Evaluating Alleged Political Influence And Intervention in Constitutional Court Rulings as Political Machines

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.

Institutions

Publication Details

Journal
International Journal of Multicultural and Multireligious Understanding
Published
2024-08-08
DOI
https://doi.org/10.18415/ijmmu.v11i8.5842
Primary Topic
Indonesian Election Politics and Participation
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Evaluating Alleged Political Influence And Intervention in Constitutional Court Rulings as Political Machines

International Journal of Multicultural and Multireligious Understanding
Indonesian Election Politics and Participation
article

Evaluating Alleged Political Influence And Intervention in Constitutional Court Rulings as Political Machines

article en

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.

International Journal of Multicultural and Multireligious Understanding
Universitas Pawyatan Daha Kediri (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 38%
Indonesian Election Politics and Participation
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.