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Milzam, Qashmal
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Law, Crime, Criminology & Criminal Justice

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Judicial Activism by the Constitutional Court in the Frame of Check and Balances as Development Towards Juristocracy Milzam, Qashmal; Akbar Syamsul, Asyril Rizky
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1284

Abstract

The Constitutional Court as the guardian of the constitution and the guardian of the democracy is a form of rapid progress of the modern legal state. The authority of constitutional judges is growing not only as a negative legislature, but also as a mini-positive legislature by using judicial activism so that several times it has issued ultra petitum or ultra vires decisions. This phenomenon is called jurisprudence where judicial institutions are increasingly involved in state administration and political affairs. This study uses a type of normative juridical research with a legislative approach and a case approach. The results of this study found that the Constitutional Court in creating the phenomenon of jurisprudence had a great impact on improving democracy in Indonesia and did not harm checks and balances. However, the threat still exists because constitutional judges are also ordinary human beings who can make mistakes, so internal control that refers to the code of ethics and clearer selection guidelines are the key in ensuring that the quality of constitutional judges remains fair and independent from all conflicts of interest
Co-Authors Akbar Syamsul, Asyril Rizky