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Mutiasi, Novia
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Paradox of the Sovereignty of the Constitutional Court in the Context of Protecting Democracy and the Constitution in Indonesia Mutiasi, Novia; Kristanto, Budi
Al-'Adl Vol 18, No 1 (2025): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v18i1.8475

Abstract

The Constitutional Court is a state institution that was born after the Constitutional Court reform in 1999. Through amendments to the 1945 Constitution, the Constitutional Court is authorized to test laws (statutes) against the Constitution. In addition, there are other powers to protect human rights relating to the constitutional rights of citizens. As a state institution that has the authority, among others, of the Constitutional Court, as the highest interpreter of the constitution in addition to realizing democratic government, the Constitutional Court acts as a guardian of democracy, protection of citizens' constitutional rights and protection of human rights, this research uses a mapping tool in the form of a VOSViewer application that can present and present specific information about the research conducted.
The Paradox of the Sovereignty of the Constitutional Court in the Context of Protecting Democracy and the Constitution in Indonesia Mutiasi, Novia; Kristanto, Budi
Al-'Adl Vol. 18 No. 1 (2025): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v18i1.8475

Abstract

This research aims to examine the position and authority of constitutional institutions in maintaining democratic stability and constitutional supremacy in Indonesia, especially in the context of the potential paradox of sovereignty that can arise from the role of law testing. In particular, the study highlights how the judiciary functions as a guardian of constitutional values, but at the same time risks exceeding the limits of authority that could disrupt the principle of checks and balances and government stability. This study uses normative legal methods with a doctrinal approach combined with bibliometric analysis through the VOSViewer application to map the trends of literature and related legal references. The results of the study show that the institution plays a crucial role in correcting policies that are not in line with the 1945 Constitution. However, its final and binding authority has the potential to create tensions with the executive and legislative institutions and create far-reaching legal uncertainty. Therefore, it is necessary to strengthen supervisory mechanisms, increase transparency, and develop cross-institutional constitutional dialogue to ensure the balance of power in a democratic constitutional system.
Co-Authors Budi Kristanto