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All Journal JUSTICES: Journal of Law
Diantika Chayani
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Religion Law, Crime, Criminology & Criminal Justice

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The Role Of The Constitutional Court In Realizing A Democratic Law State Through State Administration In Indonesia Diantika Chayani; Arif Wibowo
JUSTICES: Journal of Law Vol. 2 No. 3 (2023): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v2i3.47

Abstract

The Constitutional Court was formed to guarantee the constitution as the highest law so that it can be upheld. The position of the Constitutional Court in the Indonesian constitutional system is as a state institution that carries out a judicial function in the competence of the object of constitutional cases. The existence of the Constitutional Court as guardian of the existing constitution in Indonesia is to strengthen the foundations of constitutionalism in the 1945 constitution with the aim of upholding law and justice. The main authority of the Constitutional Court is to review laws against the 1945 Constitution which is commonly known as judicial review. Another authority of the Constitutional Court, as an effort to structuring the relationship between state institutions and democratic institutions based on the principle of the rule of law. The Constitutional Court is also the interpreter of the constitution which is final and has a function as guardian of the constitution. So the decisions of the Constitutional Court as one of the higher institutions in Indonesia must consider democratic values and the constitutional rights of citizens or human rights (HAM) with the aim of upholding a fair law for all people.
Existence of State Administrative Court in Resolving Disputes Diantika Chayani
JUSTICES: Journal of Law Vol. 2 No. 2 (2023): Progressive and Critical Law Review
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58355/justices.v2i2.50

Abstract

In Indonesia, PTUN is part of the judiciary which is organizationally under the Supreme Court and does not stand alone as in countries which base their legal system on codified civil law in general, because it is under the Supreme Court, hence judicial technical development. The State Administrative Court is an institution that has an important role in protecting the rights of people who are harmed by the enactment of a State Administrative Decree (KTUN) made by government officials. In addition, the PTUN's authority in assessing the actions of government officials can be used as a control or supervision of government officials. Law No. 5 of 1986 concerning State Administrative Radiation in Article 47 it is emphasized that the State Administrative Court has the duty and authority to examine, decide and resolve State Administrative disputes (PTUN).
Co-Authors Arif Wibowo