Legislative Review and Judicial Review

What is the understanding of toetsingsrecht? What is meant by legislative review? In general, legislative review can be described as a process of testing laws and regulations by legislative institutions. Meanwhile, judicial review is the process of testing laws and regulations by the courts, with a focus on lower regulations against higher regulations. The main difference between legislative review and judicial review lies in the subject who carries out the testing, as well as the authority inherent in each state institution.

The authority of the DPR in Legislative Review

In practice, the DPR is the institution that has the authority to conduct legislative reviews of laws and Government Regulations in Lieu of Laws (perppu). This is in accordance with Article 20 paragraphs (1) and (2) of the 1945 Constitution for laws, as well as Article 22 paragraph (2) of the 1945 Constitution which states that perppu must obtain approval from the DPR in the next session.

The DPR has the authority to approve or reject perppu. If approved, the perppu will become law. In legislative review, the examination is more based on the views of members of the DPR regarding the interests of the perppu which is stipulated as law, or it can be said that legislative review is a test from the political point of view of the factions in the DPR.