Tag: Indonesian Constitutional Court
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Hellerstedt and Standing: A Comparative View
—Stefanus Hendrianto, University of Notre Dame The issue of standing appears to be relatively marginal in comparative constitutional law, because comparative constitutional scholars tend to see standing as a technical issue. For instance, in analyzing the recent U.S. Supreme Court decision, Whole Women’s Health v Hellerstedt,[1] many legal analysts have missed an important aspect of…
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The “Ethics” of the Indonesian Constitutional Court: How Low Can It Go?
–Stefanus Hendrianto, University of Notre Dame More than a decade since its inception, the four prior Chief Justices of the Indonesian Constitutional Court are all either disgraced or in prison. Considering the fates of his predecessors, one presumed that the current and fifth Chief Justice of the Indonesian Constitutional Court, Arief Hidayat, would be more…
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The Jokowi Presidency so Far: Increasing Disregard of Indonesian Constitutionalism?
—Stefanus Hendrianto, Santa Clara University School of Law It is still fresh in our memory that the election of President Joko Widodo in 2014 was hailed internationally. Here was a down to earth politician who seemed to do a credible job in his short term as governor of Jakarta.
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Video Interview: Developments in Indonesian Constitutional Law Featuring Stefanus Hendrianto
–Richard Albert, Boston College Law School In this latest installment of our new video interview series at I-CONnect, I interview Stefanus Hendrianto on developments in Indonesian constitutional law. In the interview, we discuss the adoption of the Indonesian Constitution, the creation of the Indonesian Constitutional Court, the current and former Chief Justices, the new President of Indonesia, as…
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The Indonesian Constitutional Court in Crisis over the Chief Justice’s Term Limit
—Stefanus Hendrianto, Santa Clara University On January 12, 2015, the Indonesian Constitutional Court Justices unanimously elected Arief Hidayat, a lesser-known academic from Diponegoro University, as the new Chief Justice. After his inauguration, Hidayat stated that “the process [of election] was very smooth.”
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The Indonesian General Election and the “Weak” Constitutional Court
—Stefanus Hendrianto, Santa Clara University May 2014 was quite a month in Indonesian constitutional politics. On May 19th, 2014, the Indonesian Constitutional Court stripped out its own authority to review regional election disputes involving heads of government. On the following day, the General Election Commission closed the nomination for the 2014 presidential election.
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Indonesian Constitutional Court Rejects Blasphemy Law Case
—Melissa Crouch, National University of Singapore In April 2013, the Indonesian Constitutional Court rejected a challenge to the constitutionality of the Blasphemy Law (although the court decision was only made publically available in September 2013). As I argued previously, this was the most likely outcome, given the weak constitutional nature of the arguments raised and…
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The Indonesian Constitutional Court at a Tipping Point
—Stefanus Hendrianto, Santa Clara University On Wednesday, October 2, 2013, the Corruption Eradication Commission (Komisi Pemberantasan Korupsi – KPK) arrested Akil Mochtar, the Chief Justice of the Indonesian Constitutional Court, for alleged bribery. The spokesperson of the Commission said that the alleged bribery was linked to a regional election dispute case.