EXPANSION OF THE CONSTITUTIONAL COURT'S AUTHORITY IN THE CONTEXT OF THE ESTABLISHMENT OF STATE ADMINISTRATIVE COURTS IN INDONESIA

Abstract

The Constitutional Court (MK), as a state institution established after the amendment to the 1945 Constitution of the Republic of Indonesia, plays a fundamental role in upholding the constitution and the principle of the rule of law. In state practice, political and legal dynamics in Indonesia have created a need to expand the authority of the MK, particularly in resolving state disputes that have not been accommodated in the five main authorities as stipulated in Article 24C of the 1945 Constitution. The expansion of the MK's authority towards the formation of a constitutional jurisdiction or state court is seen as an evolutionary step to strengthen the supremacy of the constitution and guarantee the principle of checks and balances between branches of state power. This article aims to normatively and conceptually analyze the urgency of expanding the MK's authority, by examining practices in several countries such as Germany, South Korea, and Austria, and assessing its implications for the Indonesian state system. The results of the study indicate that the establishment of a state court as an expansion of the MK's authority is an urgent constitutional need to close the legal vacuum in resolving disputes between state institutions, while simultaneously emphasizing the MK's position as a guardian of the constitution and the court of constitutionality .