Abstract
In the process of impeachment, Constitutional Court has the obligation to give its judgement to House of Representatives’s opinion regarding allegation of violation by the President and/or Vice President. Constitutional Court checks and judges House of Representatives’s opinion on whether or not the President and/or Vice President works fulfill Article 7A of Constitution of Republic Indonesia 1945 (UUD NRI 1945). The inspection done by Constitutional Court is the judicial process whose decision is in the form of justisil. The result of this impeachment process heavily depends on the judgement of People's Consultative Assembly in its plenary meeting which is also a politics forum, where President and/or Vice President could be dismissed or not. Constitutional Court’s judgement does not apply to People's Consultative Assembly, hence, the difference of Constitutional Court and People's Consultative Assembly’s judgement in plenary meeting that is very political by its nature is very likely to happen. Involvement of Constitutional Court in the procss of impeachment is, of course, different in each country. It depends on governance system in that particular country, it also relies on how much authority that is given by Constitution to Constitutional Court in the process of impeachment itself.Keyword: Authority, Constitutional Court, Impeachment.
Highlights
IntroductionThe idea of a constitutional state was built by legal development as a system that functional and equitable, developed by arranging superstructure and infrastructure of political institutional, economic and social orderly and organi-
It depends on governance system in that particular country, it relies on how much authority that is given by Constitution to Constitutional Court in the process of impeachment itself
The political process of filing an House of Representatives’s opinion to prove whether the President and/or Vice President have violated the law or not by the Constitutional Court is the process of impeachment, while the concept of impeachment is an act of judgment to dismiss the President and/or Vice President of the violation that has been done.[10]
Summary
The idea of a constitutional state was built by legal development as a system that functional and equitable, developed by arranging superstructure and infrastructure of political institutional, economic and social orderly and organi-. The Constitution is a form of agreement of all the people (general agreement) associated with building an idealized state. Constitution applies as the supreme law because it is the highest form of social contract of all sovereign people in a country. Changing the constitution is a change in the social contract in accordance with the development and the experience of that society.[2] Constitution 1945 (UUD 1945) changes an essential prerequisite for building the constitutional system and more democratic political system that puts forward the sovereignty of the people, balances (checks and balances) between branches of power and guarantee of human rights. UUD 1945 change is one of the important and fundamental step to oversee the reform and to deliver the Indonesian nation towards consolidated democracy.[3]
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