Grands colloques - Les Cours constitutionnelles, garantie de la qualité démocratique des sociétés ? - 165

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LES COURS CONSTITUTIONNELLES

Ladies and Gentlemen,
Since the Independence of Indonesia in 1945, the founding fathers of
Indonesia was committed to establishing the state using the principles
of democracy and the rule of law. The manifestation of the commitment of the establishment of a state based on the law is contained in the
fourth paragraph of the Preamble of the Indonesian Constitution (the
Indonesian Constitution: 1945 Constitution) that reads, "... Indonesia's
National Independence shall be laid down in a Constitution of the State of
Indonesia...." The formulation indicates that the state of Indonesia shall
be run under the constitution as the basic law of the state.
The concept of a state of law certainly has consequences, such as the
existence of state institutions that serve as judicial authorities charged with
enforcing the state law. The executors of this judicial powers are formulated in Article 24 paragraph (1) of the 1945 Constitution, which reads,
"The judicial powers shall be independent with the authority to organize
the judicature in order to uphold law and justice." Under this provision,
there is a very clear sense that the judicial powers must be institutionally
independent and should not be influenced by any power, be it executive or
legislative. Similarly, functionally, justices as judicial authorities must have
independence in carrying out the duties and authorities granted to them.
The Constitutional Court of the Republic of Indonesia, which was established in 2003, is one of the judicial authorities in addition to the Supreme
Court, with independent powers in exercising its authorities and duties.
Based on Article 24C paragraphs (1) and (2) of the 1945 Constitution, the
Constitutional Court has the authority to: 1) review the law against the
Constitution; 2) decide disputes on the authority of state institutions whose
authorities were granted by the 1945 Constitution; 3) decide the dissolution of political parties; 4) decide disputes concerning election results
(Presidential and Vice Presidential Election, as well as General Election of
Legislative Members at the central and regional levels); and 5) decide upon
the opinion of the House of Representatives regarding alleged violations
by the President and/or Vice President under the Constitution.
To carry out its authority, the Constitutional Court is comprised of
9 constitutional justices nominated by the three elements of branches of
the state power, namely 3 justices by the Supreme Court, 3 justices by
the House of Representatives, and 3 justices by the President. The three
elements of the branches of state power represent the three main branches
of state power that merge within the Constitutional Court of Indonesia.
However, even though the constitutional justices were nominated by the
three branches of state power, it does not mean that the elected constitutional justices are structurally and functionally bound to the branches

Grands colloques - Les Cours constitutionnelles, garantie de la qualité démocratique des sociétés ?

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