Prinsip Peradilan Bebas dan Tidak Memihak dalam Negara Hukum: Studi Putusan Mahkamah Konstitusi Nomor 53/PUU-XIV/2017 Mengenai Verifikasi Partai Politik

Abstract

The Constitutional Court holds the independent authority of the state to administer justice in upholding law and justice. However, one phenomenon that occurs in recent years is the decline in people's trust towards the independent judicial institutions topped off by the absence of intervention which has eventually led to serious polemics in the society. This is also due to the fact that it appears as if the law is no longer serves as a tool for seeking justice, but rather a tool for perpetuating power. This article aims to identify and examine how the principle of free justice in rule of law is implemented in the Constitutional Court decision no. 53/PUU-XIV/2017 on political party verification. The method used is a normative method which positions law as a system of norms for analyzing laws that have been decided by judges through the court process. The results of this research show that the Constitutional Court judges in the Constitutional Court decision Number 53/PUU-XIV/2017, especially regarding political party verification, were guided by the constitution and upheld the principle of an independent and impartial judiciary in the principles of the rule of law. This can be seen from legal considerations that the Constitutional Court considers the obligation to carry out political party verification of all political parties participating in the general election as a whole, both in the 2014 election and new political parties in 2019, so that there shall be no differences and discrimination.