Constitutional Court of Indonesia

After the completion of this first five years period, 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.

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.

In October 2013, in a move designed to improve the standards of appointment of justices to the Court following the arrest of the then-chief justice Akil Mochtar, president Susilo Bambang Yudhoyono issued a regulation-in-lieu-of-law (known as a Peraturan Pemerintah Pengganti Undang-undang or Perppu).

Under the proposed arrangements, a Constitutional Court justice is not to have had links to a political party for at least seven years and would have to undergo screening by an independent selection panel.

[7] On 16 October 2023, in response to a petition filed by a student named Almas Tsaqib Birru Re A, the court amended the Election Law to allow people under 40 years old to stand for the presidency or vice-presidency if they had experience as regional leaders.

[8] This allowed President Jokowi's oldest son and mayor of Surakarta, 36-year-old Gibran Rakabuming Raka to contest the 2024 presidential election.

This ruling attracted criticism because Chief Justice Anwar Usman is Jokowi's brother-in-law and Gibran's uncle.

[9][10] On 6 February 2024, Ganjar Pranowo stated in an interview that the Constitutional Court has committed an ethical violation together with the General Elections Commission due to being involved in an acceptance of the registration of Gibran Rakabuming Raka who was registered as a vice presidential candidate in participating in the election stages.

Arief Hidayat MK
Arief Hidayat MK