Judicial Review of Subordinate Regulations In The Indonesian Constitutional Court: Prospect And Limitations

The Indonesian constitutional reform, which occurred from 1999-2002, has enabled the adoption of judicial review of laws and regulations. Accordingly, the jurisdiction for the judicial review of statutes is granted to the Constitutional Court. The Supreme Court, however, is conferred the authority to review subordinate regulations to determine their consistency with the statutes. Some scholars argue the split of jurisdictions leaves a problem unresolved: the absence of constitutional review of subordinate regulations. This paper attempts to consider whether it is desirable for the Constitutional Court to take up the authority to invalidate subordinate regulations on the grounds that they are incompatible with the constitution. It argues that although it is desirable to grant the Constitutional Court the power to constitutionally invalidate subordinate regulations, such authority should not be assumed without a constitutional amendment due to unintended consequences that may arise.