Home / Volume 7, Issue 6 / Limitations on the Authority of the Constitutional Court… Open access · CC BY-NC 4.0
Research Paper Volume 7 Issue 6 2331 - 2344 December 30, 2024

Limitations on the Authority of the Constitutional Court in Forming Legal Norms on the Testing of Laws against the 1945 Constitutional Law of the Republic of Indonesia

Lead author · Corresponding
Yodika Sputra
Faculty of Law, Universitas 17 Agustus 1945 Surabaya, Indonesia
Co-author
Tomy Michael
Faculty of Law, Universitas 17 Agustus 1945 Surabaya, Indonesia
Download PDF Full text DOIhttps://doij.org/10.10000/IJLMH.118857
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.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 7, Issue 6, Page 2331 - 2344
DOI: https://doij.org/10.10000/IJLMH.118857
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

Export citation