CHALLENGES AND DYNAMICS OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA IN THE POST-REFORM ERA

Abstract

The Constitutional Court, as a product of reform in Indonesia, plays an important role in maintaining the state agreement outlined in the 1945 Constitution. This constitution is not just a rule, but also reflects the spirit and purpose of the state, limiting the power of the government to prevent abuse of authority. With the constitution functioning as the main guideline in resolving state issues, it is important for every dynamic and challenge in the practice of state administration to refer back to the constitution as a source of legitimacy and limitation of power. This study uses an empirical legal method with a qualitative descriptive approach to analyze the development of state institutions in the context of a "democratic state based on law." This approach also includes an analysis of causality between branches of state power and the relationship between lower legal rules and the 1945 Constitution of the Republic of Indonesia. The main data sources include observations and documentation in the jurisdiction of DKI Jakarta, while secondary data are obtained from literature studies such as books, journals, and newspapers. This study aims to provide an in-depth understanding of the dynamics of state institutions within the framework of the constitution and law. In this modern era, there are often clashes between the principles of the sovereignty of law and the sovereignty of the people, each of which reflects theories and teachings that have developed since the time of Ancient Greece. In this context, understanding the constitution becomes crucial as an instrument to straighten out legal interpretations and address social changes and the emergence of new state institutions. Constitutional studies not only complement legal understanding but also lead to the enforcement of the principles of a democratic constitutional state, which unites the sovereignty of the people and the sovereignty of law in an ideal state framework.