The Transformation of the Role of the Constitutional Court of Indonesia: From Negative Legislature to Positive Legislature in the Context of Judicial Review Authority (A Study of Decision Number 90/Puu-Xxi/2023)

Abstract

Purpose: This research analyzes the shift in the position of the Constitutional Court of Indonesia from the negative legislature to the positive legislature in the context of judicial review authority, particularly based on Decision Number 90/PUU-XXI/2023. Theoretical Framework: This shift becomes the focus of the research because it has substantial implications for the role of the Constitutional Court in the legal system and democratic order of Indonesia. Method: This research employs document analysis and case study methods on Decision Number 90/PUU-XXI/2023 to understand the context, considerations, and implications of the shift in the position of the Constitutional Court. Results: The research findings indicate that the Constitutional Court, in performing its duties as a Negative Legislature, has shifted towards becoming a Positive Legislature, a role traditionally associated with the Executive and Legislative branches. In this study, the researcher delves into whether the change in the role of the Constitutional Court aligns with the constitutional spirit and goals of the Indonesian state, as well as its impact on the legal system and democratic order. The research also explores the implications of this shift on the relationship between the executive, legislative, and judicial powers and how the Constitutional Court maintains a balance between its positive legislative role and the principles of judicial independence. Conclusions: By gaining a profound understanding of the shift in the position of the Constitutional Court towards a positive legislature, this research aims to contribute to formulating policy recommendations for the Constitutional Court and the government. These recommendations are intended to ensure the sustainability of democracy, the rule of law, and the protection of human rights in Indonesia.

The Role of Protocols in Facilitating the Activities of Regional Heads Secretariat at the Central Buton District

“…The protocol department plays a crucial role in supporting the smooth running of the Regent's agenda in Central Buton District. Expectations for the protocol department are that they carry out their duties and responsibilities with dedication, professionalism, and efficiency, while serving as effective liaisons between the Regent, guests, and the community [16]. The norms governing them include integrity, adherence to procedures, respect for hierarchy and protocol, as well as hospitality in serving guests and the community.…”