CONSTITUTIONAL CRISIS: INTENSIFYING DISOBEDIENCE TO THE DECISIONS OF THE INDONESIAN CONSTITUTIONAL COURT

被引:0
作者
Nggilu, Novendri M. [1 ]
Ismail, Dian Ekawaty [1 ]
Sulistyowati, Tri [2 ]
Moha, Mohamad Rivaldi [1 ]
机构
[1] Univ Negeri Gorontalo, Fac Law, Jl Jend Sudirman 6, Gorontalo City 96128, Gorontalo Provi, Indonesia
[2] Univ Trisakti, Fac Law, Jl Kyai Tapa 1, Jakarta 28293, Jakarta Provinc, Indonesia
关键词
Constitution; Constitutional Crisis; Constitutional Court; Constitutional Disobedience;
D O I
10.7764/R.502.5
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
A constitutional crisis is a scenario in which the norms stated in the constitu-tion are present in the text but absent in context (constitution with semantic value), indica-ting an amputation of the impartiality of the Constitutional Court and disobedience to its decisions. Functionally, the Constitutional Court has the highest authority in maintaining the dignity of the constitution and guarding its values, to which all elements of the nation are accountable. In Indonesia, the constitutional crisis can be understood from three impor-tant events. First, the House of Representatives signed a waiver for Article 22 of the 1945 Constitution, approving a Government Regulation in Lieu of the Job Creation Law stipu-lated by the President. Second, the Court's impartiality principle was violated via dismissal of the Constitutional Judge, Aswanto. Third, the legislative and executive as well as the judi-ciary, in this case, the Supreme Court, disobeyed the Constitutional Court's decisions. These three events intensify the constitutional crisis.
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页码:115 / 132
页数:18
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