JUDICIAL ACTIVISM AND LIMITATIONS OF THE AUTHORITY OF THE CONSTITUTIONAL COURT IN THE CONSTITUTIONALITY

Abstract

Court The constitution has an important role in maintaining the constitutionality of laws and regulations in Indonesia. The Constitutional Court has two main functions: first, to conduct constitutional testing to ensure that laws and regulations are in accordance with the 1945 Constitution and do not violate the constitutional rights of citizens. Second, the Constitutional Court functions as a guardian of the constitution and protector of citizens' constitutional rights, so that unconstitutional laws and regulations can be canceled or changed. In carrying out this task, the Constitutional Court must maintain the supremacy of the constitution and ensure that laws and regulations do not violate the constitutional rights of citizens. However, the Constitutional Court must also consider the limits of its authority and should not be limited by existing provisions. In several cases, the Constitutional Court has demonstrated judicial activism in testing unconstitutional laws and regulations, such as in Decision Number 135/PUU-XIII/2015 which granted the petition to review Law Number 8/2015. In this context, the role of the Constitutional Court in maintaining the constitutionality of laws and regulations becomes very important. The Constitutional Court must be able to follow the development of constitutional law and ensure that laws and regulations are in accordance with the constitution. Therefore, the Constitutional Court must maintain the supremacy of the constitution and ensure that laws and regulations do not violate the constitutional rights of citizens. In several cases, the Constitutional Court has demonstrated judicial activism in examining unconstitutional laws and regulations, such as in Decision Number 135/PUU-XIII/2015 which granted the petition to review Law Number 8/2015. Thus, the role of the Constitutional Court in maintaining the constitutionality of laws and regulations is very important in ensuring justice and equality in society.