PENGUATAN MEKANISME CHECKS AND BALANCES MELALUI LITIGASI KENEGARAAN DALAM SISTEM KETATANEGARAAN INDONESIA

Abstract

The principle of checks and balances constitutes the fundamental pillar of a democratic constitutional system; yet its implementation in Indonesia continues to encounter structural and institutional challenges. This article examines the strengthening of the checks and balances mechanism through state litigation instruments, particularly via the Constitutional Judiciary, the highest appellate Court, and the State Administrative Court. A normative juridical method is employed, combining statutory and conceptual approaches. The findings reveal that state litigation plays a strategic role in correcting deviations of power among state institutions and concretely reinforces checks and balances through judicial review and state administrative lawsuit mechanisms. This article concludes that strengthening the checks and balances mechanism through state litigation not only reinforces constitutional supremacy but also contributes to building an accountable and just constitutional order.