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

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 .

Preview	PDF - Accepted Version Download (613kB) | Preview
Preview	PDF Download (492kB) | Preview
Preview	PDF Download (188kB) | Preview

Abstract

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.

Item Type:	Proceeding Paper (UNSPECIFIED)
Additional Information:	1650/43554
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Assoc Prof Khairil Azmin Datuk Mokhtar
Date Deposited:	11 Aug 2015 15:34
Last Modified:	27 Sep 2024 15:13
URI:	http://irep.iium.edu.my/id/eprint/43554

Actions (login required)

View Item