The Independence and Accountability of the Constitutional Court in the Constitutional System in Indonesia
Open Access
- 1 October 2022
- journal article
- Published by CV. Social Politic Genius (SIGn) in SIGn Jurnal Hukum
- Vol. 4 (2), 247-260
- https://doi.org/10.37276/sjh.v4i2.166
Abstract
This study aims to examine and analyze the independence and accountability of the Constitutional Court in the constitutional system in Indonesia. This study uses a normative juridical method with a statute approach. The collection of primary, secondary, and tertiary legal materials is carried out using literature study techniques. The collected legal material is analyzed using qualitative data analysis methods to describe the problem and answer study purposes. The results show that the Constitutional Court acts as the interpreter and guardian of the constitution. In addition, the Constitutional Court also acts as a guardian of human rights, citizens’ constitutional rights, and democracy. Furthermore, independence and accountability in a judicial process are like two sides of a coin. These cannot be separated because the two principles complement each other. Although the Constitutional Court has implemented duties and functions based on the principle of accountability. However, the independence of the Constitutional Court as the executor of Judicial Power has finally been lost. The Constitutional Court is now a judicial institution whose position is limited to sub-ordination from the other spheres of State Power which proposes Judges to fill in the Constitutional Court. Therefore, it is recommended that Constitutional Judges maintain their independence even though their positions result from proposals by other spheres of State Power. It is also recommended that the President and the House of Representatives uphold the mechanism of checks and balances between spheres of state power based on democratic principles. In this case, to realize the ideals of a law-based and democratic-based state for the sake of a more recognized national and state life.Keywords
This publication has 27 references indexed in Scilit:
- Abuse of Constitutional Identity. The Hungarian Constitutional Court on Interpretation of Article E) (2) of the Fundamental LawReview of Central and East European Law, 2018
- Constitutional Complaint and the Protection of Citizens the Constitutional RightsConstitutional Review, 2017
- Potensi Sengketa Kewenangan Lembaga Negara dan Penyelesaiannya di Mahkamah KonstitusiJURNAL HUKUM IUS QUIA IUSTUM, 2017
- Judicial Activism Contributing to the Understanding of Social State Principle(S) – Constitutional Court of Slovenia at the CrossroadsDanube, 2017
- A Prospect and Challenges for Adopting Constitutional Complaint and Constitutional Question in the Indonesian Constitutional CourtConstitutional Review, 2016
- Thailand’s Deep State, Royal Power and the Constitutional Court (1997–2015)Journal of Contemporary Asia, 2016
- Fight the power: Lanchester's laws of combat in human evolutionEvolution and Human Behavior, 2015
- Comparing Courts: The Accountability Function of the Constitutional Courts of Poland and HungaryReview of Central and East European Law, 2014
- PENYELESAIAN SENGKETA KEWENANGAN KONSTITUSIONAL LEMBAGA NEGARA SEBAGAI SALAH SATU KEWENANGAN MAHKAMAH KONSTITUSIJURNAL HUKUM IUS QUIA IUSTUM, 2014
- Judicial Independence and Accountability in IsraelInternational & Comparative Law Quarterly, 1984