Abstract
Indonesia implements dualism of judicial review system because there are two different judicial institutions that are granted the authority to review laws and regulations, namely the Constitutional Court and the Supreme Court. This research aims to analyse the problems caused by the dualism of judicial review system. It found two main legal problems of the current system. First, there is an inconsistency of decisions concerning judicial review cases for the same legal issues decided by the Constitutional Court and the Supreme Court. Second, there is no mechanism to review the constitutionality of People’s Consultative Assembly (MPR) decisions and regulations under the level of law. Based on these findings, this research suggests that the authority to review all laws and regulations should be integrated under the jurisdiction of the Constitutional Court.Keywords: Constitutional Court, Constitutional Review, Judicial Review
Highlights
Judicial review refers to the authority of a court to review the constitutionality of legislative and executive actions
First Period: Soekarno Era (1945-1966) the mechanism of constitutional review was formed after the Constitutional Court establishment in 2003, the discussion and debate about the need for a constitutional review system had occurred in the drafting process of the first Indonesian Constitution, prior to independence in 1945
Discussion about the need for a constitutional review mechanism in the Indonesian judicial system has been debated since the pre-independence in 1945
Summary
Judicial review refers to the authority of a court to review the constitutionality of legislative and executive actions. It means that a court can invalidate laws or decisions contrary to higher laws or regulations, the Constitution. The term of judicial review is often used interchangeably with constitutional review. Judicial review has a broader meaning compared than a constitutional review. In this context, judicial review can both examine the constitutional validity of laws and regulations as well as administrative actions and decisions, while constitutional review is more specific to review the constitutionality of laws and regulations. The first model is known as the decentralised model in which the
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