Trajectories of Curial Power: The Rise, Fall and Partial Rehabilitation of the Indonesian Constitutional Court

Roux, Theunis; Siregar, Fritz Edward

doi:10.2139/ssrn.2605664

Cited by 3 publications

(5 citation statements)

References 27 publications

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“…Such commitment can be seen how the Court was dealing with many important laws. [8] The Court showed its authority to test the constitutionality of law against constitution. The Court frequently invalidated the Law that were enacted by the lawmakers (the president and the DPR) in some cases the lawmakers retaliated by revising the law to limit the Court authority in dealing with the government policy.…”

Section: The Strong Court At the Very Beginning: Judicialization Of P...mentioning

confidence: 99%

“…The corruption cases by two justices -Akhil Mochtar and Patrialis Akbar-were red handedly caught by the Anti-Corruption Commission. [8] These two incidents made the Court changed its attitude from activist to a more restrained Court. Under Hamdan Zoelva leadership, the Court excluded its authority to settle disputes concerning local head election result.…”

Section: The Strong Court At the Very Beginning: Judicialization Of P...mentioning

confidence: 99%

“…Politization of judiciary means that there are political acts from political institutions toward the judiciary with the intention to influence or to domesticate the Court. [8] This can be in the form of influencing the court on matters such as the term of office, remuneration, judicial budget, or recruitment process. [17] In the case of Indonesian Constitutional Court, politization of judiciary occurred especially after the issuance of Creation Law.…”

Section: Toward Politization Of Judiciary?mentioning

confidence: 99%

“…Similar to the first generation, the second generation of constitutional justices showed strong commitment to uphold substantive justice. [8] In its rulings, the Court did not always follow what the written rules said. [9] In some cases, the Court deviated from the written rules if the Court was of the opinion that such rules is believed contradictory against the substantive justice.…”

Section: Introductionmentioning

confidence: 99%

“…Afterward, the Court seems to be more cautious and restrained in dealing with regional election disputes. [8] The Court ruled that settling regional election is beyond the Court's constitutional powers. The Court performance keep declining as some justices posed significant problems with ethics.…”

Section: Introductionmentioning

confidence: 99%

See 4 more Smart Citations

Mahkamah Konstitusi Post Judicial Review of the 11/2020 Job Creation Law: Toward Politization of Judiciary?

Omara,

Maharani

2023

Advances in Social Science, Education and Humanities Research

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Since its inception in 2003, the Indonesian Constitutional Court is often seen as a strong court. This is because unlike some courts which can only declare the law inconsistent with the constitution, the Indonesian Constitutional Court can go further by invalidating the law produced by the legislature. This situation is often regarded as the judicialization of politics since the judiciary is involved in resolving political dispute. This situation, however, shifted significantly post judicial review of Job Creation Law. The Court declared Job Creation Law conditionally unconstitutional. The Court ordered the lawmakers to fix the lawmaking process by involving the public meaningfully in such process. The lawmakers' response however is way different from the Court order. Rather than fixing the law-making process, the lawmakers, specifically the government choose to enact government regulation in lieu of law (Perpu) to substitute Job Creation Law. This situation raises an important question what would be the lawmakers-judiciary relation after the judicial review of Law on Job Creation? Utilizing doctrinal approach as the research method, the paper argues that post judicial review of Job Creation Law, there is a tendency to shift from judicialization of politics to politization of judiciary. This can be seen how the lawmaker takes different approach (from the court decision) in following up the Court ruling concerning Job Creation Law even though the Court has provided some guidance for the lawmakers in fixing the lawmaking process. This situation somewhat reflects politization of judiciary as opposed to judicialization of politics.

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Section: The Strong Court At the Very Beginning: Judicialization Of P...mentioning

confidence: 99%

Section: The Strong Court At the Very Beginning: Judicialization Of P...mentioning

confidence: 99%

Section: Toward Politization Of Judiciary?mentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

See 3 more Smart Citations

Mahkamah Konstitusi Post Judicial Review of the 11/2020 Job Creation Law: Toward Politization of Judiciary?

Omara,

Maharani

2023

Advances in Social Science, Education and Humanities Research

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In Defence of Empirical Entanglement: The Methodological Flaw in Waldron’s Case against Judicial Review

Roux

The Cambridge Handbook of Deliberative Constitutionalism

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LGBT Rights and the Constitutional Court: Protecting Rights without Recognizing them?

Satrio

2020

SSRN Journal

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Trajectories of Curial Power: The Rise, Fall and Partial Rehabilitation of the Indonesian Constitutional Court

Cited by 3 publications

References 27 publications

Mahkamah Konstitusi Post Judicial Review of the 11/2020 Job Creation Law: Toward Politization of Judiciary?

Mahkamah Konstitusi Post Judicial Review of the 11/2020 Job Creation Law: Toward Politization of Judiciary?

In Defence of Empirical Entanglement: The Methodological Flaw in Waldron’s Case against Judicial Review

LGBT Rights and the Constitutional Court: Protecting Rights without Recognizing them?

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