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.