Affirmation of the implementation of the paradigm of constitutional supremacy or what Palguna (2020: 28 and 29) calls as constitutional democracy in the Indonesian constitutional system, one of them is the establishment of the Constitutional Court or MK. Palguna (2020: 29) also mentions that due to demands that the constitution must be obeyed, this institution was born which was given the authority to “force” that obedience. Thus, the constitution is not only a frozen text, but can become a “living document” that gives shape and direction to political power in a country (Palguna, 2020: 29).

The Initial Idea of Establishing a Judicial Institution

John Locke's idea in Trias Politica is a visionary idea that influences other similar ideas. The Trias Politica initiated by John Locke divides state power into executive, legislative and federative powers. The main idea of John Locke's thinking is considered imperfect because it merges judicial power into executive power (Magnis-Suseno, 2023, p. 279). John Locke even in his idea did not support the independence and impartiality of judicial power because he considered that judicial power was part of executive power (Buana, 2023: 110).

In his book L'esprit des lois, Montesquieu perfected the idea of Trias Politica initiated by John Locke with his Trias Politica. State power according to him is divided into three powers; namely legislative, executive and judicial. The emphasis of the Trias Politica idea that he constructed is the separation of the judicial branch from the executive branch. Judicial or judicial power must be completely impartial and independent and in making decisions is not influenced by any branch of power (Magnis-Suseno, 2023: 281).