Media Hukum Indonesia (MHI)
Vol 3, No 3 (2025): September

Budaya Malu dan Penegakan Konstitusi Indonesia: Telaah Kritis atas Peran Mahkamah Konstitusi sebagai Pelindung Konstitusi

Mahardika, Agus (Unknown)
Wisnu, Bagas (Unknown)
Arthaleza, Fergie Brillian (Unknown)
Viano, Nurloise (Unknown)
Abdallah, Raffi Ikzaaz (Unknown)
Hendarwin, Rasendriya (Unknown)
Ramadhan, Raihan (Unknown)
Hagina, Rizki (Unknown)
Febrian, Matthew (Unknown)



Article Info

Publish Date
13 Jun 2025

Abstract

This study examines the shame culture phenomenon in the context of constitutional enforcement in Indonesia, particularly through a critical lens on the Constitutional Court Decision Number 90/PUU-XXI/2023. The research investigates the transformation of the Constitutional Court's role from merely a negative legislator to a positive legislator, along with its ethical and constitutional implications. The research method used is normative juridical with conceptual and case approaches. The results indicate the subordination of shame culture to political interests in Constitutional Court decision-making, which potentially degrades the values of constitutionalism and judicial ethics. This study concludes that strengthening shame culture within constitutional judicial institutions is an urgent need to re-establish the constitution's dignity as an instrument for limiting power and preventing authoritarianism. Research recommendations include reforming the selection mechanism for constitutional judges, strengthening judicial codes of ethics, and increasing public participation in constitutional judicial oversight.

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Journal Info

Abbrev

MHI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, ...