Legal Literacy - This article discusses the history and development of the Constitutional Court of Indonesia and the idea of judicial independence. Starting from the transformation of the constitutional paradigm to the implementation of the principle of checks and balances, this article outlines the importance of the Constitutional Court in maintaining constitutional supremacy and facing current challenges.
Transformation of the Constitutional Paradigm in Constitutional Amendments
The amendment of the 1945 Constitution as a result of the reform struggle has massively fostered transformation of the Indonesian constitutional system in a short time, considering that the amendment only took place in an interval of four years and was relatively very short when compared to the juridical historicity of the Unitary State of the Republic of Indonesia. Concrete evidence is the transformation of the paradigm of MPR supremacy into constitutional supremacy. The pre-amendment Constitution of the Unitary State of the Republic of Indonesia placed the MPR as a representation of people's sovereignty so that the MPR occupied a seat as the highest state institution.[1] This paradigm of MPR supremacy has transformed into a paradigm of constitutional supremacy which places the constitution as the sole highest entity representing people's sovereignty.[2]
This transformation of the supremacy…
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