Judicial Review of the 1945 Constitution of the Republic of Indonesia against Pancasila

Abstract

Indonesia is a state of law that strongly holds the rule of law as a place to regulate all forms of running the constitutional system in Indonesia, in the theory put forward by Adolf Merkl which was systematically elaborated by Hans Klesen and refined by Hans Nawiasky states that norms in each country must be tiered, the highest norms being the source and norms of criticism for the norms below them. The practice in Indonesia so far is that regulations whose hierarchy is under the Law (autonome satzung) are tested to the Law (fomale gesetz), while the Law itself is tested to the Basic Law (staatgrund gesetz), but never at all the Basic Law is tested to Pancasila as a fundamental state norm (staatsfundamentalnorm). So that in this study will be sought the answer to how to test the constitution against Pancasila as a fundamental state norm in Indonesia and what institutions are authorized to carry out such testing. To find answers to problems in this study, researchers use two kinds of approaches, namely the statutory approach (Statue Approach) and the Conceptual Approach (Conceptual Approach). Researchers also use the research method used is normative juridical. The results showed that the constitutional examination of Pancasila can be carried out, and the institution authorized to do so is the People's Consultative Assembly with a legislative review mechanism.