Institutional Improvement of the Indonesian Constitutional Court: Based on Comparative Study with South Korea and Germany

The idea of the Indonesian Constitutional Court establishment is intended to resolve cases that are related to the constitutional issues in Indonesia. Since its establishment on 13 August 2003, many landmark decisions have been issued, which shows that the Indonesian Constitutional Court has been playing an important role in securing constitutional democracy, the rule of law, and fundamental rights. Despite its achievements that have been made through its landmark decisions, however, the Indonesian constitutional adjudication system also has been raised public comments and criticisms, some problems can be found in the organizational structure, jurisdictional limit, procedural law issues, and controversy of decisions. The aim of this thesis is to give an overall picture of the Indonesian constitutional adjudication system, as well as evaluating its role and performance by finding the problems and challenges facing by the Court. The study is conducted through a theoretical inquiry and comparative study with constitutional courts in other countries, such as South Korea and Germany. Due to the protection of fundamental rights continues to pose challenges, it is therefore imperative that the Indonesian Constitutional Court must always improve its adjudication system. In deciding the case, the constitutional justices shall be independent and impartial to enforce law and justice. To give maximum protection of fundamental rights, the Constitutional Court jurisdictions should be improved by adopting constitutional complaint and concrete constitutional review. Lastly, to secure the effectiveness of the Constitutional Court decisions, a system should be built to assure the effectiveness and enforceability of the decisions, such as giving separation of legislative calendar for those statutory legislation based upon the Constitutional Court decision.