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Legal Problems of Dualism of Judicial Review System in Indonesia

Jurnal Dinamika Hukum, Vol 16, No. 2, pp. 187-195, 2016

9 Pages Posted: 2 Dec 2016  

Pan Mohamad Faiz

The University of Queensland - T.C. Beirne School of Law

Date Written: May 1, 2016

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, Indonesian Law

Suggested Citation

Faiz, Pan Mohamad, Legal Problems of Dualism of Judicial Review System in Indonesia (May 1, 2016). Jurnal Dinamika Hukum, Vol 16, No. 2, pp. 187-195, 2016. Available at SSRN: https://ssrn.com/abstract=2878206

Pan Mohamad Faiz (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

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