Ineffectiveness of Enforcement of the Constitutional Court’s Decision in Indonesia

Abstract

According to the Indonesian Constitution, the Constitutional Court holds the authority to judicial review the constitutionality of legislation, and the decision shall be final and binding. Data from the official website of the Constitutional Court shows that there is a steady increase in the number of judicial review petitions submitted to the Constitutional Court which indicated the importance of existence of the Constitutional Court in Indonesia because more people use the Constitutional Court to test the constitutionality of a norm in the legislation. But in the reality the decisions of the Constitutional Court are often ignored and not adhered to. For example, the Supreme Court has sentenced a defendant for imprisonment under articles 76 and 79 letter c of Law No. 29/2004 on Medical Practice, whereas imprisonment in that article has been declared unconstitutional by the Constitutional Court decision No. 4/PUU-V/2007. There is also a Supreme Court Circular Letter No. 7/2014 which states that the judicial review in criminal cases can only be done once, whereas the Constitutional Court has stated that the judicial review can be done more than once through the decision No. 34/PUU-X/2013. These Constitutional Court’s decisions ultimately do not have binding effect and so it will remain the detriment of society. This paper aims to understand the problems of enforcement of the Constitutional Court’s decisions in judicial review petitions, and explain about how and why these problems occurred, and what solution can be done to address this problems.



Author Information
Muhammad Tanziel Aziezi, Indonesian Institute for Independent Judiciary, Indonesia

Paper Information
Conference: ACPEL2016
Stream: Law 7. Public Law and Policy

This paper is part of the ACPEL2016 Conference Proceedings (View)
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