The Constitutional Court in Guaranteeing Citizenship Rights in Indonesia

Abstract

This study aims to analyze the role of the Constitutional Court (MK) in protecting citizenship rights in Indonesia, with a focus on the authority of judicial review and the implementation of decisions related to the basic rights of citizens. This study uses a normative legal research method with a doctrinal approach that refers to primary, secondary, and tertiary legal sources. This approach also examines comparisons with constitutional courts in other countries, such as the United States and Germany, to assess the effectiveness and relevance of the MK's role in a global context. The results of the study show that the MK has a very important role in maintaining and enforcing citizenship rights, through judicial review of laws that are considered to be contrary to the 1945 Constitution. Through a number of important decisions, the MK has succeeded in strengthening the protection of individual rights, such as freedom of religion, the right to education, and the right to privacy. However, challenges in implementing decisions and potential political pressure are obstacles to the effectiveness of the MK. Compared to constitutional courts in other countries, the MK has its own challenges related to the social, political, and cultural context of Indonesia.