Prospects of the Constitutional State of Indonesia: Ideas and Reality

• Main Author: Hamdan Zoelva
• Format: Article
• Language: English
• Published: Hasanuddin University 2015-08-01
• Series: Hasanuddin Law Review
• Subjects: Constitution; Constitutional State; Rechtsstaat; Rule of Law
• Online Access: http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/78/52
• ISSN: 2442-9880; 2442-9899

Indonesia since its inception has asserted itself as a constitutional state. It may be inferred through the clear regulation related to powers and functions of each state institution in the form of checks and balances system, the protection of human rights, the clarity of the principles of democratic mechanism, as well as the guarantee of an independent judiciary. Although the constitution has been set in such a way, efforts to achieve a constitutional state is not an easy road. Nowadays, it seems that the trip of the Indonesian as a constitutional state was still hobbled. A variety of legal issues that disturb the sense of justice continues to emerge one after another. The outcomes of the research indicate that over the last decade, Indonesia has made many changes to realize the ideal of a constitutional state. As it turns out in practice, however, legal development was still far short from the expectations. The success of building a constitutional state can not be measured by the ability to produce legislation and to create or revitalize legal institutions. Moreover, the success of a constitutional state must also be measured by the implementation and law enforcement which able to create justice for all people. Therefore, the main focus of various studies of law and legal policy, must be oriented in the judicial institutions and law enforcement.