COMPARISON OF CONSTITUTIONAL COURT AUTHORITY BETWEEN INDONESIA AND SOUTH KOREA

Abstract: This paper is intended to find out the comparison between Indonesian and South Korea constitutional court. Constitutional Court of Indonesia and South Korea have same authority, namely judicial review, the authority decide the disputes between state institutions and the dissolution of political parties. However, there are some differences. From the point of authority, Constitutional Court of Korea is more comprehensive because it has the constitutional complaint authority and in deciding the dispute of  state  institutions  authority,  the  dispute  type  of  the  state  institutions  authority  is  classified explicitly. But  from the  point of  judicial review execution, the constitutional court in Indonesia  is more comprehensive because the applicant could be more flexible. Indonesian Constitutional Court should  be  able  to  adopt  the  excellence  of  Constitutional  Court  of  Korea  while  maintaining  it’s excellence to maximize the Constitutional Court as escort agencies and interpreter of the Constitution.

Keywords: judicial review, constitutional complaint, constitutional court

Author: Janpatar Simamora

Journal Code: jphukumgg150061

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