Rudy, Rudy (2022) Land Law and Disputes in Asia : Securing adat land rights in Indonesia. In: Land Law and Disputes in Asia : Securing adat land rights in Indonesia. Routledge, Park Square, Milton Park, Abingdon, Oxon, pp. 166-181. ISBN 978-1-003-17060-0

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Abstract

Indonesia’s transformation to constitutionalism and democratic change is a critical phase in Indonesia’s life as a nation. One transformation was the signifi- cant amendment of the Indonesia 1945 Constitution, beginning from the first amendment in 1999 to the fourth amendment in 2002. The amendment marked Indonesia’s transition to constitutionalism and democratic society. Indonesia’s transition to constitutional democracy is the effect of constitutionalism waves in the world (Carothers 1998). The rise of constitutional democracy has been a world phenomenon followed by the new emergence and expanding role of constitutional courts in many countries as part of the institutionalization of each constitutional structure (Ginsburg 2003). In Indonesia, together with many other jurisdictions belong- ing to the civil law traditions, this constitutional democracy has taken the pat- tern of creating the constitutional court through the series of constitutional amendment process. The result is the new provision of the Judicial Power constructed in articles 24–25 of the 1945 Constitution of the Republic of Indonesia. The judicial authority provided in Article 24 paragraph (2) confirms that judicial power vested in both the Supreme Court (hereinafter stated as “MA”) and Constitutional Court (hereinafter stated as “MK”). With this constitutional arrangement, MK has an equal position with the MA, while both are defined as the judicial power holders who have different authorities. The construction of the MK has a purpose in strengthening the people’s constitutional protection as the guardian of the Constitution. Such a construction of the MK seems to be a natural phenomenon given the fact that the role of the Constitutional Court has long been associated with the two dimensions of the Constitution, namely, procedural and substantive objectives (Tate 1995). For example, Mauro Cappelletti (1970) explained the constitutional court’s role as a method for validating the Constitution’s posi- tive values.

Item Type:	Book Section
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum (FH) > Prodi Ilmu Hukum
Depositing User:	RUDY
Date Deposited:	10 Mar 2022 08:59
Last Modified:	10 Mar 2022 08:59
URI:	http://repository.lppm.unila.ac.id/id/eprint/40082

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