“The Supreme Court is an independent power to administer justice in order to uphold law and justice.”
This statement is mandated by Article 24 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. That Indonesia as a country requires an independent judicial institution that is free from the influence of executive and legislative powers. Article 24 paragraph (1) of the Constitution mentions several authorities of the Supreme Court, including adjudicating cassation cases, reviewing regulations under the law, and having other authorities granted by law. The authority to review regulations under the law or what is known as the Material Review Right is the right of the Supreme Court to assess the material content of a regulation under the Law against higher regulations. Sourced from the authority granted by the 1945 Constitution, if there is content in a regulation under the law that is suspected of being in conflict with the law, the examination is carried out by the Supreme Court. Then through the Material Review Right decision. The Supreme Court declares regulations under the law invalid on the grounds that they conflict with higher regulations or that their formation does not meet the applicable requirements. The process and procedures for testing are regulated through article 31A of Law Number 3 of 2009 concerning the Second Amendment to Law Number 14 of 1985…