Analisis Perbandingan Sistem Peradilan di Indonesia Sebelum dan Sesudah Amandemen UUD 1945

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The Indonesian legal system has undergone significant transformations since the enactment of the 1945 Constitution. The amendments to the Constitution, particularly those implemented in the late 1990s and early 2000s, have profoundly impacted the structure and functioning of the judicial system. This article delves into a comparative analysis of the Indonesian legal system before and after the amendments to the 1945 Constitution, highlighting the key changes and their implications. #### The Pre-Amendment Legal System: A Legacy of Authoritarianism Prior to the amendments, the Indonesian legal system operated under a highly centralized and authoritarian framework. The 1945 Constitution, as originally drafted, vested significant power in the executive branch, particularly the President, who held considerable influence over the judiciary. The Supreme Court, the highest judicial body, was largely seen as an extension of the executive branch, with its independence and impartiality often compromised. This system, characterized by a lack of checks and balances, contributed to a culture of impunity and limited access to justice for ordinary citizens. #### The Post-Amendment Legal System: Towards a More Democratic Framework The amendments to the 1945 Constitution, particularly those introduced in 1999, 2000, and 2001, aimed to establish a more democratic and accountable legal system. These amendments significantly strengthened the judiciary's independence and introduced mechanisms to ensure judicial accountability. The Supreme Court was granted greater autonomy, and its role as the final arbiter of justice was reinforced. The establishment of the Constitutional Court, tasked with adjudicating constitutional disputes, further enhanced the separation of powers and provided a mechanism for judicial review. #### Key Changes in the Judicial System The amendments brought about several key changes in the Indonesian legal system. Firstly, the principle of judicial independence was enshrined in the Constitution, guaranteeing the judiciary's autonomy from political interference. Secondly, the establishment of the Constitutional Court provided a mechanism for judicial review, allowing the court to strike down laws deemed unconstitutional. Thirdly, the amendments introduced provisions for judicial accountability, including mechanisms for impeachment and disciplinary action against judges. #### Implications of the Amendments The amendments to the 1945 Constitution have had a profound impact on the Indonesian legal system. The enhanced independence of the judiciary has contributed to a more impartial and accountable system of justice. The establishment of the Constitutional Court has provided a crucial mechanism for safeguarding constitutional rights and ensuring the rule of law. However, challenges remain in fully realizing the ideals of a democratic and independent judiciary. Corruption and political influence continue to pose threats to the integrity of the legal system. #### Conclusion The amendments to the 1945 Constitution have significantly transformed the Indonesian legal system, moving it towards a more democratic and accountable framework. The enhanced independence of the judiciary, the establishment of the Constitutional Court, and the introduction of mechanisms for judicial accountability have contributed to a more robust and impartial system of justice. However, challenges remain in fully realizing the ideals of a democratic and independent judiciary. Continued efforts are needed to address corruption, political influence, and other obstacles to ensure a truly fair and equitable legal system for all Indonesians.