DILEMA KONSTITUSI SEBAGAI PELINDUNG HAM DAN HAK-HAK WARGA NEGARA DI INDONESIA

Abstract

Power tends to corrupt. If there is no law that can limit this power, there will be abuse of authority and the arbitrariness of this power, if left unchecked, will give birth to authoritarian rulers. The Constitutional Court's decision regarding the age of the vice presidential candidate in the 2024 election gave the public a surprise. The Constitutional Court should be needed to limit the power of state leaders to prevent arbitrariness of power. This great desire to limit power that has the potential to have a central position is what makes the constitution the embodiment of the highest law that must be obeyed by the state and government officials so that the state does not deviate from its function and role in state life. The role of the constitution as a protector of human rights and the rights of citizens is in line with the objectives of the state stated in the Preamble to the 1945 Constitution, paragraph 4. The role of the constitution as a protector of human rights and the rights of citizens is stated in many articles, one of which is UUD No. 39 of 1999 which discusses human rights, then there are Articles 28A-28J of the Constitution, and others. This research uses qualitative research with a literature study approach. The method is carried out by exploring sources that are used for discussion, for example sources that become theories, then analyzed and conclusions drawn based on the formulation of the problem being studied.