THE PHENOMENA OF AUTOCRATIC LEGALISM IN THE POST-COVID-19 PANDEMIC AND HOW THE CONSTITUTIONAL COURT HAS A ROLE AS GUARDIAN OF THE CONSTITUTION

Abstract

Autocratic legalism as a problem of the arbitrariness of power which is based on the construction of legitimate law becomes a serious problem compared to authoritarianism because of acts of the arbitrariness of power. Autocratic legalism is carried out by manipulating the law, the arbitrariness of power then does not seem to conflict with the law. This is certainly a threat to democracy. For this reason, this study aims to examine the problem of how autocratic legalism practices in Indonesia occurred after the Covid-19 pandemic. This paper also tries to explain how the Constitutional Court as the guardian of the constitution helps to perpetuate the practice of autocratic legalism through its decisions. This study uses the socio-legal method and using secondary data. The results of the study show that there are indicators of autocratic legalism by the DPR in making the third amendment to the Constitutional Court Act. Furthermore, the deviation from the Constitutional Court's decision on the Job Creation Law which was conditionally ruled unconstitutional by the Government by issuing Perppu 2/2022. Lastly, the Constitutional Court in its several decisions also seems to perpetuate the practice of autocratic legalism