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Constitutional Court: Impartial but timid
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The Constitutional Court building in Jakarta (kompas.com/File)
I
ndonesians are anticipating their fourth direct democratic presidential election since reformasi. As transitions of power from one presidency to another have happened peacefully since the fall of the Soeharto regime, scholars consider that Indonesia’s democracy has long “passed” Samuel Huntington’s “two-turnover test”, denoting its relative maturity.
Although pundits have recently criticized the heavy-handed approach of the government in dealing with several political issues, Indonesia’s democratic processes still adhere to the constitutional rules of the game.
One of the primary factors facilitating Indonesia’s consolidation of constitutional democracy, as argued by Indonesianist Marcus Mietzner, is the presence of independent state institution that adjudicates conflicts arising from electoral contests, the Constitutional Court. Compared to its peers in the Asia-Pacific region, political scholar Bjoern Dressel labels the Constitutional Court an “activist” court because of its exercise of authority in numerous high-profile cases that have had wide public and political ramifications.
Indeed, from its inception in 2003 until 2017, the court registered 2,481 cases, of which 53 percent were election-related disputes, involving votes for regional heads, legislatures and presidents, among others. The court has adjudicated disputes filed by almost every losing contender for the presidential seat since direct elections began in 2004. The court’s final and binding decision in each of these presidential election disputes has allowed the winner to step into office with greater legitimacy, contributing to stable democratic rule.
