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Embedded Judicial Autonomy: How Ngos and Public Opinion Influence
Embedded Judicial Autonomy: How NGOs and Public Opinion Influence Indonesia's Constitutional Court by Dominic J. Nardi, Jr. A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy (Political Science) in The University of Michigan 2018 Doctoral Committee: Professor Allen D. Hicken, Chair Associate Professor John D. Ciorciari Professor Thomas B. Ginsburg, University of Chicago Professor Walter R. Mebane, Jr. Dominic J. Nardi, Jr. [email protected] ORCID iD: 0000-0002-9414-2071 c Dominic J. Nardi, Jr. 2018 For the lawyers advocating on behalf of legal reform and social justice in Indonesia. ii ACKNOWLEDGEMENTS Despite the popular stereotype of the lonely scholar toiling away in the Ivory Tower, throughout my time at the University of Michigan I found that great scholarship requires the support of a community. I benefitted from the academic insights, financial assistance, and emotional support of numerous people around the world during the past seven years. First and foremost, I would like to thank the members of my dissertation committee, who have guided and put up with me for almost half a decade. It has been a honor for me to work with such an extraordinary group of scholars. When I first arrived at the University of Michigan, several students told me that I was fortunate to focus on Southeast Asia because I would have the opportunity to work with Allen Hicken. Allen has been incredibly supportive over the years, both as a dissertation chairman and as a mentor. He helped me navigate the sometimes intimidating world of academia and made me feel I wasn't alone in this endeavor. -
How the Constitutional Court Settled the 2014 Presidential Election Dispute?
Scientific Research Journal (SCIRJ), Volume IV, Issue III, March 2016 8 ISSN 2201-2796 The Future of Indonesian Democracy: How the Constitutional Court Settled the 2014 Presidential Election Dispute? Dr. Andi Muhammad Asrun Head of Graduates Legal Study of University of Pakuan, Bogor, Indonesia [email protected]; [email protected] Abstract- The 2014 general election resulted Joko Widodo, or popularly known as Jokowi, elected as the country’s seventh I. INTRODUCTION president and Muhammad Jusuf Kalla, or shortly called as JK, Following the amendment of the 1945 Constitution,1 as the vice president was claimed by Prabowo Subianto and Indonesian people chose directly President and Vice President.2 Hatta Rajasa “full of fraud, intimidation, and money politics.” In fact some experts worry that Indonesia's endemic corruption Direct presidential elections are the fruit of political reforms could affect that decision. This paper based on literatures and after the fall of former dictator President Suharto in May other qualitative secondary data and information aims at 1998.The amendments of the 1945 Constitution has paved the discussing how the Constitutional Court settled the 2014 way people can directly choose the president. Political reforms Presidential Election dispute. It found that the Constitutional that generate four times the 1945 constitution changes have Court made a decision by the nine judges unanimously rejected brought new nuances in the state system of Indonesia.3 Another the lawsuit camp Subianto-Hatta at a hearing on August 21, important outcome of political reform post-Suharto 2014. The Constitutional Court argues Subianto-Rajasa cannot government is barring the post of president and vice president prove its claim in the trial. -
A Critical Analysis of Judicial Appointment Process and Tenure of Constitutional Justice in Indonesia
Hasanuddin Law Review Vol. 2 Issue 2, August (2016) Volume 2 Issue 2, August 2016: pp. 152-169. Copyright © 2015- 2016 HALREV. Faculty of Law, Hasanuddin University, Makassar, South Sulawesi, Indonesia. ISSN: 2442-9880 | e-ISSN: 2442-9899. HALREV Open Access at: http://pasca.unhas.ac.id/ojs/index.php/halrev Hasanuddin Law Review is licensed under a Creative Commons Attribution 4.0 International License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. A Critical Analysis of Judicial Appointment Process and Tenure of Constitutional Justice in Indonesia Pan Mohamad Faiz TC Beirne School of Law, the University of Queensland The University of Queensland, St. Lucia Campus, Australia Tel./Fax: +61-7-3365-2206 E-mail: [email protected] Submitted: May 26, 2016; Reviewed: Jul 14, 2016; Accepted: Jul 21, 2016 Abstract: The judicial appointment process is one of essential elements for maintaining judicial independence and public confidence of a court. This article analyses the practices of judicial appointment process exercised by three different main state institutions in selecting constitutional justice in Indonesia where the mechanism and process for selecting them have been implemented differently. It also examines the tenure of constitutional justice, which is a five-year term and can be renewed for one term only, that may lead to another problem concerning the reselection process of incumbent constitutional justices for their second term. The article concludes that the judicial appointment process and tenure of constitutional justice in Indonesia have to be improved. It suggests that if the proposing state institutions could not meet the principles of transparency, participation, objective and accountable required by the Constitutional Court Law, the judicial appointment process should be conducted by creating an independent Selection Committee or establishing a cooperation with the Judicial Commission. -
PUBLISHED by the Constitutional Court of the Republic of Indonesia
December 2016 ❏ Volume 2, Number 2 C ONSTITUTIONAL Constitutional Review Thank you very much to ❏ TheAdvisers Strong State and Pancasila: Reflecting Human R Rights in the Indonesian Democracy Prof. Dr. Arief Hidayat, S.H., M.S. Zezen Zaenal Mutaqin EVIEW Dr. Anwar Usman, S.H., M.H. Prof. Dr. Maria❏ The Farida Constitutionalization Indrati, S.H., M.H. of Budget for Education and Dr. PatrialisIts Judicial Akbar, S.H.,Enforcement M.H. in Indonesia Dr. H. Wahiduddin Andy Omara Adams, S.H., MA. Prof. Dr.❏ AswantoElection S.H., Design M.Si. FollowingDFM. Constitutional Court Dr. I Dewa GedeDecision Palguna, Number S.H. ,14/PUU-XI/2013 M. Hum Dr. Suhartoyo,Fajar Laksono S. H. and, M. Oly H. Viana Agustine Dr. Manahan❏ M.Dynamics P. Sitompul, of S.H.,the M.Obligation Hum to Register Birth Certificates as a part of the Right to Issuance Population Documents December 2016 Winda Wijayanti ❏ The Unamendable Articles of the 1945 Constitution Luthfi Widagdo Eddyono ❏ Architecture of Indonesia’s Checks and Balances Ibnu Sina Chandranegara ❏ Volume 2, Number 2 Volume PUBLISHED BY The Constitutional Court of The Republic of Indonesia We Also Publish: “Jurnal Konstitusi” Accredited By LIPI (Indonesian Institute of Sciences) and DIKTI (Indonesian Directorate General of THE CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA Higher Education) TEH CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA THE CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA Constitutional Review, Desember 2016, Volume 2, Number 2 THE CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA -
Onstitutional Eview
Volume 4, Number 2 ❏ December 2018 C ONSTITUTIONAL Constitutional Review Advisory Board Dr. Anwar Usman, S.H., M.H. Prof. Dr. Aswanto S.H., M.Si. DFM. R Prof. Dr.❏ Arief Megapolitical Hidayat, S.H.,Cases M.S. before the Constitutional Court of Indonesia since 2004: An Empirical Study EVIEW Prof. Dr. Enny Nurbaningsih, S.H., M.Hum. Dr. H. Wahiduddin Björn Dressel Adams, and S.H., Tomoo MA. Inoue Dr. I Dewa ❏Gede Indonesia’s Palguna, S.H.Judicial , M. Review Hum Regime in Comparative Dr. Suhartoyo,Perspective S. H. , M. H. Dr. Manahan M.Theunis P. Sitompul, Roux S.H., M. Hum Prof. Dr.❏ SaldiKorean Isra, Constitutional S.H., MPA. Court and Constitutionalism Prof. Dr. M. Gunturin Political Hamzah, Dynamics: S.H., M.H. Focusing on Presidential Kasianur ImpeachmentSidauruk, S.H., M.H. Dr. Wiryanto, Jin Wook S.H., Kim M.Hum. ❏ Volume 4, Number 2 Volume Referencing International Human Rights Law in Indonesian Constitutional Adjudication Bisariyadi ❏ Constitutional Retrogression in Indonesia Under President Joko Widodo’s Government: What Can the Constitutional Court Do? Abdurrachman Satrio ❏ ❏ Harmonization of Regulation Based on Pancasila December 2018 Values Through the Constitutional Court of Indonesia Tedi Sudrajat PUBLISHED BY CENTER FOR RESEARCH AND CASE ANALYSIS AND LIBRARY MANAGEMENT THE CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA THE CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA TEH CONSTITUTIONAL COURT OF THE CONSTITUTIONAL COURTTHE REPUBLIC OF OF THE INDONESIA REPUBLIC OF INDONESIA Constitutional Review, Volume 4, Number 2, December 2018 CONSTITUTIONAL REVIEWEditorial Team Volume 4, Number 2, December 2018Editor-in-Chief Pan Mohamad Faiz, Ph.D. -
Onstitutional Eview
Volume 4, Number 1 ❏ May 2018 C ONSTITUTIONAL Constitutional Review Advisory Board Dr. Anwar Usman, S.H., M.H. Prof. Dr. Aswanto S.H., M.Si. DFM. R Prof. Dr.❏ Arief The Hidayat, Function S.H., of M.S.Judicial Dissent in Indonesia’s Prof. Dr. Maria ConstitutionalFarida Indrati, Court S.H., M.H. EVIEW Dr. H. Wahiduddin Simon ButtAdams, S.H., MA. Dr. I Dewa Gede Palguna, S.H. , M. Hum ❏ Filling the Hole in Indonesia’s Constitutional System: Dr. Suhartoyo,Constitutional S. H. , M.Courts H. and the Review of Regulations Dr. Manahan M.in P. aSitompul, Split Jurisdiction S.H., M. Hum Prof. Dr. SaldiTim Lindsey Isra, S.H., MPA. Prof. Dr. M.❏ Guntur Proportionality Hamzah, TestS.H., in M.H. the 1945 Constitution: Limiting Kasianur Sidauruk,Hizbut Tahrir S.H., Freedom M.H. of Assembly Dr. Wiryanto, Giri Ahmad S.H., TaufikM.Hum. ❏ Volume 4, Number 1 Volume Mainstreaming Human Rights in the Asian Judiciary Desi Hanara ❏ Revisiting Liberal Democracy and Asian Values in Contemporary Indonesia Muhammad Bahrul Ulum and Nilna Aliyan Hamida ❏ The Obligation of the Constitutional Court of Indonesia to Give Consideration in the Process of Dissolution ❏ of Societal Organizations May 2018 Putra Perdana Ahmad Saifulloh PUBLISHED BY CENTER FOR RESEARCH AND CASE ANALYSIS AND LIBRARY MANAGEMENT THE CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA THE CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA TEH CONSTITUTIONAL COURT OF THE CONSTITUTIONAL COURTTHE REPUBLIC OF OF THE INDONESIA REPUBLIC OF INDONESIA Constitutional Review, Volume 4, Number 1, May 2018 THE CONSTITUTIONAL COURTEditorial OF Team THE REPUBLIC OF INDONESIA Volume 4, Number 1, May 2018 Editor-in-Chief Pan Mohamad Faiz Managing Editors Bisariyadi CONTENTS The Function of Judicial Dissent LuthfiSitiin RosmalinaIndonesia’s Widagdo Nurhayati Eddyono Constitutional Court Oly Viana Agustine Editorial Board Simon Butt .......