KEDUDUKAN DAN WEWENANG MAHKAMAH KONSTITUSI DALAM SISTEM HUKUM KETATANEGARAAN INDONESIA
Abstract: Fundamental changes
in the 1945 is the amendment of Article 1 paragraph (2) as follows:
"Sovereignty belongs to the people and carried out according to the
Constitution". Change the 1945 Constitution has given rise to the
Constitutional Court. By the Constitutional Court, the constitution guaranteed
as the supreme law that can be enforced as it should. The Constitutional Court
in its development, it is feared will be the agency that has authority super
body.Particularly in resolving the matter related to its authority, the
Constitutional Court can unilaterally interpret the Constitution without being
questioned, other than that produced the Constitutional Court ruling is final
and binding, so that when there is one party who feels aggrieved by the
decision of the Constitutional Court cannot make the effort for other law. From
the approach used in this study is normative juridical, because the study was
conducted by examining library materials or secondary data relating to the
status and authority of the Constitutional Court in constitutional legal system
of Indonesia. Specifications of this research is descriptive analysis, which is
expected to give a detailed overview, systematic, and comprehensive on all
matters relating to the object to be examined. The data used in this study is
secondary data, it means the data obtained from library materials collected
through the study of literature and documentary studies, which are then
analyzed qualitatively. The conclusion of this study is that the formation of
the Constitutional Court in Indonesia is inseparable from the development of
judicial review occurring in several countries in the world, especially during
the implementation of judicial review which was pioneered by John Marshall in
Marbury versus Madison case.Thinking about the importance of the Constitutional
Court in Indonesia has emerged during the discussion of the draft Constitution
in BPUPKI, then the idea of judicial review of the need to re-emerge during the
discussion draft Judicial Power Act (Act No. 14 of 1970). At the time of the
discussion of the 1945 changes in the era reformation, the opinion of the
importance of the Constitutional Court appeared. Ultimately, the Third
Amendment to the 1945 to be of the Constitutional Court, which serves as the guardian
of the Constitution and constitutional interpretation.
Penulis: Nanang Sri Darmadi
Kode Jurnal: jphukumdd110242
