Authority of Constitution Court of the Republic of Indonesia based on Amendment of Constitution and the Development Thereof

Abstract

Indonesian Constitution that prevails up to the present is 1945 Constitution or it can also be said as “1959 Decree Constitution”. This is the constitution that sustains amendment in the year 1999-2002 because of the demand of reformation. The amendment of the Constitution has produced several new institutions, inter alia Mahkamah Konstitusi1 (Constitution Court). This presents new authority in institutions of Indonesia. MK (Contribution Court) has produced a lot of judgments especially that relates to the testingof law, disputes of authority of state institutions and dispute of general election result. Whilst the case on dissolutionof political party and dismissal of president has never occurred. the position of the judgment of MK (Contribution Court) that is called as verdict does include a state decision that contains legal norm, even it can be said that the legal norm that emerges resulting from the judgment of MK (Contribution Court) constitutes legal norm that possesses a constitutional standard which is higher than any law that is not yet tested in MK (Contribution Court). MK (Contribution Court) judgments that get wide attention, be like inter alia ultra petita principle, conditionally unconstitutionally, the role of positive legislative, obrogation of law that is given a deadline/time limit and the franchise of the participants of general elections of district heads. The research method chosen by the author in the form of explanatory legal study is an explanatory legal. With this explanatory legal research method will be used in examining the Authority Of Constitution Court of The Republic