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Performance of the Constitutional Court of the Republic of Indonesia, 2016–2017

Book
Law and the Constitution
Inggrit Ifani, Ismail Hasani
February 14, 2018
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Summary

This document is a performance report on the judiciary in e-book format, published in August 2017 under the title “Building Constitutional Court Rulings with Character: The Constitutional Court’s Performance Report 2016–2017”. This 64-page report forms part of the Rule of Law Report Series 04, compiled by Inggrit Ifani and Ismail Hasani, and officially published by Pustaka Masyarakat Setara (SETARA Institute).

This report presents a critical evaluation and independent monitoring by civil society organisations of the performance of the Constitutional Court (MK) of the Republic of Indonesia from 2016 to 2017. The main focus of this study is to analyse the quality, consistency and ‘character’ of the rulings issued by the Constitutional Court in cases of judicial review. This document examines the extent to which the Constitutional Court’s rulings are able to uphold the principle of the rule of law, protect the fundamental rights of citizens guaranteed by the constitution, and maintain socio-political balance in order to realise an independent and accountable judicial institution.

Table of Contents

CHAPTER I: Introduction
CHAPTER II: Monitoring Methodology and Analysis Variables
CHAPTER III: Evaluation Findings and Analysis of the Constitutional Court’s Rulings 2016–2017
CHAPTER IV: Critical Observations on Institutional Structure and Judicial Integrity
CHAPTER V: Conclusions and Policy Recommendations