As society continues to develop, Indonesian Laws need to have their rules and provisions further modified and improved, since the law plays a pivotal role as a tool of social engineering and social control. While changes to and the overall transformation of the law are often handled by lawmakers such as the House of Representatives or the government, the general public may also trigger changes to the law through certain mechanisms, such as petitions for judicial review by the Supreme Court (Mahkamah Agung – “MA”) and the Constitutional Court (Mahkamah Konstitusi – “MK”).
Through the submission of petitions to the MA or MK, the general public may challenge any specific Laws and Regulations that they deem to be in contradiction with the norm or rules set out under the nation’s constitution or as a part of higher-level laws. Granted petitions may significantly affect the implementation of any Laws and Regulations that are subject to judicial reviews.
2024 was a year marked by significant political maneuvering, with simultaneous general and regional elections taking place throughout Indonesia. As a result, many efforts were made to amend the provisions set out under various election-related Laws through the MK’s judicial review mechanism for political contestation purposes. However, a number of MK judicial reviews also had significant impacts within the business sector, including Decision of the MK No. 168/PUU-XXI/2023, which amended several provisions related to labor Regulations.[1] A number of other Laws and Regulations are also currently undergoing processes of judicial review at the MK and these may also have a significant impact on the business sector if the petitions in question are ultimately granted.
In this regard, businesses would be best advised to closely monitor any changes that are made to relevant Laws and Regulations. To help with this process, this edition of Indonesian Law Digest (ILD) presents a report on pending MK judicial reviews, as processed during 2024. This report refers to data collected at the end of 2024 and includes cases that are still under examination or for which final decisions have yet to be handed down.
The various MK judicial review cases that are addressed in this article were compiled by the Hukumonline team in line with the following limitations and methods:
As society continues to develop, Indonesian Laws need to have their rules and provisions further modified and improved, since the law plays a pivotal role as a tool of social engineering and social control. While changes to and the overall transformation of the law are often handled by lawmakers such as the House of Representatives or the government, the general public may also trigger changes to the law through certain mechanisms, such as petitions for judicial review by the Supreme Court (Mahkamah Agung – “MA”) and the Constitutional Court (Mahkamah Konstitusi – “MK”).
Through the submission of petitions to the MA or MK, the general public may challenge any specific Laws and Regulations that they deem to be in contradiction with the norm or rules set out under the nation’s constitution or as a part of higher-level laws. Granted petitions may significantly affect the implementation of any Laws and Regulations that are subject to judicial reviews.
2024 was a year marked by significant political maneuvering, with simultaneous general and regional elections taking place throughout Indonesia. As a result, many efforts were made to amend the provisions set out under various election-related Laws through the MK’s judicial review mechanism for political contestation purposes. However, a number of MK judicial reviews also had significant impacts within the business sector, including Decision of the MK No. 168/PUU-XXI/2023, which amended several provisions related to labor Regulations.[1] A number of other Laws and Regulations are also currently undergoing processes of judicial review at the MK and these may also have a significant impact on the business sector if the petitions in question are ultimately granted.
In this regard, businesses would be best advised to closely monitor any changes that are made to relevant Laws and Regulations. To help with this process, this edition of Indonesian Law Digest (ILD) presents a report on pending MK judicial reviews, as processed during 2024. This report refers to data collected at the end of 2024 and includes cases that are still under examination or for which final decisions have yet to be handed down.
The various MK judicial review cases that are addressed in this article were compiled by the Hukumonline team in line with the following limitations and methods:
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