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Constitutional Court of Indonesia

Constitutional Court of the Republic of Indonesia
Mahkamah Konstitusi Republik Indonesia
National emblem of Indonesia Garuda Pancasila.svg
Established 13 August 2003
Country Indonesia
Location Jakarta
Composition method 3 nominated by DPR, 3 by the President, 3 by the Supreme Court, and Presidential appointment.
Authorized by Constitution of Indonesia
Judge term length Five years
renewable once
No. of positions 9
Website www.mahkamahkonstitusi.go.id
Chief Justice of the Constitutional Court of Indonesia
Currently Arief Hidayat
Since 14 January 2015

The Constitutional Court of the Republic of Indonesia (Indonesian: Mahkamah Konstitusi Republik Indonesia) was established as a consequence of the third amendment to the Constitution of Indonesia, ratified by the People's Consultative Assembly on 9 November 2001

Between the adoption of the third Constitutional amendment and the establishment of the Constitutional Court, the duties of the Constitutional Court were carried out by the Supreme Court.

In August 2003, the People's Consultative Assembly passed the Constitutional Court Act (Law No 24 of 2003) and the nine justices were appointed on 15 August. They were sworn in the following day. On 15 October 2003, the Supreme Court handed over authority, marking the start of the Constitutional Court's activities. The nine founding judges were:

For the first time, a prominent scholar who was actively involved in the process of discussing amendments to the Indonesian constitution and with the introduction of the idea of the constitutional court, Prof. Dr Jimly Asshiddiqie was elected the first chief judge (2003–2006). With the successful completion of his first period on the court, he was then re-elected as the chief judge for a second term of 2006-2009. He resigned from the court after finishing his first five-year term of office. After the completion of this first five years periode, the Constitutional Court has been considered one of the icon of Indonesian reform success story, together with the Anti Corruption Eradication Commission. The leadership of the court continued under Prof. Dr Mohammad Mahfud, a senior politician of National Awakening Party and member of parliament.

The constitutional court has five jurisdictions:

With the establishment of the court, the aim is to safeguard democracy and the constitution according to the principle of rule of law, and the constitutional rights of the people and human rights can be protected accordingly. The high-profile performance of the constitutional court has made it a respected institution in Indonesia. During the general election and the first presidential election in 2004, the role taken by the constitutional court was widely appreciated by the people. Many landmark decisions have been made in the fields of politics, social, and economic law since its first year of establishment. The rehabilitation of the political rights of former members of communist party, the prohibition of retroactive law of anti-terrorism, the abolition of articles of subversive law and of defamation against presidential institution, etc., are among the landmark decisions which made it influential in guiding the new democracy of Indonesia. Public interest in the court has included discussion of the appointment processes of judges; the delineation of responsibilities between the Constitutional Court and other parts of the legal system; and overall approach that the Court has taken to the issues that it has considered.


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