The Role of the Indonesian Constitutional Court in Developing Inclusive Legal System Through a Judicial Review in the Economic Sector

DOI

10.2991/assehr.k.211112.034How to use a DOI?

Keywords

Judicial Review; Constitutional Court; Inclusive Legal system; Economic Development

Abstract

The low quality of regulations, particularly in the economic sector, is one of the inhibiting factors in Indonesia’s economic development. A large number of judicial judgments at the Constitutional Court is a phenomenon that shows that there are problems with regulations in the financial sector that prioritize positivism laws which are anti-thesis of inclusive rule. This study aims to determine the effect of judicial review on the development of Indonesia’s economic, legal system and acknowledge the constitutionality considerations in the Constitutional Court Decisions related to the inclusive legal system in achieving economic development in the broader economic perspective. This research is normative legal research that uses legal materials in statutory regulations and includes decisions of the Constitutional Court. The result of this research is that The judicial review mechanism has consequences of declaring the constitutionality of law norm related economy aspect that contradicts the 1945 constitution. Thus, since the decision of the Court has final and binding, all Indonesian citizens must comply with and carry out the decision, particularly for the legislators to refer to the Constitutional Court’s decision in making laws and regulations in Indonesia. Then, in assessing the constitutionality of a norm, the Constitutional Court bases its decision on Pancasila and the 1945 Constitution, the sources and fundamental pillars of an inclusive legal system. Eventually, the contribution of The Court, directly and indirectly, developing the inclusive legal system through the judicial review of law norm related economic, has been accomplished.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Titis Anindyajati
PY  - 2021
DA  - 2021/11/23
TI  - The Role of the Indonesian Constitutional Court in Developing Inclusive Legal System Through a Judicial Review in the Economic Sector
BT  - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
PB  - Atlantis Press
SP  - 266
EP  - 271
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211112.034
DO  - 10.2991/assehr.k.211112.034
ID  - Anindyajati2021
ER  -