The Role of the Constitutional Court in Reforming the Indonesian State System

Anna Triningsih, Suryanti T. Arief, Achmad Edy Subyanto, Joko Widarto

2018

Abstract

The amendment ofthe 1945 Constitution since the reformation has encouraged the establishment of a more democratic constitutional structure. These changes create state institutional structuresthat are in an equal position to checks and balances. One of the new state institutions established to strengthen the legal and democratic institutions in the Indonesian constitutional structure is the Constitutional Court, as one of the judicial institutions with the judicial power. The changes also confirm that judicial power is an independent power to conduct justice in order to uphold law and justice. This paper will discuss how the Constitutional Court as a state institution performs its constitutional function and role through its decisions which can influence and color the legal and constitutional reforms in Indonesia. The research method used in this study is the normative juridical method. The results showed that the verdict is the Crown of the judiciary; therefore, the achievements and role of the Constitutional Court as a judicial institution in coloring legal and constitutional reforms in the homeland are reflected in its decisions, for example: decisions to recognize simultaneous elections; political rights forthe former members of PKI; recall rights of political parties; the use of KTP for voters unregistered in DPT; cancellation of regional regulations becomes the authority of the supreme court; 20% of the education budget allocation; individual candidates in the elections; religion or indigenous faithcolumn in KTP; women can run for Governor or Vice ofGovernor; DPD members may not come from political party administrators

Paper Citation

in Harvard Style

Triningsih A., T. Arief S., Edy Subyanto A. and Widarto J. (2018). The Role of the Constitutional Court in Reforming the Indonesian State System.In Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI, ISBN 978-989-758-458-9, pages 2670-2679. DOI: 10.5220/0009950226702679

in Bibtex Style

@conference{icri18,
author={Anna Triningsih and Suryanti T. Arief and Achmad Edy Subyanto and Joko Widarto},
title={The Role of the Constitutional Court in Reforming the Indonesian State System},
booktitle={Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI,},
year={2018},
pages={2670-2679},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0009950226702679},
isbn={978-989-758-458-9},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI,
TI - The Role of the Constitutional Court in Reforming the Indonesian State System
SN - 978-989-758-458-9
AU - Triningsih A.
AU - T. Arief S.
AU - Edy Subyanto A.
AU - Widarto J.
PY - 2018
SP - 2670
EP - 2679
DO - 10.5220/0009950226702679