Abstract

This idea is a reflection of the aspiration of the lndonesian people to build up a democratic and justice society. The problem is where is the position of this institution in our state structure? The author express the alternative outlook that place "Pengadilan Tata Negara" (as the translation of Constitutional Court) under the Supreme Court and paralel with the four courts sub-system; not separate from the Supreme Court which is used the term "Mahkamah Konstitusi" as the other translation of the word Constitutional Court. To make this idea come true, the House of People's Representative (DPR) must use their right to amendment the Law No. 14/1970, especially the article on the structure of Indonesian court.

Highlights

  • The aspiration of the Indonesian people to build up a state which is democratic and desires to exercise social justice and humanitarianism as stated in the Elucidation of the articles 28 clause (1),29, and 34 of the 1945

  • The proposed Constitutional Court must be named Pengadilan Tata Negara, and it will serve as the "fifth pillar" of the Ind..onesian courts, apart from the General Court (Perad.ilan Umum), the Military Court (Peradilan Militer), the Religious Court (PeradilanAgama) and the Administrative Court

  • The aspiration of the Indonesian people to build up a state which is democratic and desires to exercise social justice and humanitarianism as stated in the Elucidation of the articles 28 clause (I), 29, and 34 of the 1945 Constitution is getting stronger today

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Summary

Satya Arinanto

This idea is a reflection of the aspiration of the lndonesinn people to build up a democratic andjustice society. The author express the alternative outlook that plnce "Pengadilnn Tata Negara" (as the translntion of Constitutional Court) under the Supreme Court and paralel with the four courts sub-system; not separate from the Supreme Court which is used the term "Mahkamah Konstitusi" as the other translntion ofthe word Constitutional Court. To make this idea come true, the House of People's Representative (DPR) must use their right to amendment the Law No 1411970, especinlly the article on the structure oflndonesinn court.

Introduction
Hukum dan Pembangunan
Judicial Review
Peradi Lan Mil iter
Usaha Negare
Conclusion
Full Text
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