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The Influence of Authoritarian Political Configuration in The Presidential Government System on Constitutional Court Decisions Salamony, Jetter Wilson; Santiago, Faisal
Jurnal Greenation Sosial dan Politik Vol. 3 No. 2 (2025): Jurnal Greenation Sosial dan Politik (Mei - Juli 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i2.359

Abstract

The authority of the Constitutional Court, which should ideally result in independent decisions free from external influence, has proven to be very difficult to achieve. This is because the decisions of the Constitutional Court are also influenced by political interests. This situation places society, as seekers of justice, in a challenging position when dealing with disputes in the Constitutional Court, as it is not easy to confront the political interests of those in power. The legitimacy of political power formed through group dynamics creates an authoritarian political configuration, which not only impacts the democratic life of a nation but also undermines the enforcement of law. In terms of state governance, Indonesia explicitly acknowledges a democratic political configuration as enshrined in its Constitution, which firmly recognizes Indonesia as a democracy based on Pancasila. Changes in the practice of democratic politics have significantly affected various legal aspects in Indonesia, including legal politics, legal products, and even the decisions of the Constitutional Court (MK), which holds the authority to adjudicate and decide cases related to judicial review. Ultimately, the Constitutional Court has also become part of state institutions affected by the shift from democratic political practices to authoritarian political configurations. This research is conducted normatively using primary data derived from Constitutional Court Decisions Number 90/PUU-XXI/2023, 60/PUU-XXII/2024, and 70/PUU-XXII/2024, focusing on the outcomes of decisions influenced by political interest tendencies. The research data is also supplemented by other sources obtained through legal literature and information from various media. The results of the research conducted found that: The position of the Constitutional Court as a state institution within a presidential system is not one that operates independently, despite being part of the judiciary. The system of separation of powers allows for the Constitutional Court to be influenced by both executive and legislative powers. In an authoritarian political configuration, the creation of large coalitions in the legislative and executive branches automatically leads to dominance that directly affects the decisions of the Constitutional Court. This is due to the composition of judges on the Constitutional Court, which consists of three judges nominated by the President, three by the DPR (House of Representatives), and three by the Supreme Court.
The Position of Civil Servant Investigators in the Disclosure of Money Laundering Crimes after the Constitutional Court's Decision Number 15/PUU-XIX/2021 Salamony, Jetter Wilson
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 3 No. 12 (2024): Edunity: Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v3i12.341

Abstract

The role of Civil Servant Investigators (PPNS) in Indonesia has evolved, particularly following the Constitutional Court Decision Number 15/PUU-XIX/2021, which expanded their authority in money laundering investigations. This study aims to analyze the impact of this decision on the position and authority of PPNS within the integrated criminal justice system. Using a normative legal approach, the research employs primary data from the Constitutional Court s ruling and secondary data from legal literature and relevant media sources. The findings indicate that the Constitutional Court s decision not only enhances the investigative powers of PPNS but also aligns them with other law enforcement agencies, such as the National Police and the Corruption Eradication Commission. Despite this expansion, the study highlights ongoing challenges, particularly the dependency of PPNS on police investigators during the prosecution process. The relationship between PPNS and other law enforcement officials is crucial for effective law enforcement and the prevention of money laundering crimes. The study concludes that the broadened authority of PPNS should be viewed as a collaborative effort rather than competition, emphasizing the importance of coordination among agencies to strengthen law enforcement efforts in Indonesia.