Abstract

The Constitutional Court of Indonesia, formed as a result of the 1945 Constitution amendments, is an essential part in protecting constitutional supremacy and thereby advancing justice and democratic governance. However, its double role as both a judicial and quasi-legislative organ has raised arguments of judicial overreach and the erosion of separation of powers. The research intended to emphasize the importance of limiting the authority of the Constitutional Court in an attempt to maintain a balance in the system of governance of Indonesia and explores possible conceptions of such limitation. This paper adopts a normative legal research type, where both statutory and conceptual approaches are used. Legal principles, regulations, and decisions of the courts will be included, along with secondary and tertiary law materials. These findings bring to the forefront the need for judicial self-restraint in avoiding new legal norm-creation, how such powers may be effectively checked and balanced with the mechanisms of amendment to legislation, and increased coordination within institutions. The reforms advanced on this count aim to firm the Constitutional Court into a guardian of constitutional integrity with preservation of democratic principles like the separation of powers and the rule of law.

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