Single title

Tasks and Challenges of a Constitutional Court in Transformation Countries: The Example of Indonesia

by Jimly Asshiddiqie, Ernst Benda, Norbert Eschborn, Dieter C. Umbach

(In Indonesian language)

Nowadays various drastic changes take place in Asia which run partially very dynamically and are based on different factors. Above all, the so-called Tiger States of East and Southeast Asia experienced a huge economic upturn in the past which caught the interest of the western world. The trend of “juridification” (in terms of legal security and legal clearness) is seen there, primarily, as a condition on a promising economic development.

It appears that the Asian countries are in search of a practicable formula how to meet claims of a state under the rule of law from other parts of the world by concurrent protection of their national particularities.

For example it can be observed that the judiciary’s independence is more and more picked out as a central theme and is partially explicitly demanded. The absence of well-balanced systems of the mutual power control (checks and balances) is increasingly seen as an obstacle to development.

Essentially such considerations comes either from discussions about a constitutional reform or from the aspiration according to constitution to let the order be effective in the constitutional reality.

In Indonesia a constitutional court was established in 2003. However, such steps still reach no model function; for now, they remain referring on the respective country and must prove themselves in practice. The present book with lectures, among others, of the former president of the German Federal Constitutional Court, Prof. Dr. Ernst Benda, examines with the help of typical subjects some basic tasks and challenges to a constitutional court in a transformation country at the example of Indonesia.

Excerpts from the contents:

  • Foreword (Prof. Dr. Jimly Asshiddiqie, Chairman of the Constitutional Court of the Republic of Indonesia, MKRI)

  • Dieter C. Umbach: A European history of success: Constitutional courts - some theoretical aspects

  • Ernst Benda: Implementing the Constitutional Court’s verdicts

  • Ernst Benda: The relationship between the Constitutional Court and the Supreme Court

  • Ernst Benda: The relationship between the Constitutional Court and the Media

  • Norbert Eschborn: Why is development cooperation important in the area of legal reform and what should it look like?

In the area of the legal reform KAS has been known for a long time by its cooperation with constitutional courts in transformation countries throughout Asia. In Indonesia the foundation was the very first international organization which conducted a regional conference on the subject of "the Role of Constitutionalism in Asia" together with the MKRI one month after the establishment of the constitutional court in September 2003. Since then KAS and MKRI work closely together within the scope of regional conferences, researches, publications of research results and discussions with German legal experts.