Regulation Arrangement through The Judicial Power: The Challenges of Adding the Authority of The Constitutional Court and The Supreme Court

Abstract

Disharmony and regulation arrangement is one of the problems in Indonesia that has not been completely resolved. Efforts have been made by the government and various parties. But in reality, disharmony and regulation arrangement are still a problem in Indonesia. There needs to be an out of the box solution, one of which involves the judicial power to organize regulations. The researchers in this article have two problem formulations, namely (1) how is the arrangement of regulations through judicial power from the theoretical aspect? and (2) how is the arrangement of regulations through the Constitutional Court and the Supreme Court to realize a synchronized and harmonious simplification of regulations? First, regulatory arrangements can be made by the judiciary through instruments and processes called judicial review. Theoretically, judicial review can be used as an instrument and a process for structuring regulations so that they are synchronous and harmonious. In Indonesia, a judicial review has been applied to the authority of the Constitutional Court and the Supreme Court. This means that theoretically, regulatory arrangements can be made by the judiciary, in this case the Constitutional Court and the Supreme Court. Second, the judicial review carried out in the context of structuring regulations must be comprehensive on all types of laws and regulations and systematically tiered. Judicial review can also be done horizontally and vertically.