Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Constitutional Dialogue in Judicial Review at the Indonesian Constitutional Court: The Future Prospects

Author(s): Ahmad, Fence M. Wantu, Dian Ekawaty Ismail

The purpose of this paper is to formulate a model of constitutional dialogue implementation in judicial review of the 1945 Constitution at the Indonesian Constitutional Court. The writing approach employed the Statute Approach, Conceptual Approach, and Comparative Approach. The novelty of this paper is a model of constitutional dialogue implementation in the judicial review of the 1945 Constitution of the Republic of Indonesia at the Constitutional Court that put emphasis on on decision making through interpretation, which can be done using 2 (two) schemes. The first scheme is an active interpretation that the Constitutional Court and the People's Consultative Assembly jointly carry out on judicial review related to the Constitutional Court in which the decisions are made by converting votes, 60% votes of the Constitutional Court and 40% votes of the People's Consultative Assembly (MPR). The second scheme is passive interpretation, in which the Constitutional Court can inquire the People's Consultative Assembly to provide an interpretation of constitutionality on account that the interpretation is limited to the approach of original intent interpretation.

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