Abstract
Abstract
The Indonesian Constitutional Court has interpreted its constitutional review powers expansively to offer a broad category of individuals and groups who feel that their constitutional rights have been impaired an avenue for obtaining unmediated access to the means for obtaining redress. One of the tools the Court has used to enlarge its constitutional review jurisdiction is the constitutional guarantee of legal certainty. Early applications of this provision reflected an understanding of the requirement of legal certainty as establishing a narrow and essentially formal test for the validity of the law. Inevitably, however, the use of a claim of legal uncertainty to bring a constitutional challenge began to grow, and litigants can now use the provision to obtain judicial review of almost any statute on any grounds.
Publisher
Oxford University PressOxford