PERSPEKTIF POLITIK HUKUM WEWENANG MAHKAMAH KONSTITUSI SEBAGAI PENYELENGGARA KEKUASAAN KEHAKIMAN DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA

NEGARA, MERDE KUSUMA (2014) PERSPEKTIF POLITIK HUKUM WEWENANG MAHKAMAH KONSTITUSI SEBAGAI PENYELENGGARA KEKUASAAN KEHAKIMAN DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA. Jurnal Magister Ilmu Hukum. p1-21.

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Abstract

The presence of the Constitution Court within the government system of the Republic of Indonesia may be considered ideal. However, when compared with the Constitution Court of other countries its competence is less broad, but the amandment to the 1945 Constitution has brought forth a new institution in the field of judicature authority called Constitution Court which has specific powers within the goverment system of justice, and is final in nature. The Constitution Court’s exclusive power is found in its constitutional power (to perform the principle of check and balances) that other judicature institutions do not have. The presence of the Constitution Court as one of the holders of judiciary power of final nature in Indonesia is a sort of “positional consequence”. The Constitution Court may be deemed in equal level to the Supreme Court. Both the Constitution Court and the Supreme Court are the executors of judiciary power who have freedom, and autonomous, separated from other powers, that are the government (executive) and the legislature institution. The Supreme Court may be described as the summit of judicature in relation to individual or other law subjects strive for justice, while the Constitution Court has nothing to do with individuals but with broader public interest. The Constitution Court, as the first and last levels of judicature institution has a slimmer organization structure compared with that of the Supreme Court, which is the summit of judicature system whose structure is stratified vertically and horizontally covering four judicature scopes, which are the general judicature, religion judicature, court martial, and state administration judicature. The judicature scopes are still in need of improvements due to some existing weaknesses. However, the existence of the Constitution Court in Indonesia is a materialization of the Indonesian legal Policy to shape the nation’s constitutional ideals in the field of constitutional law.

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