FUNGSI PENGUJIAN UNDANG-UNDANG OLEH MAHKAMAH KONSTITUSI DALAM MEKANISME CHECKS AND BALANCES DI INDONESIA

Abstract

This study employs normative legal methods with a statutory and case-based approach, analyzed qualitatively through a literature review of primary, secondary, and tertiary legal materials. This study examines the function of the Constitutional Court of the Republic of Indonesia in reviewing laws. Within the framework of the checks and balances mechanism and the protection of citizens' constitutional rights in Indonesia, this function is analyzed in depth. The study reveals that, as an oversight instrument for legislative and executive power, the Constitutional Court's judicial review authority encompasses aspects of public policy, the substance of norms, and the procedures for formulating laws. Furthermore, through its decisions, the Constitutional Court plays a role in protecting citizens' constitutional rights, including social and economic rights, as well as civil and political rights. The Constitutional Court serves not only as a balance of power in the Indonesian constitutional system but also as a guardian of the constitution. Therefore, the implementation of this function is still influenced by the consistency of the Constitutional Court's decisions and the level of compliance of state institutions in implementing the decisions it has made.