Reconstruction of Judicial Review Arrangements for Regional Regulations in Indonesia

Abstract

This article intends to analyze the reconstruction of judicial review arrangements for regional regulations in Indonesia. The judicial review authority in the Supreme Court has different characteristics from the judicial review in the Constitutional Court of the Constitutional Court. The difference is that the object being tested by the Supreme Court is only limited to statutory regulations under the law, while the constitutionality of the law is examined by the Constitutional Court. The research used is normative legal research with the the statutory approach and conceptual approach. The result of discussion is the reconstruction of the judicial review arrangement by the Supreme Court needs to be carried out to the expansion of the types of test rights owned by the Supreme Court which are not only limited to conducting material trials. Regulation of the Supreme Court Number 1 of 2011 concerning the Right to Material Testing needs to be amended immediately, especially in terms of giving the title because it narrows the authority possessed by the Supreme Court itself. The reconstruction includes preliminary examination and trial examination carried out in a trial open to the public, and the decision is read out in a plenary session open to the public.

Keywords: reconstruction; judicial review; regional regulations; Indonesia

DOI: 10.7176/JLPG/113-02

Publication date:September 30^th 2021