Constitutional Retrogression in Indonesia Under President Joko Widodo's Government: What Can the Constitutional Court Do?

Satrio, Abdurrachman

doi:10.31078/consrev425

Cited by 4 publications

(4 citation statements)

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“…This consolidation of power was accompanied by a concerning trend towards populist‐illiberalism during his first term. Showing growing intolerance for dissent, reform‐minded figures within his cabinet were removed, and critics, as well as political opponents, found themselves increasingly vulnerable to legal prosecution for corruption or defamations and subjected to cyber intimidation (Power & Warburton, 2021; Satrio, 2018). Furthermore, vital oversight institutions, such as Indonesia's Corruption Eradication Commission (KPK), faced significant setbacks when its statute was amended, which was perceived as part of efforts to weaken and undermine the Commission's independence (Mulholland & Sanit, 2020).…”

Section: Illustrations From Southeast Asiamentioning

confidence: 99%

Courts and authoritarian populism in Asia: Reflections from Indonesia and the Philippines

Dressel,

Bonoan

2024

Law & Policy

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Authoritarian populism has been making a comeback in Asia, as illustrated in Southeast Asia's most important presidential regimes: the Philippines and Indonesia. In the Philippines, President Duterte (2016–2022) has shown unprecedented illiberal transgressions. Meanwhile in Indonesia, Joko Widodo's increasingly assertive presidency (2014–) has renewed concerns about “democratic backsliding” in what to date has been one of the region's most vibrant democracies. In both instances, courts have been largely muted in responding to these developments, raising concerns about their ability to counter democratic backsliding. A distinct political agenda targeting the courts through partisan control over parliament to pursue illiberal goals; undue presidential influence over judicial appointments reinforced by informal loyalty dynamics; and traditionally weak public support for the courts versus high executive popularity are critical drivers behind this trend. Nevertheless, the inherent fragility of competitive‐clientelist regimes common to the region also offers courts the opportunity to recover and resist such efforts, especially in electoral democracies.

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Section: Illustrations From Southeast Asiamentioning

confidence: 99%

Courts and authoritarian populism in Asia: Reflections from Indonesia and the Philippines

Dressel,

Bonoan

2024

Law & Policy

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“…The democracy adopted in Indonesia is Pancasila democracy and undergoes development and examination between periods of government (Satrio, 2018). The principle of democracy provides a way or method of decision-making (Walker, 1966).…”

Section: Introductionmentioning

confidence: 99%

Law Enforcement Against Criminal Acts Local Elections by Gakkumdu

Muslihannisa

Ismansyah

Mulyati

2023

JOSR

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The election of the Regional Head of Padang Pariaman Regency as a form of democracy must be carried out in accordance with the provisions of the legislation, but in the process of its implementation it cannot be separated from various actions that can harm a lot of people, and the integrity of the implementation of the Regional Election. In this case, the integrated law enforcement center (Gakkumdu) enforces the law on the crime of regional head elections. The research method used in this study is empirical juridical. Based on the results of the study, it can be concluded: Law enforcement against criminal acts of integrated law enforcement centers in handling criminal acts for the election of the head of Padang Pariaman region is ineffective because of the 3 (three) findings of criminal cases handled there are no cases has reached the court level, all cases stop on the second discussion of Sentra Gakkumdu. The obstacles faced in law enforcement of criminal acts are associated with factors that affect law enforcement consisting of 5 (five) namely legal factors, law enforcement, facilities and facilities, society, and culture. To overcome obstacles by the integrated law enforcement center in law enforcement of regional election crimes is to carry out its duties as a law enforcement holder without any internal and external influence of a policy with the aim that the democratic process runs with the creation of justice, safely, and peacefully.

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“…The Constitutional Court bears a significant responsibility in evaluating laws by referring to the principles enshrined in the 1945 Constitution. This function is not only to ensure the alignment of laws with the constitution but also as an effort to maintain a balance of power among various government institutions (Satrio, 2018;Hastuti, 2019).…”

mentioning

confidence: 99%

“…In the context of national political dynamics, conflicts of authority between state institutions can arise. The Constitutional Court functions as a mediator capable of resolving these authority disputes, thus maintaining a balance of power among the executive, legislative, and judicial branches (Satrio, 2018). The Constitutional Court's ability to review the dissolution of political parties also has a significant impact on protecting citizens' political rights (Warjiyati, 2022).…”

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confidence: 99%

The Transformation of the Role of the Constitutional Court of Indonesia: From Negative Legislature to Positive Legislature in the Context of Judicial Review Authority (A Study of Decision Number 90/Puu-Xxi/2023)

Tatawu,

Tawai

2023

J. of Law and Sust. Develop.

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Purpose: This research analyzes the shift in the position of the Constitutional Court of Indonesia from the negative legislature to the positive legislature in the context of judicial review authority, particularly based on Decision Number 90/PUU-XXI/2023. Theoretical Framework: This shift becomes the focus of the research because it has substantial implications for the role of the Constitutional Court in the legal system and democratic order of Indonesia. Method: This research employs document analysis and case study methods on Decision Number 90/PUU-XXI/2023 to understand the context, considerations, and implications of the shift in the position of the Constitutional Court. Results: The research findings indicate that the Constitutional Court, in performing its duties as a Negative Legislature, has shifted towards becoming a Positive Legislature, a role traditionally associated with the Executive and Legislative branches. In this study, the researcher delves into whether the change in the role of the Constitutional Court aligns with the constitutional spirit and goals of the Indonesian state, as well as its impact on the legal system and democratic order. The research also explores the implications of this shift on the relationship between the executive, legislative, and judicial powers and how the Constitutional Court maintains a balance between its positive legislative role and the principles of judicial independence. Conclusions: By gaining a profound understanding of the shift in the position of the Constitutional Court towards a positive legislature, this research aims to contribute to formulating policy recommendations for the Constitutional Court and the government. These recommendations are intended to ensure the sustainability of democracy, the rule of law, and the protection of human rights in Indonesia.

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Constitutional Retrogression in Indonesia Under President Joko Widodo's Government: What Can the Constitutional Court Do?

Cited by 4 publications

References 3 publications

Courts and authoritarian populism in Asia: Reflections from Indonesia and the Philippines

Courts and authoritarian populism in Asia: Reflections from Indonesia and the Philippines

Law Enforcement Against Criminal Acts Local Elections by Gakkumdu

The Transformation of the Role of the Constitutional Court of Indonesia: From Negative Legislature to Positive Legislature in the Context of Judicial Review Authority (A Study of Decision Number 90/Puu-Xxi/2023)

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