The Transformation of Constitutional Ethics in Constitutional Court Decisions as a Foundation for Strengthening Law Enforcement and Maintaining the Independence of Judicial Institutions
Abstract
Constitutional ethics is a fundamental dimension determining the quality of law enforcement in Indonesia, especially in the Constitutional Court's rulings (MK). According to Article 24C of the Republic of Indonesia's 1945 Constitution, the Constitutional Court is an entity with constitutional authority. As such, it must make sure that its rulings uphold moral principles in addition to formally interpreting the law, justice, and integrity. Constitutional ethics serves as a normative and moral guideline for constitutional judges to prevent them from being trapped by political bias or pragmatic interests. In practice, several important Constitutional Court decisions, such as those concerning the presidential threshold, election disputes, and the judicial review of the Job Creation Law, which was later replaced by Law Number 6 of 2023, demonstrate that the principles of constitutional ethics often serve as the basis for upholding substantive justice. Challenges remain when political intervention and potential bias by judges can undermine public trust in the Constitutional Court's decisions. Therefore, the integrity and consistency of constitutional ethics must continue to be internalized through oversight mechanisms, transparency, and accountability for decisions. This study seeks to emphasize that strengthening constitutional ethics is not merely a normative necessity, but also an essential tool for maintaining the integrity of the Constitutional Court as its protector and for bolstering the system of checks and balances. It is anticipated that the study's conclusions would advance scholarly research and offer useful suggestions for the advancement of constitutional justice in Indonesia.