Legal Literacy - The Constitutional Court, a bastion guarding the Indonesian constitution, has a long history and broad authority. This article thoroughly examines the History and Authority of the Constitutional Court. Also find information about the obligations of the Constitutional Court and how this institution contributes to the Indonesian constitutional system.

History of the Constitutional Court

The concept of establishing an independent judicial system outside the Supreme Court to handle judicial review cases was first proposed by Hans Kelsen when he was part of the chancellery in the Austrian Constitution reform. Later the idea was accepted and implemented in the Austrian Constitution of 1920, which established the Constitutional Court.

The history of the establishment of the Constitutional Court was initially intended to carry out the function of judicial review. This is the result of political and legal developments in modern countries. Politically, the existence of the Constitutional Court is interpreted as an effort to maintain the balance of power between the branches of government. Legally, the existence of the Constitutional Court is a consequence of the application of constitutional supremacy.

Establishment of the Constitutional Court of the Republic of Indonesia

Establishment Constitutional Court of the Republic of Indonesia can be interpreted from two perspectives, namely political and legal. From a political perspective, the existence of the Constitutional Court is necessary to balance the legislative power held by the DPR and the President, so that laws do not become a tool of legitimation for authoritarian government by the majority in the DPR and the President who are directly elected by the people.

History and Authority of the Constitutional Court
Image Illustration/ Doc. Constitutional Court

On the other hand, changes in the constitutional system that no longer prioritize the supremacy of the MPR place state institutions in equal positions. This allows for disputes over authority between state institutions that require a legal forum to resolve, and the Constitutional Court is considered the most appropriate institution to handle these problems.

From a legal perspective, the existence of the Constitutional Court is a consequence of the change from MPR supremacy to constitutional supremacy. The principle of constitutional supremacy is regulated in Article 1 paragraph (2) which affirms that sovereignty is in the hands of the people and is carried out in accordance with the Basic Law. The constitution becomes the determinant in the implementation of people's sovereignty, and determines the substance and limits of state administration, including provisions regarding human rights and the constitutional rights of citizens that must be protected, fulfilled and fought for by the state.