PENGUJIAN PERUNDANG-UNDANGAN MELALUI LEGISLATIVE REVIEW, EXECUTIVE REVIEW, DAN JUDICIAL REVIEW

Studi Kasus Pembatalan Peraturan Daerah Tentang Pengelolaan Tambang Oleh Mahkamah Agung

Abstract

The judicial review of laws and regulations is a crucial mechanism in the Indonesian legal system to maintain the consistency of the hierarchy of legal norms and ensure that each regulation aligns with the principles of the rule of law. This article discusses three forms of judicial review of laws and regulations: legislative review, executive review, and judicial review, focusing on the case study of Supreme Court Decision Number 46 P/HUM/2018 concerning the Annulment of Kulon Progo Regency Regulation Number 1 of 2011 concerning the Regional Spatial Plan (RTRW). The research method used is a normative juridical approach with descriptive analysis of legal documents and academic literature. The results show that the differences between the three forms of review lie in the implementing institutions and the basis of their authority. In the Kulon Progo case, the Supreme Court used judicial review to uphold the rule of law and prevent potential violations of community rights resulting from spatial planning policies that do not comply with national regulations. The enactment of laws and regulations has a positive impact on protecting citizens' rights and strengthening the principle of checks and balances in the Indonesian government system.