CONSTITUTIONAL CRISIS: INTENSIFYING DISOBEDIENCE TO THE DECISIONS OF THE INDONESIAN CONSTITUTIONAL COURT
ABSTRACT: A constitutional crisis is a scenario in which the norms stated in the constitution are present in the text but absent in context (constitution with semantic value), indicating an amputation of the impartiality of the Constitutional Court and disobedience to its decisions. Functionally, the Constitutional Court has the highest authority in maintaining the dignity of the constitution and guarding its values, to which all elements of the nation are accountable. In Indonesia, the constitutional crisis can be understood from three important events. First, the House of Representatives signed a waiver for Article 22 of the 1945 Constitution, approving a Government Regulation in Lieu of the Job Creation Law stipulated by the President. Second, the Court’s impartiality principle was violated via dismissal of the Constitutional Judge, Aswanto. Third, the legislative and executive as well as the judiciary, in this case, the Supreme Court, disobeyed the Constitutional Court’s decisions. These three events intensify the constitutional crisis.
| Main Authors: | , , , |
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| Format: | Digital revista |
| Language: | English |
| Published: |
Pontificia Universidad Católica de Chile. Facultad de Derecho
2023
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| Online Access: | http://www.scielo.cl/scielo.php?script=sci_arttext&pid=S0718-34372023000200006 |
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