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Luthfi Widagdo Eddyono
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Constitutional Review

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The First Ten Years Of The Constitutional Court Of Indonesia: The Establishment Of The Principle Of Equality And The Prohibition Of Discrimination Eddyono, Luthfi Widagdo
Constitutional Review Vol 1, No 2 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (254.52 KB) | DOI: 10.31078/consrev126

Abstract

As a very fundamental principle of the 1945 Constitution, principle of equality and prohibition of discrimination does not only serve as the basic norm, but most importantly it also have functions as the source of morality for the constitution, as well as for the practices of politics, socio-economics and law in Indonesia. This article will pick and analyses significant and landmark decisions that made by the Constitutional Court of Indonesia in its 10 years existence related to principle of equality and prohibition of discrimination to understand how the Court interpreted the constitution and which principle that usually used by the Court in its practices. The result is based on its 10 years of experiences, The Constitutional Court of Indonesia have gave tremendous contribution for the protection of human rights and the advancement of democracy and nomocracy in Indonesia, especially for the establishment of the principle of equality and  the prohibition of discrimination based on 1945 Constitution and the principle of proportionality.
The Unamendable Articles of the 1945 Constitution Eddyono, Luthfi Widagdo
Constitutional Review Vol 2, No 2 (2016)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (267.319 KB) | DOI: 10.31078/consrev225

Abstract

The amendments of the 1945 Indonesian Constitution between 1999 and 2002 have significantly changed the state system in Indonesia. In such a short period, the Constitution has been amended four times, provokes enormous additional norms and causes the establishment of several new institutions, including the Constitutional Court and Judicial Commission. However, after the amendments to the 1945 Indonesian Constitution on Chapter XVI about Amendments to the Constitution, the framers of the amended Constitution created Article 37 paragraph (5) that stated, the form of the unitary state of the Republic of Indonesia may not be amended. The Preamble is also implicit unamendable. My purpose in this article is to understand the original intent of Article 37 paragraph (5) of the 1945 Indonesian Constitution, the real function of the article and also to describes original intent arguments explaining why the Preamble of the Constitution also unamendable. Before the amendments between 1999 and 2002, there is no article and provision like that, especially in the original 1945 Constitution. At last, I found that two important points that explain why this new provision created. First, the framers still afraid of separatism based on experience in 1950’s when federalism occurred in Indonesia. Second, the procedure to amend the articles of the 1945 Constitution shows that the framers only wants to strengthen the important system of unitary state because there is no differences process to amend articles of the 1945 Constitution.
Independence of the Indonesian Constitutional Court in Norms and Practices Eddyono, Luthfi Widagdo
Constitutional Review Vol 3, No 1 (2017)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (377.826 KB) | DOI: 10.31078/consrev314

Abstract

Article 24 (1) of the 1945 Constitution States after the third amendment, “the judicial power shall be independent in administering justice so as to uphold the law and equality.” The Indonesian Constitutional Court is one of the performers of the independent judicial power who plays a significant role in the enforcement of the constitution and the principle of the state based on the law by its authority and obligations as determined by the 1945 Constitution. This paper intends to study the Indonesian Constitutional Court to find out whether the Constitutional Court in exercising its constitutional authority can be independent. Also, this article will examine not just institutional independence but also judges independence to understand current issues related to the role of ethics and conduct of judges. The independence of the Indonesian Constitutional Court supported by the 1945 Constitution after the amendments from 1999 until 2002, and further stipulated in Law. However, it can be said that this institution has ups and downs of public trust due to corruption cases conducted by constitutional justices. Also, in several political instances showed efforts of political institutions to limit the authority of the Constitutional Court. In its experiences, the Constitutional Court succeeded in convincing the parties through its decisions and strengthening institutional independence against the influence that tried to destabilize its institutions. The Council of Ethics of Constitutional Judges that maintains the values and behavior of judges also continuously works and efficient enough in overseeing the ethics and conduct of judges. The decision of the Ethics Council may also be accepted as a proportional decision.
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