As thinker who lived in renaissance atmosphere Machiavelly had put his empirical per spective into the end ofstate concept. In his book Prince he tended to focus on how to perpetuate power for thesubstance ofa state of a kingdom was throne of a king. Today, eventhough military power has been used to strengthen a state, the idea of dictatorship would have been going to fade up. At this point, the end ofstate should be based upon political ethicsand moral from this day forward. PendahuluanPada" dasarnya pemikiran Nicolo Machiavelli dalam bukunya II Principi mengandung gagasan kekuasaan, meskipun tidak terlalu lugas dalam menyatakan pentingnya gagasan konsep kekuasaan diretrospeksi. Bagi Machiavelli, berpikir terlalu teoritis tidaklah menarik. Pengalaman empirik kekuasaan di beberapa negara lebih menarik dalam pandangannya, sebagai seorang realis dan pikirannya berada pada atmosfir renais sance.Walaupun gagasan Machiavelli tentang kekuasaan tidakberangkatdari konseptertentu yang bersifat teoritis, tidak ada salahnya jika tanggapan terhadap pemikirannya dimulai dari menggagas konsep kekuasaan. Hal ini merupakan persoalan penting dalam wacana negara.Apabila berbicara tentang kekuasaan, maka tidak dapat diiepaskan dari dimensi politik. Ketika berbicara kekuasaan dalam perspektif ilmu politik, maka akan ditemukan dua kubu. Kubu pertama menganggap bahwa kekuasaan sebagai masalah esensial dalam ilmu politik. Hal ini didasari oleh asumsi bahwa ada masalah yang lebih penting dan merupakan inti dari segala persoalan politik, yaitu negara. Kubu kedua" mempunyai argumentasi bahwa kekuasaan adalah persoalan yang sangat substantif, esensial, bahkan merupakan hakikat ilmu politik. Negara hanya lembaga bagi kekuasaan.'
The problem formulations of this research are: first, how is the structure of state institutions in Indonesian constitutional system according to the 1945 Constitution of Indonesian Republic? Second, what are the issues in dealing with the conflicts related to state institutions' authority in Constitutional Court of Indonesian Republic? This research is aimed at: first, analyzing the structure of state institutions in Indonesian constitutional system according to the 1945 Constitution of Indonesian Republic. Second, analyzing and identifying the issues in dealing with any conflicts related to state institutions' authority in Constitutional Court of Indonesian Republic. This research was a normative legal research. The data analysis was done by using descriptive-qualitative approach. The findings show that: first, the structure of state institutions in Indonesian constitutional system after the amendment of the 1945 Constitution of Indonesian Republic has equal positions since the position of MPR (People's Consultative Assembly) as the highest state institution has been abolished. After the amendment of the 1945 Constitution, Indonesian constitutional system no longer upholds the teaching of distribution of power, but separation of power. Second, the issues in dealing with the conflicts related to state institutions' authority in Constitutional Court are the fact that there are differences in each decisions in SKLN, i.e. Decision No.
One of the reasons to involve the House of Representatives to take the position of Chief Justice and Constitutional Judges after the amendment to the 1945 Constitution is the phenomenon of the House's empowerment in the Indonesian constitutional system during the transition to democracy through the amendment. Such involvement can potentially cause problems, for example, the decisive authority of the House of Representatives in selecting the Chief Justice and constitutional judges, leading to politicization problem. This research formulates the following issues, first, the reasons for involving the House of Representatives in filling in the position of Chief Justice and Constitutional Judges. Second, whether the involvement is in accordance with the principle of separation of power as well as check and balance. This study is normative research with secondary data sources derived from legal materials, with conceptual, case, and statutory approaches. The results show that first, the involvement of the House of Representatives for Chief Justice and Constitutional Judges positions is part of the process of democracy beginning after the New Order transition period. Second, The involvement is also a deviation from the principle of separation of power, and such practice does not even reflect the principle of check and balance because the House of Representatives dominates all the selection processes.
Asits characteristics oflegal nation (the rule oflaw), human rights protection for societies is obligatory fora nation. Government as the holder ofpolitical authority on the basis of legalagreementand legitimacy canenforce an intervention, in theform of: firstly: keeping afunctional relation be^een nation and its citizens; secondly, actively involving in avoiding socialconflict vertically orhorizontally. Institutionalizing thehuman rights protection towards the state policy is intended to widen its essential values and meaning of which it is a fundamental human right.
The Constitutional Court was not born only to maintain and uphold the Constitution, the Constitutional Court will continue to defend democracy was thus born. Because of the elections is now entered the realm of the general election regime, constitutionally, the authority of the Constitutional Court to resolve election disputes are the results in the paragraph of article 24C sub section (1) the 1945 Constitution of the State of the Republic of Indonesia. Only then the legitimacy of the formal authority of the Constitutional Court explicitly mentioned in the general election dispute referred to in article 236C of the law number 12 year 2008, concerning the amandment of law number 32 of 2004. In the settlement of the election dispute General, the Court not is based only on the results of the calculation of quantitative of the number of votes have been counted, but the Court made a breakthrough that the calculations which, if it is that there is a difference in the calculation of the noise exposure of the door to manipulation that is structural systematic and massive, then the role of democratization and the Court to defend the constitutionality of the general election that is an essential step to bring into the substantive justice
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