Chief Justice Discusses the Judicial Review Procedural Law

Chief Justice Suhartoyo speaking at the online Workshop on Judicial Review for Advocates II, on Tuesday (8/26/2025). Photo by MKRI/IlhamWM.

JAKARTA (MKRI) — Chief Justice Suhartoyo served as a resource person for the second batch of online Workshop (Bimtek) on the second day of the Judicial Review Procedure for Advocates on Tuesday evening, August 26, 2025. Chief Justice Suhartoyo stated that the Court is the guardian of the constitution.

In addition, the Court is also the final interpreter of the constitution, protector of democracy, protector of human rights (HAM), and protector of the constitutional rights of citizens because it carries out its authority and obligations mandated by the 1945 Constitution (UUD). The authority and obligations referred to are to review laws against the Constitution, decide on disputes of authority between state institutions, decide on the dissolution of political parties, decide on disputes over general election results, and is obliged to provide a decision on the opinion of the DPR (House of Representatives) regarding alleged violations by the president and/or vice president according to the Constitution.

In line with the theme of this workshop, Chief Justice Suhartoyo reviewed the Court's authority to review laws against the Constitution. The Court is tasked with reviewing laws enacted by the legislature and executive branches to ensure they comply with the 1945 Constitution, ensuring that no legal products violate the constitution.

"Historically, the Court was formed primarily to review laws against the Constitution, that is judicial review," said Chief Justice Suhartoyo.

The implementation of this authority is regulated in Constitutional Court Regulation No. 7 of 2025 on Procedures in Judicial Review Cases (PMK 7/2025). Judicial review is divided into two types: material review and formal review.

Chief Justice Suhartoyo explained that material judicial review is reviewing the content of paragraphs, articles, and/or sections of laws that are deemed to be in conflict with the 1945 Constitution of the Republic of Indonesia (NRI). Meanwhile, formal judicial review is reviewing the formation of laws that are deemed not to fulfill the provisions for the formation of laws based on the 1945 Constitution of the Republic of Indonesia.

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Chief Justice Discusses the Judicial Review Procedural Law