PERAN MAHKAMAH KONSTITUSI DALAM MENJAGA KESEIMBANGAN KEKUASAAN NEGARA BERDASARKAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

Authors

  • Elda Widya STIESNU Bengkulu
  • Yopa Puspita
  • Ungki Supianto

Keywords:

Constitutional Court, Balance of Powers, 1945 Constitution, rule of law

Abstract

The balance of power is a fundamental principle in the rule of law system to prevent abuse of power and authoritarianism. In the Indonesian constitutional system after the amendment to the 1945 Constitution, this principle is implemented through the division of power between the legislative, executive, and judicial institutions. The Constitutional Court (MK), as one of the judicial institutions, plays a central role in maintaining this harmony and balance through the authority mandated by the constitution. This study aims to analyze the role of the Constitutional Court (MK) in maintaining the balance of power, the obstacles faced, and efforts to strengthen this role in Indonesian constitutional practice. This study uses a normative legal research method with a statutory and conceptual approach. The results show that the Constitutional Court (MK) has a strategic role through its four main authorities, but in its implementation it still faces obstacles such as disparate views between institutions and limited enforcement of decisions. This study concludes that strengthening the role of the Constitutional Court (MK) requires awareness of all state institutions to respect the principle of constitutional supremacy.

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Published

2026-06-30