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


The Issues of Judicial Review in Realizing the Harmonization of Law in Indonesia

Author(s): Widayati, Winanto, Seno Wibowo Gumbira

 The laws and regulations are stipulated in hierarchies implying that the substance of lower laws shall not contravene the higher laws substance. Contradiction of laws shall be settled by conducting judicial review. The competence to proceed judicial review is the authority of the Constitutional Court and the Supreme Court. The settlement of judicial review in the two Courts may raise the issue of disharmony of regulations. On the other hand, there is particular type legislation that cannot be reviewed by the two Courts. The regulation concerning judicial review process is required to be amended. This research is a normative legal research using secondary data. The results of the study discovers that the judicial review authority on laws and regulation based on the applicable law is subject to the Constitutional Court, meanwhile the authority to amend and revoke the decree of the People's Consultative Assembly is subject to per se. Therefore, the 1945 Constitution of the Republic of Indonesia shall be amended.

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