Keberadaan Mahkamah Konstitusi Dalam Struktur Kelembagaan Negara di Indonesia

Abstract

Indonesia is a Rule of Law as mandated by Article 1 Para·graph (3) The Constitution of Indonesia 1945. One type of Rule of The Law is the limitation of power. Limitation of power is synonymous with the division of powers theory and the separation of powers. Post Amendment of the Indonesia Constitution 1945, Indonesia embraced the theory of separation of powers and the check and balances principal. Look Montesquieu thought, state power is basically divided into three powers, namely the Executive, Legislative and Judicial, although for the currently state, the separation qf the three powers is considered irrelevant. After amendment the Indonesia Constitution of 1945, appeared several new state institution in Indonesia. In the judicial power, emerged as one of the holders of judicial authority other than the Supreme Court, Constitutional Court. The existence of the Constitutional Court is expected to be the guardian of the constitution as the supreme law of the country. The Constitutional Court has a mandate that is heavy, so that the agency should be able to be independent and impartial institution' to uphold the sovereignty of the people guaranteed by the Constitution. Besides the existence of the Constitutional Court must be strengthened both in terms of institutional and personal, so that trust to the Constitutional Court will be bac