The role of constitutional court in the process of consolidating democracy in Indonesia: analysis of judicial review relating to election matters

The establishment of Constitutional Court in 2003 has given a new impetus to democracy in the constitutional system of Indonesia. After more than a decade of its existence there is a need to ascertain the role of the Court in the process of consolidating democracy and determine, if any, of its impac...

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Main Authors:	Mokhtar, Khairil Azmin, Satriawan, Iwan
Format:	Article
Language:	English
Published:	2014
Subjects:	JQ Political institutions Asia K Law (General)
Online Access:	http://irep.iium.edu.my/56946/ http://irep.iium.edu.my/56946/ http://irep.iium.edu.my/56946/1/56946_The%20Role%20of%20Constitutional%20Court%20in%20the%20Process.pdf

id	iium-56946
recordtype	eprints
spelling	iium-569462019-07-12T01:21:52Z http://irep.iium.edu.my/56946/ The role of constitutional court in the process of consolidating democracy in Indonesia: analysis of judicial review relating to election matters Mokhtar, Khairil Azmin Satriawan, Iwan JQ Political institutions Asia K Law (General) The establishment of Constitutional Court in 2003 has given a new impetus to democracy in the constitutional system of Indonesia. After more than a decade of its existence there is a need to ascertain the role of the Court in the process of consolidating democracy and determine, if any, of its impact to the country and effect on democracy. The primary question is whether the Constitutional Court has managed to achieve expectation of the people and fulfil its democratic role in upholding the constitutional principles and institutionalizing democratic values in Indonesia? In trying to answer the question this article initially discusses the theoretical aspect and political background of the emergence and development of constitutional court globally, together with discussion on the meaning, significance and relevance of democracy, democratic consolidation, judicial review and election. The ensuing discussion is constitutional and political setting and backdrop relating to the emergence and establishment of the Constitutional Court in Indonesia. The article then proceeds to examine whether the Constitutional Court, through it powers and decisions relating to election matters, have influenced the agenda of strengthening democratic consolidation in the country. This study concludes that the emergence of the Constitutional Court as an organ for constitutional adjudication mechanism is the result of development of modern idea of democratic government which is based on the rule of law, doctrine of separation of powers, and the protection of fundamental rights of citizens. The findings in this article pointed to the conclusion that the Constitutional Court, through its powers and decisions, improves the quality of legislation and elections. The improvements have positive consequences to democracy because it strengthen democratic values, protects fundamental rights of citizen, and conducts checks and balances mechanism among state institutions. 2014 Article PeerReviewed application/pdf en http://irep.iium.edu.my/56946/1/56946_The%20Role%20of%20Constitutional%20Court%20in%20the%20Process.pdf Mokhtar, Khairil Azmin and Satriawan, Iwan (2014) The role of constitutional court in the process of consolidating democracy in Indonesia: analysis of judicial review relating to election matters. Dongguk Law Review, 5. pp. 3-42. ISSN 2287-9676 https://www.earticle.net/Article/A260594
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 K Law (General)
spellingShingle	JQ Political institutions Asia K Law (General) Mokhtar, Khairil Azmin Satriawan, Iwan The role of constitutional court in the process of consolidating democracy in Indonesia: analysis of judicial review relating to election matters
description	The establishment of Constitutional Court in 2003 has given a new impetus to democracy in the constitutional system of Indonesia. After more than a decade of its existence there is a need to ascertain the role of the Court in the process of consolidating democracy and determine, if any, of its impact to the country and effect on democracy. The primary question is whether the Constitutional Court has managed to achieve expectation of the people and fulfil its democratic role in upholding the constitutional principles and institutionalizing democratic values in Indonesia? In trying to answer the question this article initially discusses the theoretical aspect and political background of the emergence and development of constitutional court globally, together with discussion on the meaning, significance and relevance of democracy, democratic consolidation, judicial review and election. The ensuing discussion is constitutional and political setting and backdrop relating to the emergence and establishment of the Constitutional Court in Indonesia. The article then proceeds to examine whether the Constitutional Court, through it powers and decisions relating to election matters, have influenced the agenda of strengthening democratic consolidation in the country. This study concludes that the emergence of the Constitutional Court as an organ for constitutional adjudication mechanism is the result of development of modern idea of democratic government which is based on the rule of law, doctrine of separation of powers, and the protection of fundamental rights of citizens. The findings in this article pointed to the conclusion that the Constitutional Court, through its powers and decisions, improves the quality of legislation and elections. The improvements have positive consequences to democracy because it strengthen democratic values, protects fundamental rights of citizen, and conducts checks and balances mechanism among state institutions.
format	Article
author	Mokhtar, Khairil Azmin Satriawan, Iwan
author_facet	Mokhtar, Khairil Azmin Satriawan, Iwan
author_sort	Mokhtar, Khairil Azmin
title	The role of constitutional court in the process of consolidating democracy in Indonesia: analysis of judicial review relating to election matters
title_short	The role of constitutional court in the process of consolidating democracy in Indonesia: analysis of judicial review relating to election matters
title_full	The role of constitutional court in the process of consolidating democracy in Indonesia: analysis of judicial review relating to election matters
title_fullStr	The role of constitutional court in the process of consolidating democracy in Indonesia: analysis of judicial review relating to election matters
title_full_unstemmed	The role of constitutional court in the process of consolidating democracy in Indonesia: analysis of judicial review relating to election matters
title_sort	role of constitutional court in the process of consolidating democracy in indonesia: analysis of judicial review relating to election matters
publishDate	2014
url	http://irep.iium.edu.my/56946/ http://irep.iium.edu.my/56946/ http://irep.iium.edu.my/56946/1/56946_The%20Role%20of%20Constitutional%20Court%20in%20the%20Process.pdf
first_indexed	2023-09-18T21:20:25Z
last_indexed	2023-09-18T21:20:25Z
_version_	1777411844442423296

The role of constitutional court in the process of consolidating democracy in Indonesia: analysis of judicial review relating to election matters

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