Law Politics of Authority Separation of Judicial Review by Judiciary in Indonesia

Abstract

Remarkable shift occurred after the amendment of the Constitution 1945, of the supremacy of the parliament to the supremacy of the constitution. Consequently, all legislation products starting from legislation until the lowest level whose constitutionality and legality can be reviewed toward the higher constitution and law and regulation. However, the arrangement of Article 24A paragraph (1) and Article 24C paragraph (1) that separates the authority in the field of judicial review of the Supreme Court and the Constitutional Court is only based on the technical and practical purposes in the perspective of the politics of  law that is not ideal, so it is necessary to be amended and improved.

Keywords: judicial review, legal politic, and the constitution.