The Confrontational Role of the Constitutional Court’s Decisions in the Legislative Process

Tunggul Anshari Setia Negara

Faculty of Law, Universitas Brawijaya, Malang, Indonesia

Dewi Cahyandari

Faculty of Law, Universitas Brawijaya, Malang, Indonesia

Ahmad Siboy

Faculty of Law, Universitas Islam Malang, Indonesia

Abdul Kadir Jaelani

Faculty of Law, Universitas Sebelas Maret, Surakarta, Indonesia.

Abstract:

The Constitutional Court is a judicial institution in Indonesia that functions as a negative legislature because it makes corrections and annulment of laws that have been made. However, the decision of the Constitutional Court regarding the unconstitutionality of a norm is often not complied with by legislators. Therefore, the significance of this paper is to give in-depth attention to the significance of the position of the Constitutional Court’s decisions and their implications for the formation of laws, and their binding power to legislators and to the President as well. The juridical-normative method was adopted for this study, and the data was collected from laws and regulations using a philosophical approach. The findings reveal that the decision of the Constitutional Court remains final and binding on a material law being petitioned for review. However, this does not automatically apply to the lawmaking process. This is because legislators are institutions that have the freedom to develop norms even though the Constitutional Court once annulled norms that had been drawn up. The paper also implies how checks and balances between legislature and judiciary should be planned and managed.

Keyword:

Constitutional court, negative legislature, Indonesia, checks and balances.