A Comparison of Judicial Review in Indonesian Constitutional Court and French Constitutional Council

Abstract

One of the advances in contemporary legal and governmental ideas to arise in the 20th century was the notion of establishing a Constitutional Court. A constitutional court is a high court that focuses on constitutional law issues. Its primary authority is to rule on whether laws that are reviewed are in fact in line with constitution or not. The purpose of this study is to compare the judicial review functions and institutional aspect of the Indonesian Constitutional Court with the French Constitutional Council. It explains the distinctions and similarities between the roles of the Indonesian Constitutional Court and the French Constitutional Council as judicial entities allowed to conduct judicial reviews of statutes in accordance with the constitution. The research method employed is library research, while the research approach is a statutory approach and a comparative approach. The study shows that the Constitutional Courts in France and Indonesia have certain similarities and differences that come from the issue of court’s authority, nature of decision, complainant party, and qualification and composition of justices.

Ensuring Administrative Legality and Justice Through Judicial Review In Indonesia

“…Over time, this has become an important process for reviewing the constitutionality of laws and regulations, ensuring compliance with the basic principles of rule of law, separation of powers, and protection of human rights (Abrori &;Makki, 2021). This mechanism, which has its roots in the early days of Indonesian independence, is now increasingly important and an important means of upholding the constitution and ensuring legal integrity (Shakti et al, 2023) The Indonesian Constitutional Court has an important role in the realm of legal review, namely as an independent arbitrator tasked with maintaining the constitution and maintaining loyalty to the rule of law as stated in the 1945 Constitution (Samsudin, 2022). Through its rulings, the Constitutional Court provides clarity on legal issues, resolves disputes regarding the interpretation of the constitution, and upholds the principles of justice and fairness in the legal system.…”

Convergence of green and sustainable principles from the perspective of economic democracy in Indonesia

“…Mahfud notes that a constitution reflects the political, economic, social, and cultural conditions of its time, indicating it should be adaptable to societal changes while maintaining more permanence than ordinary laws (Samsudin, 2022). Asshiddiqie (2016) adds that the constitution embodies a collective agreement on the state organization, the interaction between state institutions, and the relationship between these institutions and citizens (Sampe et al, 2023).…”

Decree of the President of the Republic of Indonesia No 55/M of 2020 Concerning Termination and Appointment of Membership No After the Supreme Court Decision Number5P/HUM/2021

“…Etymologically, independence means the ability to stand alone. There is no interference from power (Sirajuddin & Winardi, 2015). InBlack"s Law Dictionary mentions independent as not Legal products from state institutions are determined by a hierarchy of norms, so the rules for both Perkonsil and Perkonsil as products from KKI as regulators have the same level as government regulations, according to the order in the legislation, namely the Constitution, Laws, Perpu, PP, Perpres , provincial regulations, district/city regional regulations.…”