KEKUASAAN KEHAKIMAN YANG MERDEKA DAN BERTANGGUNG JAWAB DI MAHKAMAH KONSTITUSI: Upaya Menemukan Keseimbangan

Abstract

Basically, the decision of Constitutional Court is purposed to guard the constitution in order be exercised responsibly according to the people aspiration and democratic idealism. It means that the principle of democratic and constitutional state requires the constitutional state should be exercised on the base of democracy principle that enable deliberation and public participation in legal decision making. The existence of Constitutional Court itself as an authorized institution to handle the governmental case, reflect the principle of constitutional state. Therefore, the intention of its existence to guard the implementation of constitution in line with the public aspiration and democratic idealism should be considered as the dimension of people sovereignty that affirm the democratic constitutional state principle.