Constitutional Complaint and Constitutional Question in the Indonesian Constitutional Court


* Published in Constitutional Review, Vol. 2, No. 1, May 2016, pp. 103-128

constitutional-reviewAbstract: A jurisdiction of the Indonesian Constitutional Court concerning constitutional adjudication is only limited to review the constitutionality of national law. There is no mechanism for challenging any decision or action made by public authorities that violate fundamental rights enshrined in the Indonesian Constitution. This article argues that constitutional complaint and constitutional question might be adopted as new jurisdictions of the Indonesian Constitutional Court in order to strengthen the protection of fundamental rights of its citizen. It also identifies main problems that will be faced by the Constitutional Court in exercising constitutional complaint and constitutional question. For instance, the Court will be burdened with too many cases as experienced by other countries. A clear mechanism for filtering applications lodged to the Constitutional Court and the time limit for deciding cases are important elements that have to be regulated to overcome the problems. In addition, the institutional structure of the Constitutional Court has to be improved, particularly to support its decision-making process.

Keywords: Constitutional Complaint, Constitutional Court, Constitutional Question, Fundamental Rights, Individual Application

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Op-Article on Indonesian Presidential Election

The Conversation

Prabowo fights on, but Indonesian court ruling ends legal challenge

By Pan Mohamad Faiz Kusuma Wijaya, The University of Queensland

As many analysts predicted, Indonesia’s Constitutional Court (MK) has rejected losing presidential candidate Prabowo Subianto’s challenge to the election result.

Despite the decision, which is final and binding, Prabowo has yet to concede defeat and congratulate Joko Widodo, who is better known as Jokowi, on winning.

Through the State Administrative Court, his legal team is still challenging the legality of the Jakarta governor Jokowi running for the presidency. Probowo’s coalition is also planning to set up a special committee in parliament to question the election process and result.

Whatever he does, though, the Constitutional Court ruling is clear. Prabowo lost. Continue reading

Interview with the Conversation

25 July 2014, 10.24am AEST

Audio Q&A: Prabowo’s appeal to the Constitutional Court

International leaders have begun congratulating Indonesia’s president-elect Joko Widodo. But losing candidate Prabowo Subianto is yet to concede defeat.

After a dramatic withdrawal from the vote-counting process hours before the Election Commission (KPU) announced the official result on Tuesday, Prabowo’s legal team announced on Wednesday their plans to challenge the KPU’s decision.

Prabowo claimed there had been a massive, structured and systematic fraud in the election. To establish this before the court, the burden of proof is on Prabowo.

Pan Mohamad Faiz, a PhD candidate in constitutional law, said Prabowo would have “a very hard time to prove before the court” that irregularities in the election rendered the result invalid.

You can listen to Faiz’s explanation below:

Source: The Conversation