Constitutional Court of Indonesia

Constitutional Court of Indonesia. The Constitutional Court of the Republic of Indonesia is one of the apex courts in the Indonesian judicial system, established following the Reformasi era. It serves as the final interpreter of the Constitution of Indonesia and a guardian of constitutional democracy. The court's creation was mandated by the Third Amendment to the constitution in 2001, becoming operational in 2003.

History

The push for a constitutional court emerged from the political transition after the fall of Suharto's New Order regime, aiming to establish stronger checks and balances. The legal foundation was solidified through amendments to the Constitution of Indonesia between 1999 and 2002, particularly the Third Amendment. The court was formally inaugurated on August 13, 2003, with its first justices sworn in by then-President Megawati Sukarnoputri. Its early operations were supported by technical assistance from institutions like the German Foundation for International Legal Cooperation.

Jurisdiction and powers

The court's authority is explicitly defined in Article 24C of the Constitution of Indonesia. Its primary jurisdictions include conducting judicial review of laws against the constitution, resolving disputes over the authority of state institutions established by the constitution, deciding on the dissolution of political parties, and settling disputes regarding the results of general elections. It also holds the power to issue a verdict on allegations of violations by the President or Vice President as referred by the People's Consultative Assembly.

Composition and appointment

The court consists of nine constitutional justices. Three are nominated by the Supreme Court, three by the People's Representative Council, and three by the President of Indonesia. Justices must possess integrity and have a background in law, politics, or government. They serve a five-year term and can be reappointed for one additional term. The current chief justice is Suhartoyo, who succeeded Anwar Usman. The selection process involves fit and proper tests conducted by the legislature.

Notable decisions

The court has issued several landmark rulings that have significantly impacted Indonesian law and politics. In 2004, it affirmed the direct election of the president and regional heads. A 2011 decision on the Law on State Ministries clarified governmental structure. In the 2014 presidential election, it dismissed challenges to Joko Widodo's victory. More recently, it ruled on the constitutionality of the Job Creation Law and has handled numerous regional election disputes.

Criticism and controversies

The court has faced scrutiny over perceptions of political interference and ethical breaches among justices. A significant controversy involved former Chief Justice Akil Mochtar, who was convicted of corruption in 2014 for accepting bribes to fix regional election disputes. Debates also surround its expansive interpretation of judicial review powers, with critics arguing it sometimes engages in judicial activism. Its decisions on election disputes and party dissolution are frequently contested by losing candidates and organizations.

Relationship with other institutions

The court maintains a critical relationship with other branches of government. It operates independently from the Supreme Court, which handles general judicial affairs. Its rulings can nullify laws passed by the People's Representative Council and signed by the President of Indonesia. The court also interacts with the Judicial Commission regarding the conduct of justices and with the General Elections Commission during electoral disputes.