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

Abstract

The Legislative Testing System in Indonesia

Author(s): Lukman Hakim, Purnawan D. Negara, Nalom Kurniawan

This study aimed to analyze and explore the problems arisen from the implementation of judicial review on a two-stop service in the constitutional system. The results of the study indicate that the implementation of the judicial review conducted in Indonesia has the potential to cause legal conflicts. One reason is the separation of authority over the testing of regulations carried out by two judicial institutions, namely the Constitutional Court and the Supreme Court. Exploring problems arising from the implementation of judicial review in a two-stop service that occurs in the constitutional system. The possibility to unite the authority of judicial review under one-stop service with the potential problems that are likely to emerge is followed by a comparative approach by looking at several practices in countries that conduct a judicial review under one-stop service, with the Austrian Constitutional Court as the main reference. The conclusion is that the preparation of this study is followed by the awareness that this paper will not be sufficient for changes in the existing judicial review system. Nevertheless, the unification of the authority to examine the laws and regulations means to amend the 1945 Constitution which requires strong reasons and careful consideration. Therefore, this study aims to open a preliminary discourse that elaborates issues related to judicial review.

Get the App