Constitutional Court of Indonesia

Constitutional Court of Indonesia

Between the adoption of the 3rd Constitutional amendment and the establishment of the Constitutional Court, the duties of the Constitutional Court were carried out by the Supreme Court.
With the establishment of the court, the aim is to safeguard democracy and the constitution according the principle of rule of law, and the constitutional rights of the people and human rights can be protected accordingly. The high profile performance of the constitutional court has made it a respected institution in Indonesia. During the general election and the 1st presidential election in 2004, the role taken by the constitutional court was widely appreciated by the people. Many landmark decisions have been made in the fields of politics, social, and economic law. The rehabilitation of the political rights of former members of communist party, the prohibition of retroactive law of anti-terrorism, the abolition of articles of subversive law and of defamation against presidential institution, etc., are among the landmark decisions which made it influential in guiding the new democracy of Indonesia. The court is quite new institution so it isn't surprising that there is much public discussion in Indonesia about the appropriate nature of the Constitutional Court; topics of discussion include the processes of appointment of judges; the delineation of responsibilities between the Constitutional Court and other parts of the legal system; and overall approach that the Court has taken to the issues that it has considered.
In mid-2011 the Indonesian parliament approved certain changes to the 2003 Constitutional Court Law that established the Constitutional Court. The revisions approved include changes to the arrangements for the Court's ethics council, a strengthening of the qualifications and experience required for the appointment of justices, a reduction in the term of the Court's chair and deputy chair, and lifting the mandatory retirement age for justices from 67 years to 70 years. The proposal to change the arrangements for the membership of the Court's ethics council was a controversial issue with the 1st chief judge of the court, Jimly Asshiddiqie, describing the planned changes as "frivolous."
The court has the same legal standing as the Supreme Court. Its powers, which are laid down in article 24C of the Constitution, include the final tell in reviewing law about the Constitution, disputes over the authority of state institutions, the dissolution of political parties and disputes over election results. It also is obliged to rule on any attempt to impeach the president.
Its jurisdiction on the electoral disputes was 1st limited to the five-yearly general elections. However, since 2009 the definition of general election has been broadened and includes the election of governors and regency heads (bupati). Up till now, out of the five jurisdictions of the court, the main cases handled by the court have centered around issues of judicial review, disputes on electoral results, and on disputes between state institutions.
A major problem for the court, like other parts of the legal system in Indonesia, is enforcement of decisions. The ability of the court system in Indonesia to have decisions enforced is sometimes quite weak and in recent years across Indonesia local officials have, in some cases, refused to abide by important decisions of the Constitutional Court.

The chief justice of the members of the court from

court is elected by the amongst their number.

First chief justice. The 1st chief justice was Prof. DR. Jimly Asshiddiqie. He was well known in the position of chief judge, often making media appearances and offering comment on a range of public policy issues.
Second chief justice. The 2nd chief justice, Mahfud MD, 1st elected in 2008, was re-elected in mid-2011 for a 2nd term. Mahfud won five of the nine court judges' votes, winning over two other candidates. As was the case with his predecessor in the position, Mahfud MD is well known in Indonesia for media appearances and frequent public commentary. He is popular, but his comments are sometimes controversial. Following his re-election, The Jakarta Post noted that "He is down to earth and his courage is well known" but also suggested that "As chief judge of the Constitutional Court, he should rather talk less and in contexts of the Constitution." His name is sometimes mentioned in the media as a possible candidate in the next presidential elections in Indonesia to be held in 2014. His term as chief justice ended on 1 April 2013.
Third chief justice. An election to choose the 3rd chief justice was held on 3 April 2013 and Akil Mochtar was elected. Akil was elected with seven of the total of nine votes cast. Akil, a former politician from the Golkar party, has been a justice on the Constitutional Court since 2008. He is described as inclined to take a conservative approach in legal matters. He has said that in contrast to his predecessor, Machmud MD, he "would not talk to reporters much about politics."
The Indonesian Constitution specifies that the Court must have nine justices. The Indonesian Parliament, the president and the Supreme Court are each entitled to appoint three justices to serve five-year terms.

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