The Effectiveness of the Constitutional Court in Maintaining the Constitutionality of the State Based on the 1945 Constitution

Abstract

This research aims to make the guardians of the Constitution, namely the Constitutional Court, more effective so that their independence and integrity can be well maintained in maintaining the 1945 Constitution. This research uses the Normative Juridical method, using the Indonesian people as respondents who have been greatly affected by the Constitutional Court's decision in various correlations with the political situation in the country. The research uses document analysis and case studies, legal arguments and constitutional references, and the behaviour of judges in deciding cases. The key finding reveals the urgent need to improve transparency and accountability in the recruitment process of Constitutional Court judges, as political interventions have significantly affected judicial credibility. Additionally, the study highlights how ethical violations and controversial rulings, such as those involving electoral regulations, undermine public trust in the judiciary. The implications point to a pressing need for institutional reforms that strengthen judicial independence, enforce strict ethical oversight, and promote public participation in safeguarding the Court’s integrity as the guardian of the Constitution. The conclusion of this study is to maintain the effectiveness of the constitutional court in defending the constitutionality of the state based on the 1945 Constitution. Increasing the Judges' independence, integrity, and authority in the Constitutional Court is necessary. The contribution of this research to the existence of the Constitutional Court can maintain the constitutionality of the state based on the 1945 Constitution. Indonesia's entire nation and state have high hopes for the Constitutional Court as the guardian of the 1945 Constitution, so that its decisions must reflect independence, moral integrity, and responsibility based on loyalty to the homeland.