The role and significance of Indonesian constitutional court in consolidating democracy: with reference to resolving disputes among the state organs

Indonesia is one of the large democracies in the world, within the same group as the USA and India. After experiencing authoritarian rule for a long period of its existence the country has charted its new direction at the beginning of the twenty first century towards becoming a more democratic natio...

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Main Authors:	Mokhtar, Khairil Azmin, Satriawan, Iwan
Format:	Conference or Workshop Item
Language:	English English English
Published:	2015
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/43554/ http://irep.iium.edu.my/43554/1/ASLI._Paper._Khairil_%26_Iwan.pdf http://irep.iium.edu.my/43554/4/12th_ASLI_Panels_%28Final%29.pdf http://irep.iium.edu.my/43554/5/12th_ASLI_Program_%28Final%29.pdf

id	iium-43554
recordtype	eprints
spelling	iium-435542015-08-11T07:34:37Z http://irep.iium.edu.my/43554/ The role and significance of Indonesian constitutional court in consolidating democracy: with reference to resolving disputes among the state organs Mokhtar, Khairil Azmin Satriawan, Iwan K Law (General) Indonesia is one of the large democracies in the world, within the same group as the USA and India. After experiencing authoritarian rule for a long period of its existence the country has charted its new direction at the beginning of the twenty first century towards becoming a more democratic nation. Although more than a decade has passed since the democratic transition begun the country still faces various constitutional dilemma and enigma. Hence this paper attempts to assess the role of Constitutional Court of Indonesia in the process of consolidating democracy in the country. Examinations are made on the court’s decisions regarding dispute concerning jurisdiction among state organs. This paper argues that the Constitutional Court hasn’t made significant impact in the promotion of democracy. It is believed that the failure of the Court to consolidate democracy through its decisions regarding dispute concerning jurisdiction among state organs could be attributed to two main reasons. The first is due to unclear concept of subjectum litis of the petitioners to have legal standing in the Constitutional Court, and the second is the lack of understanding of the subject matter jurisdiction of the Court. Due to uncertainties only small numbers cases registered and heard by the Constitutional Court. Furthermore most of the cases registered in the Court either been rejected or not been accepted by the judges. In spite of the misgivings the Court is still relevant and have certain contributions towards democracy. It has to a certain extent enhances the working of checks and balances mechanisms among state organs. It is believed that the court could be more reliable and enhance its function in promoting democracy in the country by defining clearly classification of the subjectum litis as well as the objectum litis of the dispute that it may hear. 2015-05 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/43554/1/ASLI._Paper._Khairil_%26_Iwan.pdf application/pdf en http://irep.iium.edu.my/43554/4/12th_ASLI_Panels_%28Final%29.pdf application/pdf en http://irep.iium.edu.my/43554/5/12th_ASLI_Program_%28Final%29.pdf Mokhtar, Khairil Azmin and Satriawan, Iwan (2015) The role and significance of Indonesian constitutional court in consolidating democracy: with reference to resolving disputes among the state organs. In: 12th Asian Law Institute Conference , Thursday and Friday, 21 & 22 May 2015, Taiwan National University, Taipei . (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English English
topic	K Law (General)
spellingShingle	K Law (General) Mokhtar, Khairil Azmin Satriawan, Iwan The role and significance of Indonesian constitutional court in consolidating democracy: with reference to resolving disputes among the state organs
description	Indonesia is one of the large democracies in the world, within the same group as the USA and India. After experiencing authoritarian rule for a long period of its existence the country has charted its new direction at the beginning of the twenty first century towards becoming a more democratic nation. Although more than a decade has passed since the democratic transition begun the country still faces various constitutional dilemma and enigma. Hence this paper attempts to assess the role of Constitutional Court of Indonesia in the process of consolidating democracy in the country. Examinations are made on the court’s decisions regarding dispute concerning jurisdiction among state organs. This paper argues that the Constitutional Court hasn’t made significant impact in the promotion of democracy. It is believed that the failure of the Court to consolidate democracy through its decisions regarding dispute concerning jurisdiction among state organs could be attributed to two main reasons. The first is due to unclear concept of subjectum litis of the petitioners to have legal standing in the Constitutional Court, and the second is the lack of understanding of the subject matter jurisdiction of the Court. Due to uncertainties only small numbers cases registered and heard by the Constitutional Court. Furthermore most of the cases registered in the Court either been rejected or not been accepted by the judges. In spite of the misgivings the Court is still relevant and have certain contributions towards democracy. It has to a certain extent enhances the working of checks and balances mechanisms among state organs. It is believed that the court could be more reliable and enhance its function in promoting democracy in the country by defining clearly classification of the subjectum litis as well as the objectum litis of the dispute that it may hear.
format	Conference or Workshop Item
author	Mokhtar, Khairil Azmin Satriawan, Iwan
author_facet	Mokhtar, Khairil Azmin Satriawan, Iwan
author_sort	Mokhtar, Khairil Azmin
title	The role and significance of Indonesian constitutional court in consolidating democracy: with reference to resolving disputes among the state organs
title_short	The role and significance of Indonesian constitutional court in consolidating democracy: with reference to resolving disputes among the state organs
title_full	The role and significance of Indonesian constitutional court in consolidating democracy: with reference to resolving disputes among the state organs
title_fullStr	The role and significance of Indonesian constitutional court in consolidating democracy: with reference to resolving disputes among the state organs
title_full_unstemmed	The role and significance of Indonesian constitutional court in consolidating democracy: with reference to resolving disputes among the state organs
title_sort	role and significance of indonesian constitutional court in consolidating democracy: with reference to resolving disputes among the state organs
publishDate	2015
url	http://irep.iium.edu.my/43554/ http://irep.iium.edu.my/43554/1/ASLI._Paper._Khairil_%26_Iwan.pdf http://irep.iium.edu.my/43554/4/12th_ASLI_Panels_%28Final%29.pdf http://irep.iium.edu.my/43554/5/12th_ASLI_Program_%28Final%29.pdf
first_indexed	2023-09-18T21:02:04Z
last_indexed	2023-09-18T21:02:04Z
_version_	1777410689308033024

The role and significance of Indonesian constitutional court in consolidating democracy: with reference to resolving disputes among the state organs

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