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...

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Main Authors:	Satriawan, Iwan, Mokhtar, Khairil Azmin
Format:	Conference or Workshop Item
Language:	English
Published:	2015
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/52839/ http://irep.iium.edu.my/52839/1/Proceeding%20complete%20_52839.pdf

id	iium-52839
recordtype	eprints
spelling	iium-528392016-12-02T01:49:26Z http://irep.iium.edu.my/52839/ The role of the constitutional court in consolidating democracy in Indonesia: An evaluation after ten years Satriawan, Iwan Mokhtar, Khairil Azmin K Law (General) 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. 2015-05 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/52839/1/Proceeding%20complete%20_52839.pdf Satriawan, Iwan and Mokhtar, Khairil Azmin (2015) The role of the constitutional court in consolidating democracy in Indonesia: An evaluation after ten years. In: International Conference on Law and Society 2015 (ICLAS IV), 10-11 May 2015, Universiti Sultan Zainal Abidin, Kuala Terengganu.
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Satriawan, Iwan Mokhtar, Khairil Azmin The role of the constitutional court in consolidating democracy in Indonesia: An evaluation after ten years
description	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.
format	Conference or Workshop Item
author	Satriawan, Iwan Mokhtar, Khairil Azmin
author_facet	Satriawan, Iwan Mokhtar, Khairil Azmin
author_sort	Satriawan, Iwan
title	The role of the constitutional court in consolidating democracy in Indonesia: An evaluation after ten years
title_short	The role of the constitutional court in consolidating democracy in Indonesia: An evaluation after ten years
title_full	The role of the constitutional court in consolidating democracy in Indonesia: An evaluation after ten years
title_fullStr	The role of the constitutional court in consolidating democracy in Indonesia: An evaluation after ten years
title_full_unstemmed	The role of the constitutional court in consolidating democracy in Indonesia: An evaluation after ten years
title_sort	role of the constitutional court in consolidating democracy in indonesia: an evaluation after ten years
publishDate	2015
url	http://irep.iium.edu.my/52839/ http://irep.iium.edu.my/52839/1/Proceeding%20complete%20_52839.pdf
first_indexed	2023-09-18T21:14:51Z
last_indexed	2023-09-18T21:14:51Z
_version_	1777411494428803072

The role of the constitutional court in consolidating democracy in Indonesia: An evaluation after ten years

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