Evaluating Alleged Political Influence And Intervention in Constitutional Court Rulings as Political Machines
Year: 2024
Type: article
Abstract: According to the 1945 Constitution of the Republic of Indonesia, the fourth paragraph of the preamble mandates that the government protect the entire nation and all of Indonesia's blood as an embodiment of the fifth principle, "Social Justice for All the People of Indonesia." This means that the Indonesian state is a state of law, and the government is tasked with putting this mandate into practice. It governs the Constitutional Court in its dual roles as the judicial branch and the defender of the constitution. In the event that a law contains provisions that are unconstitutional (against the constitution), the court has the authority to declare such law to be unenforceable in its whole or in part. It is inappropriate to utilize the Constitutional Court as a vehicle for authority because its purpose is to maintain balance between the power of the legislature and the executive branch of government to ensure that none is used arbitrarily. by removing the independence of judges, particularly in instances involving the government. The purpose of this study is to evaluate the morality and power of independent, free constitutional judges. The research method used is normative juridical, with a statutory and regulatory approach and a conceptual approach.
Author: Anwar, Khoirul
Institution: Universitas Pawyatan Daha Kediri
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W6925572257
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