Alamsyah, Andi Muhammad Irvan
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AN ANALYTICAL STUDY ON THE INTERVENTION OF THE LEGISLATURE TO THE CONSTITUTIONAL COURT IN INDONESIA COMPARED TO DEVELOPED COUNTRIES Agus, Mochammad Arief; Alamsyah, Andi Muhammad Irvan
Indonesia Law Review Vol. 12, No. 3
Publisher : UI Scholars Hub

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Abstract

Practical improvements in the national institution context brought numerous changes regarding interactions between The Constitutional Court & The legislature including contemporary polemics. The check and balances framework is important to be noticed related to the Judge’s Independence. Aswanto’s recall as one of the Judges of the Indonesian Constitutional Court encourages us to elaborate more about the essence of independence. At the same time, checks and balances should stand out. What is the legal standing of any actions taken by the parliament to the constitutional court? How do developed countries practice the relationship between the legislature and the judiciary? The answer should be clearly explained in front of the public. To answer those questions, comparative studies were also conducted on particular advanced developed countries concerning any relationship or interventions of the legislature to the Constitutional Court or any other highest level of judicial power. The existing method is normative-juridical, a research conducted by examining various formal legal rules, using secondary data obtained through document studies or literature studies and sharpen with comparative approaches. Nevertheless, the final conclusion shows that several forms of legislative interventions are legal in Indonesia. In the context of the relationship between the legislature and the constitutional courts, the independency of Constitutional Court Justices is strictly protected among developed countries in various aspects. Those aspects are concluded as important factors that represent the image of the relationship between the house and the constitutional court. It will enhance our perspective to overview similar constraints in the future