EFEKTIVITAS MEKANISME LITIGASI KONSTITUSIONAL DALAM PENYELESAIAN SENGKETA KENEGARAAN DI INDONESIA: ANALISIS TERHADAP PENGUATAN PRINSIP NEGARA HUKUM DAN CHECKS AND BALANCES

Abstract

This study aims to analyze the construction of constitutional litigation mechanisms in resolving state institutional disputes in Indonesia and examine the effectiveness of constitutional adjudication institutions in realizing legal certainty and constitutional stability. This research employs a normative legal method using statutory and conceptual approaches through analysis of the 1945 Constitution of the Republic of Indonesia, related legislation, and constitutional law doctrines. The findings indicate that constitutional litigation mechanisms in Indonesia represent the implementation of the rule of law principle as stipulated in Article 1 paragraph (3) of the 1945 Constitution, which positions law as the primary instrument in limiting and controlling the exercise of state power. The existence of Constitutional Court of Indonesia as a constitutional judiciary institution holds a strategic role as the guardian of constitutional supremacy, the authoritative interpreter of constitutional norms, and the protector of the checks and balances system among state institutions. Furthermore, the effectiveness of the Constitutional Court of Indonesia in resolving disputes over constitutional authority among state institutions significantly contributes to legal certainty, institutional harmony, and constitutional stability.