Twenty Three Years Reform in Indonesia and Unsolved Law Supremacy

Abstract

As a modern country, Indonesia’s constitution law has firmly stipulated that one of the characteristics of the Indonesian governmental system follows the principle of state law not absolute state of power. Based on this constitutional certainty, the government has a limited power and is not allowed to act cruelly or unlawfully. This principle has to be reflected in the practice of state government. In other words, in the practice of Indonesian state government, law must control the power but not in the other way round where the law is controlled by the power. However, in the real situation of state governing, it has often been found that both law and power do not run in the same path way, whereas the power tends to be dominant and the law is subordinated. Ideally, the power should go in line with the law. The problem now is to what extent the law can control the power, while at the same time, the law is the product of the authorized government. To answer this question, there should be an ideal solution in which a product of law should always control the governing power although it is a product of the ruling power or government.

Keywords: Reform in Indonesia, twenty three years, unsolved law supremacy.

DOI: 10.7176/JLPG/105-13

Publication date: January 31^st 2021