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Jakarta Post

Guarding the last resort of constitutional adjudicator

Judicial independence, a result of constitutional amendments in the reform era, is one of the main principles of the Constitutional Court (MK)

Prodita Sabarini and Ina Parlina (The Jakarta Post)
Jakarta
Fri, May 3, 2013 Published on May. 3, 2013 Published on 2013-05-03T09:38:32+07:00

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J

udicial independence, a result of constitutional amendments in the reform era, is one of the main principles of the Constitutional Court (MK).

The court, the final adjudicator of disputes on the interpretation of national laws and election results, gives strong authority to the nine Justices on the bench to guard democracy.

With the general elections a year away, the question has been raised about how impartial the court can remain.

The court is now loaded with case files on election disputes and is gearing up for more as the country approaches next year's general election.

'Political dynamics will increase. They can cause disputes between citizens, but also between citizens and the state,' the new Chief Justice Akil Mochtar said shortly after being sworn in last month.

Ahead of 2014, the court's independence itself has been questioned; Akil himself was once investigated for accepting bribes, of which he was cleared.

The independence of the justices is constantly in the spotlight, through rulings of controversial cases, including challenged election results.

The most recent dispute in Palopo, South Sulawesi, in March, saw government offices burnt down by a mob, allegedly supporters of Haidir Basir and Thamrin Jufri, who lost the mayoral election to Yudas Amir and Ahmad Syaifuddin. On Monday the court ruled that the plaintiffs' allegation of 'structured, systematic and massive' violations were unfounded.

Since 2008, the court has accepted 568 case requests on regional election results. The highest number was in 2010, with 230 cases filed. In 2011, 138 cases were filed, 112 in 2012 and 49 in 2013. Indonesia has 497 cities and regencies and 33 provinces, with the 34th province, North Kalimantan, still in preparation.

The Home Affairs Ministry recently revealed that election-related riots have led to a death toll of 50 since 2005, which observers say is comparatively low. In the Philippines, for instance, 27 have been killed in 45 elections since January, police said.

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