The role of Indonesian Constitutional Court in resolving disputes among the state organs

The paper attempts to assess the role of the 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 has n...

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Main Authors:	Satriawan, Iwan, Mokhtar, Khairil Azmin
Format:	Article
Language:	English
Published:	Hasanuddin University 2019
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/74062/ http://irep.iium.edu.my/74062/ http://irep.iium.edu.my/74062/ http://irep.iium.edu.my/74062/1/1669-3986-2-PB.pdf

id	iium-74062
recordtype	eprints
spelling	iium-740622019-09-12T08:05:57Z http://irep.iium.edu.my/74062/ The role of Indonesian Constitutional Court in resolving disputes among the state organs Satriawan, Iwan Mokhtar, Khairil Azmin K Law (General) The paper attempts to assess the role of the 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 has not made a significant impact on 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 the 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. Despite the misgivings, the Court is still relevant and have certain contributions towards democracy. It has to a certain extent that 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. Hasanuddin University 2019-08 Article PeerReviewed application/pdf en http://irep.iium.edu.my/74062/1/1669-3986-2-PB.pdf Satriawan, Iwan and Mokhtar, Khairil Azmin (2019) The role of Indonesian Constitutional Court in resolving disputes among the state organs. Hasanudin Law Review, 5 (2). pp. 159-179. ISSN 2442-9880 E-ISSN 2442-9899 http://pasca.unhas.ac.id/ojs/index.php/halrev/index 10.20956/halrev.v5i2.1669
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 Indonesian Constitutional Court in resolving disputes among the state organs
description	The paper attempts to assess the role of the 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 has not made a significant impact on 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 the 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. Despite the misgivings, the Court is still relevant and have certain contributions towards democracy. It has to a certain extent that 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	Article
author	Satriawan, Iwan Mokhtar, Khairil Azmin
author_facet	Satriawan, Iwan Mokhtar, Khairil Azmin
author_sort	Satriawan, Iwan
title	The role of Indonesian Constitutional Court in resolving disputes among the state organs
title_short	The role of Indonesian Constitutional Court in resolving disputes among the state organs
title_full	The role of Indonesian Constitutional Court in resolving disputes among the state organs
title_fullStr	The role of Indonesian Constitutional Court in resolving disputes among the state organs
title_full_unstemmed	The role of Indonesian Constitutional Court in resolving disputes among the state organs
title_sort	role of indonesian constitutional court in resolving disputes among the state organs
publisher	Hasanuddin University
publishDate	2019
url	http://irep.iium.edu.my/74062/ http://irep.iium.edu.my/74062/ http://irep.iium.edu.my/74062/ http://irep.iium.edu.my/74062/1/1669-3986-2-PB.pdf
first_indexed	2023-09-18T21:44:56Z
last_indexed	2023-09-18T21:44:56Z
_version_	1777413386642915328

The role of Indonesian Constitutional Court in resolving disputes among the state organs

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