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

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.

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Abstract

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.

Item Type:	Conference or Workshop Item (Invited Papers)
Additional Information:	1650/52839
Uncontrolled Keywords:	The constitutional court, consolidation of democracy, the 1945 constitution
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:	02 Dec 2016 09:49
Last Modified:	02 Dec 2016 09:49
URI:	http://irep.iium.edu.my/id/eprint/52839

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