Open Justice Policy in Constitutional Court Decision and Law in Indonesia

Kt. Sukewati Lanang P. Perbawa

Faculty of Law, Universitas Mahasarwati, Denpasar, Indonesia

Abstract:

The integration of open law policy into Constitutional reforms has emerged as a focal point for numerous legal scholars in Indonesia over recent years, with criminal law being a particularly contentious subject of debate. Some stakeholders advocate for the Constitutional Court to exhibit boldness in addressing this vital issue, although Constitutional Court judges have emphasized their limitations in expanding the interpretation of adultery. This legal study aims to investigate the integration of open law policies in Constitutional Court decisions and their influence on legislative development in Indonesia. Employing a legislative research approach, data is gathered from various primary and secondary sources. Conceptually, this research explores the impact of Constitutional Court decisions, which incorporate open legal principles, on the Indonesian legal system. The findings reveal that the concept of open legal policy lacks clear boundaries in Constitutional Court rulings, leading to confusion between positive and negative legislative roles in legislative practice and judicial oversight. Additionally, the decisions based on the open justice policy highlight discord among Constitutional Court judges concerning the legalistic paradigm and the application of legal constraints, resulting in legal uncertainty in society. The study also offers significant recommendations to enhance the integration of open law policy in Constitutional Court reforms.

Keyword:

Open Justice Policy, Constitutional Court Decision, National Legal System, Indone-sia, Criminal Code