Blog of the International Journal of Constitutional Law

Tag: Indonesia

  • After the Indonesian 2024 General Election: What Went Wrong With Indonesian Democracy?

    –Stefanus Hendrianto, Pontifical Gregorian University On March 20th, 2024, the Indonesian Election Commission officially declared that the Defense Minister Prabowo Subianto won the Presidential Election, which took place on February 14, 2024. The result might not be shocking because Prabowo had maintained a lead in the pre-election survey.

  • Symposium on Constitutional Struggles in Asia: Introduction

    [Editor’s Note: In light of recent constitutional (or some may say, unconstitutional) developments, I-CONnect is pleased to feature this timely symposium examining constitutional struggles in Asia. This introduction will be followed by five posts exploring and contextualizing constitutional struggles in five countries in Asia.]

  • Not #LoveWins: On the Indonesian LGBT Case

    –Stefanus Hendrianto, Boston College On December 14, 2017, the Indonesian Constitutional issued a long awaited decision on a petition to outlaw extramarital and gay sex.[1] In a 5-4 decision, the Court declared that it has no authority to ban sex outside marriage, including a ban on homosexual relationships. 

  • The Strange Case of Dr. Jokowi and Mr. Hyde: Religious Freedom at the Crossroads in Indonesia

    –Stefanus Hendrianto, University of Notre Dame Since the 2014 election in Indonesia, many have highlighted the rise of President Joko Widodo, commonly known as Jokowi, who came from a humble beginning to beat an establishment figure in Indonesia.[1] One of the highlights of Jokowi’s meteoric rise is his record among religious minorities.

  • The Jokowi Presidency so Far: Increasing Disregard of Indonesian Constitutionalism?

    —Stefanus Hendrianto, Santa Clara University School of Law It is still fresh in our memory that the election of President Joko Widodo in 2014 was hailed internationally. Here was a down to earth politician who seemed to do a credible job in his short term as governor of Jakarta.

  • Indonesia’s Constitutional Conundrum: The Weak Presidency, the Strong Opposition and the Regional Elections Law

    —Stefanus Hendrianto, Santa Clara Law When Indonesia’s parliament passed a new law scrapping direct local elections on September 26, 2014, critics believed that the law was a setback for the world’s third-largest democracy. Many people have blamed the losing presidential candidate Prabowo Subianto and his Red-White opposition Coalition for pushing an agenda to get governors, heads of district (Bupati), and mayors to be elected by local parliaments.

  • Can Indonesia Learn From the Thai Constitutional Court?

    —Stefanus Hendrianto, Santa Clara University School of Law The political drama of the 2014 Indonesian presidential election has ended with the recent Constitutional Court decision to reject the complaint of the defeated presidential candidate Prabowo Subianto and declare that his rival, Joko Widodo, will be the next Indonesian president.

  • The Indonesian General Election and the “Weak” Constitutional Court

    —Stefanus Hendrianto, Santa Clara University May 2014 was quite a month in Indonesian constitutional politics. On May 19th, 2014, the Indonesian Constitutional Court stripped out its own authority to review regional election disputes involving heads of government. On the following day, the General Election Commission closed the nomination for the 2014 presidential election.

  • Indonesian Constitutional Court Rejects Blasphemy Law Case

    —Melissa Crouch, National University of Singapore In April 2013, the Indonesian Constitutional Court rejected a challenge to the constitutionality of the Blasphemy Law (although the court decision was only made publically available in September 2013). As I argued previously, this was the most likely outcome, given the weak constitutional nature of the arguments raised and the failed challenge to the Blasphemy Law in 2010 (‘Case 1’).

  • Indonesian Constitutional Politics

    —Fritz Siregar, University of New South Wales As an emerging democracy, Indonesia is learning how to become a democratic country. The Indonesian Constitutional Court (“the Court”) plays an important role in determining what kind of democracy Indonesia will become, because there is a gap between what the 1945 Constitution tries to achieve, and what is possible given the current political maturity of the various parties.