LEGAL PROBLEMS OF DUALISM OF JUDICIAL REVIEW SYSTEM IN INDONESIA
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.
Author: Pan Mohamad Faiz
Journal Code: jphukumgg160036
