The Role of the Constitutional Court in Maintaining the Balance Between Executive and Legislative Powers

Abstract

The Constitutional Court (MK) has a central role in maintaining the balance between executive and legislative powers in the Indonesian constitutional system. This study aims to analyze how the Constitutional Court carries out its function in upholding the principle of checks and balances, and to identify the challenges it faces. The method used is a normative legal approach with an analysis of the Constitutional Court's decisions, relevant laws and regulations, and interviews with constitutional law experts. The results of the study show that the Constitutional Court plays a role in interpreting and testing laws to ensure compliance with the 1945 Constitution. Several Constitutional Court decisions have annulled or corrected laws that are considered to strengthen the dominance of one branch of power, such as in the case of the Job Creation Law and the MD3 Law. However, the implementation of the Constitutional Court's decisions still faces obstacles, including politicization in the selection of judges, non-compliance by the executive and legislative branches, and the lack of mechanisms for enforcing decisions. Compared to other countries, the Indonesian Constitutional Court has challenges in ensuring the effectiveness of its decisions and independence. As a recommendation, reform is needed in the selection of judges, strengthening the mechanism for compliance with the Constitutional Court's decisions, and increasing transparency and institutional accountability. With constitutional steps in Indonesia.