The Politics of Law Regarding The Strengthening of The Checks and Balances System in The Indonesian Constitutional Order Post-Reform

Abstract

 This study aims to examine the legal policy regarding the regulation of the checks and balances system in Indonesia's post-reform constitutional framework and to determine the direction of legal policy for strengthening this system to realize the principles of the rule of law and constitutional democracy. A normative-juridical legal research method was employed. The findings indicate that the post-reform legal policy concerning the checks and balances system was directed at limiting state power through the division of authority among institutions, grounded in the principle of constitutional supremacy. Although these mechanisms were strengthened through amendments to the 1945 Constitution, their implementation continues to face various challenges. Therefore, strengthening institutional independence, accountability, and inter-institutional oversight is essential to optimally realize the principles of the rule of law and constitutional democracy. The direction of legal policy for strengthening the checks and balances system aims to establish a balance of power among state institutions, reinforce constitutional supremacy, and prevent the abuse of authority. By strengthening oversight mechanisms, accountability, and the independence of state institutions, the constitutional system is expected to effectively realize the principles of the rule of law and constitutional democracy.