Legal Literacy - How do we measure the independence of a judicial institution? This question becomes increasingly crucial when the institution is the Constitutional Court (MK), an institution born from the womb of reform to be the last bastion of democracy and the constitution. Its role as an adjudicator in high-level political disputes places it in a position vulnerable to intervention from the executive and legislative branches.
In the last decade, especially under the administration of President Joko Widodo (Jokowi), the question of the MK's independence has resurfaced sharply. This era is marked by a pattern of legislative politics that many consider to be increasingly ignoring the principles of the rule of law. So, in the midst of the rapid flow of problematic legislation, how does the MK carry out its role as supervisor? Does the Court still stand firm as a pillar supporting democracy, or has its independence been eroded by political pressure?
This article, referring to the in-depth quantitative and qualitative analysis of Yance Arizona, will critically dissect the political character of legislation in the Jokowi era, highlighting the internal and external conditions surrounding the MK, and sharply evaluating how the characteristics of the MK's decisions in testing legal products from this era. The result is a worrying portrait of the MK's effectiveness in carrying…
Independence on a Knife's Edge: A Critical Analysis of the Constitutional Court in the Era of Abusive Legislation
Legal Literacy - How do we measure the independence of a judicial institution? This question becomes increasingly crucial when the institution is the Constitutional Court (MK), an institution that...
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