The constitutional court's role in consolidating democracy and reforming local election

Within the same group as the USA and India Indonesia is one of the largest democracies in the world. After experiencing authoritarian rule for a few decades since its independence the country finally at the beginning of the twenty first century managed to chart along its new direction along democrat...

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Main Authors:	Satriawan, Iwan, Mokhtar, Khairil Azmin
Format:	Article
Language:	English
Published:	Constitutional Court of the Republic of Indonesia 2015
Subjects:	JQ Political institutions Asia JS Local government Municipal government K Law (General)
Online Access:	http://irep.iium.edu.my/44435/ http://irep.iium.edu.my/44435/ http://irep.iium.edu.my/44435/1/Full_Article.pdf

id	iium-44435
recordtype	eprints
spelling	iium-444352017-11-15T01:04:16Z http://irep.iium.edu.my/44435/ The constitutional court's role in consolidating democracy and reforming local election Satriawan, Iwan Mokhtar, Khairil Azmin JQ Political institutions Asia JS Local government Municipal government K Law (General) Within the same group as the USA and India Indonesia is one of the largest democracies in the world. After experiencing authoritarian rule for a few decades since its independence the country finally at the beginning of the twenty first century managed to chart along its new direction along democratic course and values. More than a decade has passed since the democratic transition begun yet the country still faces various constitutional dilemmas and enigmas. One of organs of the government which been entrusted to transform the country into a democratic nation is the Constitutional Court. The objective of this paper is to provide critical analyses of the role of the Constitutional Court of Indonesia in the process of consolidating local democracy. The scope of analysis is confined to a number of important cases heard by the court on local election disputes from the year 2008 to 2013. The rationale to focus on local election is because local government provides the second layer of government for this unitary country making the governance more democratic and more in touch with local population. The result of the study is the Constitutional Court through its decisions has created conducive political situation and has provided significant contributions in the process of consolidating local democracy. In spite of limited number of judges and short period of settlement to disputes brought before it the Court have settled all disputes regarding local elections without much delay and complaint. Nevertheless there are some areas that need to be addressed by the court to enhance its efficiency and effectiveness of the court. A few factors have been identified to be the cause of the problems namely problem of design of structure of the Court, extension of the scope of authority, period of settlement, over-dosis of authority and the breach of code of ethics of the judges.Thus it is recommended that in order to perpetuate the excellent achievements of the court the institution need to be strengthened by addressing the problems. Constitutional Court of the Republic of Indonesia 2015-05 Article PeerReviewed application/pdf en http://irep.iium.edu.my/44435/1/Full_Article.pdf Satriawan, Iwan and Mokhtar, Khairil Azmin (2015) The constitutional court's role in consolidating democracy and reforming local election. Constitutional Review, 1 (1). http://www.mahkamahkonstitusi.go.id
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	JQ Political institutions Asia JS Local government Municipal government K Law (General)
spellingShingle	JQ Political institutions Asia JS Local government Municipal government K Law (General) Satriawan, Iwan Mokhtar, Khairil Azmin The constitutional court's role in consolidating democracy and reforming local election
description	Within the same group as the USA and India Indonesia is one of the largest democracies in the world. After experiencing authoritarian rule for a few decades since its independence the country finally at the beginning of the twenty first century managed to chart along its new direction along democratic course and values. More than a decade has passed since the democratic transition begun yet the country still faces various constitutional dilemmas and enigmas. One of organs of the government which been entrusted to transform the country into a democratic nation is the Constitutional Court. The objective of this paper is to provide critical analyses of the role of the Constitutional Court of Indonesia in the process of consolidating local democracy. The scope of analysis is confined to a number of important cases heard by the court on local election disputes from the year 2008 to 2013. The rationale to focus on local election is because local government provides the second layer of government for this unitary country making the governance more democratic and more in touch with local population. The result of the study is the Constitutional Court through its decisions has created conducive political situation and has provided significant contributions in the process of consolidating local democracy. In spite of limited number of judges and short period of settlement to disputes brought before it the Court have settled all disputes regarding local elections without much delay and complaint. Nevertheless there are some areas that need to be addressed by the court to enhance its efficiency and effectiveness of the court. A few factors have been identified to be the cause of the problems namely problem of design of structure of the Court, extension of the scope of authority, period of settlement, over-dosis of authority and the breach of code of ethics of the judges.Thus it is recommended that in order to perpetuate the excellent achievements of the court the institution need to be strengthened by addressing the problems.
format	Article
author	Satriawan, Iwan Mokhtar, Khairil Azmin
author_facet	Satriawan, Iwan Mokhtar, Khairil Azmin
author_sort	Satriawan, Iwan
title	The constitutional court's role in consolidating democracy and reforming local election
title_short	The constitutional court's role in consolidating democracy and reforming local election
title_full	The constitutional court's role in consolidating democracy and reforming local election
title_fullStr	The constitutional court's role in consolidating democracy and reforming local election
title_full_unstemmed	The constitutional court's role in consolidating democracy and reforming local election
title_sort	constitutional court's role in consolidating democracy and reforming local election
publisher	Constitutional Court of the Republic of Indonesia
publishDate	2015
url	http://irep.iium.edu.my/44435/ http://irep.iium.edu.my/44435/ http://irep.iium.edu.my/44435/1/Full_Article.pdf
first_indexed	2023-09-18T21:03:10Z
last_indexed	2023-09-18T21:03:10Z
_version_	1777410758994296832

The constitutional court's role in consolidating democracy and reforming local election

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