September 5, 2025Journal of Indonesian Legal StudiesOpen Access

Is the Legislator in the Constitutional Court? Examining the Tension Between Judiciary and Democracy in Indonesia

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Authors

LMLabib Muttaqin AOAndy Omara SASudjito Atmoredjo

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Implication

This analysis uncovers conflicts between judicial review and democratic institutions in Indonesia, highlighting the role of the constitutional court as a positive legislator.

Key Points

The Constitutional Court's role as a positive legislator reveals tensions with democratic institutions.
Conflicts arose notably with the ruling on Law No. 11 of 2020 regarding job creation, which was deemed conditionally unconstitutional.
The doctrinal legal research method was used, focusing on qualitative analysis of secondary data from literature.
Establishing clear guidelines is vital for harmony between the Constitutional Court, parliament, and the government.

Cite This Study

Muttaqin et al. (2025) studied this question.

synapsesocial.com/papers/68c239e5b210217d6477ea0a https://doi.org/10.15294/jils.v10i1.13494

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Implication

This analysis uncovers conflicts between judicial review and democratic institutions in Indonesia, highlighting the role of the constitutional court as a positive legislator.

Is the Legislator in the Constitutional Court? Examining the Tension Between Judiciary and Democracy in Indonesia

Discussion

Member takes

Implication

Key Points

Cite This Study

Is the Legislator in the Constitutional Court? Examining the Tension Between Judiciary and Democracy in Indonesia

Discussion

Member takes

Implication

Key Points

Cite This Study

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