Constitutional Court as a Positive Legislator: Legitimacy, Institutional Conflict, and Democratic Reconciliation in Indonesia Labib Muttaqin
Faculty of Law, Universitas Muhammadiyah Surakarta,
Kartasura, Surakarta 57102, Indonesia
Abstract
This study examines the evolving role of the Constitutional Court in judicial review cases, particularly its shift from a negative legislator to a positive legislator and the ensuing tensions with democratic institutions such as the legislature and the executive. It focuses on three key issues: the legitimacy of the Constitutional Court in exercising its positive legislator function, the institutional conflicts triggered by such decisions, and the mechanisms available for conflict resolution. Employing a normative legal research method, the study draws on secondary data collected through literature review and analyzes it qualitatively. The findings indicate that the Court^s assumption of a positive legislator role has resulted in institutional frictions, exemplified by the rejection of Constitutional Court Decision No. 91/PUU-XVIII/2020 and Decision No. 60/PUU-XXII/2024 by the House of Representatives and the government. To mitigate these tensions, a shared understanding among the Constitutional Court, the legislature, and the executive is essential regarding the normative framework guiding the Court^s positive legislator decisions and the procedures for their implementation by the legislature and the President.
