MAHKAMAH KONSTITUSI REPUBLIK INDONESIA SEBAGAI PENJAGA KONSITUSI DAN IDEOLOGI NEGARA

oleh: Wahju Prijo Djatmiko

Abstract

The Constitutional Court (MK) is one of the judicial power institutions in the Indonesian constitutional system whose constitutional authority is recognized after the amendment to the 1945 Constitution of the Republic of Indonesia (UUD 1945). The MK’s authority as regulated in Article 24C of the 1945 Amendment, conducts a judicial review of the Constitution (constitutional review), both covering material and formal aspects in the spirit of protecting public interests from arbitrary power and misuse of power from the legislators. The functions of MK to build a democratic rule of law state can be carried out in four functions, namely as the interpreter of the constitution, the guardian of human rights and the constitution and as the enforcer of democracy.

The possibility of authority’s conflicts in carrying out the mandate of the law in the state institutions is a problem that may occur. Due to the above condition, the MK has the constitutional authority to resolve conflicts of interest between state institutions whose solutions are based on the legal process and not on the political one. Because of there are rapid and unpredictable changes due to the internal conditions and the global influences, besides being the guardian of the constitution, the MK is also expected to stand firmly as the guardian of the state’s ideology (Pancasila). The ability of the MK to fully understand the importance of Pancasila towards UUD 1945 is an obligation to maintain Pancasila as the state ideology and legal ideals (rechtsidée).

Keywords: constitutional review, state ideology, constitutional court.