INCONSISTENCY OF INDONESIA SUPREME COURT AND MAKE DECISION LAWS (RELATED TO ARTICLE DETERMINATION OF 2019 PRESIDENT ELECTION CANDIDATES)

Abstract

Judicial review is necessary to balance the power of the ruler (government) with citizens' constitutional rights. Ideally, the authority of a court of law (such as testing statutory regulations) and a court of justice (such as criminal and civil disputes) are carried out by two different judicial institutions but not with Indonesia. In Indonesia, the authority of a court of law is equally exercised namely the Supreme Court and the Constitutional Court. However, what distinguishes the two institutions' authority is the form and position of the legislative regulations. In practice, it is not uncommon for decisions to contradict the Constitutional Court's decisions, causing inconsistencies and legal uncertainty regarding the Article on the Determination of Selected President's electoral Candidates.