Vol. 6, Issue 3 (2020)
Investigating the effectiveness of the judicial review practices whitin Indonesian legal system
Author(s): Marwan Jafar
Abstract: The implementation and practice of judicial review in Indonesia is problematic. This is because it is accompanied with the inconsistencies between the theoretical regulations and laws with practical implementation in the country. This issue has led to the imbalances in the legal process, lack of trust within the judicial process. This research aims to examine the effectiveness of the judicial review system in Indonesia. The suitable method for the present study is qualitative research. This method is adopted due to the fact that the researcher is not collecting primary data through survey of which quantitative analysis will be conducted. However, the major design selected for this study is desktop research design. It is type of data collected without field work. The main fields for data collection for this kind of research are libraries and internet. As said earlier that the major sources of this desktop research involves the internal data which are collected within the judicial and legal institutions in Indonesia such as legal report, and other important judicial information. The second source of data in the present study is the library and the items to be collected in the library consist of the hardcopies of journals, newspapers, directories and government statistics. Online data base is the third strong source of data collection in the present study. This research has succeeded in explaining the judicial review concept and its process in Indonesia. It narrates the historical background of the judicial review process by explaining the shortcomings of central judicial review system authority previously conferred on the Supreme Court that led to the institution of constitutional court as promulgated in the third amendment of the 1945 constitution in 2003. The meaning, importance and benefits of the constitutional court were highlighted as well as the strategies for strengthen constitutional court independence and integrity. The section finally explains the challenges confronting the judicial review process and implementation.