The Decline of Judicial Activism in Constitutional Court Rulings (Indonesian)

This document is the Executive Summary of the Constitutional Court (MK) Performance Report for the period from August 2014 to August 2015, published by the SETARA Institute. The report highlights the main theme of “The Weakening of Judicial Activism in Constitutional Court Rulings”.

This document was prepared to evaluate 135 decisions of the Constitutional Court during that period in order to assess the extent of progress made in fulfilling citizens’ constitutional rights and consolidating constitutional law. In addition, this summary critiques several deviant practices carried out by the Constitutional Court, such as ruling on cases ultra petita (ruling beyond what was requested), the unaccountable use of open legal policy arguments, and the Court’s tendency to act as a positive legislator. In the concluding section, this document also outlines the Constitutional Court’s most significant challenges ahead, one of which is handling disputes arising from the simultaneous regional elections at the end of 2015.