The role of the constitutional court in consolidating democracy in Indonesia: An evaluation after ten years
The research aims at evaluating the role of the Constitutional Court in consolidating democracy in Indonesia from 2003 to 2013. Examinations are made on the court’s decisions regarding judicial review of acts, disputes concerning jurisdiction among state organs and disputes on the results of electio...
| Main Authors: | , |
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| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
2015
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/52839/ http://irep.iium.edu.my/52839/1/Proceeding%20complete%20_52839.pdf |
| Summary: | The research aims at evaluating the role of the Constitutional Court in consolidating democracy in Indonesia from 2003 to 2013. Examinations are made on the court’s decisions regarding judicial review of acts, disputes concerning jurisdiction among state organs and disputes on the results of elections. The research is a doctrinal legal research and applied law research. The research also involves a historical, statute, and
comparative law approach. The result of the research shows that the Constitutional Court has played a significant role in the consolidation of democracy in Indonesia since 2003 to 2013 through its decisions in judicial review of acts and resolving election disputes. However, Constitutional Court hasn’t made significant impact in the promotion of democracy relating to disputes on jurisdiction among the state organs. 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 (objectum litis) of the Court. In spite of the misgivings the Court is still relevant and has certain contributions towards democracy. Regarding the problems faced by the Constitutional Court, there are some important recommendations may be proposed, namely, first, there should be a serious evaluation on the design of the
Constitutional Court relating to structure, scope of authority and procedure. Second, there should be a more clear definition of the state organs and the meaning of
constitutional disputes on jurisdiction regarding disputes on jurisdiction among the state organs. Third, There should be a better requirements of being judges and external supervision of the judges of the Constitutional Court. Therefore, amendment of the 1945 Constitution and the Constitutional Court Act is necessarily needed. |
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