PERANAN HAKIM SEBAGAI PENGUBAH DAN PEMBAHARU HUKUM

Abstract

Abstract

The amendment to the 1945 Constitution which was carried out during four stages, namely in 1999, 2000, 2001, and 2002, had a profound effect on changes in the composition, position and institutions of Indonesia. Amendments to the 1945 Constitution have given rise to new institutions, for example the Constitutional Court which is one of the judicial powers, in addition to the Supreme Court. The birth of the Constitutional Court was intended as a check and balences against the legislative body. Before the amendment to the 1945 Constitution the legislative product in the form of a law cannot be contested, meaning that if the law is contrary to the 1945 Constitution it cannot be judged by the court. Meanwhile, if there are no institutions that can assess the law, it is difficult to know whether the law is constitutional or unconstitutional. Therefore the existence of the Constitutional Court is very necessary for the roll of law.

Keywords: 1945 Constitution, Judicial Power, Rule of Law, Constitutional Court