1.

Record Nr.

UNINA9910788133203321

Autore

Butt Simon

Titolo

The constitutional court and democracy in Indonesia / / by Simon Butt

Pubbl/distr/stampa

Leiden, The Netherlands : , : Koninklijke Brill, , 2015

©2015

Descrizione fisica

1 online resource (348 pages)

Disciplina

347.598/035

Soggetti

Constitutional courts - Indonesia

Judicial power - Indonesia

Election law - Indonesia

Democracy - Indonesia

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Description based upon print version of record.

3.1 Critique of the Bibit and Chandra Injunction case (2009).

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

Preliminary Material -- Introduction -- Establishment of the Constitutional Court -- The Structure of the Court: Judges, Access, Decision-making and Enforcement -- External Constraints: The Constitution and the Legislature -- Court-imposed Constraints -- Jurisdictional Expansion -- Indonesian Elections: Systems, Laws and Scope for Challenge -- Legislative Elections -- Presidential Elections -- Electoral Disputes before the Constitutional Court: Between ‘Mahkamah Kalkulator’ and ‘Substantive Justice’ -- Conclusions -- Bibliography -- Index.

Sommario/riassunto

The Constitutional Court and Democracy in Indonesia provides detailed, English-language analysis of Indonesia's Constitutional Court. Established in 2003, the Court has been at the forefront of democratic reform in Indonesia, shaping the rules under which Indonesian elections are run, enforcing democracy-related rights, and resolving hundred of electoral disputes. The Court has established itself as an accessible and largely professional body that actively and independently performs its functions and one which does not shy away from difficult cases. It has earned the respect of Indonesian citizens and members of government who comply with the Court's decisions as



a matter of course, despite the Court's lack of official enforcement powers. Many of the Court's decisions have been controversial, yet criticism has focused on the perceived unfairness of the outcomes. This book seeks to forge a new path in this debate by offering a balanced critique of the Constitutional Court's jurisprudence and decision-making practices.