PERAN MAHKAMAH KONSTITUSI DALAM MENJAGA KONSTITUSIONALITAS UNDANG-UNDANG DI INDONESIA

Abstract

This study explores the role of the Constitutional Court (Mahkamah Konstitusi) in safeguarding the constitutionality of laws in Indonesia, with a focus on the landmark ruling No. 91/PUU-XVIII/2020 concerning the Job Creation Law. The Constitutional Court holds strategic authority as the guardian of the rule of law and constitutional democracy, particularly through judicial review mechanisms. In this case, the Court declared the law conditionally unconstitutional due to procedural flaws and lack of public participation. This decision sets a significant precedent, emphasizing that the process of lawmaking is as essential as the substance. Using a normative-juridical method and conceptual approach, this research analyzes the legal, political, and social implications of the decision. Findings reveal that the Court’s ruling encourages reform in Indonesia’s legislative system toward greater democracy, transparency, and public inclusivity. Additionally, the Court serves as a check on governmental power and as a protector of citizens’ constitutional rights. Despite facing challenges, the Constitutional Court remains a vital institution for upholding constitutional integrity amid political dynamics and external pressures.