Upload
madjid-bati
View
229
Download
0
Embed Size (px)
Citation preview
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 1/273
Upholdingthe Constitutional Democratic State
THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF INDONESIA
ANNUAL REPORTOf the Constitutional Court
2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 2/273
ANNUAL REPORT 2011
Upholding
the Constitutional Democratic State
THE CONSTITUTIONAL COURT OFTHE REPUBLIC OF INDONESIA
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 3/273
Annual Report of the Constitutional Court 2011ii
Visi
Tegaknya konstitusi dalam rangka
mewujudkan cita negara hukum
dan demokrasi demi kehidupan
kebangsaan dan kenegaraan yang
bermartabat.
Misi
1. Mewuj udkan Mahk amah
Konstitusi sebagai salah satu
pelaku kekuasaan kehakiman
yang modern dan terpercaya.
2. Membangun konstitusionalitasIndonesia dan budaya sadar
berkonstitusi.
VISI AND MISI
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 4/273
Annual Report of the Constitutional Court 2011 iii
menguji undang-undang terhadap Undang-Undang Dasar.•
memutus sengketa kewenangan lembaga negara yang kewenangannya•
diberikan oleh Undang-Undang Dasar.
memutus pembubaran partai politik.•
memutus perselisihan tentang hasil pemilihan umum; dan•
memeriksa, mengadili, dan memutus pendapat DPR bahwa Presiden•
dan/atau Wakil Presiden telah melakukan pelanggaran hukum berupa
pengkhianatan terhadap negara, korupsi, penyuapan, tindak pidana berat
lainnya, atau perbuatan tercela; dan/atau pendapat bahwa Presiden dan/
atau Wakil Presiden tidak lagi memenuhi syarat sebagai Presiden dan/atau
Wakil Presiden.
AUTHORITYAND OBLIGATION
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 5/273
Annual Report of the Constitutional Court 2011iv
Upholding the Constitutional Democratic StateAnnual Report of the Constitutional Court of the Republic of Indonesia 2011
Jakarta: Secretariat General and Registrar’s Office of the Constitutional Court, xxiv + 246 pages; 21 × 29.7 cm
First Print, January 2012
Publisher
Secretariat General and Registrar’s Of ce of the Constitutional Court
Jl. Medan Merdeka Barat No. 6 Jakarta 10110Telp. (62-21) 23529000, Fax. (62-21) 3520177
PO BOX 999 JKT 10000email: [email protected]
www.mahkamahkonstitusi.go.id
NOT FOR
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 6/273
Annual Report of the Constitutional Court 2011 v
Table of Contents
Footsteps
Message from the PublisherMessage from the Chief Justice of the Constitutional Court of the Republic of Indonesia
Profile of the Constitutional Court Justices
Introduction
Authority of the Constitutional Court and the Constitutional Democratic State
• Constitutional Court Uphold the Constitutional Democratic State
• Case Management Statistics
Maintaining the Integrity of the Cons tu onal Court
• Accountability of the Judicial Institution
• Transparency of the Judicial Institution
• Bureaucratic Reform
Developing the Synergy of the Cons tu onal Court, Research, and Pancasila Educa on
• The Synergy of the Constitutional Court
• Strengthening Research and Development
• Education of Pancasila, Constitution, and Procedural Law on the Constitutional Court
Dynamics of the Cons tu onal Court
• Consolidation of the Constitutional Court Justices
• Internal Activities of the Constitutional Court Justices
• Development of the Support of General and Judicial Administration of the Constitutional Court
Financial Accountability
Closing
Appendices
Academic titles and military ranks are not included in Introduction up to Appendix of this book.
v
vi
xixiii
xv
1
4
5
47
82
83
94
106
120
121
136
155
176
177
180
191
194
200
202
TABLE OF CONTENTS
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 7/273
JANUARY 12The Constitutional Court granted the petition for
judicial review of Article 184 paragraph (4) of LawNo 27/2009. Quorum requirement of ¾ presenceand approval for the right to express opinionsof the People’s Legislative Assembly is declaredunconstitutional and without any binding effect bythe Constitutional Court. The Constitutional Courtalso stated that Law no. 6 Year 1954 concerningthe Stipulation of the right to Inquiry of the People’sLegislative Assembly has no binding effect.
JANUARY 13The Constitutional Court and PT INTI signed amemorandum of understanding on e-Perisalah andthe launching of e-procurement services.
JANUARY 10Coordination meeting of the Constitutional Court,
the Supreme Court, and the National Police of theRepublic of Indonesia agreed to confirm to thepublic that decisions of the Constitutional Courtcould not be heard by other courts.
JANUARY 13The Constitutional Court and the National Archives
of the Republic of Indonesia signed a memorandumof understanding on the management of statearchive/document salvage & preservation.
JANUARY 16-18Chief Justice of the Constitutional Court, Moh. Mahfud
MD and Vice Chief Justice of the ConstitutionalCourt Harjono attended the 2nd Congress of theWorld Conference on Constitutional Justice heldby the Venice Commission in cooperation with theFederal Supreme Court of Brazil in Rio de Janeiro,Brazil.
FOOTSTEPSOF THE CONSTITUTIONAL COURT
2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 8/273
JANUARY 30Employees of the Secretariat-General and Registrar’sOffice of the Constitutional Court signed the IntegrityPact and Performance Contract 2011.
FEBRUARY 24
The Constitutional Court decided that the age limitof a child who can be held for criminal liabilityshall be 12 years old. Minimum age limit of 12
years would provide more assurance of the rights ofchildren to growth, development and protection.
MAY 2In collaboration with Gadjah Mada University ofYogyakarta, the Constitutional Court held a NationalSeminar on “Implementation of Pancasila values inUpholding the Constitutionality of Indonesia”.
FEBRUARY 1Kasianur Sidauruk was inaugurated as Registrarof the Constitutional Court replacing Zainal ArifinHoesein who retired in 2010.
MARCH 4
Secretary General of the Constitutional Court JanedriM. Gaffar signed a memorandum of understandingwith the deans of the Faculties of Law of five stateuniversities i
MAY 24The Constitutional Court hosted the Meeting ofHeads of State Institutions meeting attended byPresident Susilo Bambang Yudhoyono and sevenother leaders of the high state institutions. Themeeting agreed on the need for reform in all fields,especially in the fields of law and politics, as well asreinforced Pancasila.
FEBRUARY 11Chief Justice of the Constitutional Court, Moh.Mahfud MD, announced the result of the work ofHonorary Council of Justices (MKH) in relationto the findings of the Investigation Team of theConstitutional Court.
MARCH 7The Constitutional Court won the award ofPerformance Accountability of Central GovernmentInstitution 2010 from the Ministry of AdministrativeReform and Bureaucratic Reform.
MAY 27The Constitutional Court organized Quiz Competitionon the Comprehension of the 1945 Constitution forJunior High School of Sight-Disabled Students inIndonesia.
FEBRUARY 11M. Arsyad Sanusi resigned as constitutional court
justice.
APRIL 6Anwar Usman officially replaced M. Arsyad Sanusi
after having his oath taken as constitutional court justice at the State Palace, Jakarta. Anwar wasappointed by Presidential Decree No. 18/P Year 2011stipulated by the President on March 28, 2011.
JUNE 16The Constitutional Court revoked the articles
regulating Coastal Waters Concessions (HakPengusahaan Perairan Pesisir/HP3) in Law number27 of 2007 concerning the Management of CoastalAreas and Small Islands.
FEBRUARY 24The Constitutional Court granted the petition for
judicial review of Article 31 paragraph (4) of Law11/2008 concerning Electronic Information andTransactions. The Constitutional Court declared itinappropriate for the interception problem to beregulated in a Government Regulation and that itshall be regulated in a Law.
APRIL 13 A total of 20 employees were inaugurated as
structural officials of the Constitutional Court.
JUNE 20The Constitutional Court declared that the Substitute
Leader of the Corruption Eradication Commissionshall serve the office for 4 years.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 9/273
JUNE 21Chief Justice of the Constitutional Court, Moh.Mahfud MD was accompanied by the Head ofthe Investigation Team of the Constitutional Court,Abdul Mukthie Fadjar, the Secretary General ofthe Constitutional Court Janedjri M. Gaffar andthe Registrar of the Constitutional Court KasianurSidauruk to attend the consultation meeting withthe Working Committee on General Election Mafia ofCommission II of the People’s Legislative Assemblyin relation to the reports on the forgery of theConstitutional Court’s letter.
JULY 11-13 The Constitutional Court held the InternationalSymposium of the Constitutional Court of theRepublic of Indonesia with the theme “ConstitutionalDemocratic State” which was attended by 23countries.
AUGUST 18
Moh. Mahfud MD was re-elected as Chief Justiceof the Constitutional Court for 2011 - 2014 period.The decision was made by voting followed by thenine Constitutional Court Justices in the PlenaryCourtroom of the Constitutional Court Building.
JUNE 24 The Constitutional Court obtained an UnqualifiedOpinion (WTP) from the Audit Board (BPK) for thefifth time for the Audit Result Report (LHP) 2010.
JULY 29
Achmad Edi Subiyanto, Eri Satria Pamungkasand Yunita Ramadhani pronounced their oath assubstitute Registrars of the Constitutional Court.
AUGUST 22
Elected Chief Justice of the Constitutional Court,Moh. Mahfud MD, pronounced the oath as the newChief Justice of the Constitutional Court for the2011 - 2014 period in the Plenary Courtroom of theConstitutional Court Building.
JUNE 27The Constitutional Court declared Article 108paragraph (1) of Law No 36 of 2009 concerningHealth inconsistent the 1945 Constitution. Thusthe village paramedics in Indonesia may servethe community just like doctors/pharmacists inemergency situations.
AUGUST 4The Constitutional Court declared Article 51paragraph (1a) of Law No. 2 Year 2011 concerningthe Amendment to Law No. 2 Year 2008 concerningPolitical Parties without any binding legal forceinsofar as it does not interpreted in such a waythat the verification of political parties formed afterthis Law shall be conducted no later than 2.5 yearsbefore the election day in order to participatefor the first time in the general election after therelevant political parties were was established andbecame legal entities.
AUGUST 23 The Constitutional Court declared the restrictionon establishment of institutions with the nameombudsman by any institution other than theOmbudsman of the Republic of Indonesia (ORI) inArticle 46 of Law Number 37 Year 2008 concerningORI and Article 1 sub-article 13 of Law No 25 Year2009 concerning Public Service inconsistent withArticle 28D paragraph (1) of the 1945 Constitution.
JULY 1 Students of Gadjah Mada University (UGM) Yogyakarta
were the first winner of the Constitutional DebateCompetition for National Universities 2011. Thesecond winner was Andalas University (Unand) ofPadang, while the third winner was North SumatraUniversity (USU) of Medan.
AUGUST 8The Constitutional Court declared Article 1 sub-article 26 and sub-article 27, Article 65, Article 116
paragraph (3) and paragraph (4), as well as Article184 paragraph (1) sub-paragraph a of Law No. 8Year 1981 Concerning Criminal Procedure Codeinconsistent with the 1945 Constitution. Based onthe decision of the Constitutional Court, witnessesfor defense shall be examined.
AUGUST 24All employees of the Constitutional Court attended
the declaration of the zone of anti-corruptioncommitment and commitment to defend theUnqualified Opinion on the financial statements ofthe Constitutional Court.
JULY 4The Constitutional Court granted the petition of 14small political parties not to follow the verification
process as legal entities in order to participate inthe 2014 General Election.
AUGUST 12 The Constitutional Court held the Ceremony forthe Commemoration of the 8th Anniversary ofthe Constitutional Court in the front yard of theConstitutional Court Building, led by the Inspector ofthe Ceremony, the Chief Justice of the ConstitutionalCourt, Moh. Mahfud MD.
AUGUST 24The Constitutional Court in cooperation with the
Audit Board (BPK) launched the e-Audit.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 10/273
SEPTEMBER 19 The Constitutional Court won the Highest StandardAchievement Award in Accounting and FinancialReporting of the Government Year 2011 from theMinistry of Finance.
OCTOBER 18The Constitutional Court nullified ten articles in the
judicial review of Law No. 8 Year 2011 concerningAmendment to Law Number 24 Year 2003 concerningthe Constitutional Court. The regulations related tothe injunction, the term of service of constitutionalcourt justices, membership of the Honorary Councilof Justices of the Constitutional Court, touchstoneof the judicial review of Law, procedures for theelection of the leaders of the Constitutional Courtthat restrict the authority and independence of theConstitutional Court and violate fair legal certaintywere declared unconstitutional and without anybinding legal force.
NOVEMBER 15 The Constitutional Court became the Winner of the1st Archive Unit Model of Year 2011 organized bythe National Archives of the Republic of Indonesia.
SEPTEMBER 29The Constitutional Court partly granted the petitionfor judicial review of Law Number 20 Year 2003concerning National Education System under the1945 Constitution. The word “may” become “must”for the state to assist with technical financing ineducational institutions without discrimination, bothpublic and private, especially in primary education inArticle 55 paragraph (4) of the National EducationSystem Law.
NOVEMBER 1
The Constitutional Court granted the judicial reviewof Law Number 36 Year 2009 concerning Healthpartly. The Constitutional Court removed the word‘may’ in Article 114 of the Health Law that wasdeemed confusing because the health warning ontobacco products could be given in two alternativesnamely in writing or drawing.
NOVEMBER 25The Constitutional Court, Ministry of Education andCulture, and Ministry of Religious Affairs granted theConstitution Awards to 9 Civic teachers (PKn) withAchievement at National Level 2011.
SEPTEMBER 29The Constitutional Court granted the petition forJudicial Review of Law No. 21/2001 that was
amended concerning Special Autonomy for PapuaProvince (Case No. 29/PUU-IX/2011) in its entirety.The consideration and approval of MRP concerningthe status of a person as an indigenous Papuan whowould be candidate for governor/vice governor shallbe based on the recognition and indigenous tribe inPapua from which the candidates of Governor/ViceGovernor concerned are.
NOVEMBER 2 The Constitutional Court passed a provisionalinjunction ordering the Independent ElectionCommission (KIP) of Aceh to re-open registration forcandidate pairs of Governor/Vice Governor, Regent/Vice Regent, and Mayor/Deputy Mayor.
NOVEMBER 29A total of 200 officers of the files and ranks of theCriminal Research Division of the National Police
of the Republic of Indonesia (Polri) from variousregions in Indonesia attended the Colloquium onEducation of Pancasila and Procedural Law of theConstitutional Court.
SEPTEMBER 29The Constitutional Court declared Article 109paragraph (3) of Law No. 5 Year 1986 most recentlyamended by Law no. 51 Year 2009 concerningState Administrative Court inconsistent with Article28D paragraph (1) of the 1945 Constitution of theRepublic of Indonesia. With this, the copy of theDecision shall be delivered to the parties no laterthan 14 business days.
NOVEMBER 13The Faculty of Law of Andalas University Padang
won the All-Indonesia Moot Court Competition of theConstitutional Court for University Level 2011.
DECEMBER 1 Chief Justice of the Constitutional Court, Moh.Mahfud MD accompanied by Vice-Chief Justice ofthe Constitutional Court Ahmad Sodiki received thevisit of Kurt Carroll and Kelly Buchanan from theLaw Library of Congress Washington DC, UnitedStates of America.
OCTOBER 6The Constitutional Court granted the judicial reviewof Law no. 18 Year 2009 concerning Livestockand Animal Health partly. The Constitutional Courtdecided Article 58 paragraph (4) of Law No.18 Year2009 concerning Livestock and Animal Health withoutany binding legal effect throughout the phrase “...shall be accompanied by veterinary certificates andhalal certificate” in the event that is interpreted asrequiring halal certificate for animal products thatare surely not permitted.
NOVEMBER 14 - 18Training of Trainers of the Agent of Change of
the Gratification Control Program by the SecretariatGeneral and Registrar’s Office of the ConstitutionalCourt in cooperation with the Corruption EradicationCommission (KPK).
DECEMBER 8The Constitutional Court held the “Workshop onPancasila, the Constitution, and the ConstitutionalCourt’s Procedural Law” attended by 64 employeesof the Secretariat General and Registrar’s Office ofthe Constitutional Court.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 11/273
Annual Report of the Constitutional Court 2011x
MESSAGE FROM
THE PUBLISHER
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 12/273
Annual Report of the Constitutional Court 2011 xi
MESSAGE FROM THE
PUBLISHER
The publication of annual report books
has become the regular activities
carried out since 2004, or one year
after the Constitutional Court was established.
In each publication, the Annual Report of
the Constitutional Court continues to change
and improve in presenting series of activities,
duties, and authorities taking place in the
Constitutional Court. The same goes with
the “Annual Report 2011” book that takesthe theme of “Upholding the Constitutional
democratic state“.
This “Annual Report 2011 of the Constitutional
Court” book is, in essence, the accountability
of the Constitutional Court which contains
the report on the performance of this state
institution throughout 2011. Some of them
cover the efforts of the Constitutional Court
in maintaining integrity, developing synergy,
dynamics, up to financial accountability.
The part which is not less important in this
book is the implementation of the authority
of hearing cases of Judicial Review of Law
(PUU) and Dispute over the Results of General
Election (PHPU) of the Regional Head, as
well as cases of Dispute over the Authority
of the State Institutions (SKLN). We present
some important decisions during 2011 at the
beginning without reducing the significance of
other decisions. This book has also updated
the profile of the constitutional court justices
who serve in 2011. In addition, various
data concerning the general and judicial
administration support of such as case study,
media coverage, publication of decisions, and
scientific activities are also presented in this
book.
For the Constitutional Court, this “Annual
Report 2011 of the Constitutional Court”
book becomes so important considering
Article 13 of Law no. 24/2003 concerning the
Constitutional Court. That Article provides that
the Constitutional Court shall publish periodicreports to the public openly concerning the
petitions registered, examined and decided
upon, and reports on the management of
financial and other administrative duties.
In conclusion, we would like to thank Chief
Justice of the Constitutional Court of the
Republic of Indonesia, Mr. Prof. Dr. Moh.
Mahfud MD, S.H. who has been pleased to
deliver a message. Not to forget, we also
would like to thank all parties who contributed
to the preparation of this book for their hard
work in making this book reach the hands of
the readers.
We hope that the book which is distributed
free of charge to various groups can be
beneficial.
Jakarta, December 31, 2011
Secretary General of the Constitutional
Court,
Janedjri M. Gaffar
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 13/273
Annual Report of the Constitutional Court 2011xiv
MESSAGE FROMTHE CHIEF JUSTICE OF THE CONSTITUTIONAL COURT
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 14/273
Annual Report of the Constitutional Court 2011 xv
MESSAGE FROM
THE CHIEF JUSTICE OF THE
CONSTITUTIONAL COURT
In accordance with the principle of people’ssovereignty carried out according to theConstitution, any authority given by the
Constitution to a state institution comes fromthe highest sovereignty held by the people.Therefore, each institution has the obligationto account for the implementation of thatauthority to the people.
One of the forms of that accountability isto provide information on the performance
of the state institution, from the qualitativeand quantitative aspects, including theimplementation of the authority, organizationalactivities and development, human resourcemanagement as well as budget management.That accountability is also a form oftransparency to prevent abuse of authorityand to allow for control by the publicaccording to the principle of clean andauthoritative government.
Throughout 2011 there were manyimportant events taking place in relationto the implementation of authority of theConstitutional Court. Events that become partof the routines were hearings for cases ofJudicial Review of Law (PUU) and Disputeover the Results of General Election (PHPU)of Regional Head as well as cases of Disputeover Authority of the State Institutions (SKLN).In hearing such constitutional cases, theConstitutional Court has played a role inupholding a constitutional democratic statein accordance with the rules outlined in the1945 Constitution of the Republic of Indonesia.
Just recording some of the decisions passed,
in 2011, the Constitutional Court granted thepetition for judicial review of Law No. 8 Year2011 concerning Amendment to Law No.24Year 2003 concerning the Constitutional Court.The provision on the prohibition from passingultra petita decisions, prohibition from usinglaws as the basis for legal consideration,that the People’s Legislative Assembly andthe President would follow up the decisionsof the Constitutional Court if necessary,procedures for electing the leader of theConstitutional Court with “one meeting andone package”, membership of the HonoraryCouncil of Justices of the ConstitutionalCourt with the inclusion of the elements
of the People’s Legislative Assembly, theGovernment and Supreme Court justices, andother provisions were declared unconstitutionaland not binding. Moreover, the ConstitutionalCourt granted the judicial review of theconstitutionality of the Law No. 18 Year 2004concerning Plantation filed by the farmers.The decision was expected to end thecriminalization of farmers due to the legaluncertainty of these articles. In relation tothe cases of the Dispute over the Resultsof General Election of the Regional Head,for several times the Constitutional Courtalso granted the petitions with breakthroughinjunctions that considered the quality andstage of violations of the General Election ofRegional Head still prevalent in many areas.
Besides hearings, one of the highlightedactivities in 2011 was the InternationalSymposium to welcome the 8th anniversaryof the Constitutional Court. The symposiumentitled “Constitutional Democratic State” wasattended by 23 countries which discussed
three relatively important sub-themes. Thefirst was the role of the Constitutional Courtand Similar Institutions in Strengthening thePrinciples of Democracy. The second wasDemocratization in the Lawmaking Process. Thelast sub-theme was the mechanism of Checksand Balances among the State Institutions.
In addition, to maintain the continuity ofthe program held in the previous year of2010, the Constitutional Court also conductedvarious activities to uphold the integrityof the institution, the development andstrengthening of institutional capacity, as well
as to encourage the growth and developmentof the culture of constitutional awareness.
Hopefully, the Annual Report 2011 of theConstitutional Court Book becomes a sourceof information that can be accessed by theentire community, as well as a mirror forthe Constitutional Court in order to workbetter in the future.
Jakarta, December 31, 2011
Prof. Dr. Moh. Mahfud MD., S.H.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 15/273
ProflHakim Konstitusi
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 16/273
Annual Report of the Constitutional Court 2011 xvii
Mohammad Mahfud MD was bornin Omben District, Sampang, Madura, on
May 13, 1957. In addition to his formaleducation at schools, since childhood hehad been educated about the religion ofIslam in the mosque and madrasah diniyyah .Graduated from Elementary School, he wentto State Religion Teacher Education (PGA) inPamekasan. In 1974, he elected to continuehis study at the State Islamic Judge Education(PHIN), a leading vocational school ownedby the Department of Religious Affairs inYogyakarta.
Graduated from PHIN, in 1978, Mahfudcontinued his education to the Faculty ofLaw, Islamic University of Indonesia (UII).At the same time he also studied atArabic Literature Department of the Facultyof Literature and Culture of Gadjah MadaUniversity (UGM) in Yogyakarta. At the Facultyof Law, Mahfud majored in ConstitutionalLaw. Since college he was actively writingin public newspapers.
Graduated from the Faculty of Lawin 1983, Mahfud worked as a lecturer athis alma mater with the status of civilservant (PNS). With the scholarship of UII hecontinued his postgraduate education at the
Ketua Mahkamah Konstitusi
Prof. Dr. Moh. Mahfud MD, S.H.
Political Science studies of UGM Yogyakarta.His doctoral degree was also obtained from
UGM with a deepening of the constitutionallaw science in only 2 years and 8 months.His promoters, Prof. Moeljarto Tjokrowinoto,Prof. Maria SW Sumardjono, and Prof. AffanGaffar, sent Mahfud to Columbia University ofNew York and Northern Illinois University ofDeKalb, United States, to conduct a literaturestudy on politics and the law for one year.He was confirmed as a professor, 12 yearssince he had served as a lecturer of UII,at the age of 41 years.
In addition to actively teaching, Mahfudhad become the Minister of Defense, theMinister of Justice and Human Rights,as well as a member of the People’sLegislative Assembly. He was inauguratedas a constitutional court justice on April 1,2008 to replace Constitutional Court JusticeAchmad Roestandi upon the recommendationof the People’s Legislative Assembly. OnAugust 19, 2008, he was elected as ChiefJustice of the Constitutional Court for theperiod of 2008-2011. Three years later, hewas re-elected to lead the ConstitutionalCourt for the second time.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 17/273
Annual Report of the Constitutional Court 2011xviii
Prof. Dr. H. Achmad Sodiki was born
in Blitar on November 11, 1944. He was a
professor of Law in the Faculty of Law of the
Brawijaya University of Malang with expertise
in the Agrarian Law, Philosophy of Law and
Theory of Law. Fields of science that he
took care of were agrarian law, history of
the development of property rights, agrarian
politics, and philosophy of law.
Sodiki finished his undergraduate
education at Brawijaya University in 1970. He
once attended Constitutional Law Training of
the Faculty of Law of Airlangga University in
1978. In addition, he also participated in the
Sandwich Program in Leiden, the Netherlands
in 1989. He achieved his doctorate of Law
Science in 1994 from Airlangga University,
Surabaya. Sodiki had also once attended
the National Resilience Institute Course in
2001.
As a lecturer, he used to serve as
Assistant Dean I of the Faculty of Law of
Brawijaya University in 1979 up to 1983.
Later, he became the Chairman of Master’s
Study Program of Law of the Faculty of Law
Vice Chief Justice of the Constitutional Court
Prof. Dr. H. Achmad Sodiki, S.H.
of Brawijaya University in 1997. Since 1998,
he became rector of the Islamic University
of Malang for two terms until 2006. At that
time, precisely in 2000, he achieved the title
of Professor of Law at Brawijaya University.
He was also active both as lecturer and as
promoter of doctoral dissertation at Brawijaya
University of Malang, Airlangga University of
Surabaya, Diponegoro University of Semarang,
Udayana University of Bali, and Mataram
University of Lombok. In addition, he was
also listed as a member of the Board of
Trustees of the National Land Management
Institute of Jogyakarta. In 2008, he was
elected as Chairman of the Cooperation
Board of Agrarian Research Center.
In 2004, Sodiki was elected as a
member of the Constitutional Commission.
He was sworn in as a constitutional court
justice for the period of 2008-2013 on
August 16, 2008 upon the recommendation
of the President. In January 2010, Sodiki
was elected and officially inaugurated as Vice
Chief Justice of the Constitutional Court.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 18/273
Annual Report of the Constitutional Court 2011 xix
Harjono was born in Nganjuk, EastJava, on March 31, 1948. After graduatingwith a junior scholar’s (sarjana muda) degreefrom the Faculty of Law, Airlangga University,Surabaya, he continued his education bytaking a bachelor of law degree at thesame university in 1977. In 1981, he finishedhis Master’ of Comparative Law Program atSouthern Methodist University in Dallas, UnitedStates. Harjono then returned to his almamater to take his doctorate degree in lawscience, in addition to working full time aseducator staff there.
His dedication to the field of law
science was realized by becoming a professorat various universities, such as the IslamicUniversity of Indonesia, Yogyakarta, SamRatulangi University (Manado), Islamic Universityof Malang, Sultan Agung Islamic Universityin Semarang, and Udayana University ofDenpasar. He also served as Dean of theFaculty of Law of Bangkalan University ofMadura. As a lecturer, he once won the titleof National Model Lecturer (1995).
Organizational activities that by Harjonoused to be involved in were, among others,
becoming an honorary member of the Center
Constitutional Court Justice
Dr. Harjono, S.H., MCL.
for Human Rights Studies, member of theNational Law Reform Consortium, and ViceChairman of the Constitutional Law/StateAdministration Law Teachers’ Associationof East Java. He was also a member ofthe Expert Team of the General Editor ofSurabaya Post Daily (1991-1993), the ExpertTeam of the Department of Justice in theFormulation of Citizenship Bill, and the ExpertTeam of Designers of the Regional Regulationof Surabaya City.
Before appointed to be a constitutionalcourt justice, Harjono was a member ofthe People’s Consultative Assembly from
the element of the Regional Representativesof East Java Province. In 2009 Harjonowas elected as Vice Chief Justice of theConstitutional Court proposed by People’sLegislative Assembly (DPR) to replace H.M.Laica Marzuki who retired, until the end ofthe period of the constitutional court justicesof the 2003-2008 period. This shadow puppetfan was re-elected to be a constitutionalcourt justice also as proposed by thePeople’s Legislative Assembly to replace JimlyAsshiddiqie who resigned.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 19/273
Annual Report of the Constitutional Court 2011xx
Maria Farida Indrati was born in Solo,
June 14, 1949. She was the only woman
who became a constitutional court justice.
Previously, she was known as a professor in
the field of legislation science. She devoted
most of her life in campus. Maria earned
her law degree in 1975. She then continued
her study on Notary Education. In 1997,
she completed her post-graduate education
in law. In 2002, she achieved her doctorate
degree. All of her academic degrees were
obtained from University of Indonesia, where
she served as a lecturer.
To enrich her skills, Maria explored Legal
Drafting Education in Leiden, the Netherlands.
In addition, she studied Legislation Process
Education (Wetgevingsproces) at the Vrije
Universiteit, Amsterdam, the Netherlands.
Furthermore, she also attended Legislative
Drafting Project Education at University of San
Francisco, School of Law Indonesia Program.
She also attended the Legislative Drafting
and The Residence Course in Legislative
Theory, Methodology and Techniques at the
Prof. Dr. Maria Farida Indrati, S.H., M.H.
Constitutional Court Justice
Boston University School of Law Boston,
United States of America.
As an expert of legislation, she used to
serve as Chairperson of Legislation Division,
Chairperson of the Legislation Committee,
Association of the Educators of Constitutional
Law and State Administrative Law since 1999,
and Member of the Formulation Team and
Member of the Harmonization Team of the
Constitutional Commission of the People’s
Consultative Assembly (MPR) of Indonesia.
At the international level, she used
to be a member of the Board of Advisors,
International Consortium on Law and
Development (ICLAD) - Boston University
Program on Legislative Drafting for Democratic
Social Change. She was also a member of
the Legal Experts’ Team of the Department
of Defense of the Republic of Indonesia, as
an expert in the design and formulation of
laws and regulations.
Maria Farida received the mandate
as a constitutional court justice for the period
of 2008-2013 upon the recommendation of
the President of the Republic of Indonesia.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 20/273
Annual Report of the Constitutional Court 2011 xxi
Justice H.M. Akil Mochtar, who was born inPutussibau, West Kalimantan, on October 18, 1960,
started his career as an advocate from 1984 upto 1999. He was later elected as a member ofthe People’s Legislative Assembly for the period1999-2004. At that time he was elected as ViceChairman of Commission III of the People’s LegislativeAssembly in charge of Law, Legislation, Human Rightsand Security.
When he was a member of the People’sLegislative Assembly, this Youngest Constitutional CourtJustice often represented the People’s LegislativeAssembly as legal counsel at the hearings in theConstitutional Court. Meanwhile, as a member ofthe People’s Consultative Assembly, he became amember of the Ad Hoc Committee I of the People’sConsultative Assembly, and then became a member ofthe Ad Hoc Committee II of the People’s ConsultativeAssembly. He was also listed as a member of theWorking Team for the Dissemination of the Decisionsof the People’s Consultative Assembly of the Republicof Indonesia.
Akil’s organizational experience got sharpenedsince he became the Leader of the OSIS atMuhamadiyah high school of Pontianak. At that timehe also became the Chairman of the MuhamadiyahStudents’ Association of Pontianak, and then hebecame a member of the Islamic Students ofIndonesia. After that, he was elected as Chairmanof Muhamadiyah High School Alumni of Pontianak,Chairman of the Students’ Senate of the Faculty of
Law of the Panca Bhakti University of Pontianak. Asa former Commander of Battalion E of the Students’
Dr. H.M. Akil Mochtar, S.H., M.H.
Constitutional Court Justice
Regiment at his alma mater, Akil was trusted to bethe Chairman of the Students’ Regiment Alumni of West
Kalimantan, in addition to Chairman of the Students’Alumni of Panca Bhakti University Pontianak.
Before becoming a Member of the People’sLegislative Assembly, Akil was the Vice Chairmanof the Level I Regional Representatives’ Council ofthe Golkar Party of West Kalimantan (1998-2003).In the lawyers’ organization, he was trusted to bethe Chairman of the Association of Indonesian LegalCounsel (IPHI) of West Kalimantan and the Secretaryof the Association of Indonesian Advocates (IKADIN)Pontianak Branch. Besides that, he was a memberof the Organization Advisory Council (MPO) of theCentral Executive Board (DPP) of Pemuda Pancasilaand member of the Indonesian Youth Council ofthe DPP of KNPI.
Akil also used to be a member of ExecutiveRegional Board of Muhamadiyah of West Kalimantan.Then, he became the Chairman of the Central ExecutiveBoard of the Youth Generation of Golkar Party. Atthe Hikmah Institute of the Central Administrators (PP)of Muhammaddiyah, he was listed as a member. Inthe field of sports he served as Chairman of theIndonesian Community Sports Federation (FOMI) ofWest Kalimantan (2006-2010) and General Chairmanof the Federasi Panjat Tebing Indonesia (FPTI) ofWest Kalimantan (2006-2009).
Akil Mochtar was elected as constitutionalcourt justice for the period 2008 - 2013 uponthe recommendation of the People’s Legislative
Assembly.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 21/273
Annual Report of the Constitutional Court 2011xxii
Muhammad Alim, who was born in
Palopo on April 21, 1945, followed the
career path as a servant of the law since
graduating from Hassanuddin University,
Makassar, in 1974. At that time he became
a Civil Servant candidate in the High Court
of Ujung Pandang. When he was a child,
he went to Sekolah Rakyat Negeri (Public
Elementary School) of Batu Sitnaduk in 1958.
He then went to Public Junior High School
of Palopo. In 1965, and finished education at
the Public Senior High School of Palopo.
In 1980, he was appointed as a judge
in the District Court (PN) of Sinjai. With his
job as a judge, he moved to the District
Court of Poso, the District Court of Serui,
the District Court of Wamena, up to the
District Court of Surabaya. He was later
promoted as a judge in the High Court
(PT) of Jambi before he was transferred to
the High Court of DKI Jakarta.
Dr. H. Muhammad Alim, S.H., M.Hum.
Constitutional Court Justice
While performing his duties as a
judge, Muhammad Alim finished his Master’s
Degree (S2) education at the Department of
Constitutional Law of the Islamic University of
Indonesia (UII), Yogyakarta, in 2001. In 2007
he achieved his doctorate degree in the field
of Constitutional Law also from UII.
He then obtained the position of Vice
Chairman of the High Court of Kendari. Shortly
afterwards, he was appointed as Chairman
of the High Court of South East Sulawesi.
That position closed his career as a judge
in the court of general jurisdiction before
having his oath taken by the President as
a constitutional court justice on June 26,
2008 based on the recommendation of the
Supreme Court of the Republic of Indonesia
to replace Constitutional Court Justices
Soedarsono who retired.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 22/273
Annual Report of the Constitutional Court 2011 xxiii
Drs. H. Ahmad Fadlil Sumadi, S.H., M.Hum.
Constitutional Court Justice
Ahmad Fadlil Sumadi pronounced his oath
as a constitutional court justice on January
7, 2010 to replace the Constitutional Court
Justice Maruarar Siahaan who retired. He was
a constitutional court justice recommended
by the Supreme Court, and had a strong
background of the Islamic law. He acquired
his expertise well because of his educational
background and experience as a judge in the
Religious Court.
He was born in Kendal on August 22,
1952 and earned his junior scholar (sarjana
muda) bachelor degree in sharia at SultanAgung Islamic University of Semarang in 1976.
He later obtained his bachelor degree of sharia
from the State Institute of Wali Songo Islamic
Religion of Semarang and a bachelor degree
of law from the Faculty of Law, Muhammadiyah
University of Yogyakarta in 1992. Then in 1996
he finished his Master’s (S-2) study of Law at
the Faculty of Law, Indonesia Islamic University
of Yogyakarta, and since 2008 he was listed
as a doctoral candidate of Constitutional Law
at Diponegoro University of Semarang.
Before being appointed as a Constitutional
Court Justice, Ahmad Fadlil Sumadi served as
Vice Chairman of the High Religious Court of
Yogyakarta. He served in this position for two
years after he resigned as Registrar of the
Constitutional Court during 2003-2008. Earlier,
in 2001-2003, he served as judge of the
Religious High Court of DKI Jakarta as well as
the Vice Chief Justice of the Supreme Court.
He had a lot of experiences as a
judge, where previously he traversed in the
world of teaching and became a lecturer
at several places. It was recorded that heused to serve as the Head of Sub-Division
of Appeal Registrar’s Office of the Religious
High Court of Surakarta (1982-1987), Judge of
the Religious Court of Semarang (1987), Vice
Chairman of the Religious Court of Semarang
(1990-1993), Vice Chairman of the Religious
Court of Salatiga (1994-1998), Chairman of
the Religious Court of Purwodadi (1998-1999),
and Judge of the High Religious Court of
Semarang (1999-2001).
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 23/273
Annual Report of the Constitutional Court 2011xxiv
Anwar Usman was born in Bima on
December 31, 1956. Since graduating from
SDN 03 Sila, in 1969, he had to leave
his parents to continue his education at
Sekolah Pendidikan Guru Agama Negeri
(PGAN). After graduating from PGAN, in 1975,
he migrated to Jakarta. In the capital city,
he became a part-time teacher in Kalibaru
elementary school. During his time as a
teacher, Anwar continued his education to
earn a bachelor degree at the Faculty of
Law of the Islamic University of Jakarta and
graduated in 1984.
Anwar began his career as a judge
since 1986, when he was assigned as a
judge of the District Court in Atambua. In
1991, he was transferred to the District
Court of Lumajang up to 1997. Subsequently,
he was appointed as a registrar at the
Dr. Anwar Usman, S.H., M.H.
Constitutional Court Justice
Supreme Court (MA). At first, he served as
Assistant to the Chief Justice since 1997.
In 2003, he was appointed to be Head of
Civil Service Bureau of the Supreme Court.
Without leaving his previous post, in 2005,
he was appointed as a Judge of the High
Court of Jakarta. Anwar Usman was once
trusted as the Head of the Litbang Diklat
Kumdil MARI in 2006 until he was finally
appointed as a constitutional court justice.
Anwar Usman replaced Constitutional
Court Justice Arsyad Sanusi who resigned on
March 2, 2011. He occupied the position of
constitutional court justice after having his
oath taken before President Susilo Bambang
Yudhoyono at the State Palace, Jakarta
pursuant to Presidential Decree No. 18/P
Year 2011 dated March 28, 2011.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 24/273
Annual Report of the Constitutional Court 2011 xxv
Hamdan Zoelva was sworn in as aconstitutional court justice on January 7,
2010 to replace Vice Chief Justice of theConstitutional Court Abdul Mukthie Fadjarwho retired. Hamdan was trusted to be aconstitutional court justice based on therecommendation of the President of the Republicof Indonesia. In the law world, his name wasknown when actively practicing as an advocatesince 1987. In fact, the man who was born inBima City, West Nusa Tenggara, on June 21,1962 started his career as an extraordinarylecturer at several universities.
He spent his childhood in hishometown, Bima. After graduating from StateMadrasah Aliyah Saleko Bima (1981), he wentto Makassar for his education at the Facultyof Law of Hasanuddin University until heachieved his bachelor degree of InternationalLaw. He also used to study at the Facultyof Sharia of IAIN Makassar, but he did notfinish it (1981-1984). It also happened with hisstudy in the Master of Business Law, Facultyof Law, University of Pelita Harapan Jakarta(1998-2001). Later he achieved his master’sdegree as well as his doctoral degree inConstitutional Law from the Faculty of Lawof Padjadjaran University Bandung.
In 1999, he was elected to be amember of the People’s Legislative Assembly.While serving as a member of the People’sLegislative Assembly in 1999-2004, he wasappointed as Deputy Chairman of Commission
Dr. Hamdan Zoelva, S.H., M.H.
Constitutional Court Justice
II, among others, in charge of legal matters.While serving as a member of the People’s
Consultative Assembly, he became a memberof the Ad Hoc Committee I of the WorkingCommittee of the People’s Consultative Assemblyon the Amendment to the 1945 Constitution.He was also trusted to be the Vice Chairmanof Commission A of the Annual Session ofthe People’s Consultative Assembly on theAmendment to the 1945 Constitution (2000).
Hamdan returned to his profession asan advocate after leaving Senayan in 2004.Simultaneously, he also became a special staffof the Minister of the Secretary of State ofthe Republic of Indonesia (2004-2007), andthen became a member of the Expert Teamof the Chairman of the People’s ConsultativeAssembly of the Republic of Indonesia, inrelation to the Study on the Amendment tothe 1945 Constitution (2008). At that time(2006-2008), Hamdan was also elected asGeneral Chairman of the Central ExecutiveBoard of the Crescent Star Party.
Until now he is still listed as theDeputy Chairman of the ASEAN Moslem YouthSecretariat, the position that he had occupiedsince 2002. In addition, he was also activeas a member of the Expert Council of theAssociation of Indonesian Muslim Intellectuals(ICMI). In between his works as a ConstitutionalCourt Justice, he took time to teach at theFaculty of Law, As-Syafi’yah Islamic Universityof Jakarta.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 25/273
Annual Report of the Constitutional Court 2011xxvi
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
INTRODUCTION
INTRODUCTION
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 26/273
Annual Report of the Constitutional Court 2011 1
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Indonesian Constitution adopts the principleof democracy (people’s sovereignty) as wellas nomocracy (rule of law) as expresslystated in Article 1 paragraph (2) andparagraph (3) of the 1945 Constitut ion (UUD1945). In a constitutional democratic state,democracy and nomocracy complementeach other. Democracy is selected bymany countries, including Indonesia whichhas abandoned authoritarianism because ademocratic values the principles of humanitymore, guarantees the principal interest ofthe citizen and prevents authoritarian power.
The Constitution is the highest politicalagreement which contains the ideals ofthe state, the objectives of democracy,as well as the objectives of law. Theconstitution serves as a guiding star andthe source of the effect of all regulationsin Indonesia. In the state administration,the main aspects of the implementation ofa constitutional democratic state are thearrangement of relationship among stateinstitutions, the legislation process and
judi cia l review. The establishment of theConstitutional Court (MK) has encouragedthe efforts for correcting the performanceof the governance system in the past bythe institution that can perform checksand balances of the power in the state,maintains and guards the constitution,
protects the constitutional rights of thecitizen, and guards democracy, as wellas resolves political and constitutionalproblems.
Throughout 2011, the ConstitutionalCourt (MK) endeavored to play the role
of guarding the constitutional democraticstate, especially in relation t o the functionsperformed, namely conducting judicialreview of Laws (UU), hearing Disputes overthe Authority of the State Institutions andresolving Disputes over the General ElectionResults, including Regional Head GeneralElection. Laws which are not i n line with theconstitution, in terms of their formulationor substance are automatically politicalproducts which are out of the track of thehighest political agreement. Subsequently,for general elections conducted in violationof regulations and the principles ofdemocracy, the Constitutional Court willpass decisions in accordance with the factsat the hearings with the injunctions beingin accordance with law and justice. Withthis role, the Constitutional Court guardsthe implementation of the General Elect ionsto proceed in a free and fair manner as aprerequisite of the constitutional democraticstate.
The 2011 Annual Report of theConstitutional Court has been prepared as
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 27/273
Annual Report of the Constitutional Court 20112
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
INTRODUCTION
a part of transparency and accountabilityof the Constitutional Court to Indonesianpeople. Every year, the ConstitutionalCourt always reports the track records ofthe implementation of its duties duringa whole year. In addition, this annualreport is the mandate of Law Number 8Year 2011 concerning Amendment to LawNumber 24 Year 2003 concerning theConstitutional Court. This report is begunwith introduction and in outline, this reportcovers six issues.
First, Authority of the Constitutional Courtand the Constitutional Democratic State.This section contains the Decisions ofthe Constitutional Court Upholding theConstitutional Democratic State and theStatistics of Case Handling. Throughout2011, the Constitutional Court performedits constitutional authorities in order touphold the constitutional democratic state.
Judicial Review of Law has been performedin order to uphold the principle of checksand balances, where every power must belimited including that of the legislator informulating laws that potentially violatethe constitution as the highest politicalagreement as well as law. Unresolved disputesover the authority of state institutionswere resolved by the Constitutional Courtas the mediating institution. In casesof Dispute over the Results of GeneralElection (PHPU) of Regional Head, the
Constitutional Court guards the democraticprocess that can potentially violate theprinciples of democratic general elections.We will present some important decisionsin addition to important issues relatedto Case Management Statistics 2011containing petition and case registration,case resolution, injunctions, settlementperiod, judicial review of laws, examinationand documentation of cases, etc. Thissection is the important mi rror for and thecontribution of the Constitutional Court in
relation to the decisions that have been
passed in solving the problems of thenation and the state of Indonesia.
Second, Maintaining the Integrity of theConstitutional Court. This section describesthe accountability and transparency of thecourt and the bureaucratic reform in theConstitutional Court. The important part hereis the Constitutional Court’s maintainingindependency as a judicial institution,
transparency in handling cases, andaccountability in any authority possessed.Various efforts and activities are, amongother things, building the ConstitutionalCourt judiciary based on Informationand Communication Technology (ICT),supervision and enforcement of the codeof conduct of both for the constitutional
justices and the employees, gratif ica tioncontrol, establishment of Complaint PostCenter and so forth. In addition, varioustransparency efforts and the Constitutional
Court’s efforts are presented to facilitatethe justice-seeking public and to open itselfto the public.
Third, Synergy of the ConstitutionalCourt. This section contains the role ofthe Constitutional Court in strengtheningdomestic cooperation and developinginternational cooperation. In 2010, theConstitutional Court entered into variousMemorandums of Understanding (MoU),domestic and foreign cooperation, as well
as various activities for strengthening thesynergy of the Constitutional Court withother state institutions and communityorganizations, both domestic and foreign.
Fourth, Strengthening Research andDevelopment. This section contains theoverview of research and study conductedby the Constitutional Court, the Center forConstitutional Studies (PKK), publication ofthe Constitutional Court’s Jurnal Konstitusiand center for constitutional study (PKK)-edition of the Jurnal Konstitusi, seminars,symposiums, seminars and workshops, FGD,
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 28/273
Annual Report of the Constitutional Court 2011 3
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
the Constitutional Court’s Library, LegalInformation Center (PIH) etc.
Fourth, Education of Pancasila, Constitution,and Procedural Law on the ConstitutionalCourt. This section contains an overview ofthe Constitutional Court’s efforts to buildthe constitutionality of Indonesia and theculture of constitutional awareness i n variousmedia, namely by media published by the
Constitutional Court such as the Literatureof Constitution, “Konstitusi” Magazine,Jurnal Konstitusi, leaflets, brochures, booksetc. In addition, other used are Talk Show,Constitution Awards, Constitution Week,Moot Court, Constitution Awards for CivicTeachers, and various visits by universitystudents/lecturers, etc.
Fifth, Dynamics of the Constitutional Court.Dynamics that occurred in the ConstitutionalCourt and internal activities of the
Constitutional Court related to constitutionalcourt justices, both the replacement of the justices and the replacement of the leader
of the Constitutional Court, and relatedto the dynamics of the Secretary-Generaland Registrar’s Office of the Constituti onalCourt of the Republic of Indonesia can bedescribed here.
Sixth, Financial Accountability. This sectiondescribes the Constitutional Court’s effortsto build an anti-corruption commitment anddetails the allocation and realization of
the 2009 budget. The Constitutional Courtonce again gained the achievement byobtaining Unqualified Opinion [WTP] for thefifth time and the best financ ial statementsthat encourage the Constitutional Court tomaintain the achievements gained and asthe contribution of the Constitutional Courtin building the anti-corruption culture.
Subsequently, the whole description isclosed in the closing section. This reportis accompanied by a list of tables of the
Constitutional Court‘s decisions throughout2011 to help the readers who need it atthe end of this appendix.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 29/273
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 30/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 5
The state of Indonesia is a state that
based on law and democracy (Article
1 paragraph (2) and paragraph (3)
of the 1945 Constitution of the Republic of
Indonesia). The combination of a rule of law
state and democratic state is a constitutional
democratic state, where the law established
must be based on the principles and
objectives as well as through the democratic
process. Law without democracy is only a
repressive means of power which will ignorethe interests of the people. Instead the law
also provides the framework and the guidelines
so that democracy does not ignore human
values. Democracy without guidelines of the
law will lead to anarchy.
The 1945 Constitution is the highest form
of agreement of the people that regulates
fundamental matters of the state so that
it becomes the highest consensus and a
common goal in the state of Indonesia. The
constitution becomes the basis, reference,
and the main reason in each activity of
the management of life of the nation, state,
and society. In the rule of law state which
upholds the supremacy of the constitution,
the state is not governed by a person or an
institution, but everyone is ruled by the law
with the constitution as the supreme law.
Democracy prevents tyranny and provides
more assurance of humanitarian principlesand allows for the growth of freedom and
protection of fundamental interests of citizens
and the existence of moral responsibility.
Every person may directly or indirectly,
determine what is good for himself/herself,
either by choosing or by participating in
making decisions concerned with the public
interest. In addition, every public office has
a responsibility morally, politically and legally,
and there is a mutual control so as to
avoid abuse of power.
Decisions of the Constitutional CourtUphold the Constitutional DemocraticState
Nine constitutional court justices held a PlenarySession of the ConstitutionalCourt. Through itsconstitutional role, theConstitutional Court upholdsthe constitutional democraticstate.
Public Relations of the ConstitutionalCourt/ Prana Patrayoga
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 31/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 20116
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
However, the history of the implementation
of democracy will continue to grow in
facing the challenges faced by the nation
and state. Including Indonesia, although the
democratic process and institutions have
been established, efforts to encourage the
strengthening of democratic institutions are
essential. Efforts which are not less urgent
in strengthening constitutional democratic
state are increasing people’s participation
in any public decision-making, preference ofthe people’s interest which underlies every
decision concerned with the public, increasing
equal opportunity for the people, increasing
the degree of people’s relationship with their
representatives by means of representative
democracy, and instilling the ideas and values
of democracy and democratic political culture
by strengthening civil society.
In state administration, the Constitutional
Court (MK) is one of the important organsborn after the reform to encourage and to
guard constitutional democracy, so that the
synergy between democracy and nomocracy
can be reached. With the authority possessed,
throughout 2011, the Constitutional Court
played the role in guarding the goal of
the state, Pancasila as philosophical basis
of the state, constitutional rights of citizens,
maintaining democracy and limiting and
keeping power in the state within the corridors
of the constitution and laws.
The authority of the Constitutional Court
to hear, whose decision is final to conduct
judicial review of the constitutionality of laws
was a radical change in the Indonesian
state administration system. A law established
by the representatives of the people may
violate the noble agreement of the founding
fathers in the Constitution, and may also
be inconsistent with Pancasila as the basic
philosophy of the state (filosofische grondslag),
view of life (Weltanschauung), and the idealsof law (rechts idea). Throughout 2011, the
Iskandar Sonhaji, BambangWidjojanto, Roder Nababan danN.Horas Maruli Tua pada sidang
Perselisihan Hasil PemilihanUmum Kepada Daerah (PHPU
Kada) Tapanuli Tengah.
Public Relations of theConstitutional Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 32/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 7
Constitutional Court played the role of
correcting the course of government and
guarding the growth of the principle of
checks and balances in state administration.
In the journey of the nation, a law may
not prove to be responsive, and may even
obstruct and violate the ideals of the highest
political agreement of the people in the
constitution.
Democratization of the formulation of Law
becomes one of the important aspects of
constitutional democracy, because in addition
to bringing changes to and progress of
the nation, the law, with obligations of and
restrictions on citizens, can also be a rule
that violates citizens’ constitutional rights
protected by the constitution. In addition,
without a democratic process, the Law will
take away people’s interest and will benefit
some people and groups. The interest ofthe people becomes the source of every
decision which is much more important in
addition to democratic procedures that must
be exceeded.
Decisions of Judicial Reviewof Law
The Constitutional Court in 2011 with its
constitutional authority kept the products
of law in accordance with the constitution,namely that the formulation and the material
were to be consistent with the goals of
law and democracy in the Preamble to and
the Corpus of the 1945 Constitution. In a
democracy, the Constitutional Court plays the
role of serving as the forum for resolving
constitutionality issues with the authority to
declare a law unconstitutional and without
any binding legal force or for formulating
laws in the negative sense of the word
One of the petitioners inthe Judicial Review ofthe amendment to theConstitutional Court Law,Saldi Isra, gave an explanationrelated to the substance of thepetition before the panel ofconstitutional court justices,5/8)
Public Relations of theConstitutional Court/ Fitri
Yuliana]
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 33/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 20118
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
(negative legislator). The Constitutional Court
also strengthens the principles of the rule
of law state by upholding the supremacy
of law, providing equality before the law
and upholding the constitution based on
human rights.
Indirectly, conducting judicial review of the
constitutionality of the Law, in addition to
providing control among the state institutions,will further encourage the democratization
process in the formulation of Laws. The
People’s Legislative Assembly and the
Government are expected to more carefully
consider not only a democratic mechanism
but also the substance of the Law based
on the values brought democracy and
the constitution. Moreover, citizens will have
greater access to justice in addition to
other legislators to allow for the fulfillment
of the needs and interests with moreresponsive laws.
In 2011, 86 cases of judicial review of
Law were reviewed and 59 cases were still
in the process in 2010. Of the total, the
Constitutional Court had passed its decisions
upon 94 cases (65%), while 51 cases or 35
percent of the cases had not been resolved
and decided upon. Out of 65 percent of
PUU cases that had been decided upon, the
Constitutional Court granted as many as 21
cases (22%), rejected 29 cases (31%) and
could not accept 35 cases (37%), and 9
cases (10%) were withdrawn.
Constitutional Ultra Petita
Of the cases decided upon and granted by
the Constitutional Court, namely among others
judicial review related to the Constitutional
Court, both the judicial review of the Law No.
24 Year 2003 concerning the Constitutional
Court and the judicial review of Law No.
8/2011 concerning the Amendment to the Law
No.24 Year 2003 concerning the Constitutional
Court and other laws related to the authority
of this constitutional court institution. The
important materials of the petition were
Article 45A and Article 57 Paragraph (2a) of
Law 8/2011 stipulating that the decision of
the Constitutional Court cannot include anyinjunction not requested for by the petitioner
or exceed the petitioner’s request, except for
certain matters relating to the substance of
the petition.
With respect to this petition, the Constitutional
Court passed an important decision in the
case No. 48/PUU-IX/2011 which has a big
impact not only on the institution of the
Constitutional Court, but also on the continuity
of the implementation of the constitutionalauthority of this institution, for the fulfillment
of substantive justice and democracy to
be upheld and furthermore that the judicial
review considered not only the individual filing
the petition, but also public interest to be
protected. The decision of the Constitutional
Court was binding not only to the parties in
the case, but also to everyone ( erga omnes ).
Ultra petita restriction itself was based on the
decisions of the Supreme Court (MA) in civil
cases being allowed under certain conditions
for the sake of justice.
In the event that a Law applies only to the
parties in the case, then ultra petita restriction
was understandable and justified because the
freedom of individuals in civil cases is crucial.
In addition, a law is a single integrated system,
where a paragraph, article, section in the Law
or another Law are related to each other,
so that an unconstitutionality of any section
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 34/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 9
being the heart and the principle of a law
would automatically deprive other provisions
of their foundation. Whereas the event of the
birth of judicial review in the Supreme Court
of the United States in 1803 in the case of
Marbury vs. Madison , whose judgment was far
in excess of that being requested ( ultra petita ),
by the consideration that in performing his
constitutional duties, the justice should not be
tied within the cage of the Petitioner’s petition
based on the motivation of the individual’spersonal interests. Public interest required the
justices to perform their duties and functions
in guarding the constitution.
The more important issue is that the
Constitutional Court as a judicial institution
should open the access as widely as possible
to anyone (access to court and justice),
especially for the poor people. This means that
the parties filing a case in the Constitutional
Court are not required to be represented orthat their case be authorized to a proxy, and
automatically the potential weakness related to
the formality of the petition is likely to occur,
and the Constitutional Court serve the role of
giving justice, then the ultra petita decision
would be the demand and the obligation of
the Constitutional Court itself.
In the injunction related to the ultra petita
restriction, the Constitutional Court declared
Article 45A and Article 57 Paragraph (2a) of
Law no. 8 Year 2011 unconstitutional and
without any binding legal force.
Touchstone of the ConstitutionDelegation Law in Judicial Review
Furthermore, in the considerations of the
Constitutional Court on case No. 49/
PUU-IX/2011, that the prohibition for the
Constitutional Court to use other laws as
the basis for its legal considerations under
Article 50A of Law 8/2011 would reduce the
authority of the Constitutional Court as anindependent branch of judicial authority to
Muhamad Zainal Ari n,proxy of the Petitioner incase No. 48/PUU-IX/2011was giving an explanationto the Constitutional Courtat the hearing for thestatements of the expertspresented by the Petitioneron Thursday (22/9).
Public Relations of the ConstitutionalCourt/Ganie]
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 35/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201110
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
Maruarar Siahaan wasgiving his statement as an
expert in judicial reviewof the Amendment to theConstitutional Court Law
adjudicate in order to enforce law and justice.
In fact, as the interpreter of the Constitution
in reviewing a law, the Constitutional Court
shall explore legal values and sense of
justice existing in society based on the 1945
Constitution as the supreme fundamental law
or the Law as the elaboration of the 1945
Constitution.
The use of other laws as the basis for
legal considerations is, in fact, intended
to create legal certainty as provided for
in Article 28D paragraph (1) the 1945
Constitution. In practice, the decision of the
Constitutional Court related to judicial review,
the Constitutional Court never used a law
as the basis for its considerations, but in
certain petitions, the Constitutional Court had
to look at the entire law as an integrated
system which should not conflict with each
other. Meanwhile, in relation judicial review,
the Constitutional Court looked at the law
on the formulation of laws and the rules
of procedure of the People’s Legislative
Assembly as the elaboration of the 1945
Constitution which could be directly used or
considered as the standard or touchstonein judicial review.
The Constitutional Court in its decision
stated Article 50A of Law No. 8 Year
2011 is unconstitutional and has no
binding legal force.
Authority of the Constitutional Court tohear upon Disputes over the Results ofRegional Head General Elections
Public Relations of theConstitutional Court/Ganie]
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 36/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 11
In early 2011, the Constitutional Court
reviewed the norms of the limits of authority
in hearing the case of dispute over the
results of regional head general election
in imposing sanctions for violations, in the
case related candidates for regional head
of West Kotawaringin. Although the petition
was rejected, this decision provided a
parameter for assessing its own power. In the
considerations of the decision No. 75/PPU-VIII/2010, the Constitutional Court declared
that its authority had come not only from
Article 106 paragraph (2) of Law Number 32
Year 2004 regarding Regional Government,
but also from Article 24C paragraph (1) of
the 1945 Constitution.
The definition of deciding upon disputes
over the “results” of general elections is
broader than deciding upon (the dispute
over) “vote count results” as intended by theLocal Government Law. Moreover, according
to some laws relating to general elections,
the definition of general election includes
processes from the phase of preparation,
execution and the final stage of the election
results. Vote count is just a part of the
final phase of general elections. If the
general election process is held in direct,
general, free, confidential, honest and just
manner, then the result may reflect the truth;
otherwise, if regional head general election is
not held in direct, general, free, confidential,
honest, and just, manner then the truth of
the result cannot be trusted.
In practice, there many violations, both
administrative and criminal, occurred in
the process before the stipulation of the
vote count results by the General Election
Commission/Provincial General Election
Commission/General Election Commission of
Regency/City that could not be legally resolved
by the general election organizer, so that
this dispute was brought to the Constitutional
Court. Thus, the legal consideration of the
Constitutional Court in Decision No. 45/
PHPU-D-VIII/2010, dated July 7, 2010, which
stated “.... whereas a decision over general
election results shall not just recalculate the
votes but it should also explore justice by
assessing and hearing the general electionprocess which could have affected the results
of the disputed vote count, so that the
violations, both criminal and administrative,
that have led to the dispute over the results
of a calculation must also assessed for
justice”. In addition, the Constitutional Court
has interpreted and provided a legal view as
described above (giving broad interpretation)
through its decision before and after Decision
Number 45/PHPU-D-VIII/2010, dated July 7,
2010. In this case, the Constitutional Court,following the previous views, is aimed at
upholding substantive justice, rather than
mere procedural justice.
Considering that the Constitutional Court
examines, hears and decides upon cases
not only based on the law an sich but it
also explores, follows and understands the
values of law and justice in existence in
the society in accordance with constitutional
values. The values of justice in question are
had existed prior to the decision (“.... to be
already existent before his decision”). The
Constitutional Court acts “as a declarer of
the community’s law”. Therefore, if an election
was held inconsistently with the principles of
constitution and legal values in existence in
society full of structured, systematic, massive
manipulations and intimidation, then such
elections had ignored the principles of the
constitution, especially the principle of direct,
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 37/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201112
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
general, free, confidential, honest, and just
general elections and public sense of justice,
so that it should be revoked. Consequently,
the parties that committing the violation
would be imposed with sanctions for such
actions. On the contrary, the interest of the
party not committing any violation should be
protected in accordance with the principle
of nemo ex alterius facto praegravari debet .
This means that one should not bear the
burden of losses due to the mistakes of
others.
The decision of judicial review of this
law had an important impact because the
considerations of this decision were used
as the basis for subsequent decisions of
the Constitutional Court in relation to the
competence to hear cases of dispute over
the results of regional head general election
in 2011 and subsequent decisions.
Three Categories of ViolationsRegional Head General Elections
Furthermore, the Constitutional Court in
its decision of case No. 75/PUU-VIII/2010
also formulated the jurisprudence related to
violations that could not or could cancel the
decision of the General Election Commission.
First, violations in the process that have no
effect or whose impact cannot be estimated
on the vote results of General election or
the General Election of Regional Head. The
examples are making banners, simulation
papers with logos, and visual aids that do
not comply with the procedures set out
in the laws and regulations. Violations of
this type are the domain of the general
court or administrative court. Therefore, the
Constitutional Court cannot make them the
basis for cancellation of vote count results
which have been stipulated by the General
Election Commission. Second, violations in
One of the petitionersin case No. 49/
PUUIX/2011, Yuliandri,was shaking hands with
the Representative of theGovernment, Mualimin,
after hearing for thepronouncement of the
decision which grantedthe judicial review of
the amendment to theConstitutional Court Law,
Tuesday (17/10).
Public Relations of theConstitutional Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 38/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 13
the General Election or the Regional Head
General Election process which affects the
results of the General Election or the
Regional Head General Election such as
money politics, involvement of corrupt officials
or civil servants, alleged criminal actions
in General Election, etc. To the extent of
having significant influence, as they occur in
a structured, systematic and massive manner,
this type of violations may cancel the resultsof the General Election or the Regional Head
General Election. Third, the violations of the
requirements for becoming a candidate which
are principal and measurable in nature.
For example, the requirement that one was
never sentenced with any criminal sanction
of imprisonment and the requirement of
legitimacy to support independent candidates.
This type of violations can be used as the
basis for cancelling the results of General
Election or the Regional Head General Electionbecause some participants may not have
been eligible from the beginning.
These considerations become the parameters
for deciding upon subsequent cases of
dispute over the results of regional head
general election.
Immediate Execution of Decisions ofthe Constitutional Court
In relation to the implementation of norms,
Law No. 8 Year 2011 provides that if itis necessary to amend to the Law that
has been reviewed, the People’s Legislative
Assembly or the President shall immediately
follow up the decision of the Constitutional
Court according to laws and regulations.
The Constitutional Court’s decision is final
and binding generally ( erga omnes ) which
is self executing . The Constitutional Court’s
decision is the same as the Law which
has to be implemented by the state, all
citizens, and the existing stakeholders. Thenorm of Article 59 paragraph (2) of Law
8/2011 is not clear and it leads to legal
The Representatives ofthe Government andthe People’s LegislativeAssembly after the hearingof the judicial review ofthe amendment to theConstitutional Court Lawat the plenary courtroomof the ConstitutionalCourt, Friday (16/9).
Public Relations of theConstitutional Court/Ganie]
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 39/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201114
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
uncertainty because the People’s Legislative
Assembly and the President will only follow
up the decision of the Constitutional Court
if it is necessary. In fact, the decision of
the Constitutional Court is final and binding
which should be followed up by the People’s
Legislative Assembly and the President as
a form of embodiment of the constitutional
system based on the 1945 Constitution as
well as the consequences of the principleof the constitutional democratic state.
In addition, Article 59 paragraph (2) of Law
8/2011 contains a mistake, namely the
phrase “he People’s Legislative Assembly or
the President”, because according to Article
20 paragraph (2) of the 1945 Constitution,
every bill shall be discussed jointly by
the People’s Legislative Assembly and the
President for mutual approval. Therefore, the
People’s Legislative Assembly or the Presidentdoes not stand alone in discussing a bill,
and so the phrase “the People’s Legislative
Assembly or the President” is inconsistent
with Article 20 paragraph (2) of the 1945
Constitution.
In the injunction for case No. 49/PUUIX/2011,
the Constitutional Court declared Article 59
paragraph (2) of Law No. 8 Year 2011
unconstitutional and without any binding
legal force.
Deadlock in the Procedures for theElection of the Constitutional CourtLeadership
The procedure for electing the leadership
of the Constitutional Court as provided for
in Article 4 paragraph (4f), paragraph (4g),
and paragraph (4h) of Law no. 8 Year 2011
namely that the chief justice and vice chief
justice are elected in “one meeting and one
package”, according to the ConstitutionalCourt, if implemented, could potentially cause
problems later on in the event of vacancy
The attorneys of thepetitioners in the judicial
review of the amendment tothe Constitutional Court Law
and M. Ali Syafaat, as thePrincipal Petitioner at the
Constitutional Court hearingto listen to the statements of
experts on Friday (30/9).
Public Relations of theConstitutional Court/ Eva
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 40/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 15
of the position of chief justice of the
Constitutional Court or the leaders of the
Constitutional Court is not able to exercise
their duties due to permanent unavailability
before the term of service of the chief
justice and vice chief justice of the term of
service of either ends. This provision could
potentially lead to legal deadlock, namely
vacancy of any one of the leaders of the
Constitutional Court.
The Constitutional Court viewed that this
provision had set aside the ideal principles
of democracy, namely that it did not fulfill
of the principle of simple majority in the
election, for example in the event that there
are two or more candidates obtaining the
second greatest number of votes (for such
positions of vice chairman, for example 5:2:2
votes or 3:2:2:2 votes), then the election
must be repeated for choosing leaders onceagain while the candidate of chief justice
has obtained most votes. Another example
is possible with 9:0 votes or 8:1 votes.
This will affect the level of accountability,
legitimacy, and acceptability of the elected
leadership of the Constitutional Court that
will ultimately affect the performance of the
Constitutional Court. The implementation of
this article is likely to hinder performance,
so that it impairs the constitutional rights
of the citizens in obtaining the recognition,guarantee, protection, and certainty of law.
The Constitutional Court therefore declared
the procedures for the election of the
leadership of the Constitutional Court without
any binding legal force.
Membership of Honorary Council ofJustices of the Constitutional Court
The permanent membership of the Honorary
Council of Justices of the ConstitutionalCourt with the inclusion of the element
The Panel of Justiceswas reading the decisionon the Judicial Reviewof the Amendment to theConstitutional Court Law.
Public Relations of theConstitutional Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 41/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201116
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
of the People’s Legislative Assembly, the
element of the Government and one Supreme
Court justice in the Honorary Council of
the Constitutional Court which, according to
the Constitutional Court in its decision No.
49/PUU-IX/2011, actually threatened and
interfered either directly or indirectly the
constitutional independence of constitutional
just ices in performing thei r duties and
authorities. The existence of the elementsof the People’s Legislative Assembly, the
Government, and Supreme Court would
potentially lead to conflict of interest because
the People’s Legislative Assembly, Government,
and the Supreme Court as well as the
Judicial Commission could be the disputing
parties in the Constitutional Court.
The Constitutional Court needed to affirm
that the membership of the Honorary Council
of the Constitutional Court consisting ofthe elements of the Judicial Commission,
People’s Legislative Assembly, Government,
and Supreme Court did not guarantee
independence, because it was likely for the
people filling the membership of the Honorary
Council of the Constitutional Court to be
rich with sectoral interests, and therefore,
in order to maintain the independence and
impartiality of the Constitutional Court , then
the Constitutional Court needed to develop
the code of ethics and code of conduct
for constitutional court justice, and that the
members of the Honorary Council of the
Constitutional Court other than those from
the Constitutional Court, as well as of other
elements that should be independent and
non-partisan. Therefore, Article 27A paragraph
(2) sub-paragraph c, sub-paragraph d, and
sub-paragraph e had no mutual connection
with Article 27A paragraph (3), paragraph
(4), paragraph (5), and paragraph (6) of Law
no. 8 Year 2011 and this Article should
also be declared inconsistent with the 1945
Constitution.
Uncertainty of the Requirements ofConstitutional Court Justices
Whereas the phrase “used to become a
state official” in Article 15 paragraph (2)
sub-paragraph h of Law No. 8 Year 2011potentially led to the lack of fair legal
certainty and did not give equal opportunity
for a citizen of Indonesia who wanted to be
a constitutional court justice, because that
phrase could be interpreted cumulatively,
namely that, one had work experience in
the field of law for at least 15 (fifteen)
years and used to become a state official,
or may be one of the options, namely that
one had work experience in the field of
law for at least 15 (fifteen) years or thathe/she used to be a state official. When
Article 15 paragraph (2) sub-paragraph h was
interpreted cumulatively, the candidate would
have to meet both of them, and if the
candidate only met one of the requirements
then he/she would not be qualified to be
a constitutional court justice. Likewise, if
the article interpreted alternatively then one
who used to become a state official would
not be required to have work experience
in the field of law for at least 15 (fifteen)
years in order to be a constitutional court
justice. In fact, to become a constitutional
justice, in addition to having integrity and
personality immaculate, fair, statesmanlike,
one also had to master the constitution
and State system, as provided for in Article
24C paragraph (5) of the 1945 Constitution.
The phrase “and/or used to become a state
official” in Article 15 paragraph (2) sub-
paragraph h of Law 8/2011 also did not
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 42/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 17
provide clear criteria, because not all people
who used to become state officials met the
requirements to become constitutional court
justices. Conversely, many people who had
never become state officials were qualified
to become constitutional court justices. Such
vagueness led to fair legal uncertainty so that
it was declared inconsistent with Article 28D
paragraph (1) of the 1945 Constitution.
Term of Service of the ConstitutionalCourt Justice is Five Years
Article 26 paragraph (5) of Law no. 8 Year
2011 stated “The successor constitutional
court justice as intended in paragraph (2)
shall continue the remaining term of service
of the successor constitutional court justice.”
According to the Court, this norm was unjust
for a person elected as a constitutional
court justice because he/she would onlycontinue the term of office of the replaced
constitutional court justice. If implemented, the
article would be inconsistent with Article 22
expressly and clearly stating that “The term
of office of the constitutional court justices
shall be 5 (five) years and they may be
reelected only for 1 (one) subsequent term
of office”, so as to lead to internal conflict
(contradictio in terminis).
According to the Constitutional Court,
replacement of constitutional court justice was
not the same as the interim replacement
in the People’s Legislative Assembly and
the Regional Representative Council. Interim
replacement of the members of the People’s
Legislative Assembly and the Regional
Representative Council, which was not through
a new selection process and which had been
reaffirmed in the Law only to continue the
remaining term of service of the members
being replaced. Constitutional court justice
candidates should follow the selection
process by each institution proposing them.
Thus, according to the Constitutional Court,
the term of service of constitutional court
justices as provided for in Article 22 could
not be interpreted other than five years, for
the justices appointed together as well as
for constitutional court justices replacing the
constitutional court justices who had resigned
before the end of their term of service.Narrowing the meaning of Article 22 of the
Constitutional Court Law by not applying it
to the successor constitutional court justice
to hold office for five years would be a
violation of the principle of fair legal certainty
guaranteed by the constitution.
Whereas the Constitutional Court is an
independent state institution demanded
working in a professional, independent and
sustainable manner. The constitutional court justice merely continuing the term of service
of the replaced constitutional court justice
would not guarantee the sustainability of
the performance of the Constitutional Court
in performing its duties and authorities
and would also lead to injustice for the
successor justice.
The Constitutional Court declared the provision
on the term of service of the successor
constitutional court justice to continue the
term of service of the replaced constitutional
court justice unconstitutional and without any
binding legal effect
Transitional regulations of the Law onthe Amendment to the ConstitutionalCourt Law Do Not Guarantee LegalCertainty
The consideration of the Constitutional Court
stated that in addition to leading to legal
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 43/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201118
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
uncertainty, Article 87 sub-article a of Law
8/2011 also violated the principle of the
formulation of legislation, particularly the
principle of ‘enforceability. Therefore, while
waiting for the improvement by the legislators,
the election of chief justice and vice chief
justice of the Constitutional Court would use
the old rule namely Article 4 of Law No.
24 Year 2003 concerning the Constitutional
Court and the Regulation of the ConstitutionalCourt of the Republic of Indonesia No. 01/
PMK/2003 concerning the Procedures for the
Election of the Chief Justice and Vice Chief
Justice of the Constitutional Court.
According to the Constitutional Court, the
provision on constitutional court justices as
intended in Article 87 sub-article b of Law
8/2011 applying two laws in a single law,
namely Law No. 24 Year 2003 concerning
the Constitutional Court and Law No. 8 Year
2011 concerning the Amendment to Law
no. 24 Year 2003 concerning Constitutional
Court gave rise to legal uncertainty. In fact,
transitional regulations had been made to
ensure legal certainty.
In addition to giving rise to legal uncertainty,
Article 87 of Law 8/2011 also gave rise
to unequal treatment, because some articles
were directly applicable and implemented,
but some were not directly applicable. Such
application of the two laws constituted
discriminatory treatment to constitutional
court justices performing their duties and
subsequently appointed justices, impaired the
constitutional right of the parties affected
by such changes.
¾ Quorum on the Right to expressopinion is Unconstitutional
In relation to the petition filed by some
members of the People’s Legislative Assembly
who questioned Article 184 paragraph (4)
of Law Number 27 Year 2009 concerning
the People’s Consultative Assembly, the
People’s Legislative Assembly, the Regional
Representatives Council and the RegionalPeople’s Legislative Assembly (MD3) regulating
the ratio of right to express opinions which
had to be approved by the plenary meeting
of the People’s Legislative Assembly being
attended by at least ¾ (three quarters),
with the approval of at least ¾ (three
quarters) of the total number of members
of the People’s Legislative Assembly that are
present at the meeting, the Constitutional
Court in its decision on case No. 23-26/
PUU-VIII/2010 argued that according to the
state administration system of Indonesia, some
rights to express opinions were general in
nature (lex generalis) as regulated in Article
20A of the 1945 Constitution, some were
specific in nature (lex specialis) as regulated
in Article 7B of the 1945 Constitution.
The mechanism for making decisions on
the opinions of the People’s Legislative
Assembly according to Article 7B of the 1945
Constitution shall be performed in the plenary
session which shall be attended by at least
2/3 of the members of the People’s Legislative
Assembly and approved by at least 2/3 of
the members of People’s Legislative Assembly
present at the meeting. Meanwhile, Article 184
paragraph (4) of the MD3 Law, according to
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 44/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 19
the Constitutional Court, regulates all kinds
of rights to express opinions both based
on Article 20A of the 1945 Constitution (lex
generalis) and based Article 7A and Article
7B of the 1945 Constitution (lex specialis). All
kinds of rights include rights of the People’s
Legislative Assembly to express opinions on
government policies, extraordinary events,
to follow-up the right of interpellation andright of inquiry, as well as allegations that
the President and/or Vice President have
violated the law.
The Constitutional Court assessed that
the provisions which emphasized that the
quorum of the right to express opinions was
inconsistent with Article 7B paragraph (3) of
the 1945 Constitution stating that the proposal
to impeach the president and vice president
to the Constitutional Court must obtain 2/3
support of the number of the members of
the People’s Legislative Assembly who are
present. The Constitutional Court’s reason
was that the article led to the increase
of the quorum requirement from 2/3 to
be ¾, as well as the required approval of
the People’s Legislative Assembly’s decision.
Such rule would make the implementationof the right to express opinions more
difficult, especially the right to propose
the impeachment of the president and vice
president to the Constitutional Court. It would
automatically complicate the implementation
of constitutional rights and authorities of the
People’s Legislative Assembly in carrying out
the supervisory function to the President, so
that it was not in line with the system of
checks and balances adopted in the 1945
Constitution.
Lili Wahid with her attorneyat the Constitutional Courthearing on the judicialreview of the Law relatedto the quorum of the rightto express opinions ofthe People’s LegislativeAssembly.
Public Relations of theConstitutional Court
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 45/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201120
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
T h e I n q u i r y R i g h t L a w i sUnconstitutional
The regulation of the Right to Inquiry of
the People’s Legislative Assembly that opened
the door for the dissolution of the People’s
Legislative Assembly by the president was
considered inconsistent with Article 7C of
the 1945 asserting that the President cannot
dissolve the People’s Legislative Assembly.According to the Petitioner, the Inquiry Right
Law was based on the concept or mindset
underlying the Inquiry Right Law was Article
84 of the 1950 Provisional Constitution which
reads, ”The President shall have the right
to dissolve the People’s Legislative Assembly.
The Decision of the President declaring such
dissolution shall also instruct the re-election
of the People’s Legislative Assembly within
30 days.”
In addition, Article 77 paragraph (3) of the
MD3 Law has also provided for the same
matter related to the right to Inquiry. This
article reads, “The right to inquiry referred
to in paragraph (1) sub-paragraph b shall be
the right of the People’s Legislative Assembly
to conduct an inquiry into the implementation
of Law and/or government policies relating to
important, strategic matters and which have
broad impacts on the life of the community,
the nation and the state that are allegedly
inconsistent with laws and regulations”
Therefore, the Petitioner stated that, the
provisions regulated in Article 28 of the
Right to Inquiry Law could not be used
as guidelines for the implementation of the
right of inquiry in the People’s Legislative
Assembly at present. The reason was that
our legal system recognized the legal principle
of lex posteriori derogat legi priori (the
latest regulation or law overrides the old
regulation or law).
The Constitutional Court also agreed with the
Petitioners. According to the Constitutional
Court, the provisions in the Law being
reviewed were clearly different from or
inconsistent with the 1945 Constitution which
follows the presidential government system.
In a presidential government system, thepresident cannot freeze and/or dissolve the
People’s Legislative Assembly. In addition,
the formulation procedures and working
mechanism of the inquiry committee as
provided for in Law 6/1954 has also been
provided for in Law 27/2009. In the event
that that law is preserved, it would create
legal uncertainty which is, in fact, inconsistent
with the 1945 Constitution.
Legal Entity Verification is Unnecessaryfor Old Political Parties
The new provisions that require political
parties to undergo verification within a
maximum period of two and a half years
before the 2014 general election voting day
creates injustice, disbenefit, and uncertainty for
the political parties with legitimate legal entity
status under Law no. 2 Year 2008 concerning
Political Parties and which participated in the
2009 general elections.
On this basis, the Constitutional Court in
decision No. 15/PUU-IX/2011 agreed that the
presence of the phrase “its existence shall
continue to be recognized with the obligation
to make adjustments to this Law by following
the verification” as provided for in Article 51
paragraph (1) of Law 2/2011 was not clear.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 46/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 21
“Its existence” being recognized raised the
question of whether it was concerned with
the existence of a political party as a legal
entity. The phrase “the obligation to follow
the verification” had a legal consequence
to the existence of political parties with
legal entity status, namely, whether the
verification results could directly affect the
existence of political parties in this case thepetitioners. It means that, as political parties,
the petitioners would lose their legal entity
status if they did not pass the verification.
The Constitutional Court argued that such
matter would violate the legal certainty for
the petitioners whose existence as political
parties with legal entity status was guaranteed
by the previous law. Legislators should have
distinguished between the procedures for the
formation or establishment of political parties
and with the rules concerning the requirements
for political parties to be able to participate
in the general election, as well as the
provisions regulating the institutional aspect
of the People’s Legislative Assembly.
The Constitutional Court argued that
Article 51 paragraph (1) of Law 2/2011was unconstitutional along with its indirect
consequence to Article 51 paragraph (1a)
namely, that the existence of the phrase
“verification of political parties as referred
to in paragraph (1)”, Article 51 paragraph
(1b), Article 51 paragraph (1c) was no
longer relevant, so that according to the
Constitutional Court such provisions were no
longer necessary.
The attorneys of thePetitioners were seenwaving and gavethumbs-up after theConstitutional Courtread the decision relatedto old political partiesbeing not required to beveri ed as legal entities.
Public Relations of theConstitutional Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 47/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201122
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
Verification for New Political PartyCompleted in 2.5 Years
According to the Petitioners, the provision
of Article 51 paragraph (1a) of Law No. 2
Year 2011 concerning Amendment to Law
No. 2 Year 2008 concerning Political Parties
which provides a short time of 2 ½ (two
and a half) year for a political party to
fulfill the obligation of verification has been
applied arbitrarily and unfairly, impeding
the right of every citizen to participate in
government through the establishment of
political parties in order to participate in
the General Election Year 2014.
With respect to the Petitioners’ argument, the
Constitutional Court has passed decision No.
15/PUU-IX/2011, dated July 4, 2011 which
essentially states that the provision of Article
51 paragraph (1) Law 2/2011 is inconsistent
with the 1945 Constitution. In this decision,
the Constitutional Court has also stated that
the provision of Article 51 paragraph (1a)
of Law 2/2011 in the phrase “Verification
of Political Parties as intended in paragraph
(1)” is irrelevant because Article 51 paragraph
(1) Act 2/2011 has been declared without
any binding legal force.
The provision of Article 51 paragraph (1a)
of Law 2/2011, namely to the extent of the
verification of new political parties still applies
to this petition. Since verification of new
political parties is not declared inconsistent
with the 1945 Constitution, such provision
remains constitutional. In decision No. 15/
PUU-IX/2011, dated July 4, 2011, Article 51
paragraph (1a) to the extent of the phrase
“and Political Parties established after the
enactment of this Law, shall be completed
no later than 2 ½ (two and a half) years
prior to the voting day of the general
election” remains valid, but the intention of
decision No. 15/PUU-IX/2011, dated July
4, 2011 is that verification still applies to
“new political parties” and does not apply
to old political parties already having legalentity status and which participated in the
previous general election. With the petition
in this case, the Constitutional Court needs
to determine or declare once again that
what is intended by the phrase “and political
parties established after the enactment of
this Law, shall be completed by no later
than 2 ½ (two and a half) years prior to
the voting day of the general election” being
“the verification of Political Parties established
after the enactment of this Law, shall be
completed no later than 2 ½ (two and a
half) years prior to the voting day of the
general election”
In the injunction of its decision, the
Constitutional Court declared article 51
paragraph (1a) of Law No. 2 Year 2011
concerning Political Parties unconstitutional
and without any binding force to the extent it
is not understood as “verification of Political
Parties established after the enactment of
this Law, shall be completed no later than
2 ½ (two and a half) years prior to the
voting day of the general election for the
first time after such political parties were
established and had legal entity status”
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 48/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 23
Term of Service of the Successorof the Leader of the CorruptionEradication Commission is FiveYears
Article 34 of Law No. 30/2002 concerning
Corruption Eradication Commission (KPK Law)
allowed for an interpretation that could
potentially or even factually harm one’s
rights. Determination of the term of serviceof members of the successor leader of the
Corruption Eradication Commission which only
continues the remaining term of office of the
members of the leadership of the Corruption
Eradication Commission who resigned before
reaching the four-year period has violated the
principles of legal certainty, equal treatment,
as well as the principle of benefit.
According to the Constitutional Court, Article
34 of the Corruption Eradication Commission
Law is conditionally unconstitutional. The
article is inconsistent with the constitution
insofar it is not understood that the Leaders
of the Corruption Eradication Commission,
both those appointed together and the
successor leader appointed to replace a
leader who resigned during his/her terms of
service shall serve in the office for 4 (four)
years, and may thereafter be re-elected for
another term only.
The reviewed article reads, “Leaders of
the Corruption Eradication Commission shall
hold office for 4 (four) years and may be
re-elected for another term only.” In this
case, the Court granted the petition of the
Petitioners in its entirety. The petitioners in
case No. 5/PUU-IX/2011 consisted of anti-
corruption activists and some lecturer staff
of several universities.
Attorneys of thePetitioners lookedserious in following thehearing of the judicialreview of the CorruptionEradication CommissionLaw.
Public Relations of theConstitutional Court/ Tifa
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 49/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201124
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
Wiretapping is regulated by Law, Notby Government Regulation
In the decision No. 5/PUU-VIII/2010, the
Constitutional Court stated that wiretapping
should only be regulated in the form of
a law rather than a Government Regulation
(PP). Wiretapping activities and authorities are
very sensitive because on the one hand they
constitute a restriction of human rights whileon the other hand, they have the aspect of
legal interest. Therefore, the regulation on
the legality of wiretapping should be properly
established and formulated in accordance
with the 1945 Constitution.
Until now, there has been no comprehensive
regulation on wiretapping. The absence of
a standard regulation on wiretapping has
allowed for deviations in its implementation.
In wiretapping, there is a principle of velox
et exactus principle which means that the
information wiretapped must contain current
and accurate information. In this case the
wiretapping shall contain special interests and
shall be performed quickly and accurately.
Under this condition, wiretapping shall imply
is the existence an urgent interest, while it
must still be performed in accordance with
the provisions of the Law for preventing
arbitrary violation of the privacy rights of
others. In this context, a comprehensive and
appropriate regulation is necessary to control
a number of authorities in several laws.
The Constitutional Court considers that the
rights of privacy are part of human rights
which can be restricted (derogable rights).
However, such restriction of rights of privacy
could only be performed by law, as provided
for in Article 28J Paragraph (2) of the 1945
Constitution. It is necessary to have a special
regulation on wiretapping in general up to
the procedures of wiretapping of each of
the authorized institution.
Government Must Finance Community-Based Elementary Education
The Government of the State of Indonesia has
been established, among others, to develop
the intellectual life of the nation. In addition,according to the 1945 Constitution, “Each
person has the right to obtain education
and to enjoy the benefits of science and
technology ...” [vide Article 28C paragraph (1)],
and “The protection, promotion, enforcement
and fulfillment of human rights shall be
the responsibility of the state, particularly
the government” [vide Article 28I paragraph
(4)]. However, the provisions requiring the
government and/or local governments to
provide technical assistances, subsidies, andother resources in a fairly and evenly to
community-based educational institutions of
all levels of education, are not explicitly
defined in the 1945 Constitution.
Considering that according to the provisions
of Article 31 paragraph (2) of the 1945
Constitution, every citizen shall be obligated
to follow basic education and the government
shall be obligated to finance it. For education
level other than elementary education, the
Constitution does not affirm the existence
of financing obligation for the government
and/or local governments. However, that
does not mean that the government is not
responsible for financing education other
than elementary education as one of the
Government’s responsibilities is to develop
the intellectual life of the nation. The extent
and size of the government’s responsibility to
finance education other than elementary and
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 50/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 25
secondary education are highly dependent
on the financial capacity of the Government
and local government by taking account of
the provisions of Article 31 paragraph (4)
of the 1945 Constitution.
In connection with article being reviewed,
namely Article 55 paragraph (4) of Law
20/2003 under the 1945 Constitution, the
Constitutional Court in its decision on
Case No. 58/PUU-VIII/2010 argued that the
word ‘may’ in the article being also related
to Article 31 paragraph (2) of the 1945
Constitution had made it not mandatory for
the government and/or local government to
finance community-based elementary education
or education performed by non=government
parties. That was because the word ‘may’ was
open in nature so that it could eliminate the
sense of obligation of the Government and
was also inconsistent with Article 31 paragraph
(2) of the 1945 Constitution. For education
levels other than elementary education, the
Government had the discretion to finance all
or part of the education fees according to
the financial capacity of the state. Therefore,
according to the Constitutional Court, the
word ‘may’ in Article 55 paragraph (4) of
Law 20/2003 is unconstitutional insofar it is
interpreted that community-based educational
institutions under Article 55 paragraph (4)
of Law 20/2003 shall include elementary
education level.
Obligations Continue before theDecision on the Termination ofEmployment Relationship is final andconclusive ( Inkracht )
Due to legal uncertainty for the parties, in
the judicial review of the phrase “has not
been stipulated”, Article 155 paragraph (2) of
Law no. 13 Year 2003 concerning Manpower,“As long as the decision of the industrial
Visitors at the preliminaryhearing of the judicialreview of the NationalEducation Law, onThursday (13/10).
Public Relations of the ConstitutionalCourt/Andhini SF
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 51/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201126
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
relations dispute settlement institution has
not been stipulated, both the employer and
workers/laborers shall continue to perform
all of their obligations”, was declared
unconstitutional by the Constitutional Court,
insofar as it is not understood to have not
obtained permanent legal force.
According to the consideration of the
Constitutional Court in case No. 37/PUU-
IX/2011, the phrase “has not been stipulated”
in Article 155 paragraph (2) of Law 13/2003
shall be interpreted as referring to the
decision of the court that has obtained
permanent legal force because some decisions
of the Industrial Relations Court can directly
obtain permanent legal force at the first level
by the Industrial Relations Court, namely,
decisions concerning the of interest, decisions
concerning the disputes among worker unions/
labor unions in one company, as well as
decisions concerning disputes over rights
and termination of employment relationship
that are not subject to appeal. Decisions
concerning dispute over rights and termination
of employment relationship appealed must wait
for the decision of the Supreme Court first
before obtaining permanent legal force.
End of the criminalization to theFarmers
The formulation “it is prohibited to commit
actions that will result in damage to fields
and/or other assets” is too broad. The
words “other assets” do not provide a clear
definition. Elucidation of Article 21 of the
Plantation Law reads, “Referred to as the use
of plantation land without permission shall
be an act of occupation of land without the
permission of the owner in accordance with
laws and legislation”. For the Constitutional
Court, the act of occupation of land without
Expert of the Petitioner inthe Judicial Review of thePlantation Act was giving
his statement at the hearingof the Constitutional Court,
Tuesday (10/5).
Public Relations of theConstitutional Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 52/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 27
the permission of the owner has been the
case since the era of Dutch East Indies. At
that time, the Dutch East Indies government
gave a lot of land concessions in the form of
erfpacht rights without clear limitation, so that
they often violated the rights of indigenous
people or the rights under customary law
(erfelijk individueel bezitrecht). These conditions
resulted in conflict between the owners of
the erfpacht rights and indigenous peopleswho controlled the customary land rights. This
problem also occurred during the Japanese
occupation and after independence, so that
various rules have been formed to resolve
such disputes by consensus.
The issues of land occupation without the
owner’s permission are diverse. The solution
should be based on considerations of different
circumstances, in relation to the time of
emergence of the occupation and the cause
of the occupation. The Constitutional Court
assumed that the cases then occurring in
the newly-opened plantation areas might
have been due to the absence of a clear
boundary between the communal rights and
individual rights based on customary law and
the new rights granted by the state.
The Constitutional Court considered the
criminalization provisions excessive becausethe conflict that occurred was a civil dispute
which should be resolved through deliberation
as a priority. Thus the imposition of sanctions
was not appropriate if applied to the person
occupying land under customary law because
the emergence of indigenous rights had been
on ipso facto basis. That means that someone
opens, cultivates the lad and harvests the
crop based on the fact that he has been
intensively cultivating the land for a long time,
so that one’s relationship with the land is
Yusril Ihza Mahendratampak berdiri setelahmemberi penghormatankepada majelis hakim. MKmengabulkan permohonanterkait pengertian saksi dankewajiban memeriksa saksiyang meringankan, Senin(8/8).
HUMAS MK/Andhini SF
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 53/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201128
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
increasingly intensive, while on the contrary,
the relationship with customary rights land
has become increasingly weak.
Criminalization to farmers was expected to
end with the issuance of decision No. 55/
PUU-VIII/2010 passed by the Constitutional
Court on September 19, 2011.
Concessions for Management ofCoastal Waters are Unconstitutional
The granting of Concessions for the
Management of Coastal Waters (HP-3) as
stipulated in Article 1 paragraph 18, Article
16, Article 17, Article 18, Article 19, Article
20, Article 21, Article 22, Article 23 paragraph
(4) and paragraph (5), Article 50, Article
51, Article 60 paragraph (1), Article 71 and
Article 75 of Law 27/2007 is inconsistent
with the 1945 Constitution according toDecision No.3/PUU-VIII/2010.
According to the Constitutional Court, the
management of coastal areas and small
islands with a view to: (i) protecting,
conserving, rehabilitating, utilizing, and
enhancing coastal resources and small
islands and their ecological system in a
sustainable manner, (ii) creating harmony
and synergy between the Government and
Local Government in the management ofcoastal resources and small islands, and (iii)
strengthening the role of the community and
government agencies as well as promoting
community initiatives in the management of
coastal resources and small islands in order
to achieve justice, equity and sustainability,
cannot be granted with HP-3 by for the
reasons described above.
The Constitutional Court is of the opinion
that to avoid the transfer of responsibility
for state control over the management of
coastal waters and small islands to the
private sector, then the state can provide
the management rights through licensing
mechanisms. Granting permission to private
parties cannot be interpreted to reduce
the authority of the state to make policies
(beleid), to make regulations (regelendaad),perform administration (bestuursdaad),
management (beheersdaad), and control
(toezichthoudensdaad) for the purpose of
people’s welfare. In addition, it would be
still possible for the state to control and
supervise the whole management of coastal
waters and small islands.
Through the licensing mechanism, the granting
of rights to private sector management is
not the granting of property right fullytransferring the state’s right to control to the
private sector within a certain period. Thus,
coastal waters and small islands can still
be managed in an integrated manner and
by building the synergy of various sectoral
plans, addressing management overlaps,
conflicts of utilization and authority, as well
as providing legal certainty.
Defense Witness Must be Examined
The definition of the witness being only the
person who has heard, seen, and experienced
personally the events alleged or charged
restricts and even eliminates the opportunity
for the suspect or the accused to present
witnesses favorable to him because the phrase
“he/she has personally heard, personally seen
and personally experienced” requires that
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 54/273
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 55/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201130
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
12 Years, the Criminal Age Limit ofChildren
The Constitutional Court decided the age limit
of children to be subject to criminal liability
to be 12 years old. The minimum age limit
of 12 years provides greater guarantee of the
rights of children to grow and develop, to
obtain protection as guaranteed in Article 28B
Paragraph (2) of the 1945 Constitution.
The minimum age 8 years for children
to be brought to trial and the age not
yet reaching 8 years to be examined by
the investigator are in fact relatively low.
The elucidation of the Juvenile Court Law
to determine the age limit of 8 years
sociologically, psychologically, pedagogically,
when children can be considered to have had
a sense of responsibility. The Constitutional
Court’s opinion that the legal facts showthat there are some problems in the process
of investigation, detention, and trial injuring
the children’s constitutional rights.
The Constitutional Court declared the
phrase, “... 8 (eight) years ..., “in Article 1
paragraph 1, Article 4 paragraph (1), and
Article 5 Paragraph (1) of Law 3/1997
concerning Juvenile Court along with its
elucidation, particularly in relation to the
phrase” ... 8 (eight ) years ... “ conditionally
inconsistent with the 1945 Constitution
(conditionally unconstitutional), namely that it
is unconstitutional, unless interpreted to be”
... 12 (twelve) years ... “. Furthermore, the
phrase expressed in the articles of the Law
along with its elucidation shall have no binding
legal effect (conditionally unconstitutional),
namely unconstitutional, unless interpreted
to be”... 12 (twelve) years ...”.
Submission of the copy of thedecision of the State AdministrativeCourt in 14 Business Days
The Petitioner argued that Article 109
paragraph (3) of the State Administrative
Court Law is inconsistent with Article 28D
paragraph (1) and Article 28H paragraph (2)
of the 1945 Constitution. According to the
Constitutional Court in case No. 17/PUU-IX/2011, the provisions of this chapter have
been substantially changed by the existence
of Article 51a paragraph (2) of Law 51/2009
which states, “The Court shall submit a
copy of the decision to the parties within
a period of no later than 14 (fourteen)
business days as of the pronouncement of
the decision”, although Article 109 paragraph
(3) of the State Administrative Court is not
formally changed.
Since Article 109 paragraph (3) of the State
Administrative Court Law is not changed while
Article 51a paragraph (2) of Law 51/2009 in
substance regulated it differently, then keeping
the article would create legal uncertainty, so
it is inconsistent with Article 28D Paragraph
(1) of the 1945 Constitution. If Article 109
paragraph (3) of the state administrative
court is still applied, the provision of Article
51a paragraph (2) of Law 51/2009 will be
meaningless. To avoid such legal uncertainty,
then the principle of lex posteriori derogat
lex priori ( anteriori ) is applied. This means
that Article 109 paragraph (3) of the state
administrative court law as lex posteriori that
existed earlier was declared invalid by the
new provision of Article 51a paragraph (2)
of Law 51/2009 as lex priori ( anteriori) .
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 56/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 31
Prohibition of the Name “Ombudsman”is unconstitutional
In relation to the restrictions of the use of
the name “Ombudsman” as referred to in
Article 46 paragraph (1) and paragraph (2)
of Law 37/2008 concerning Ombudsman of
the Republic of Indonesia, the Constitutional
Court in its decision on case No. 62/
PUUVIII/2010 declared that the petition for judicial review of such article had legal
grounds, so the norm of that article was
declared unconstitutional and without any
binding legal effect.
The Constitutional Court considers that
ombudsman institution cannot be monopolized
by the state. Therefore, the prohibition of
the establishment of an institution by the
name of ombudsman by an institution or
organ other than the Ombudsman of the
Republic of Indonesia is not in line with the
constitutional spirit and protection guaranteed
by the constitution, namely the right to the
recognition, guarantee, protection and fair
legal certainty and equal treatment before the
law in the government and the constitutional
guarantee of the right of everyone to advance
himself in striving for their rights collectively
to develop the community, nation and state.
Such guarantee and protection should also be
given to any agency or institution to establishan ombudsman serving an independent
function to receive reports and complaints,
to investigate, provide alternative solutions or
to give advice on policies or settlement of
the complaints to a particular party.
In Emergency Situations, ParamedicsMay Perform Pharmacy Practice
Extremely limited authority is granted to
health workers, in addition to pharmacy staff,pharmacy-related staff, while on the other
The visitors looked seriousseeing the hearing of judicialreview of the Health Law,Friday (6/5)
Public Relations of theConstitutional Court/ Yogi Dj
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 57/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201132
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
hand if they deliberately do not help patients
in an emergency situation, they are threatened
with criminal sanction imprisonment or fine.
According to the Court, the sentence “...
must be performed by health personnel with
expertise and authority in accordance with
the laws and regulations” which, according
to its elucidation, are pharmacy personnel in
accordance with their expertise and authority,
where in the absence of pharmacy personnel,certain health professionals may practice
pharmacy in a limited manner, such as,
among others, physicians and/or dentists,
midwives, and nurses, to be implemented
in accordance with laws and regulations,
creates problems.
Such norm is right and fair when health
care facilities and infrastructure throughout
Indonesia have been met, also with the
availability of adequate human resources,in the sense that all necessary types of
competence and professionalism for good
health facilities. The evidence suggests that,
the health facilities and human resources are
in minimum conditions. In addition, access to
existing health facilities is very difficult.
Therefore, the Constitutional Court stated
in decision No.12/PUU-VIII/2010 that Article
108 paragraph (1) of Law No. 36 of 2009
concerning Health throughout the sentence, “...
must be performed by health personnel with
expertise and authority in accordance with
the laws and regulations” is unconstitutional
unless interpreted in such a way that health
workers are pharmacy staff, and in the
absence of pharmacy personnel, certain health
professionals can perform a limited pharmacy
practice such as, among others, physicians
and/or dentists, midwives, and nurses who
perform their duties in emergency situations
that threatens the safety of life and that
need immediate medical treatment to save
the patients.
Notice of Smoking Dangers Not Onlyin Writing
Health warning is “a clear and easy to
read writing which can be accompanied
by a picture or any other form “. Penaltyshall apply to “Any person who intentionally
produces or imports cigarettes into the
territory of the Republic of Indonesia without
including a health warning in the form of a
picture as intended in Article 114 shall be
sentenced to imprisonment. According to the
Constitutional Court in its decision No. 34/
PUUVIII/2010 there are unsynchronized norms
whose interpretations potentially impair the
rights of citizens.
Such provisions must be interpreted as the
obligation of manufacturers and importers of
cigarettes to include a warning in the form
of clear text and images. It thus deals with
security and protection of the rights of every
person to obtain information as stipulated
in Article 28F of the 1945 Constitution. The
mandatory health warning signs which include
a picture or any other form are intended
to ensure fulfillment of the constitutional
rights of citizens of Indonesia, especially
the consumers and/or potential consumers
of cigarettes to obtain information about the
dangers of smoking.
In the injunction of its decision, the
Constitutional Court stated, among others,
that the word “may” in Article 114 of Law
No.36 of 2009 concerning Health along
with its elucidation are unconstitutional and
have no binding legal force, so that the
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 58/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 33
elucidation of the article shall fully read:
“Referred to as” health warning “in this
provision shall be clearly written and easy
to read text accompanied by pictures or
other forms. The phrase “in the form of
images” in Article 199 paragraph (1) of
the Health Law is unconstitutional and has
no binding legal force, so that the article
has become, “Any person who deliberately
manufactures or imports cigarettes into theterritory of the Republic of Indonesia without
including a health warning referred to in
Article 114 shall be punished with maximum
imprisonment of 5 (five) years and maximum
fine of Rp500,000,000.00 (five hundred million
rupiah).
Status of Native Papuan based on theRecognition of Indigenous Tribes
The provision that Papuan People’s Assembly(MRP) has the duty and authority to give
considerations and approval of the candidates
and prospective candidates for Governor and
Vice Governor by DPRP is, according to
the Court, unclear and could lead to legal
uncertainty and could lead to unjust violations
of constitutional rights guaranteed by the
constitution, both for indigenous tribes in
Papua as well as customary law community
units as well as for individual citizens of
the native tribes.
In the legal consideration of the Constitutional
Court in case No.29/PUU-IX/2011, Yawa Onat
Tribe is factually a customary law community
unit having traditional rights in the province
of Papua which have obtain constitutional
guarantee and protection. The absence of
local regulations that establish the existence
of a customary law community unit does
not mean the absence of customary law
community unit.
A witness was giving hisstatement in relation to
judicial review of nativePapuan people to run forregional head in the PapuaSpecial Autonomy Law,Tuesday (14/06).
Public Relations of theConstitutional Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 59/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201134
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
According to the Constitutional Court, the two
criteria of indigenous Papuans in Article 1,
sub-article t of Law 21/2001, have reflected
the meaning that the membership of a
customary law community may arise, either
naturally coming from members of indigenous
tribes or because they have been recognized
as members of the customary law community
for common reasons of the customary law
community concerned, and performed inaccordance with the mechanism consistently
applied by the customary law community. The
recognition and acceptance of outsiders to
become members of the tribe of a customary
law community by Yawa Onat Tribe must
follow customary procession that have been
performed under the laws and customs of
the tribe concerned, and must also obtain
constitutional guarantee and protection.
MRP’s action that ignored the decision of thecustomary law community of Yawa Onat that
had acknowledged and accepted a person
to be a member of the customary law
community unit was not appropriate because
it had ignored the constitutional rights of
the customary law community unit of Yawa
Onat. The Constitutional Court declared Article
20 paragraph (1) sub-paragraph a of Law
No. 21 of 2001 on Special Autonomy for
Papua Province unconstitutional to the extent
it is not interpreted that the consideration
and approval of the MRP on a person’s
status as an indigenous person of Papua as
referred to Article 1 sub-article t of Law No
21 of 2001 on Special Autonomy for Papua
Province, prospective candidates for governor
and/or vice governor shall be based on the
recognition of the indigenous tribes in Papua
from which the prospective candidates of
governor and/or vice governor are.
Decisions on Disputes overthe Results of GeneralElec t ions of Regiona lHeads
In addition to judicial review, throughout
2011, the Constitutional Court has exercised
its authority to adjudicate disputes over
the results of general elections of regional
heads (PHPU Kada). This authority is
mandated by Article 24C paragraph (1) of
the 1945 Constitution, Article 10 paragraph
(1) sub-paragraph d of Law No.24 of 2003
concerning the Constitutional Court juncto
Article 29 paragraph (1) sub-paragraph d of
Law No.48 of 2009 concerning Judicial Power.
The authority of the Constitutional Court is
affirmed in Article 236C of Law 12 Year
2008 concerning the Second Amendment to
Law No. 32 of 2004 concerning Regional
Government followed-up with the signing of
the transfer of authority to hear cases of
Dispute over the Results of General Election
of Regional Head from the Supreme Court
to the Constitutional Court on October 29,
2008, so that since November 1, 2008 the
cases have been heard by the Constitutional
Court until today.
Throughout 2011, cases handled by the
Constitutional Court still showed the practice
of democracy being just on the body and
skin rather than the substance. The spirit of
democracy was caged and marginalized due
to various forms of violations, dishonesty,
partiality, money politics, even threats
and intimidation. Consequently, regional
governments formed were governments
claiming democracy or democratic legitimacy
for winning the General Election of the
Regional Head directly, while in fact,
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 60/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 35
this set aside values of democracy and
principles of rule of law state in running
the government.
Democracy is indicated not only by the
implementation of the general elections
regularly with the presence of competition
among candidates of the leaders/
representatives of the people and people’s
participation in assessing and determining
their choice. General Election and also the
General Election of the Regional Head are
not intended to gain power by fraudulent
means in violation of the principles of
democracy or to make democracy as the
arena for short-term interest transactions,
where the people serve only as objects placed
and controlled by consumers who desire a
candidate with the slogans, advertisements,
and money. People’s participation does not
stop with the election of the representatives
and leaders.
In essence, substantive democracy is real
democracy. In addition to implementing
procedural democracy, we also need to
realize the “actually true” democracy.
Democracy is not merely understood as
a general election as it is in authoritarian
states. General Elections are an important
aspect of democracy to be widely used
and implemented with integrity and quality,
both in the process and outcome. Principles
of democratic elections are also applied
factually and as a means for implementing
people’s sovereignty performed in a direct,
general, free, confidential, honest, just and
accountable manner.
Government formed on the basis of people’s
choice is expected to do something for
the benefit of the people. The will and
wishes of the people underlie and flow into
all the policies stipulated by the people’s
representatives and leaders at the national
Panel of justices of theConstitutional Courtchaired by Akil Mochtarwas examining the case ofDispute over the Resultsof the General Electionof the Regional Head ofMorotai Regency.
Public Relations of the ConstitutionalCourt/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 61/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201136
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
and local levels. Policies produced shall
involve not only the citizens, but it shall
also accommodate all the wants, needs,
aspirations and preference of the people.
Substantive democracy that accommodates
diverse interests, shall give equal opportunities
to all the people in order to bring prosperity
and justice for all citizens.
In 2011, from the petition of the Dispute overthe Results of General Election of Regional
Head, constitutional court justices have moved
to open the way for developing a substantive
democracy in enforcing a constitutional
democratic state. The two main principles in
the constitution which are always used as
reference are democracy and protection of
citizens’ constitutional rights. Democracy is
not merely a procedure, but it also as a
set of values that determine the form and
function of the government.
Democracy shall be understood not only as
the norms of legal rules and decisions, but
more important as its compliance with the
will and sense of justice of the people at
large. Democracy cannot leave, much less
violate citizens’ constitutional rights, because
a democracy should rely on law (nomocracy),
because democracy is actually standing on
the principle of recognition of citizenship with
all the rights as citizens. Automatically, it is
not democracy if in the implementation it
violates constitutional rights of citizens.
In its decisions, the Constitutional Court
found the practice of democracy colored
with money transaction and fraud and also
opened the way to respond to democracy
interpreted procedurally. The Constitutional
Court moved from being a “calculator”
court only adjudicating disputes over the
number of results between the participants
in the General Election and the organizer to
examining more substantial matters, namely
violations and fraud that appear to distort
the real substance of democracy and violate
citizens’ constitutional rights. The Constitutional
Court does not have any explicit authority
to prosecute and punish any violations and
fraud in the cases it hears, but it is as
it should, a constitutional obligation for the
sake of upholding a constitutional democraticstate, to make it the basis for passing
decisions in accordance with substantive
justice as well.
Systematic, structured and massive violations
have an impact on the final vote result of
General Head Election. Most decisions on
systematic, structured and massive violations
were passed in 2011 with decisions ordering
re-voting using the instrument of interlocutory
injunction. In addition to systematic, structuredand massive violations, a number of violations
related to the right to be selected, the right
to run for regional head, and violations
during the stages of General Election of
Regional Head, were also decided upon by
the Constitutional Court in accordance with
the violations. Decisions of the Constitutional
Court based on the quality and quantity
have increasingly developed by conducting
an assessment of various criminal and
administrative violations at each stage of
the General Election of Regional Head with
sanctions being in accordance with the weight
of violations in the domain of authority the
Constitutional Court.
The Constitutional Court in hearing a case
of Dispute over the Results of General
Election of Regional Head is still within
the framework of the paradigm to uphold
substantive justice and the judiciary to provide
electoral justice by recovering the violations
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 62/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 37
of election rights, in addition for learning the
democratic process by providing strict and
hard punishment. This paradigm has given way
to the awakening of the purpose and nature
of democracy itself. The Constitutional Court
asserts itself as the guardian of democracy
by continuously referring to the principle
of substantive justice and democracy, not
merely to procedural justice and democracy
with periodic elections but full of fraud andleft unquestioned.
During 2011, the Constitutional Court received
petitions of Dispute over the Results of
General Elections of Regional Heads and
registered as many as 126 petitions and 6
remaining cases, 131 cases not yet decided
upon by the Constitutional Court, so that
there was one case not yet resolved. Of
the total 131 cases decided, 13 cases were
granted (10%), 87 cases were rejected (66%)and 28 cases could not be accepted (21%)
and 1 case was withdrawn (1%). Unlike the
decisions made previously, this time the
Constitutional Court made relatively many
decisions granting the petitions so as to make
a legal breakthrough in addition to continuing
the case-law of previous decisions.
Disqualifying the Candidate Pair inthe General Election of the Regional
Head of Pati
The Constitutional Court was of the
opinion that the replacement of prospective
candidate pairs for regional head and deputy
regional head during the completion of
files of nomination requirements is justified
and allowed. Even though it allowed for
replacement, the candidates who would
replace the petitioner (H. Imam Suroso and
Sujoko) would also be assessed whether
they have obtained the recommendationfrom DPP PDIP.
Expression of the Petitioners’attorneys after the reading ofthe decision on the Disputeover the Results of GeneralElection of the RegionalHead of Pati Regency, onMonday (22/8).
Public Relations of theConstitutional Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 63/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201138
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
It was proven that in accordance with
the guidelines for the Implementation of
Registration and Screening of Candidates for
Regional Head and Vice Regional Head of
the Provincial/City from PDI-P an absolute
right had been granted to DPP PDIP to
determine and decide upon the candidates
who would be nominated. In addition, the
Central Executive Board (DPP) of PDI-Struggle
had also issued Decision No. 082/KPTS/DPP/V/2011 regarding the dismissal of H.
Sunarwi, SE., MM. from membership in PDI P
dated May 22, 2011. Under these provisions,
and by State Administrative Court Decision
No. 24/G/2011/PTUN Semarang. SMG, dated
August 15, 2011 (see Exhibit P-30) even
though legal measures were sought by
the interested parties against the decision,
the Constitutional Court believed that the
nomination of the Related Parties (H. Sunarwi
and Tejo Pramono) as a Candidate Pair ofthe Regent and Vice Regent of Pati Regency
2011 was in violation of the provisions
stipulated in the intended PDIP regulation.
Considering that since the nomination of the
Related Parties was not in accordance with
the provisions stipulated in PDIP regulation
mentioned above, then the Constitutional
Court declared the nomination invalid and
they should be disqualified as a Candidate
Pair of Regional Head and Deputy Head of
Pati regency in 2011.
According to the Constitutional Court, the
Prospective Candidate Pair of Regent and
Vice Regent of Pati regency 2011 who
were legally nominated by PDIP consisted
of Imam Suroso and Sujoko (Petitioners).
Since in the nomination, the Respondent had
not verified the requirements for Prospective
Candidate Pair of Regent and Vice Regent
of Pati 2011 for Imam Suroso and Sujoko
(Petitioners), the Constitutional Court ordered
the General Election Commission of Pati
Regency to conduct verification of the
requirements for the prospective candidates
pair of Imam Suroso and Sujoko (Petitioners)
and after verification if they were qualified
as candidates, the candidate pair had to
be included in the General Election ofRegional Head and Vice Regional Head of
Pati regency 2011.
In its decision No.82/PHPU.D-IX/2011 the
Constitutional Court disqualified the candidate
pair of H. Sunarwi and Tejo Pramono in
the General Election of the regional head
of Pati Regency 2011 and ordered to the
General Election Commission of Pati Regency
to conduct verification of the requirements
of the prospective candidate pair of theRegent and Vice Regent of Pati Regency
2011 of, H. Imam Suroso and Sujoko to
replace the candidate pair of H. Sunarwi and
Tejo Pramono in accordance with applicable
laws and regulations, and ordered to General
Election Commission of Pati Regency to re-
stipulate the candidate pair in the General
Election of the Regional Head of Pati Regency
2011. The Constitutional Court subsequently
ordered the General Election Commission of
Pati Regency to conduct re-voting in General
Election of the Regional Head of Pati Regency
2011 and ordered the General Election
Commission, the General Election Supervisory
Board, the General Election Commission of
Central Java Province, the General Election
Supervisory Committee of Pati Regency to
supervise the re-voting in accordance with
their authority.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 64/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 39
Re-verification of Candidates ofGovernor and Vice Governor ofCentral Tapanuli
The General Election Commission of Central
Tapanuli proved to have committed violations
in the General Election of the Regional Head
of Central Tapanuli Regency These violations
was committed by not conducting verification
and clarification to the Central ExecutiveBoard of the Political Party nominating
prospective candidate pairs of regional head
according to applicable regulations. In fact,
the General Election Commission of Central
Tapanuli as Respondent in this case, was
aware the problems in the management of
the nominating parties.
The Respondent could not prove that it had
conducted the research on the legality of
the administrators of political parties and
factual clarifications in accordance with Article
61 of the General Elections Commission
Regulation (PKPU) No. 13/2010 concerning
Technical Guidelines for Regional Head
Election Nomination Procedures. Meanwhile, the
Petitioners, Candidate Pair of Regional Head
Albiner Sitompul and Steven PB Simaningkalit,
were able to prove the existence of political
parties which had not been verified.
Thus, the Constitutional Court stated in its
decision number 31/PHPU.DIX/2011, that the
petition was proven partly. The Constitutional
Court ordered the Respondent to perform
verification and clarification of the four
candidates nominated by political parties in
the General Election of the Regional Head
of Central Tapanuli. The pairs were the pair
of Dina Riana Samosir and Hikmal Batubara,
pair of Albiner Sitompul and Steven PB
Simanungkalit, pair of Muhammad Armand
The General ElectionCommission was givingthe statement on theimplementation of thedecision of the ConstitutionalCourt to re-verify thecandidates of Regent andVice Regent of CentralTapanuli, Thursday (26/05).
Public Relations of the ConstitutionalCourt
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 65/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201140
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
Effendy Pohan and Hotbaen Gultom Bonar, as
well as the pair of Raja Bonaran Situmeang
and Sukran Jamilan Tanjung.
The Constitutional Court subsequently
ordered for the results of the verification
and clarification to be reported to the
Constitutional Court within 30 (thirty) days
after the decision was pronounced. The
Constitutional Court also ordered theRespondent to conduct verification and factual
clarification in accordance with Article 61 of
PKPU No. 13/2010. This provision, in essence,
indicates if there are problems related to the
nominating party, i.e. management of double
or multiple nominations, the Commission shall
conduct research to the central leadership
of the party and clarified the matters by
referring to the articles of association of
the political party concerned. And, if the
problem is the management at the centrallevel, the clarification shall be conducted
with reference to the Minister of Justice and
Human Rights Republic of Indonesia on the
ratification of the management of political
parties which are still valid.
Meanwhile, with respect to case No.32/
PHPU.DIX/2011 filed by candidates Dina
Riana Samosir and Hikmal Batubara, the
Constitutional Court decided to postpone the
decision on the substance of the petition
until decision No. 31/PHPU.D-IX/2011 had
been implemented.
Verification of Prospective Candidatesand Re-voting in Buton Regency
In relation to the petition of Dispute over the
Results of General Election of the Regional
Head of Buton Regency, the Constitutional
Court in its decision of the case No.
91-92/PHPU.D-IX/2011, ordered the Buton
Regency Commission to conduct administrative
and factual verification of the nominated
prospective candidate pairs nominated by
political parties as many as seven people
and four individual candidates.
In addition, the Constitutional Court ordered
the General Election Commission, the General
Election Supervisory Board, the General
Election Commission of Southeast Sulawesiprovince, and the General Election Supervisory
Committee of Buton Regency to supervise
the implementation of administrative and
factual verification for prospective as well
as the re-voting in accordance with their
authority.
The Constitutional Court argued that it had
been convincingly proven that Respondent
was not serious in conducting verification
of the screening of candidates from politicalparties and had obstructed the right of
Petitioner I to be nominated in a candidate
pair participating in the General Election of
the Regional Head of Buton Regency 2011
(rights to be candidate) which constituted
serious violations of the constitutional rights
of Petitioner I guaranteed by the constitution.
In addition, Member of the General Election
Commission, Sumarno, had asked for money
to the Petitioner I, had injured the democratic
principles of honesty and fairness in the
implementation of General Election of the
Regional Head of Buton Regency Election
of 2011.
In addition, according to the Constitutional
Court, it had been convincingly proven
that the Commission did not conduct the
administrative and factual verification correctly
according to the law on individual candidate
pairs so as to violate the principles of
direct, public, free, confidential, honest, and
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 66/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 41
fair election, as mandated in the constitution.
The passage of individual candidates without
proper verification had affected the results of
Election, so that such violations were included
in the category of structured, systematic
and massive violations which could cancel
the results of the Regional Head General
Election.
Campaign and Re-Voting in WestPapua Province
After a relatively long process, the
Constitutional Court in its decision on case
No.84/PHPU.DIX/2011 passed a final decision
ordering the General Election Commission of
West Papua province to organize the campaign
stage and re-voting in the General Election
of Regional Head of West Papua Province.
Four Candidate Regional Head and DeputyHead of Region, namely: Wahidin Puarada-
Herman Donatus Pelix Orisoe, Dominggus
Mandacan and Origenes Nauw, Abraham
Octavianus Atururi- Rahimin Katjong, and
George Celcius Auparay- Hasan Ombaier had
to participate in the campaign and re-voting.
In addition, the institution also decided to
instruct the General Election Commission,
the General Election Supervisory Board, the
General Elections Supervisory Committee of
West Papua province to supervise the stage
of campaign and re-voting in accordance
with their authority.
The Constitutional Court argued that part of
the Petitioners’ petition was proved to have
affected the results of General Election of
the Regional Head of West Papua Province
in 2011, especially as the General Elections
Supervisory Committee of West Papua
Province, according to General Election
Supervisory Board, could not carry out its
duties for having no access.
The implementation of the campaign and
voting, being only followed by one out
of four candidate pairs, according to the
Constitutional Court, reduced and even
negated the legitimacy of the results. To
Produce the Governor and Vice Governor
of West Papua who have strong legitimacy,the Constitutional Court considered that the
campaign and voting should be conducted
again to be followed by all existing (four)
pairs of candidates. Nevertheless, to prevent
the campaign and re-voting from being
interrupted by possible re-boycott by one or
more candidate pairs, the Constitutional Court
argued, that the rescheduled campaign and
re-voting should be held even if there was
a General Election candidate participant who
after the decision was pronounced declarednot participate or to boycott. Simultaneously,
this is an obligation of the General Election
Commission, the General Election Supervisory
Board, and the General Election Supervisory
Committee to supervise and monitor the
implementation of this decision according to
their respective authorities.
Re-opening the Registration of theCandidates for Aceh Governor
As a result of the stipulation of the
stages, program, and schedule of General
Election implementation in Aceh by the
Independent Election Commission of Aceh,
and the interruption of the discussion of
the regional regulation (qanun) concerning
the procedures for the implementation of
the phases of General Election in Aceh, the
regulation concerning the General Election
of the Regional Head in Aceh led to legal
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 67/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201142
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
Independent ElectionCommission of Aceh was
presenting its explanation atthe hearing on the case of
the Dispute over the Resultsof General Election of the
Regional Head of Aceh,Monday (31/10)
Public Relations of theConstitutional Court/ Eva
uncertainty, in addition to the old regional
regulation (qanun) that needed to be changed
because it contained limitations, while the
changes were not yet implemented and
even the discussion was stalled, so that
the Constitutional Court should pass an
interlocutory injunction.
Before passing the final decision, theConstitutional Court ordered the Respondent
to re-open registration for candidate pairs of
Governor/Vice Governor, Regent/Vice Regent,
and Mayor/Vice Mayor, to give opportunity
to new candidates who had not been
registered, nominated whether by political
parties, coalition of political parties or, up to
7 (seven) days as from the pronouncement of
the interlocutory injunction. The Constitutional
Court subsequently declared adjustments to
the stage, program, and schedule of general
elections of Governor/Vice Governor, Regent/
Vice Regent, Mayor/Deputy Mayor in Aceh
Province, as a result of this interlocutory
injunction.
The Petitioners in case No. 108/PHPU.
DIX/2011 dated November 2, 2011 were H.T.A.Khalid, prospective candidate of the Regional
Head of Aceh Province and Fadhlullah,
prospective candidate of the Regional Head
of Pidie Regency. The Respondent was the
Independent Election Commission of Aceh,
while the Related Party was Irwandi Yusuf,
candidate for Governor, Participant of the
General Election of Regional Head and Deputy
Head of Aceh Province 2011.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 68/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 43
Independent Election Commissionof Aceh was to Continue theImplementation of General Electionof the Regional Head
The Constitutional Court in its decision to
strengthen its Provisional Injunction Number
108/PHPU.D-IX/2011 dated November 2,
2011, ordered the Independent Election
Commission of Aceh and the Independent
Election Commission of Regency/City to
continue the implementation the stages,
program, and schedule of implementation of
general elections of Governor/Vice Governor,
Regent/Vice Regent, Mayor/Deputy Mayor in
the province of Aceh; individual candidates
in the General Election were appropriate and
not inconsistent with the 1945 Constitution
of the Republic of Indonesia and did not
violate point 1.2.2 of the Memorandum of
Understanding between the Government of
the Republic of Indonesia and the Free Aceh
Movement. In addition, the Constitutional Court
declared it had authority to hear the dispute
over the results of General Election of the
regional head in Aceh Province.
According to the Constitutional Court, allowing
individual candidates in the General Election
of the Regional Head for other regions in
Indonesia that would learn from the people
of Aceh is intended, among other things, to
increase the value of democracy in general
election of the regional head. Individual
candidates who were previously allowed only
once, namely in general election of regional
head 2006, was be applied to the subsequent
general elections of the regional heads.
The atmosphere of the takingthe witnesses’ oath beforesubstantiation in the caseof Dispute over the Resultsof General Election of theRegional Head of Morotai.
Public Relations of theConstitutional Court
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 69/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201144
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
General Election Commission of MTBRegency Ordered to Receive theCandidacy Files
An important decision in 2011 was the
interlocutory injunction of the Constitutional
Court ordering the General Election Commission
of West Southeast Maluku Regency to
accept the files of the Candidate Pair of
Isai Wuritimur and Angwarmase Lukas (thePetitioners), and to perform administrative
verification and factual clarification. In
addition, the General Election Commission of
Maluku and the General Elections Supervisory
Committee of West Southeast Maluku Regency,
as well as General Election Supervisory Board
were ordered to supervise the verification and
clarification according to their authority. In
addition, the interlocutory injunction ordered
to report the administration verification and
factual clarification to the Constitutional Court
within 45 (forty five) days after this decision
was pronounced.
The Interlocutory Injunction in case No.
125/PHPU.DIX/2011 was petitioned by the
Prospective Candidate Pair of Isai Wuritimur
and Angwarmase Lukas in the General Election
of the Regional Head of West Southeast
Maluku 2011. In its consideration, the
Constitutional Court found indications of anattempt of the General Election Commission
to obstruct the political party to nominate the
candidate pair (right to propose candidate),
and the neglect of the court decision, which
indicated the existence of bad faith of the
General Election Commission. In addition, it
heard the opinions of some experts, including
the opinion of the Petitioner’s expert Maruarar
Siahaan who explained that if the organizer
of the general election for no clear reason,
intentionally set aside the candidate pair,
The witnesses returned totheir seats after having their
oath taken as witnessesin the case of the General
Election of the RegionalHead of Central South-East
Maluku, Thursday (15/12).
Public Relations of theConstitutional Court/ Andhini SF
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 70/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 45
then allowing it to happen would lead to
the violation of the right to be candidate
as human rights and having the position
as a supra-constitutional norm. Therefore,
according to the Constitutional Court, there
were violations of the rights of individual and
political parties and/or coalition of political
parties to file candidate pairs who should
not be ignored in the implementation of the
General Elections.
Meanwhile, the case No.124/PHPU.D-IX/2011,
for the sake of legal certainty and fairness
in maintaining the principle of the General
Election of the Regional Head which is direct,
general, free, confidential, honest, and just,
the Constitutional Court issued a provisional
injunction before passing the final decision,
whereby the substance of the Petitioners’
petition was postponed until the administrative
verification and factual clarification by the
General Election Commission as ordered by
the Constitutional Court in decision Number.
125/PHPU.D-IX/2011 dated December 23,
2011 had been performed and reported to
the Constitutional Court.
Re-Voting in all Polling Stations inPekanbaru City and in 4 Districts ofCianjur Regency
The Constitutional Court its Interlocutory
injunction on Friday (24/6), ordered toGeneral Election Commission of Pekanbaru to
perform re-voting (PSU) in all polling stations
in the city of Pekanbaru. The Constitutional
Court also ordered the General Election
Commission, the General Election Supervisory
Board and the General Elections Supervisory
Committee, the General Election Commission
of Riau Province and the General Elections
Supervisory Committee of Pekanbaru City to
supervise the re-voting in accordance with
their authority. In addition, the results of
The panel of justice chairedby Moh. Mahfud MD gave abrie ng before the witnesseshad their oath taken, onMonday (13/06).
Public Relations of theConstitutional Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 71/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201146
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
the re-voting should be reported to the
Constitutional Court no later than 90 days
after the pronouncement of the decision.
The decision on the case of the dispute
over the results of General Election of
the Regional Head Election of Pekanbaru
No.63/PHPU.D-IX/2011 was filed by the
candidate pair of Septina Primawati-Erizal
Muluk. The Constitutional Court argued that
the implementation of General Election of
the Regional Head of Pekanbaru City 2011indicated the occurrence of violations that
were structured, systematic and massive (TSM)
which injured the principles of democratic
implementation of the General Election
based on the principles of direct, general,
free, confidential, honest and just general
elections.
In addition, in its decision on the Dispute
over the Results of General Election of
the Regional Head of Cianjur No. 10-12/PHPU.D-IX/2011, the Constitutional Court also
ordered to the General Election Commission
of Cianjur Regency to perform re-voting in
General Election of the Regional Head of
Cianjur Regency in 4 (four) districts, namely:
(1) Cianjur District, (2) Cipanas District, (3)
Mande District, and (4) Pacet District and
ordered the General Election Commission of
West Java Province, the General Election
Supervisory Board, and the General Elections
Supervisory Committee of Cianjur Regency to
supervise the re-voting in accordance with
their authority, and to report the results ofthe re-voting to the Constitutional Court no
later than 60 (sixty) days after this decision
was pronounced.
According to the Constitutional Court there
were structured, systematic and massive
violations in the implementation of General
Election of the Regional Head in Cianjur
Regency, namely in the form of radiogram
issuance and utilization of ARWT organizations
to socialize and campaign the workingprograms of the Related Party in a structured
Candidate of SouthTangerang Regent was
interviewed by the mediaafter the Constitutional Court
read the nal decision.
Public Relations of theConstitutional Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 72/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 47
manner and in stages involving many regional
government officers from the district level
up to the Neighborhood Ward/Neighborhood
Block level, and these had been conducted
with systematic and mature planning, so as
to violate the principles of direct, general,
free, confidential, honest and just general
elections. The petition was proven and also
convinced the Constitutional Court only in 4
(four) districts in Cianjur Regency. kecamatandi Kabupaten Cianjur.
Stipulating the Correct Vote Acquisitionof Vote after Re-Voting
Throughout 2011, after re-voting was
implemented according to the injunction of the
Constitutional Court, then the Constitutional
Court in the final decision of the Dispute
over the Results of General Election of the
Regional Head of South Buru Regency caseNo. 216/PHPU.DVIII/2010, on March 4, 2011,
the Constitutional Court decided to stipulate
the correct vote acquisition for the participants
in the General Election of the Regional Head
of South Buru Regency 2010 consisting of
six candidate pairs. The majority vote was
acquired by the Candidate Pair Number 6 of
Tagop Sudarsono Soulissa and Ayub Seleky
who acquired 8,443 (eight thousand four
hundred and forty-three) votes.
Subsequently, with the implementation of
the re-voting in the General Election of theRegional Head of Pandeglang Regency in all
polling stations of Pandeglang on Sunday,
December 26, 2010, the Constitutional Court
in its final decision No. 190/PHPU.D-VIII/2010
argued that no new matters and situations
were convincingly supported by written
evidence of the parties that could significantly
affect the results of the acquisition of
votes and which could change the ranks of
acquisition of votes as well as the eligibility
of each Candidate Pair. Moreover,, theacquisition of votes between the Petitioners
and Related Parties now getting increasingly
different, namely 34,948 votes initially, and
The visitors were watchingthe hearing via a monitorscreen at the ConstitutionalCourt Building.
Public Relations of theConstitutional Court
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 73/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201148
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
In addition, on April 26, 2011, the
Constitutional Court stipulated the vote
acquisition in the re-voting in Cianjur District,
Cipanas District, Mande District, and Pacet
District in General Election of the Regional
Head of Cianjur Regency 2011 with the
majority of vote being acquired by candidate
pair number 5, H. Tjetjep Muchtar Soleh and
H. Suranto, namely with 67,912 (sixty seven
thousand nine hundred and twelve) votes.
The Constitutional Court then stipulated the
overall acquisition of votes (after re-voting)
in the General Election of the Regional Head
of Cianjur Regency 2011 with the majority
of vote being acquired by candidate pair
number 5, H. Tjetjep Muchtar Soleh and H.
Suranto with 379,797 (three hundred seventy
nine thousand seven hundred and ninety-
seven) votes.
then 44,639 votes after re-voting. In the
injunction, the Constitutional Court stipulated
the results of the vote acquisition for each
candidate pair in the General Election of the
Regional Head of Pandeglang Regency 2010
consisting of six candidate pairs, with the
majority vote being acquired by candidate pair
number 6, H. Erwan Kurtubi and Hj. Heryani,
with 265,263 (two hundred sixty five thousand
two hundred and sixty-three) votes.
Subsequently, the Constitutional Court passed
its final decision by stipulating the acquisition
of votes in the re-voting of the General
Election of the Regional Head of North
Konawe Regency 2010 with the majority
of vote among the eight candidates being
acquired by candidate pair number 1, H.
Aswad Sulaeman P and Ruksamin namely
with 2,327 (two thousand three hundred and
twenty-seven) votes.
Vice Regent of Cianjur asRelated Party in the case of
the Disputes over the Resultsof General Election of theRegional Head of Cianjur
was waving hand after thereading of the decision, on
Tuesday (26/04)
Public Relations of theConstitutional Court/Ganie]
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 74/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 49
As for the case of Dispute over the Results
of General Election of the Regional Head of
Tebo Regency, the Constitutional Court in its
final decision stipulated the vote acquisition
of each candidate pair in the re-voting of
General Election of the Regional Head of
Tebo Regency 2011 consisting of the three
candidate pairs, with the majority vote
being acquired by candidate pair number
1, H. Sukandar and Hamdi with 78,754
(seventy-eight thousand seven hundred and
fifty-four) votes.
Furthermore, in its final decision of case
No.209-210/PHPU.D-VIII/2010, the Constitutional
Court stipulated the vote acquisition in Re-
voting of the General Election of the Regional
Head of South Tangerang City 2010, with the
majority vote being acquired by candidate
pair number 4, Hj. Airin Rachmi Diany
and H. Benjamin Davnie with 241,797 (two
hundred forty one thousand seven hundred
and ninety-seven) votes.
St ipula t ing the Correc t VoteAcquisition
Throughout 2011, in the case of the Dispute
over the Results of General Election of
Morotai Regency No. 59/PHPU.D-IX/2011,
the Constitutional Court declared that the
General Election Commission was found guilty
of violations and errors in the recapitulation
of the counting of vote acquisition in allpolling stations located in five districts of
Morotai Island Regency, which had benefited
one of the candidate pairs and harmed the
other candidate pairs and had injured the
joints of democracy in the General Election
of Regional Head should be direct, general,
free, confidential, honest, and just.
Based on these considerations, the
Constitutional Court had to stipulate the
correct vote acquisition of all candidatepairs from all polling stations located in five
districts of Morotai Island Regency according
Joy of the hearingvisitors after the Panelof Justices read thedecision on the caseof the Dispute over theResults of the GeneralElection of the RegionalHead of Gorontalo,Monday (19/12).
Public Relations of theConstitutional Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 75/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201150
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
to the Constitutional Court in line with the
evidence and the facts that revealed in the
hearing. In its injunction, the Constitutional
Court stipulated the correct vote acquisition
of vote with the majority vote being acquired
by candidate pair number 3, Rusli Sibua and
Weni R. Paraisu, with 11,384 (eleven thousand
three hundred and eighty-four) votes.
In addition, the Constitutional Court in itsdecision of the case No.59/PHPU.D-IX/2011,
dated December 19, 2011, declared the
cancellation of the vote acquisition of
Candidate Pair Number 3 of H. David
Bobihoe Akib and H. Nelson Pomalingo in
the General Election of the Regional Head
of Gorontalo Province 2011, with 105,148
(one hundred five thousand one hundred and
forty-eight) votes that obtained from Gorontalo
Regency. The Constitutional Court stipulated
the correct vote acquisition each candidate
pair (3 candidate pairs) participating in the
General Election of the Regional Head of
Gorontalo Province 2011 with the majority
vote acquisition by candidate pair number 1
of H. Rusli Habibie and H. Idris Rahim, with
264,011 (two hundred sixty four thousand
and eleven) votes. The Constitutional Court
ordered the General Election Commission
of Gorontalo Province to correct DecisionNumber 22/Kpts/Pilgub/KPU-Prov-027/2011
concerning Stipulation of the Results of
the Vote Acquisition Recapitulation of the
General Election of the Regional Head and
Vice Regional Head of Gorontalo Province
2011, dated November 23, 2011, according
to this injunction as the final result of the
General Election of the Regional Head of
Gorontalo Province 2011.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 76/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 51
Article 24C paragraph (1) and paragraph
(2) of the 1945 Constitution constitutes
the constitutional basis of the
authorities of the Constitutional Court. This
independent judicial institution that holds
judicial power for enforcing the law and
justice has 4 (four) constitutional authorities
and 1 (one) constitutional obligation. Article
24C paragraph (1) of the Constitution explicitlymentions the four authorities, namely: to
conduct judicial review of Laws under the
Constitution, to decide upon disputes over the
authority of state institutions whose authority
is granted by the Constitution, to dissolve
political parties and to decide upon disputes
over the results of general elections.
In the course of its development, Regional
Head General Election is considered as the
General Elections regime. It was subsequently
regulated by Law No. 12 Year 2008 concerning
the Second Amendment to Law No. 32 Year
2004 concerning Regional Government and
Law No. 22 Year 2007 concerning General
Election Organizers. In essence, the regulation
states that the handling of Disputes over the
Results of Regional Head Election (Pemilukada)
by the Supreme Court is to be delegated to
the Constitutional Court by no later than 18months following the enactment of the law.
Finally, on October 29, 2008, the Chief Justice
of the Supreme Court and the Chief Justice
of the Constitutional Court jointly signed
the Minutes of the Delegation of Authority
to Hear Cases, as the implementation of
Article 236C of Law No.12 Year 2008, so
that since then, the institution being the
guardian of the constitution has practically
been exercising the authority which used to
be exercised by the Supreme Court.
CASE MANAGEMENT STATISTICS
Chief Justice of TheConstitutional Court, Moh.Mahfud MD, and ChiefJustice of the SupremeCourt Bagir Manan, shookhands after signing thetransfer of authority to heardisputes over the results ofthe General Election of theRegional Head (29/10/2008).
Public Relations of theConstitutional Court]
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 77/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201152
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
Meanwhile, 1 (one) constitutional obligation
of the Constitutional Court as set forth
in Article 7B and Article 24C paragraph
(2) of the 1945 Constitution is that the
Constitutional Court shall pass a decision
upon the opinion of the People’s Legislative
Assembly whether the President and/or Vice
President has/have violated the law in the
form of treason against the state, corruption,
bribery, other felonies, or despicable act orhe/she is proved to have not meet the
requirements to be a President and / or
Vice President.
Since its establishment on August 13, 2003,
the Constitutional Court has handled three
constitutional authorities, namely: (1) to
conduct judicial review of laws under the
Constitution (UU); (2) to decide upon disputes
over the authority of state institutions (SKLN);
and (3) to decide upon disputes over theresults of General Elections (Pemilu) (PHPU).
Therefore, in relation to the case of the
dissolution of political parties and the
obligation to decide upon violations by the
President and/or Vice President according
to the Constitution, until the end of 2011,
the Constitutional Court had never handled
it because there no petition had been filed
on such case.
In exercising its constitutional authority
pursuant to the 1945 Constitution and Law No.
24 Year 2003 concerning the Constitutional
Court, as amended by Law No. 8 Year
2011 concerning Amendment to Law Number
24 Year 2003 concerning the Constitutional
Court, the Constitutional Court then regulates
further matters required for the uninterrupted
performance of its constitutional duties and
authority in the form of the Regulations of
the Constitutional Court (PMK). PMK functions
as the guidelines on legal proceedings to
fill the absence of the procedural law in
the Constitutional Court and to elucidate
the existing norms. The Regulations of the
Constitutional Court (PMK) are, among other
things, as follows:
1. PMK Number 06/PMK/2005 concerning
the Guidelines on the Legal Proceedings
in Judicial Review Cases;
2. PMK Number 08/PMK/2006 concerning
the Guidelines on the Legal Proceedings
in Disputes over Constitutional Authorities
of State Institutions;
3. PMK Number 12 Year 2008 concerning
the Procedures on the Legal Proceedings
in the Dissolution of Political Parties;
4. PMK Number 15 Year 2008 concerning
the Guidelines on the Legal Proceedings
in Disputes over the Results of Regional
Head Elections;
5. PMK Number 16 Year 2009 concerning
the Guidelines on the Legal Proceedings
in Disputes over the Results of General
Election of the Members of the People’s
Legislative Assembly, the Regional
Representative Council and the Regional
People’s Legislative Assembly;
6. PMK Number 17 Year 2009 concerning the
Guidelines on the Legal Proceedings in
Disputes over the Results of General Elections
of the President and the Vice President;
7. PMK Number 18 Year 2009 concerning
the Guidelines on Electronic Submission of
Petitions (Electronic Filing) and Examination
of Cases through Video Conference;
8. PMK Number 19 Year 2009 concerning
the Hearing Rules of Procedure.
9. PMK Number 21 Year 2009 concerning
the Guidelines on the Legal Proceedings
in Passing the Decision on the Opinion of
the People’s Legislative Assembly regarding
Alleged Violations by the President and/
or the Vice President according to the
1945 Constitution.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 78/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 53
In connection with the implementation of such authorities since 2003 until 2011 the Constitutional
Court registered 940 cases. Out of this number, there were 414 judicial review of law cases
(44%), 18 cases of Disputes over the Authorities of State Institutions (2%), 116 cases of Dispute
over the Results of the General Election cases of Legislative and the President/Vice President
(12%), as well as 392 other cases related to Dispute over the Results of the General Election
of the Regional Head and Deputy of the Regional Head (42%). (See Chart 1)
In 2011, the Constitutional Court had registered 224 cases. Out of this number, there were 86
cases (38%) of Judicial Review of Law, 6 cases (3%) of Disputes over the Authorities of State
Institutions, and 132 cases (59%) of Dispute over the Results of the General Election of the
Regional Head and Deputy of the Regional Head. (See Chart 2)
Chart 1Total of Registered Cases Year 2003 up to 2011
■ Judicial Review of Law
■ Dispute over the Authorities of StateInstitutions
■ Dispute over the Results of Legislativeand Presidential General Elections
■ Dispute over the Results of the GeneralElection of the Regional Head andDeputy of the Regional Head
42% 44%
12% 2 %
Chart 2Total of Registered Cases in 2011
■ Judicial Review of Law
■ Dispute over the Authorities of StateInstitutions
■ Dispute over the Results of the GeneralElection of the Regional Head andDeputy of the Regional Head
59%
38%
3 %
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 79/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201154
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
The number of registered cases of Judicial Review of Law almost always increased every year,
despite the decrease in 2005. The number of registered cases of Judicial Review significantly
increased in 2009 and 2010, namely by 78 cases and 81 cases respectively. The trend of the
increasing number of registered cases in the Constitutional Court continued in 2011. Until the
end of 2011, the Constitutional Court had registered as many as 86 Cases of Judicial Review
of Law. More details can be seen in Chart 3.
Meanwhile, there was only a small number of cases of Dispute over the Authorities of State
Institutions (SKLN petitioned to the Constitutional Court, even in 2003 and 2009, when there
was no case of Disputes over the Authorities of State Institutions being registered by the
Constitutional Court. Nevertheless in 2006, there were 4 cases of Disputes over the Authorities
of State Institutions registered by the Constitutional Court. As for 2011, 6 cases were registered.
In other words, this amount has been the highest number of registered cases of Dispute over
the Authorities of State Institutions in one year. If it was totaled, the total number of registered
cases of Dispute over the Authorities of State Institutions from 2003 until the end of 2011 was
18 cases (see Chart 4)
Chart 3
Total Number of Registered Cases of Judicial Reviewin 2003 up to 2010
Chart 4
Total Number of Registered Cases of Dispute over the Authorities of State Institutionsin 2003 up to 2010
78
3630
27252724
2 0 0 3
2 0 0 4
2 0 0 5
2 0 0 6
2 0 0 7
2 0 0 8
2 0 0 9
2 0 1 0
2 0 1 1
868178
36
253027 2724
2 0 0 3
2 0 0 4
2 0 0 5
2 0 0 6
2 0 0 7
2 0 0 8
2 0 0 9
2 0 1 0
2 0 1 1
6
1
0
3
2
4
11
0
6
111
3
4
00
2
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 80/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 55
Chart 5
Total Number of Cases of Dispute over the Results of General Elections of Legislative Members and President/Vice President
in 2004 & 2009
Chart 6
Total Number of RegisteredCases of Dispute over the Results of Regional Head Electionsin 2008 up to 2011
Meanwhile, 45 cases were registered by the Constitutional Court in respect of Disputes over the
Results of General Election of the Legislative Members and the General Election of the President/
the Vice President in 2004. Meanwhile in 2009, the number increased with 71 registered cases
(see Chart 5)
The number of cases of Dispute over the Results of the General Election of the Regional Headsignificantly increased in 2010, namely with 230 registered cases, compared to 27 cases and
3 cases registered in 2008 and 2009. Of course, the number of registered cases is strongly
influenced by the implementation of the General Election every year. In general, the number of the
registered cases in the Constitutional Court is proportionate with the number of General Elections
of the regional head implemented throughout the regions of Indonesia. The more General Elections
implemented, the more the number of registered cases of Dispute over the General Election of
the Regional Head to the Constitutional Court. In fact, in 2011, the Constitutional Court registered
132 cases of Dispute over the General Election of the Regional Head. (See Chart 6)
2 0 0 4
2 0 0 9
45
71
45
2 0 0 8
2 0 0 9
2 0 1 0
2 0 1 1
12 6
23 0
327
132
230
273
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 81/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201156
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
In performing its authority, the Constitutional
Court has received petitions from many parties.
Out of those petitions, some petitions meet
the administrative requirements pursuant to
the provisions of Law Number 24 Year 2003
concerning Constitutional Court as amended
by the Law Number 8 Year 2011 concerning
amendment to Law Number 24 Year 2003
concerning Constitutional Court, some others
fail to meet the requirements.
Throughout 2011, the Constitutional Court
received both the petitions meeting the
administrative requirements and those failing
to meet the administrative requirements.
As a whole, the total number of petitions
received was 256 petitions in three types
of cases handled.
From all the petitions, only 244 petitions
(88%) were registered by the Constitutional
Court, while the remaining 32 petitions (12%)
were not registered. (See Chart 7)
Out of 224 registered cases, 86 petitions
were for Judicial Review (38%), 6 petitions
of dispute over the authorities of state
institutions (3%) and 132 petitions of Dispute
over the Results of Regional Head General
Election (59%) (see Chart 8)
Petition Admission and Case Registration
88%
12%
Chart 7Number of Petition in 2011
■ Unregistered Petitions■
Registered Petitions
Chart 8Number of Registered Petitions
Based on the Authoritiesin 2011
■ Judicial Review■ Dispute over the Authorities of State
Institutions of Law■ Dispute over the Results of the General
Election of the Regional Head andDeputy of the Regional Head
59%
38%
3 %
As to the unregistered petitions, out of the 32
cases, some were related to the authority of
the Constitutional Court and some others were
outside the authorities of the Constitutional
Court. There were several reasons why the
petitions were not registered. For the petition
which were not under the authority of the
Constitutional Court, of which were related
to the judicial review of the decisions of
government institutions, request for edict,
lawsuits on labor matters, inheritance, and
matters of court’s decisions. In addition, in
relation to the Dispute over the Results of
the General Election of the Regional Head,
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 82/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 57
the petitions were not registered because,
among other things, they had exceeded the
grace period and also because the decisions
had been passed upon them.
For cases registered throughout 2011, cases
of the Dispute over the Results of the
General Election of the Regional Head were
still dominant, namely with 132 cases or 59%
out of all registered cases. This was due
to, among other things, the great number
of General Elections of the Regional Head
implemented in Indonesia throughout 2011.
Referring to the schedule of General Elections
by the General Elections Commission (KPU),
in 2011, General Elections were scheduled
to be implemented in 107 areas in all
regions in Indonesia, with the details: in 11
Provinces, 20 Cities, and 76 Regencies. Until
the end of December, the General Elections
of the Regional Head implemented in allregions (provinces, districts, or cities) had
reached the number of 92 areas. Out of
this number, 81 areas (88.04%) were disputed
to the Constitutional Court.
It was also influenced by the decision of
the Constitutional Court in case number 196-
197-198/PHPU.DVIII/2010 concerning Dispute
over the Results of the General Election of
the Regional Head of Jayapura City, which
granted legal standing as the petitioner to
a “candidate pair”. Thus, the implication was
that prospective candidate pairs would be able
to become petitioners in cases of Dispute
over the Results of the General Election
of the Regional Head. In fact, 25 petitions
were submitted to the Constitutional Court
by prospective candidate pairs.
In relation to judicial review of Law, in
practice, many petitions were submitted to
the Constitutional Court that were concernedwith of constitutional rights rather than
The atmosphere of theHearing of Case No.196-197-198/PHPU.D-VIII/2010 concerningDispute over theResults of the GeneralElection of the RegionalHead of Jayapura City.In this Decision, theConstitutional Court forthe rst time grantedthe Legal Standing ofthe candidate pair.
Public Relations of theConstitutional Court/ Andhini SF]
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 83/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201158
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
the authority of the Constitutional Court
to resolve, so it was declared that the
petitions “cannot be accepted” (niet
ontvankelijk verklaard) or were not registered.
According to the records of the Registrar’s
Office of the Constitutional Court, some
petitioners were substantially the so-called
constitutional complaints. One example was
related to the case of Pollycarpus where
he had experienced hearings with the wronglaw of procedure, while the decision was
reached at the supreme court appeal level.
When filed to the Constitutional Court, the
petition could not be acted upon by the
Constitutional Court. The reason was that the
Constitutional Court was not competent to
hear the case. With respect to this matter,
the Constitutional Court has conducted a
comprehensive and in-depth study involving
academics, legal experts and interested
parties to examine further the urgency of
the existence of constitutional complaint (CC)
and the constitutional question (CQ) in the
law enforcement system in Indonesia.
Based on case registration data from 2003
to 2011, the number of cases registered with
the Constitutional Court seemed to increase.
Although declining in 2005, but the upwardtrend in the number of registered cases was
consistent from year to year. However, despite
the significant increase in 2010, namely to
break the number of 312 registered cases,
there was a slight decline this year, namely
224 cases. This was inseparable from the
number of General Elections implemented
which was also less than the number in
2010. (See Chart 9)
The atmosphere atthe Petition Admissionand Case Registration
room. It can be seen thePetitioners, Saldi Isra and
friends, registering theirpetition.
Public Relations of theConstitutional Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 84/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 59
24
73
26 31 32
66
152
312
218
2 0 0 3
2 0 0 4
2 0 0 5
2 0 0 6
2 0 0 7
2 0 0 8
2 0 0 9
2 0 1 0
2 0 1 1
312
224
73
24 26 31 32
66
152
Chart 9
Number of Cases registered bythe Constitutional Court
in 2003 up to 2011
Case Settlement
Throughout 2011, the Constitutional Court
also settled the cases of judicial review of
law, Dispute over the authority of the state
institution and Dispute over the Results of
the General Election of Regional Head. In
the context of the handling of the cases,
especially cases of Judicial Review of Law,
the Constitutional Court attempted to resolve
the matters dealt with in a relatively short
time. This was important in order to provide
clarity and legal certainty in relation to the
constitutionality of the Law were reviewed, in
addition to realizing a speedy and simple
administration of justice.
However, it must be admitted, the time
required by the Constitutional Court in
deciding the cases, especially cases of Judicial
Review of Law, varied because the time for
completing Judicial Review is not expressly
limited by law. In addition, the Constitutional
Court will also need to prioritize settlement
of PHPU of Regional Head within a limited
time as determined by the Law for their
settlement, which is 14 days since the
registration of the case. This is in addition
to the relatively great number of cases of
Dispute over the Results of General Election
of Regional Head to be resolved.
The time needed to complete a case
judicial review also depends on the extent
of urgency and how urgently the law affects
public interest. In addition, the duration of
examination of a case of judicial review is
also influenced by the degree of sensitivity
of and controversy in a law. In addition,
some cases with a higher difficulty level thus
require a longer inspection process. As a
result, the settlement period is longer than
that for other cases.
Another factor is that the settlement of the
Judicial Review of Law is also influenced
by the needs of the parties. For instance,
the Constitutional Court once conducted
examination hearings more than four times.
This was because the Constitutional Court
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 85/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201160
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
Parties attended thehearing of Case No. 62/
PUU-IX/2011. Seen inattendance were MualiminAbdi from the Ministry of
Justice and Human Rights,the Deputy Minister of
Justice and Human RightsDenny Indrayana, as wellas the chief the national
police Timur Pradopo.
Public Relations of theConstitutional Court/Ganie]
had to adjust to the demands of the litigants
to present witnesses and experts in order
to support their respective arguments. This
was done also in order to provide equal
opportunities and rights to the parties to be
heard in the courtroom, as the implementation
of the principle of audi alteram partem.
In addition, throughout 2011, the Constitutional
Court decided upon two cases of judicial
review of law in a very short time, namely
for less than a week. These two cases were
Case No. 20/PUUIX/2011 related to Judicial
Review of Law Number 5 year 1960 concerning
basic regulations on agrarian principles and
Case No. 24/PUU-IX/2011 related to Judicial
Review of the Supreme Court Decision No.
301 K/Pdt/204.
Meanwhile, 7 cases of Judicial Review required
a completion time of more than 200 days.
The longest time was for the settlement of
Case No. 2/PUU-IX/2011 related to Judicial
Review of Law No. 18 year 2009 concerning
Livestock and Animal Health, and Case No.
3/PUU-IX/2011 related to Judicial Review of
Law No. 31 year 1999 concerning Eradication
of the Criminal Act of Corruption with each
being completed in 276 days.
Meanwhile, from 2003 to 2011, 154 Laws
were reviewed by the Constitutional Court.
Out of these cases, 2 laws were the most
frequently reviewed, namely Law no. 32 year
2004 concerning Regional Government which
had been reviewed for 30 times, and Law No.
10 year 2008 concerning the General Election
of the Members of the People’s Legislative
Assembly, the Regional Representative Council
and the Regional People’s Legislative Assembly
which had been reviewed for 24 times. (See
Table 1)
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 86/273
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 87/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201162
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
26 Law Number 15 Year 2006 concerning the Audit Board 1
27 Law Number 15 Year 2011 concerning General Elec on Organizer 2
28 Law Number 16 Year 2003 concerning the S pula on of governmentregula on in lieu of law No. 2 Year 2002 concerning the Establishment ofLaw no. 15 Year 2002 Jo. government regula on in lieu of law No. 1 Year2002 concerning the Eradica on of the Criminal Acts of Terrorism
1
29 Law Number 16 Year 2004 concerning Prosecutor's O ce under the1945 Cons tu on of the Republic of Indonesia
4
30 Law Number 16 Year 2008 concerning Amendment to Law Number 45Year 2007 concerning State Revenues and Expenditures Budget Year 2008
1
31 Law Number 17 Year 2003 concerning Law Number 17 Year 2003concerning Financial of the State
1
32 Law Number 17 Year 2006 concerning Customs 1
33 Law Number 17 Year 2007 concerning Na onal Long-Term DevelopmentPlan 2005-2025
1
34 Law Number 17 Year 2008 concerning Mari me A airs 1
35 Law Number 18 Year 2003 concerning Advocates 9
36 Law Number 18 Year 2004 concerning Planta on 1
37 Law Number 18 Year 2006 concerning State Revenues and Expenditures
Budget for Fiscal Year 2007
2
38 Law Number 18 Year 2009 concerning Livestock and Animal Health 2
39 Law Number 19 Year 2003 concerning State Owned Enterprises 1
40 Law Number 19 Year 2004 concerning Forestry 3
41 Law Number 19 Year 2008 concerning Government Sharia Securi es 1
42 Law Number 1 Year 1946 concerning the Criminal Code (KUHP) 10
43 Law Number 1 Year 1965 concerning Abuse and/or Desecra on of Religions 144 Law Number 1 Year 1974 concerning Marriage 3
45 Law Number 1 Year 1979 concerning Extradi on, 1
46 Law Number 1 Year 1987 concerning Chamber of Commerce and Industry 1
47 Law Number 1 Year 2002 concerning the Eradica on of Criminal Actsof Terrorism
1
48 Law Number 1 Year 2004 concerning State Treasury 3
49 Law Number 20 Year 2000 concerning Amendment to Law Number 21Year 1997 concerning Du es for the Acquisi on of the Rights to Landand Buildings
3
50 Law Number 20 Year 2001 concerning Amendment to Law Number 31Year 1999 concerning the Eradica on of Criminal Acts of Corrup on
1
51 Law Number 20 Year 2002 concerning Electricity 2
52 Law Number 20 Year 2003 concerning Na onal Educa on System 10
53 Law Number 20 Year 2009 concerning Title, Decora ons, and Mark of Honor 2
54 Law Number 21 Year 2000 concerning Workers/Labor Union 1
55 Law Number 21 Year 2001 concerning Special Autonomy for Papua Province 4
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 88/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 63
56 Law Number 21 Year 2008 concerning Sharia banking 1
57 Law Number 22 Year 1997 concerning Narco cs 2
58 Law Number 22 Year 1999 concerning Regional Government 1
59 Law Number 22 Year 2001 concerning Oil and Gas 2
60 Law Number 22 Year 2003 concerning Organiza onal Structure andStatus of the People’s Consultative Assembly, People’s LegislativeAssembly, the Regional Representa ve Council and Regional People’sLegisla ve Assembly
3
61 Law Number 22 Year 2004 concerning Judicial Commission 4
62 Law Number 22 Year 2007 concerning General Elec on Organizers 4
63 Law Number 22 Year 2009 concerning Tra c and Transporta on 1
64 Law Number 23 Year 2002 concerning Children Protec on 1
65 Law Number 23 Year 2003 concerning General Elec on of the Presidentand Vice President
8
66 Law Number 24 Year 2002 concerning government securi es 1
67 Law Number 24 Year 2003 concerning the Cons tu onal Court 10
68 Law Number 25 Year 1992 concerning Coopera ves 1
69 Law Number 25 Year 2007 concerning Capital Investment 2
70 Law Number 25 Year 2009 concerning Public Services 1
71 Law Number 26 Year 2000 concerning the Human Rights Court 3
72 Law Number 26 Year 2004 concerning the Establishment of WestSulawesi Province
1
73 Law Number 27 Year 2004 concerning the Commission for Truth andReconcilia on
2
74 Law Number 27 Year 2007 concerning management of coastal areasand small islands
1
75 Law Number 27 Year 2009 concerning the People's ConsultativeAssembly, the People's Legisla ve Assembly and the Regional People'sLegisla ve Assembly
12
76 Law Number 28 Year 2007 concerning Third Amendment to Law Number26 Year 1982 concerning General Provisions and Procedures of Taxa on
1
77 Law Number 28 Year 2009 concerning Regional Taxes and Retribu ons 278 Law Number 29 Year 2004 concerning Medical Prac ces 1
79 Law Number 29 Year 2007 concerning the Government of the SpecialCapital City Region of Jakarta
1
80 Law Number 2 Year 1964 concerning Implemen ng Procedures ofDeath Penalty
1
81 Law Number 2 Year 2002 concerning Na onal Police of the Republicof Indonesia
2
82 Law Number 2 Year 2003 concerning the Establishment of Tanah BumbuRegency and Balangan Regency in South Kalimantan Province
1
83 Law Number 2 Year 2008 concerning Poli cal Par es 3
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 89/273
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 90/273
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 91/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201166
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
Furthermore, out of all decisions on cases of the judicial review of law granted since 2003 up
to 2011, the Constitutional Court declared 5 Laws without any binding effect as a whole (seeTable 2) and 52 Laws were cancelled partly (see Table 3).
Table 2
Laws which were Cancelled Entirelyin 2003 up to 2011
No Laws
1 Law No. 16 Year 2003 concerning the S pula on of Government Regula on No. 2 Year2002 concerning Formula on of Law No. 15 year 2002 Jo. Government Regula on in lieuof Law No. 1 year 2002 concerning Eradica on of the Criminal Acts of Terrorism
2 Law No. 20 Year 2002 concerning Electricity
136 Law Number 5 Year 1960 concerning Basic Regula ons on Agrarian Principles 2
137 Law Number 5 Year 1986 concerning State Administra ve Court 1
138 Law Number 5 Year 2004 concerning Amendment to Law Number 14Year 1985 concerning the Supreme Court
5
139 Law Number 6 Year 1954 concerning the S pula on of the Right ofInquiry of the People’s Legisla ve Assembly
1
140 Law Number 6 Year 1974 concerning Basic Provisions on Social Welfare 1
141 Law Number 6 Year 2009 concerning S pula on of the Government
Regula on in lieu of Law No. 2 Year 2008 concerning Second Amendmentto Law Number 23 Year 1999 concerning Bank Indonesia
1
142 Law Number 6 Year 2011 concerning Immigra on 2
143 Law Number 73 Year 2004 concerning the Posi on of Notary 1
144 Law Number 7 Year 1974 concerning Eradica on of Gambling 2
145 Law Number 7 Year 1989 concerning Religious Court 2
146 Law Number 7 Year 1992 concerning Banking as amended by Lawnumber 10/1998
1
147 Law Number 7 Year 2004 concerning Water Resources 5148 Law Number 8 Year 1981 concerning the Criminal Procedure Code 17
149 Law Number 8 Year 1992 concerning Film 1
150 Law Number 8 Year 1999 concerning Consumer Protec on 1151 Law Number 8 Year 2011 concerning Amendment to Law Number 24
Year 2003 concerning the Cons tu onal Court6
152 Law Number 9 Year 2004 concerning Amendment to Law Number 5Year 1986 concerning State Administra ve Court
1
153 Law Number 9 Year 2009 concerning Educa on Legal En ty 3
154 Decision of the Supreme Court Number 301 K/Pdt/204. (concerningland/agrarian a airs)
1
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 92/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 67
Table 3
Laws which were Cancelled Partly
in 2003 up to 2011
No Laws
1 Law Number 10 Year 2008 concerning the General Elec on of the Members of the People'sLegisla ve Assembly, the Regional Representa ve Council and the Regional People'slegisla ve Assembly
2 Law Number 11 Year 2006 concerning Aceh Government3 Law Number 11 Year 2008 concerning Electronic Informa on and Transac on
4Law Number 12 Year 2003 concerning the General Elec on of the Members of the People'sLegisla ve Assembly, the Regional Representa ve Council and the Regional People'sLegisla ve Assembly
5 Law Number 12 Year 2008 concerning Regional Government6 Law Number 13 Year 2003 concerning Manpower
7Law Number 13 Year 2005 concerning State Revenues and Expenditures Budget for FiscalYear 2006
8 Law Number 16 Year 2004 the Safeguarding of Printed Goods Whose Contents MayDisturb Public Order Jo Law No. 5 Year 1969 concerning Declara on of Various Presiden alS pula ons and Regula ons as Laws
9 Law Number 16 Year 2008 concerning Amendment to Law Number 45 Year 2007 concerningBudget for Fiscal Year 2008
10 Law Number 18 Year 2003 concerning Advocates
11 Law Number 18 Year 2004 concerning Planta on
12Law Number 18 Year 2006 concerning State Revenues and Expenditures Budget for FiscalYear 2007
13 Law Number 18 Year 2009 concerning Livestock and Animal Health
14 Law Number 1 Year 1946 concerning the Criminal Code (KUHP)15 Law Number 1 Year 1987 concerning the Chamber of Commerce and Industry16 Law Number 20 Year 2002 concerning Electricity17 Law Number 20 Year 2003 concerning Na onal Educa on System18 Law Number 21 Year 2001 concerning Special Autonomy for Papua Province
19 Law Number 22 Year 2001 concerning Oil and Gas20 Law Number 22 Year 2004 concerning the Judicial Commission
21 Law Number 22 Year 2007 concerning General Elec on Implementa on22 Law Number 24 Year 2003 concerning the Cons tu onal Court23 Law Number 25 Year 2007 concerning Capital Investment24 Law Number 25 Year 2009 concerning Public Services25 Law Number 26 Year 2000 concerning the Human Rights Court
3 Law No. 27 Year 2004 concerning Commission for Truth and Reconcilia on4 Law No. 45 Year 1999 concerning Establishment of Central Irian Jaya Province, West Irian Jaya
Province, Paniai Regency, Timika Regency and Puncak Jaya Regency, and Sorong City5 Law No. 9 Year 2009 concerning Educa on Legal En es
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 93/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201168
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
26 Law Number 27 Year 2007 concerning the Management of Coastal Areas and Small Islands
27 Law Number 27 Year 2009 concerning the People's Consulta ve Assembly, the People'sLegisla ve Assembly and the Regional People's Legisla ve Assembly
28 Law Number 29 Year 2004 concerning Medical Prac ces
29 Law Number 2 Year 2011 concerning Amendment to Law Number 2 Year 2008 concerningPoli cal Par es
30 Law Number 30 Year 2002 concerning the Commission for the Eradica on of CriminalActs of Corrup on
31 Law Number 31 Year 1999 concerning the Eradica on of Criminal Acts of Corrup on32 Law Number 32 Year 2002 concerning Broadcas ng33 Law Number 32 Year 2004 concerning Regional Government
34 Law Number 35 Year 2008 S pula on of Government Regula on in lieu of Law Number1 Year 2008 concerning Amendment to Law Number 21 Year 2001 concerning SpecialAutonomy for Papua Province Become Law.
35 Law Number 35 Year 2009 concerning Narco cs
36 Law Number 36 Year 2009 concerning Health
37 Law Number 37 Year 2004 concerning Bankruptcy and Postponement of Debt Se lementObliga on
38 Law Number 37 Year 2008 concerning Ombudsman
39 Law Number 39 Year 2004 concerning Placement and Protec on of Indonesian Migrant Workers
40 Law Number 39 Year 2007 concerning Amendment to Law Number 11 Year 1995 concerningExcise
41 Law Number 3 Year 1997 concerning Juvenile Court
42 Law Number 40 Year 2003 concerning Establishment of Eastern Seram Regency, WesternSeram Regency and Aru Regency in Maluku Province
43 Law Number 40 Year 2004 concerning the Na onal Social Security System
44 Law Number 42 Year 2008 concerning General Elec ons of the President and the Vice President
45 Law Number 4PNPS Year 1963 concerning the Safeguarding of Printed Goods WhoseContents May Disturb Public Order
46 Law Number 51 Year 2009 concerning Criminal Procedure Code
47 Law Number 56 Year 2008 concerning Establishment of Tambrauw Regency in West PapuaProvince
48 Law Number 5 Year 2004 concerning Amendment to Law Number 14 Year 1985 concerningthe Supreme Court
49 Law Number 6 Year 1954 concerning the S pula on of the Right of Inquiry of the People’sLegisla ve Assembly
50 Law Number 8 Year 1981 concerning the Criminal Procedure Code
51 Law Number 8 Year 2011 concerning Amendment to Law Number 24 Year 2003 concerningthe Cons tu onal Court
52 Law Number 9 Year 2009 concerning Educa on Legal En ty
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 94/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 69
Meanwhile, for the cases of Dispute over the Results of General Election of Regional Head, as
we know it, the settlement time limit has been determined by Laws, which must be decided
upon in 14 days after registration. Therefore, in order to carry out the mandate of the Law,
until now, the Constitutional Court has always decided the cases of Dispute over the Results of
General Election of Regional Head within the period of less than or in 14 days.
Injunctions
In terms of decisions, for the handling of the cases in 2011, the Constitutional Court completed
229 cases out of all cases handled in 2011 (including the remaining cases of the previous year.For information, the total number of cases in 2011 was 290 cases. Thus, the number of cases
still in the process until the end 2011 totaled of 61 cases for all areas of authority.
Meanwhile, if based on the injunctions of decision, the Constitutional Court has passed the
decisions, as follows: 36 cases were granted (16%), 114 cases were rejected (50%), 68 cases
could not be accepted (29%), and 11 cases were withdrawn (5%). (See Chart 10)
Chart 10
Number of Cases decided upon by the Constitutional Courtin 2011
■ Granted
■ Rejected
■ Cannot Be Accepted
■ Withdrawn
29%
50%
16%5 %
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 95/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201170
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
Nine Constitutional CourtJustices seemed to be
reading the decision in thePlenary Court Room of the
Constitutional Court.
Public Relations of theConstitutional Court/Ganie
Case Handling
Judicial Review of Law
Authority for conducting judicial review of
constitutionality of laws (judicial review/
constitutional review) in the Constitutional
Court is guided by the provisions of the Law.
The constitutional basis Article 24C paragraph
(1) of the 1945 Constitution. Then the
authority is regulated in its derivative, namely
Article 10 of Law No.24 of 2003 concerning
the Constitutional Court, as amended by Law
No. 8 Year 2011 concerning Amendment of
Law Number 24 Year 2003 concerning the
Constitutional Court. Subsequent implementing
techniques are regulated by Constitutional
Court Regulation Number 06 Year 2005
concerning Guidelines on the Proceedings
for Cases of Judicial Review.
It can be said that petition for judicial
review itself is divided into two types: first,
review of the substantive contents of lawsand regulations or the legal norm, commonly
material review, and second, review of the
procedures of formulation of legislation
products, commonly referred to as formal
review. In practice, material review and formal
review can be performed simultaneously by
the same Petitioner.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 96/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 71
Out of the 94 cases already decided, the Constitutional Court passed decisions the details of
the decisions: 21 cases (22%) were granted, 29 cases (31%) were rejected, and 35 cases (37%)
could not be accepted, and 9 cases (10%) were withdrawn. (See Chart 12)
Chart 11
Number of Judicial Review Cases Handled by the Constitutional CourtIn 2011
65%
35%■ Have Not Been Decided
■ Have Been Decided
Chart 12
Number of Judicial Review Cases Decided Upon by the Constitutional CourtBased on Injunctions
in 2011
■ Granted■ Rejected■ Cannot Be Accepted■ Withdrawn
22%
31%
10%
37%
In relation to the handling of cases of judicial review, the Constitutional Court has handled
145 cases, which consisted of 86 cases registered in 2011 and the remaining 59 cases in
2010. Out of these numbers, the Constitutional Court has decided 94 cases (65%), whereas the
percentage of cases of judicial review which have not been decided is 35 percent or 51 cases.
(See Chart 11)
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 97/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201172
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
If calculated in terms of frequency of judicial review, during the year 2011, the Constitutional Court
conducted judicial review of 21 cases. The most frequently petitioned Law in the Constitutional
Court in 2011, namely for 6 (six) times was Law No. 8 Year 2011 concerning Amendment to
Law Number 24 year 2003 concerning the Constitutional Court. (See table 4)
Table 4
Frequency of Laws being Reviewed
in 2011
1 Law Number 11 Year 2011 concerning Amendment to Law No.10 Year2010 concerning State Revenues and Expenditures Budget 2011
1
2 Law Number 12 Year 2010 concerning Scout Movement 1
3 Law Number 13 Year 1985 concerning Stamp Duty 1
4 Law Number 15 Year 2011 concerning General Elec on Organizers 25 Law Number 17 Year 2003 concerning Law Number 17 Year 2003
concerning State Finances1
6 Law Number 17 Year 2007 concerning Na onal Long-Term DevelopmentPlan 2005-2025
1
7 Law Number 21 Year 2000 concerning Workers/Labor Union 1
8 Law Number 25 Year 1992 concerning Law Number 25 Year 1992Concerning Coopera ves
1
9 Law Number 28 Year 2009 concerning Regional Taxes andRetribu ons
2
10 Law Number 2 Year 2011 concerning Amendment to Law Number 2Year 2008 concerning Poli cal Par es
3
11 Law Number 33 Year 2004 concerning Balanced Finances between theCentral Government and Regional Governments
2
12 Law Number 35 Year 2008 concerning S pula on of GovernmentRegula on in lieu of Law Number 1 Year 2008 concerning Amendmentto Law Number 21 Year 2001 concerning Special Autonomy for the
Papua Province to Become Law.
1
13 Law Number 35 Year 2009 concerning Narco cs 114 Law Number 38 Year 2008 concerning the S pula on of the Charter
of The Associa on Of Southeast Asian Na ons1
15 Law Number 3 Year 2008 concerning Employee Social Security 1
16 Law Number 51 Year 2009 concerning the Criminal Procedure Code 117 Law Number 5 Year 1960 concerning Basic Regula ons on Agrarian
Principles2
18 Law Number 6 Year 2011 concerning Immigra on 219 Law Number 7 Year 1992 concerning Banking as amended by Law
Number 10/19981
20 Law Number 8 Year 1999 concerning Consumer Protec on 121 Law Number 8 Year 2011 concerning Amendment to Law Number 24Year 2003 Concerning the Cons tu onal Court
6
No Laws Frequency
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 98/273
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 99/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201174
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
Number 12 Year 2008 regarding Second
Amendment to Law Number 32 Year 2004
regarding Regional Government. This article
reads, “The handling of disputes over vote
count results in the election of regional head
shall be delegated by the Supreme Court
transferred to the Constitutional Court by
no later than 18 (eighteen) months following
the enactment of this Law.”
Therefore, on October 29, 2008, the Chief
Justice of the Constitutional Court and the
Chief Justice of the Supreme Court jointly
signed the Minutes of the delegation of
authority in passing decisions upon cases
of Dispute over the Results of General
Election of Regional Head. Thus, the handling
of disputes over the results of general
election of regional head is the authority
of the Constitutional Court to examine,
hear, and decide upon. Accordingly, theConstitutional Court began the hearing of
the cases of Regional Head General Election
in 2008. The technical proceedings are more
specifically regulated in the Regulation of
the Constitutional Court (PMK) Number 15
Year 2008 concerning Guidelines on the
Proceedings in Disputes over the Results
General Election of Regional Head.
As for the handling of cases of dispute over
the results of general election of regional
head throughout 2011, out of 138 cases
(consisting of 6 remaining from 2010 and
132 cases registered in 2011), the Court
passed a total of 131 decisions. In other
words, the Constitutional Court only had 7
(seven) cases of Dispute over the Results of
General Election of Regional Head.
Out of the cases which decided upon: 15
cases (11%) were granted, 85 cases (65%)
were rejected, 29 cases (22%) could not be
accepted, and 2 cases (2%) were withdrawn.(See Chart 13).
Chart 13
Number of Decisions on the Results
of the General Election
of Regional Head based on Injunctions
In 2011
■ Granted■ Rejected
11%
65%
2 %
22%
■ Cannot Be Accepted■ Withdrawn
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 100/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 75
Table 5List of Interlocutory Injunctions in 2011
No Case Number Law Date of Decision
1 10/PHPU.D IX/2011 Dispute over the Results of the General Elec on ofthe Regional Head and Deputy of Regional Head
of Cianjur Regency Year 2011
16-02-2011
2 63/PHPU.D IX/2011 Dispute over the Results of the General Elec on ofthe Regional Head and Deputy of Regional Headof Pekanbaru City Year 2011
24-06-2011
3 108/PHPU.DIX/2011
Pe on for the Cancela on of the Decision of theIndependent Elec on Commission (KIP) of Aceh No.1Year 2011 jo Decision No 11 Year 2011 jo DecisionNo 17 Year 2011 concerning the Stages, Programsand Schedule of the Implementa on of GeneralElec ons of Governor / Vice Governor, Regent/Vice Regent of the Regional Head General Elec onof Aceh, Mayor/Vice Mayor in Aceh Province
24-11-2011
4 125/PHPU.DIX/2011 Petition of Objection to the Minutes of theRecapitulation of the Vote Court Results ofthe General Elec on of Regional Head of WestSoutheast Maluku Regency Year 2011 datedNovember 27, 2011 and Decision of the GeneralElec on Commission of West Southeast MalukuRegency Number 32/Kpts/KPU-Kab.MTB/2011 Year2011 concerning the S pula on of the Vote CourtRecapitula on Results of the General Elec on of theRegional Head of West Southeast Maluku RegencyYear 2011 dated November 27, 2011
23-12-2011
5 124/PHPU.DIX/2011
Dispute over the Results of the General Elec on ofthe Regional Head and Deputy of Regional Head of
West Southeast Maluku Regency Year 2011
23-12-2011
6 31/PHPU.D IX/2011 Dispute over the Results of the General Elec on ofthe Regional Head and Deputy of Regional Headof Central Tapanuli Regency Year 2011
11-04-2011
7 32/PHPU.D IX/2011 Dispute over the Results of the General Elec on ofthe Regional Head and Deputy of Regional Headof Central Tapanuli Regency Year 2011
11-04-2011
Meanwhile in 2011 the Constitutional Court never received any petition related to Dispute over
the Results of General Election of Legislative Members or President/Vice President because, there
no election of legislative members and the President/Vice President was implemented. Thus, this
year, the Constitutional Court automatically did not register any petition of Dispute over theResults of General Election of the President/Vice President.
Terhadap 131 perkara yang dikabulkan tersebut, sebanyak 7 (tujuh) perkara melalui putusan sela,
sedangkan sisanya tanpa melalui putusan sela. (Lihat Tabel 5)
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 101/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201176
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
1. Judicial Review of Law
a. RPH 405
b. Panel Hearing 165
c. Plenary Hearing 211
Total 781
2. Dispute over the Results of the General Elec on of the Regional Head
a. RPH 45
b. Panel Hearing 349
c. Plenary Hearing 139
Total 533
3. Dispute over the Authority of State Ins tu ons
a. RPH 1
b. Panel Hearing 11
c. Plenary Hearing 7
Total 9
Hearings
Cases were handled by holding hearings and the Consultative Meeting of Justices (RPH). The
provision in Article 28 paragraph (4) of the Constitutional Court Law states before the plenary
session, the Court may form a Panel of Justices with least 3 constitutional court justices as
members to examine the case, with the results to be discussed in the Plenary Session in order
to make the decision. In practice, the decision is made in a Consultative Meeting of Justices
(RPH).
The hearing and RPH frequency table below shows that in carrying out its constitutional duties
during the year 2011, the Constitutional Court held 451 plenary sessions, 525 panel sessions, and
357 Consultative Meeting of Justices (RPH). Along with the increasing number of cases handled
by the Constitutional Court, then the number of hearings held by the Constitutional Court also
increased significantly. (See Table 6)
Table 6
Recapitulation of the Constitutional Court’s HearingsIn 2011
(Per December 23, 2011)
No HEARING/RPH Number
Hearings as well as Administration of Minutes and Decisions
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 102/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 77
Minutes of Hearings
All activities of the Constitutional Court’s hearings are open to the public, with both the Panel
and Plenary Sessions being set out in writing in the form of minutes of hearing containing the
records or discussions of the parties and constitutional court justices in the hearing.
Minutes of hearing functions to provide information support for constitutional court justices in
making a follow-up to the settlement and to make decisions; as material for the preparation
of the minutes of the substitute registrar in the hearing; information for the parties to prepare
for the next session; and preparation of news and press releases for the mass media. Giventhe importance of the minutes of hearing, the preparation of the minutes is determined to be
completed within a period of 1 x 24 hours after the hearing is completed.
Minutes is intended not only for internal purposes the Constitutional Court, but also in cases
of judicial review, the minutes of hearing was also presented to the parties, the Petitioners, the
Representatives of the People’s Legislative Assembly, and the Government in this regard the Ministry
of Justice and Human Rights. For the parties, the minutes can be used not only for following
the progress of the hearing, but also for preparing the conclusion of a case. For 2011, the
delivery of minutes to the parties fluctuated according to the frequency of the current month.
The minutes is intended not only for internal interest of the parties but, in accordance with
the functions, the minutes of hearing is also intended for documenting all discussions and thestatements in the hearing so that transparency is guaranteed, then the general public who wish
to know the hearing process of a cases either for legal purposes or for academic purposes,
may also ask for the minutes to the Constitutional Court. The number of request for minutes
of hearing each month in 2011 is set out in Table 7 as follows.
Table 7
Delivery of copies of minutes of hearingto the People’s Legislative Assembly, the Ministry of Law and Human Rights,
as well as the Petitioners
1 January 19 19 192 February 23 23 233 March 41 41 414 April 30 30 305 May 15 15 156 June 9 9 97 July 26 26 268 August 16 16 169 September 35 35 35
10 October 40 40 4011 November 31 31 31
12 December 21 21 21Total 306 306 306
No MonthPeople’s Legisla ve
AssemblyPe oners
Ministry of Law andHuman Rights
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 103/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201178
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
Copies of Decision
Article 49 of the Constitutional Court Law orders the Constitutional Court to send copies of the
decision to the parties within a period of 7 (seven) business days after the pronouncement of
the decision. However, in order to realize a fast and simple administration of justice, the copy
of a decision is provided to the parties shortly after the decision is pronounced in the plenary
session open to the public. Even to help people acquire the Constitutional Court decisions
quickly and accurately they can get by accessing and downloading them on the website of the
Constitutional Court at the address www.mahkamahkonstitusi.go.id immediately after the decision
is pronounced.
In addition to accessing and downloading them at the Constitutional Court website, the public can
also request copies of a decision to the Constitutional Court. People who ask for the decision
can be said to range from observers of the laws and constitution as well as academics requiring
the decision for a scientific study and as reference materials, up to the prospective petitioners
who want to learn about the legal considerations in the decision of the Constitutional Court
and the legal standing of the petitioners in the Constitutional Court so that later the petition
submitted will be acceptable. Throughout 2011, the number of requests for copies of the decisions
by the people is shown in table 8.
No MonthNumber of Decisions Passed
2010 2011
1 January 42 58
2 February 54 40
3 March 36 107
4 April 32 64
5 May 40 46
6 June 48 59
7 July 96 57
8 August 66 37
9 September 66 66
10 October 76 120
11 November 52 35
12 December 63 24
Total 671 713
Table 8
Recapitulation of Requests for Copies of Decisions by the PublicIn 2010-2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 104/273
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 105/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201180
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
Minutes-Making
Minutes-making or filings of case files is conducted as an effort of orderly administration in
order that the track record of original files of a case from the petition submission up to the
decision can be properly documented. The level of minutes-making in a month depends on the
time for the implementation and completion of the minutes-making. There are no regulations
governing it. This is because the great number of cases to be resolved by the Constitutional
Court, especially those with a limited time for resolution, such as election disputes. Therefore,
special time is usually reserved to complete the minutes-making so that in a certain month, the
number of minutes-making can be 2 (two) up to 5 (five) times higher than in any other monthwithout specifically reserved time, as illustrated in Table 10.
Table 10
Table of the Minutes-Making of Case Filesin 2011
No Month Number of Files
1 January 30
2 February 28
3 March 47
4 April 12
5 May 8
6 June 19
7 July 35
8 August 19
9 September 5
10 October 31
11 November 14
12 December 7
Total 255
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 106/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 81
NoNumber/Date of
DecisionNumber/Date ofO cial Gaze e
Substance of thePe on
Decision
Sent Received
Table 11Promulgation of the Decisions of the Constitutional Court in the Official Gazette
In 2011
Promulgation the Decisions in the Official Gazette
Article 57 paragraph (3) of the Constitutional Court determines that the decisions of the
Constitutional Court in the judicial review of law granting the petition shall be published in the
Official Gazette within a period of at least 30 (thirty) business days as from the pronouncement
of the decision. In line with these provisions, the Constitutional Court’s decisions have been
published in the Official Gazette. Promulgation of the Constitutional Court’s decisions in the Official
Gazette in 2011 is shown in table 11 below.
1 23-26/PUU-VIII/2010 January
12, 2011
No.4 Year 2011January 14,
2011
Judicial Reviewof Law No.
27 Year 2009concerning
the People'sConsulta ve
Assembly,the People's
Legisla veAssembly andthe Regional
People'sLegisla veAssembly
January 14,2011
January 14,2011
2 8/PUU-VIII/2010January 31, 2011
No. 9 Year 2011February 1, 2011
Judicial Reviewof Law No.6 Year 1954
concerning theRight of Inquiryof the People’s
Legisla veAssembly
February 4,2011
February 4,2011
3 1/PUU-VIII/2010February 24, 2011
No. 17 Year2011 March 1,
2011
Judicial Reviewof Law No.3 Year 1997concerning
Juvenile Court
March 1, 2011 March 1, 2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 107/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201182
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
4 5/PUU-VIII/2010February 24, 2011
No. 17 Year2011 March 1,
2011
Judicial Reviewof Law No.
11 Year 2008concerningElectronic
informa onand
Transac ons
March 1, 2011 March 1, 2011
5 3/PUU-VIII/2010June 16, 2011
No. 48 Year2011 June 17,
2011
Judicial Reviewof Law No.
27 Year 2007concerning theManagement
of CoastalAreas and
Small Islands
June 17, 2011 June 17, 2011
6 5/PUU-IX/2011June 20, 2011
No. 49 Year2011 June 21,
2011
Judicial Reviewof Law No.
30 Year 2002concerningCorrup on
Eradica onCommission
June 21, 2011 June 21, 2011
7 12/PUU-IX/2011June 27, 2011
No. 51 Year2011 June 28,
2011
Judicial Reviewof Law No.
36 Year 2009concerning
Health
June 28, 2011 June 28, 2011
8 15/PUU-IX/2011July 4, 2011
No. 54 Year2011 July 8,
2011
Judicial Reviewof Law No.2 Year 2011concerning
Amendmentto Law No,2 Year 2008concerning
Poli cal Par es
July 5,2011
July 5,2011
9 35/PUU-IX/2011August 4, 2011
No. 62 Year2011 August 5,
2011
Judicial Reviewof Law No.2 Year 2011concerning
Amendmentto Law No,2 Year 2008
concerningPoli cal Par es
August 5, 2011 August 5, 2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 108/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 83
10 65/PUU-VIII/2010August 8, 2011
No. 63 Year2011 August 9,
2011
Judicial Reviewof Law No.8 Year 1981concerning
the CriminalProcedure
Code
August 9, 2011 August 9, 2011
11 62/PUU-VIII/2010August 23, 2011
No. 68 Year2011
Judicial Reviewof Law No.
37 Year 2008concerning
Ombudsman ofthe Republic of
Indonesia
August 24,2011
August 24,2011
12 55/PUU-VIII/2010September 19,
2011
No. 69 Year2011
Judicial Reviewof Law No.
18 Year 2004concerningPlanta on
September 21,2011
September 21,2011
13 37/PUU-VIII/2010
September 19,2011
No. 69 Year
2011
Judicial Review
of Law No.13 Year 2003
concerningManpower
September 21,
2011
September 21,
2011
14 58/PUU-VIII/2010September 29,
2011
No. 78Year 2011
September 30,2011
Judicial Reviewof Law No.
20 Year 2003concerning
Na onalEduca on
System
October 4,2011
October 4,2011
15 17/PUU-IXI/2011September 29,
2011
No. 79 Year2011 October 4,
2011
Judicial Reviewof Law No.
51 Year 2009concerning
StateAdministra ve
Court andLaw No. 8Year 1981concerning
the CriminalProcedure
Code
October 4,2011
October 4,2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 109/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201184
AUTHORITY OF THE CONSTITUTIONAL COURT
AND THE CONSTITUTIONAL DEMOCRATIC STATE
16 29/PUU-IXI/2011September 29,
2011
No. 79 Year2011
Judicial Reviewof Law No.
35 Year 2008concerning
S pula on ofGovernmentRegula on inlieu of LawNumber 1Year 2008concerning
Amendment toLaw Number21 Year 2001
concerningSpecial
Autonomyfor the Papua
Province
October 4,2011
October 4,2011
17 2/PUU-IX/2011October 6, 2010
No. 81 Year2011 October
11, 2011
Judicial Reviewof Law No.
18 Year 2009concerning
Livestock andAnimal Health
[Ar cle 58paragraph (4)]
October 11,2011
October 11,2011
18 48/PUU-IX/2011October 18, 2011
No. 84 Year2011 October
21, 2011
Judicial Reviewof Law No.8 Year 2011concerning
Amendment toLaw Number
24 Year 2003concerning theCons tu onal
Court
October 19,2011
October 19,2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 110/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 85
19 49/PUU-IX/2011October 18, 2011
No. 85 Year2011 October
21, 2011
Judicial Reviewof Law No.8 Year 2011concerning
Amendment toLaw Number24 Year 2003
concerning theCons tu onal
Court
October 19,2011
October 19,2011
20 34/PUU-VIII/2010November 1, 2011
No. 88 Year2011 November
4, 2011
Judicial Reviewof Law No.
36 Year 2009concerning
Health
November 1,2011
November 1,2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 111/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201186
MAINTAINING THE INTEGRITY
OF THE CONSTITUTIONAL COURT
MAINTAINING THEINTEGRITY OF THECONSTITUTIONALCOURT
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 112/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 87
One of the characteristics of a
constitutional state is the existence
of judicial institutions which are
independent from all kinds of influence and
intervention by other branches of power,
both the legislative and executive. The
independent power of judicial institutions
is a manifestation of the principles ofpeople’s sovereignty, constitutional state, and
separation of powers.
Intervention into judicial institutions also
comes from parties other than executive and
legislative branches of power. Intervention
may come from individuals or interest groups
trying to take advantage of judicial decisions
that ignore the principle of justice.
In essence, judicial institutions are formed
with the primary mission of upholding justice.
However, it would be an indescribable irony
if justice is not served by judicial institutions
acting in the name of justice. Justice is
hijacked and taken hostage by judicial mafia
surrounding judicial institutions from eight
directions of the compass.
Such conditions have become an epidemic
adversely affecting the continuity of the life
of the state that upholds the rule of law
and justice. Judicial institutions appear as
frightening figures for justice seekers who
come from the lower and middle economic
class and on other occasions they turn into
friendly institutions when the justice seekers
are from the upper middle class. Often
times, the hope for justice is conquered by
injustice. Various facts of recurring injustice
have become part of the dark history of judicial institutions in Indonesia where law
Accountability of the Judicial Institution
Memorandum ofUnderstanding betweenthe Constitutional Court(MK) and the CorruptionEradication Commission(KPK) concerning theCommitment on theImplementation ofthe Gratuity ControlProgram.
Public Relations of theConstitutional Court/Ganie
Maintaining Judicial Independency and Accountability
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 113/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201188
MAINTAINING THE INTEGRITY
OF THE CONSTITUTIONAL COURT
enforcement officials colluded with parties
to the cases/disputing parties. As a result,
decisions were made by injuring the values
of justice.
It is undeniable that to claim for constitutional
rights will certainly require costs, for example
transportation costs to the location where
judicial institutions are located. However,
the costs would increase if the judicialinstitutions also charged case registration
fees as well as fees for obtaining copies
of decisions. In addition, hiring a lawyer
would also require extra costs. Furthermore,
the complicated bureaucracy of the judicial
institutions will create a loophole that can
be easily accessed by individuals from the
internal circle and brokers who offer services
for handling cases, up to determining the
schedule of the hearings. The amount of
money determines the speed of the processesof case registration, hearings schedule, up to
the pronunciation of decision in accordance
with the order.
The poor conditions of judicial institutions will
encourage justice seekers to take alternative
ways outside the judicial institutions, such as
through the mass media. Some of them use
electronic mail (email) and social networking
on the Internet to make themselves heard.
Such gloomy image of the judicial institutions
must be prioritized for immediate optimum
treatment. Judicial institutions must be likea tree deeply rooted into the ground, with
strong branches, slender twigs that wave leafy
foliage to provide protection for those taking
shelter under it from the heat of the sun,
and most importantly, the fruit of judicial
institutions, namely fair decisions.
Judicial institutions must have the power to
break away from anything and anyone trying
to take them hostage. Judicial institutions
are demanded to be independent and freefrom the hegemony of the executive and
legislative branches of power as well as
individuals and certain interest groups.
Supervision and Enforcement of the Code of Ethics and the Code ofConduct
Since its establishment in 2003, theConstitutional Court has confirmed its
existence as a judicial institution which is
immune from intervention of any power. The
independency of the Constitutional court
justices in hearing a case is solely subject to
the law based on the principle of substantial
justice. Autonomous and independent judicial
branch of power always maintains its existence
as the main principles a democratic state
and the rule of law state.
Independence of the Constitutional Courtin line with the formulation of Article 24
paragraph (1) of the 1945 Constitution which
states that judicial power is the branch of
power to conduct an independent judiciary
to uphold law and justice. Strengthening the
independence of the Constitutional Court has
always been affirmed by the decisions that are
free from the executive, legislative branches of
power, and media opinion. Although the nine
Constitutional Court Justices are nominated
by three state agencies, namely the People’s
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 114/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 89
Legislative Assembly, the President, and the
Supreme Court, it does not diminish its
independence in deciding cases.
Accountability a Constitutional Court is
not to nominating institutions, but to God
Almighty and to the public, as a form of
transparency and accountability. Accountability
and transparency can be interpreted as a
form of obligation to account for the successor failure of the mission of the organization
in achieving the predetermined objectives and
targets, through the accountability media
held periodically.
In this case, constitutional court justices are
like law masters who always prioritize justice
as a principle that cannot be bargained for
or bartered with any material or power. The
attitude and behavior of justices which are
consistent in the administration of justice
would place constitutional court justices in
an admirable position (maqâman mahmûdâ)
in the eyes of justice seekers, and become
acts of worship which are approved by God
the Source of Justice.
In an effort to strengthen the independence of
constitutional court justices, the Constitutional
Court has established Constitutional Court
Regulation (PMK) Number 09/PMK/2006concerning the Enactment of the Declaration
of the Code of Ethics and Conduct of the
Constitutional Court. This PMK is intended
to uphold the integrity and personality of
constitutional court justices in a fair manner
and beyond reproach. The Code of Conduct
which is called Sapta Karsa Hutama is applied
by reference to the Bangalore Principles
of Judicial Conduct 2002, which has been
well accepted by the countries adopting the
common law and civil law legal systems.
Code of Ethics andCode of Conduct ofthe ConstitutionalCourt Justices andCode of Ethics andCode of Conduct ofthe Employees of theConstitutional Court areposted at every oor ofthe Constitutional CourtBuilding
Public Relations of theConstitutional Court/ Lulu
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 115/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201190
MAINTAINING THE INTEGRITY
OF THE CONSTITUTIONAL COURT
The Constitutional Court has also established
the Honorary Council of Justices of the
Constitutional Court which is ad hoc in nature.
The Honorary Council of the Constitutional
Court Justice is regulated in the Constitutional
Court Regulation (PMK) Number 10/PMK/2006,
on December 1, 2006. This regulation, among
other things, improves the composition of
five members of the Honorary Council of
Justices when the threat is reaching the
dismissal sanction. In addition to the two
constitutional court justices pursuant to the
previous regulation, the composition of the
Honorary Council of Justices also includes
three members other than constitutional
court justices. All the three consist of a
senior professor in legal science, a former
supreme court justice or constitutional court
justice, as well as a former head of a high
state institution.
In addition to the code of ethics of justices,
the employees of the Constitutional Court
also have the code of ethics and conduct
of the employee in the Constitutional Court
stipulated by the Regulation of the Secretary
General of the Constitutional Court No.004/
PER/SET.MK/2007 dated August 14, 2007
on the Code of Ethics and Conduct of
the employees of the Constitutional Court
which essentially consists eight values that
must be upheld.
Both regulations have been introduced to
the justices and staff of the Constitutional
Court through various ways and means,
as presented in the Workbook of the
Constitutional Court and fixed at every
floor of the Constitutional Court building. In
addition, in various forums, the mechanism
of the code of ethics is always conveyed.
Dissemination is performed to remember the
All ranks and lesof employees of theConstitutional Court
pronounced the declarationof anti-corruption zone in the
Constitutional Court, (24/8).
Public Relations of theConstitutional Court/ Fitri Yuliana
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 116/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 91
values in the code of ethics that must be
upheld and implemented in actions.
To improve the discipline of employees
in order to improve the culture of an
orderly, clean culture, and work culture
followed by the imposition of sanctions,
the Constitutional Court has regulated the
matter in the Regulation of the Secretary-
General of the Constitutional Court No.002/PER/SET.MK/2008. These rules specify the
working hours, enhancement of the culture
of cleanliness with obligations and restrictions
for employees, enhanced culture or cleanliness
with obligations and restrictions for employees,
and improved work culture with obligations
and restrictions for employees.
This rule is in accordance with the severity of
sanctions for violations. Sanctions are imposed
gradually, for the first offense using a verbalwarning and being recorded in Assessment
Record Book of the civil servant until the third
violation of disciplinary sanctions according to
Government Regulation No. 30 Year 1980. For
being late, not taking part in activities, going
home earlier for no more than three times in
a row and/or not entering the office without
explanation may be sanctioned according to
Government Regulation No. 30 Year 1980 and
be recorded in Assessment Record Book of
the civil servant. Meanwhile, the procedures
for the imposition of sanctions shall be in
accordance with applicable regulations.
The Constitutional Court has always
endeavored to exercise control and supervision
at home and watch each other. It takes a
powerful system and resistance to corruptive
acts as well as the importance of mutual
supervision among employees, justices and
officials, as well as all parties keeping each
other from every effort to undermine the
Constitutional Court’s dignity and honor. If
the roots of the Constitutional Court are
strong and can go deeply into the ground,
then no matter how hard the wind blows
it will not be shaken.
All that the Constitutional Court do basically
constitute a part of maintaining dignity ofthe Constitutional Court. Negative issues
that do not contain elements of truth that
have hit the Constitutional Court, if left over
time will be considered a truth, while it is
necessarily not true. To the growing rumors,
the Constitutional Court has an obligation to
clarify any issues and rumors addressed to
the Constitutional Court, especially concerning
the integrity of the institution that should
always be maintained. If any violation of
law alleged to have been committed by a justice or employees, all should be based
on strong and convincing evidence using the
applicable mechanisms. Allegations without
strong evidence are just the same as violation
of the law itself.
What the Constitutional Court does to enforce
employees’ code of ethics is the realization
of the Constitutional Court as a modern and
credible judicial institution. Great trust of the
community must be maintained while being
honest and not taking personal or group
advantage. In the event of breach of the
code of conduct, the Constitutional Court
will take firm actions and will not tolerate
any form of abuse of authority that would
undermine the institution and which would
ultimately be detrimental to the public. Public
inputs regarding the behavior of employees
are essential as inputs for the Constitutional
Court to enforce the code of ethics.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 117/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201192
MAINTAINING THE INTEGRITY
OF THE CONSTITUTIONAL COURT
Internal Supervisory Unit
Supervision is a systematic effort to
establish standards of performance in
planning for designing information feedback
system, comparing actual performance with
predetermined standards, establishing the
existence of any deviation, and taking
corrective actions necessary to ensure that
Human Resources (HR) have been used
effectively and efficiently. Supervision is
important in running a plan. With no oversight,
it is expected that the management plan
can be met and can runs well.
Supervision is basically directed entirely to
avoid the possibility of fraud or violations
or deviations from the objectives to be
achieved. Supervision is expected to help
implement the policies defined to achieve
the planned goals effectively and efficiently.
In fact, oversight may create an activity
closely related to the determination or
evaluation of the extent of implementation of
the work already perfomed. Supervision can
also detect the extent of policy leadership
and the extent of deviations occurring in
the implementation of such work.
The results of this supervision should be
able to indicate where there is a match
or mismatch and to find the cause of
discrepancies that arise. In the context of
building public administration management
characterized by good governance, supervision
is an important aspect to keep the government
functioning as it should be. In this context,
control becomes as important as the
application of good governance itself.
Training of Trainers of theAgents of Change for theGratuity Control Program
in the cooperation betweenthe Constitutional Court and
the Corruption EradicationCommission, November 14-
18, 2011 at the PusdiklatBuilding of the Constitutional
Court, Bekasi
Public Relations of theConstitutional Court/ Ilham
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 118/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 93
In relation to public accountability, oversight is
one way to build and maintain the legitimacy
from citizens to government performance
by creating an effective monitoring system,
both internal control and external control, in
addition to encouraging the social control
The existence of the Secretariat General and
the Registrar’s Office of the Constitutional
Court as the implementing organization withduties and functions of public administration
and judicial administration for the nine
justices is required to apply constitutional
principles of good governance. To support
the uninterrupted implementation of internal
control functions, the Internal Audit Unit (SPI)
has been established as an element of internal
control apparatus of the government (APIP).
In accordance with Decision of the Secretary
General of the Constitutional Court No. 014.1/
KEP.MK/2011 dated January 11, 2011, theInternal Audit Unit has a fundamental duty
to supervise the implementation of the basic
tasks and functions of work units within the
Secretariat General and Registrar’s Office of
the Constitutional Court. SPI has functions,
such as internal supervision planning in the
Secretariat General and Registrar’s Office
of the Constitutional Court; to establish
procedures and guidelines on internal
control activities; to carry out inspection
and supervision in the areas of organization,
personnel, administration, finance, equipment,
secretariat, and other fields related to the
duties and functions of the Secretariat
General and the Registrar’s Office of the
Constitutional Court; to carry out review,
inspection, and supervision in accordance
with the request the Secretariat General
of the Constitutional Court; to carry out
the review of financial statements and the
Registrar’s Office-Secretariat General of the
Constitutional Court; to prepare Audit Result
Report (LHP) and the implementation of
inspection and supervision tasks in general;
and to report the performance of duties and
the principal functions of the Internal Audit
Unit regularly (monthly, quarterly, semiannually,
and annually).
Developments of SPI’s tasks during 2011
included: organizing and implementing
supervision and inspection of SPIP.
Implementation of Supervision andExamination
In line with one of the strategic objectives
of the Secretariat General and the Registrar’s
Office of the Constitutional Court of
improving transparency and accountability
of the judiciary described in 3 (three) key
performance indicators (IKU), among others,
the financial statement audit opinion, thetimeliness of financial reporting, and timely
delivery of performance reports, then the
presence of SPI becomes very strategic in
encouraging the establishment of the strategic
objectives above.
In the implementation of supervision and
inspection, SPI in fiscal year 2011 planned
to stipulate a target of the work plan, which
consists of; review, audit, evaluation, and
other oversight activities.
a. Review
For FY 2011 the plan was to conduct a
review related to the financial statements
of the Constitutional Court of the Republic
of Indonesia. Target achievements were 2
(two) reports, namely, review of financial
statements of the second half of FY 2010
and review of financial statements of the
first half of FY 2011.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 119/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201194
MAINTAINING THE INTEGRITY
OF THE CONSTITUTIONAL COURT
Review of financial reports of the second
semester of FY 2010 was held on January
to March 2011 and review of financial
statements first half FY 2011 was held in
July to August 2011.
b. Audit
For FY 2011, the plan was to conduct
operational audits in 2 (two) units / Bureaus
in the Secretariat General and Registrar’sOffice of the Constitutional Court of the
Republic of Indonesia. However, given the
time constraints, the operational audit was
only conducted on 1 (one) unit of work,
namely the Bureau of APP.
c. Evaluation
For 2011, the plan was to evaluate
performance reports to the 2 (two) working
unit at bureau / Central level of the Puslitka
and APP units. The evaluation activities forLAKIP Puslitka were conducted in April to
May 2011, while the evaluation activities for
the Bureau of APP LAKIP evaluation were
conducted in June up to July 2011.
d. Other Supervision Activities
Other supervision activities include the study
of the review, monitoring of the completion
deadline for bills charged to the State
Revenues and Expenditures Budget of FY 2011
pursuant to Regulation of the Minister of
Finance Number 170/PMK.05/2010, and the
study of the disposition of the Secretary
General of the Constitutional Court.
For the study of the results of the FY
2011 review, SPI conducted a review of
the study of the Financial Statement of the
Constitutional Court for Semester II of FY 2010
particularly in relation to the maintenance of
equipment and machinery and buildings, as
well as a review of the work items in the
contract for maintenance of the courtroom
for FY 2011 in relation to the contract for
the management of building of Constitutional
Court carried out from March 23, 2011 to
5 April 2011.
Deepening activities for Completion deadline
for the settlement of bills charged to the
State Revenues and Expenditures Budget FY
2011 were held on September 12 up to23, 2011.
Meanwhile, the number of dispositions of
the Secretary General since January up to
November 30, 2011 was 279 pieces, with
some dispositions out of all the dispositions
with high value and high complexity and risk
being already reviewed.
Implementation of SPIP
In addition to organizing activities of
supervision and inspection, SPI has also been
carrying out activities for the implementation
of Government Internal Control System
(SPIP).
Internal control system of the government
will provide a guarantee of quality and
performance of government as a whole. To
achieve a good system of internal control
in government agencies, the Government
has issued Government Regulation (PP) No.
60 Year 2008 concerning the Government
Internal Control System (SPIP). This rule
is a guideline for government agencies to
organize the system of internal control and
for achieving good governance.
As a form of commitment to the Secretariat
General and Registrar’s Office of the
Constitutional Court in order to implement
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 120/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 95
the SPIP in the Secretariat General and
Registrar’s Office, the Constitutional Court has
conducted several activities, namely among
other things, SPIP socialization, SPIP training,
the formation of SPIP Implementation Task
Force within the purview of the Secretariat
General and the Registrar’s Office of the
Constitutional Court , and the implementation
of the mapping (diagnostic assessment) of
SPIP application in the Secretariat Generaland Registrar’s Office of the Constitutional
Court, preparation of action plan for the
fulfillment of the area of improvement, and
preparation of implementing regulation of
SPIP in the Constitutional Court which have
been carried out by the Task Force Team
of SPIP of the Center for the Financial and
Development Supervisory Agency (BPKP) in
collaboration with SPIP Implementation Task
Force of the Constitutional Court.
Establishment of ComplaintPost Office Box and PublicInformation Center
The Constitutional Court has established a
Complaint Post Office Box for the services
of the Constitutional Court to the justice
seekers. This post office box is intended
as an input to the service of the staff of
the Constitutional Court. All inputs will be
followed up according to work units related
the applicable mechanisms to uphold the
presumption of innocence.
To ensure the fulfillment of the rights of
citizens to obtain information, to encourage
and to promote the participation of the
community as well as to achieve a good
state administration, the Constitutional Court
has established a Public Information Service
within the purview of the Constitutional Court.
This service is provided for in Regulation of
the Secretary General of the Constitutional
Court No. 006/PER/SET.MK/2011 as mandated
by Law no. 14 Year 2008 regarding Public
Disclosure.
Various information can be obtained, for
example information which must be announced
immediately, and at any time. Some
information is exempt except by the permission
of the Chief Justice of the ConstitutionalCourt. This information is given with a
particular procedure. All information provided
is an essential part of the transparency of
judicial institutions.
Reporting of the Wealth ofState Administrators
In order to implement Presidential Instruction
No.5 of 2004 on the Acceleration of
Corruption Eradication, the Constitutional
Court has stipulated it in the form of
Decision of the Secretary General of the
Constitutional Court No.016/KEP/SET.MK/2011
concerning the Stipulation of Obligation to
Report the Wealth of Officers who have
Strategic Positions and Potential/prone to
Corruption, Collusion and Nepotism in the
Constitutional Court.
The dictum of this decision stipulates the
aforementioned 18 officials and LHKPN shall
made and submitted to the Corruption
Eradication Commission no later than 60
(sixty) days after the official holds office or
resigns from the position. In addition, the
next dictum states that in every two years
LHKPN must be updated and the subsequent
dictum imposes sanctions for violations of
this decision. LHKPN has also been reported
to the Corruption Eradication Commission as
an effort to prevent corruption.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 121/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201196
MAINTAINING THE INTEGRITY
OF THE CONSTITUTIONAL COURT
Granting of the HighestStandards AchievementAwards in Government
Financial Accounting andReporting 2011 by the
Ministry of Finance
Public Relations of theConstitutional Court/Ganie
Gratuity Control
Act of receiving gratuities by state
administrators or the civil servants is
considered a bribe if it is related to his/
her position and if it is contrary to his/her
obligations and duties. The gratuity regulation
as the gratuity awareness may have a bad
impact and may be abused. Appropriate
measures need to be conducted in relation
to gratuity by declining or immediately
reporting any gratuity received.
In order to support efforts to eradicate
corruption in the Constitutional Court, the
Constitutional Court and the Corruption
Eradication Commission was committed For the
purpose of implementing the Gratuity Control
Program, the Memorandum of Understanding
(MoU) was signed on August 24, 2011.
As the implementation of cooperation, the
Constitutional Court has carried out severalactivities in the implementation of the
gratuity control system of the Constitutional
Court, which includes among other things,
workshops, interviews (assessment), Training
of Trainers (ToT). The Constitutional Court
has also established the executive board for
gratuity control functions in the Constitutional
Court.
In relation to the gratuity control, and inrelation to Holidays in 2011, the Secretariat
General and the Registrar’s Office of the
Constitutional Court issued a Circular Letter
of the Secretary General of the Constitutional
Court No.2368.3/KP.05.05/09/2011 containing
the appeal for each work unit to monitor,
collect data and coordinate the reporting
of gratuities of the officers and staff of
the Constitutional Court. In addition, the
Constitutional Court has applied Implementation
measures to collect data of the gratuityacceptance in the Constitutional Court.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 122/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 97
Anti-Corruption Zone
Efforts to prevent corruption in judicial
institutions cannot be made by the judicial
institutions themselves, but must be supported
by the entire community, especially the parties
related to the judicial institutions. Speed,
accuracy, and transparency may automatically
minimize corruption.
The Constitutional Court achieved the
unqualified opinion (WTP) predicate upon the
Financial Statements of the Constitutional
Court 2010 of the Audit Board (BPK). Based
on the letter of the Audit Board No.93A/HP/
XVI/05/2011 dated May 20, 2011, concerning
Audit Results Report of the Audit Board upon
the Financial Statements of the Constitutional
Court 2010, the Audit Board gave an
unqualified opinion (WTP). Upon the Financial
Statements of the Constitutional Court 2010,
the Audit Board stated that there was no
significant weakness in the Internal Control
System of the Constitutional Court.
For the Constitutional Court, the achievement
of Unqualified Opinion was for the fifth
time. Previously, the Constitutional Court
achieved Unqualified Opinions in 2006,
2007, 2008, and 2009 for financial reportsand management which were transparent,
accountable, through the assessment by
professionals and independent auditors’ team
of the Audit Board. This opinion was obtained
for the role of all ranks and files of the
Secretariat General and the Registrar’s Office
of the Constitutional Court as well as all
employees of the Constitutional Court.
After giving of the unqualified opinion predicate
the all employees in the Constitutional Court
a declaration of the commitment of anti-
Chief Justice of theConstitutional Court,Moh. Mahfud MD, ViceChief Justice of theConstitutional CourtAhmad Sodiki, Chairmanof the CorruptionEradication Commission
M. Busyro Muqoddas,Chairman of the AuditBoard Hadi Poernomo,during the signingof the Memorandumof Understanding(MoU) between theConstitutional Courtand the CorruptionEradication Commission,and the MoU betweenthe Constitutional Courtand the Audit Board.Wednesday (24/8)
Public Relations of theConstitutional Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 123/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 201198
MAINTAINING THE INTEGRITY
OF THE CONSTITUTIONAL COURT
corruption zone and commitment to maintain
unqualified predicate was guided by the
Secretary General of the Constitutional Court.
The Anti-Corruption Commitment was also the
commitment of the Constitutional Court in
2011, as had been performed in previous
years. It was aimed at strengthening the
integrity of the institution of the Constitutional
Court as a state institutions serving as the
guardian of the constitution which is modernand reliable up to the date.
All awards given to the Constitutional Court
are not the goals but the efforts of full
professionalism, discipline and honesty to
realize the Constitutional Court as a judicial
institution which is trusted and which has
integrity. The commitment of anti-corruption
zone was expected to always be applied in
real actions in the Constitutional Court.
In addition to the unqualified opinion award,
the Constitutional Court also received Highest
Standards Achievement Awards in Government
Accounting and Financial Reporting Year
2011 from the Ministry of Finance. Symbolic
handover was performed by Vice President
Budiono during the opening of the National
Working Meeting of the Government Accounting
and Financial Reporting Year 2011, (19/9)
at Dhanapala Building, Jakarta.
In addition to the Constitutional Court, awards
were also granted to 53 ministries and
institutions as well as 32 local governments
that had implemented the best financial
reports in 2010 by obtaining unqualified
opinions. The financial statements became
the parameter for assessing the performance
of the government.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 124/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 99
Transparency of the Judicial Institution
The fenceless buildingof the ConstitutionalCourt Buildingsymbolizes transparency
Public Relations of theConstitutional Court/Ray Bachtiar
Judicial institutions must prepare themselves
amidst the increasingly growing knowledge
of the community along with the rapid
technological advancements which have
provided the community with easy access
to information in a real time manner,
anytime and anywhere. The willingness to
be transparent can be defined as the
preparedness to accept inputs and criticisms
for improvement. Transparency of information
through various channels, both conventionally
(offline) and electronically (online), constitutes
an avoidable demand of the era.
Modern management of judicial institutions
constitutes a form of transparency which
has become the need for facilitating the
community’s access to justice. A Judicial
institution must be able to implement the
principles of good governance, namely:
transparency, fairness, impartiality, independency
and accountability. In order to be able to
perform duties based on the principles of
fairness and impartiality, a judicial institution
must assert its position as a free institution
or the independency in performing judicial
functions without eliminating the required
accountability of a judicial institution according
to the principle of accountability.
Fairness is implemented by treating every
person equally before the law in terms of
provision of information, response, time as
well as cost in every process which must
be followed. Impartiality is related to the
hearing process as well as case service
not being based on close relations, power,
wealth or majority-minority considerations,
but rather it must be equal in accordance
with the laws and regulations. Meanwhile,
transparency is intended for the community
to properly know how the judicial process
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 125/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011100
MAINTAINING THE INTEGRITY
OF THE CONSTITUTIONAL COURT
should be conducted, the progress of cases
being heard, the hearing process and the
court’s decisions.
The organization of a judicial institution
is required to be transparent in providing
services, particularly for the justice-seeking
community, since the initial objective (khittah)
of the establishment of a judicial institution is
to guard the enforcement of law and justice.Transparent management of an organization
would automatically eliminate the public’s
suspicion of vile and dirty practices bathed
in ruthlessness. Transparency of judicial
institution will not materialize without the
support of facilities and infrastructure relevant
to the needs.
From the beginning of its establishment, the
Constitutional Court has consolidated its
existence as a transparent judicial institution.This is reflected, among other things, on
the construction of the Constitutional Court
Building designed in such a way that it
represents the authority, functions, as well
as the vision and mission inherent in the
Constitutional Court and the goal of becoming
the “House of the Constitution”. In addition to
the aesthetic flavor, the selected architecture
also reflects symbols philosophically rich
with meaning.
The green yard in front of the Constitutional
Court Building is not fenced. This symbolizes
the openness of the Constitutional Court to
the general public, including for conveying
their aspirations. By leaving the yard open,
the community will get the impression that
the Constitutional Court Building is not
arrogant, but rather it is an open and
kind building.
Development of ICT-BasedJudicature
Rapid development in information and
communication technologies (ICT) is a blessing
on its own if they can be utilized for the
benefit of human life. The utilization of ICT
in judicial institutions must be understood
as an initiative to provide excellent services
to the justice-seeking community.
The utilization of the most recent ICT, both
internally and externally, becomes the option
of the Constitutional Court for materializing
transparency in the judicial institution. Even ICT
utilization has proven to give great support
for the judicial administration process in a
cost-effective, quick, accurate and transparent
manner. In addition, this can prevent any
direct individual interaction between external
parties and the employees of the judicial
institution which often becomes the beginning
of corruption practices.
It is undeniable that modernization marked
by the rapid development of ICT plays a
great role in influencing the changes in the
interaction patterns. The ICT system has
been created for the purpose of providing
facilities in various fields of life.
Traditions with positive values in the judicial
institution must always be firmly upheld.
On the other hand, the emergence of the
aforementioned new phenomenon in the arena
of life should obtain proper appreciation. If
the new phenomenon has a positive meaning
brings a blessing for the benefit of the
justice-seeking community, then the benefits
should be enjoyed because a tradition,
either old or new, is considered to have a
positive value if it contains certainty, justice
and benefit.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 126/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 101
In applying transparency and accountability,
the Constitutional Court has, since its
establishment, utilized the ICT system. The
performance of duties and authority by using
ICT has become a part of the bureaucratic
reform within the purview of the Secretariat
General and the Registrar’s Office of the
Constitutional Court. The use of ICT can
reduce interactions ultimately leading to
the rigging of cases or decisions to amaximum. In addition, the utilization of ICT
is the materialization of transparency and
accountability of the Constitutional Court as
a judicial institution which always endeavors
to open the access to justice to a maximum
extent.
Throughout 2011, the Constitutional Court
have been continuously applying and
developing the Case Management System
(Sistem Manajemen Perkara or Simpel). Thissystem is intended to facilitate justice seekers
to obtain access to justice. This online
petition application launched on August 11,
2006 has made it easier for the petitioners
to file a case. The Constitutional Court also
serves legal consultation online.
Easy access to justice is also applied by the
Constitutional Court in every hearing. Every
decision pronounced can be immediately
read by the parties and all people presentin the hearing as it is displayed in the
screen. Furthermore, within 15 minutes upon
the pronouncement of the decision, the
Constitutional Court uploads the decision in
the website of the Constitutional Court so
that the general public can directly know
and download it.
Considering the relatively great potential
efficiency and effectiveness of the ICT
utilization, the Constitutional Court, in 2011,had been continuously improving the display
Chief Justice of theConstitutional Courtsymbolically launchedthe e-Procurement ande-Perisalah, January 13,2011.]
Public Relations of theConstitutional Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 127/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011102
MAINTAINING THE INTEGRITY
OF THE CONSTITUTIONAL COURT
of the Constitutional Court at the address
www.mahkamahkonstitusi.go.id to provide easy
access for the community. In the website
address, the community can obtain relatively
sufficient knowledge regarding the existence of
the Constitutional Court. Various information
regarding the hearing as well as non-hearing
information is presented in the website.
The main mission of ICT utilization is to
provide excellent services to parties in acase. The parties to a case, i.e. petitioner,
respondent, the government, the People’s
Legislative Assembly, and other related parties,
can access the case summary, synopsis,
hearing minutes, hearing video streaming
and results of decision. Information on
hearing schedule is also presented in the
website of the Constitutional Court so that
public may know the hearing process in the
Constitutional Court.
In addition, the website of the Constitutional
Court is also enriched with a library of
electronic books (e-books) such as Regulations
of the Constitutional Court, Konstitusi
Magazine, papers, Konstitusi Journal, research
results, symposium proceeding. Such e-books
can still be downloaded at any time, of
course with the required connection to the
internet.
The utilization of ICT in the Constitutional
Court also supports the concept of paperless
office, since the use of paper-based materials
is symmetrically comparable to the cutting
down of trees in the forest. The use of
more paper will lead to a greater potential
of land clearance or deforestation. Meanwhile,
forests serve as the lungs of the Earth,
provider of the main source of life, namely
oxygen. Therefore, changing everything related
to paper into digital formats is an option
which is extremely beneficial, effective and
efficient. Published books, magazines and
other print media can be converted into a
digital format. Correspondence can use email
formats in a virtual office.
This ICT-based administration program is
implemented on a continuous basis as part
of the implementation of integrated judicial
system in the Constitutional Court which is
transparent and accountable. Technology-based implementation of duties is also
considered as part of the bureaucratic reform
within the purview of the General Secretariat
and the Registrar’s Office. In addition, it can
minimize the existence of judicial mafia in
the Constitutional Court to a zero limit.
The Development of e-CourtFacilitates Access to Justice.
The community’s access to information
contained in the website of the Constitutional
Court constitutes a form of the principles
of transparency and accountability. All the
features, applications available in the website
of the Constitutional Court offer easy options
for the parties in a case domiciled throughout
the motherland. The Constitutional Court
continuously expands the reach to make itself
closer to the justice-seeking community.
The Constitutional Court has changed the
image of judicial institution which has been
so far considered scary in the eyes of
the community. Various optional efforts to
facilitate access to justice continue to be
made by, among other things, developing
e-court. The Constitutional Court continues to
make initiatives of developing e-court along
with the development of information and
communication technology for the purpose
of realizing the Constitutional Court as a
modern and credible judicial institution.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 128/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 103
Indeed, the development of e-court needs
to involve all parties, meaning that the
parties need to understand the procedures
for submitting petitions and the law. Since
August 11, 2006, the Constitutional Court
has broken down conservatism of the hearing
procedural law in Indonesia by launching
the case management system (Simpel), by
giving the opportunity for registration of
petitions online. With this system, all thepeople, anywhere and at anytime can file
petitions to the Constitutional Court. The
application of electronic case management
information system (Simpel) developed by the
Constitutional Court is based on the work
flow using internet technology.
The current case management system has
been increasingly leading to e-court, which
allows all segments of society to use
their legal rights to have a case heard inthe Constitutional Court. In addition, the
community can know the development of
their case easily. The use of information
and communication technology provides the
community with wide access to court and
justice. The aforementioned programs are,
among other things:
(i) I n f o r m a t i o n s y s t e m o f w w w.
mahkamahkonstitusi.go.id
Basically, the website of the Constitutional
Court is a general website of the Constitutional
Court of the Republic of Indonesia containing
news regarding the Constitutional Court,
hearing schedule, decisions, hearing minutes,
case summaries, summary of decisions,
Regulations of the Constitutional Court, news
of the Constitutional Court in the form of
magazines, video streaming of hearings,
online petition, online consultation as well
as MKTV.
(ii) Archival Information System
The information system which stores
information files in a database. Stored files
can be easily retrieved at any time when
required.
(iii) e-Law Information System
The application system contains information
presenting legal products, such as the 1945Constitution, laws, Stipulations of the People’s
Consultative Assembly, Presidential Stipulations,
Regional Government’s Policies, and Central
Government’s Policies.
(iv) Information System of the Constitutional
Court of the Republic of Indonesia
This is the electronic case information system
which can be referred to as SIMPEL utilized
by petitioners to file cases online. Online
submission of a case is provided by MK asone of the efforts of facilitating access for
the general public. Thus, if the Petitioners
are domiciled far from the location of the
Constitutional Court which is in the Capital
City of Jakarta only, they can perform online
registration without personally coming there
considering the urgency of distance and time
to register a case. This is of course related to
the Constitutional Court as a modern judicial
institution wishing for the implementation of
the principle of timeliness.
To make it easier for the community
to access the ICT-based administration
service, the Constitutional Court disseminates
information to the general public by, among
other things: (i) Disseminating information on
the procedures for Proceedings in the court;
(ii) Providing easier access to information
regarding the progress of the case: (iii)
Making the procedures for attending the
hearing process easier; (iv) Accelerating and
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 129/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011104
MAINTAINING THE INTEGRITY
OF THE CONSTITUTIONAL COURT
simplifying the case proceeding process; and
(v) Eliminating or at least pressing the cost
of proceedings which must be borne by the
community. So far, the Constitutional Court
has not imposed and case fees from any
other party, so that all segments of society
whose constitutional rights are impaired may
filing a petition.
(v) simpp Information System
The information system of simpp functions as
the case data bank of the Constitutional Court.
This system is equipped with multilayered
filtering of case data search system for more
accurate search. In addition, this system is
also beneficial for preparing reports of cases
of the Constitutional Court.
(vi) simpus Information System
Simpus is an information system presenting
a list of various books available in the
Library of the Constitutional Court of the
Republic of Indonesia.
(vii) simtor Information System
Simtor constitutes an information system
providing Turn of Reference used for recording
data of goods in procurement of goods.
(viii) sisca Information System
Sisca constitutes an information systemproviding a database of financial information
systems (siska).
(ix) e-procurement Information System
E-procurement constitutes an information
system developed for the management of
goods procurement at the Constitutional
Court. This information system was launched
in early 2011, on January 13, 2011.
Court Recording System
The whole hearing process in the Constitutional
Court is documented using the court recording
system. The system currently developed
by the Constitutional Court is capable of
recording the whole hearing process, storing
data in audio and video formats, as well as
transferring and storing such data in a digital
form and printable transcript. The recordingis run digitally, to be subsequently distributed
to the transcriber to be transcribed
The utilization of ICT in the court recording
system is important for documentation of the
hearing and the making of hearing transcripts.
On the one hand, good documentation will
be useful for justices in decision-making
because the whole hearing is recorded
properly. On the other hand, this will be
of great help to people who want to know
the whole hearing process.
This system also gives an idea of how the
hearing is managed. Another system developed
for the purpose of data accuracy is the
case minute management system, namely,
the use of ICT to correct the hearing
minutes and decision. This ICT is beneficial
to ensure that a legal document has been
correctly written, does not lead to multiple
interpretations and can be understood easily.
Case files, minutes and decisions of the
Constitutional can be easily retrieved using
the online information retrieval.
At the beginning of 2011 (January 13,
2011) the Constitutional Court launched its
e-Perisalah as the result of cooperation
between the Constitutional Court and PT. INTI
(Industri Telekomunikasi Indonesia). Previously,
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 130/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 105
since September 2, 2010 the Constitutional
Court had entered into cooperation with
the Agency for Assessment and Application
of Technology of Badan Pengkajian dan
Penerapan Teknologi (BPPT) to implement
the latest minutes-making system called
e-Perisalah.
The e-Perisalah system is a minutes-making
solution system using speech recognition
technology that automatically transcribes all
speeches both in hearings and in meetings.
The e-Perisalah has a feature showing the
speaker’s speech, so that it is easy to identify
when the speech starts, who is speaking,
and what is being talked about. The reason
for BBPT to choose the Constitutional Court
as the first place for the application of
e-Perisalah was that BPPT considered the
Constitutional Court to be the state institution
making the best transcript Indonesia at the
moment.
By using the e-Perisalah System, the
preparation of the minutes of hearings,meetings and discussions becomes more
efficient in terms of time and human
resources. In addition, it facilitates the
storage of archives in the form of digital
sound recording and electronic text in
the database. This minutes-making system
possessed by BPPT has been used in the
hearings of the Constitutional Court since
August 2, 2010 last year.
Hearing on the disputeover the results of theElection of RegionalHead of MajeneRegency through videoconference.
Public Relations of theConstitutional Court/PranaPatrayoga
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 131/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011106
MAINTAINING THE INTEGRITY
OF THE CONSTITUTIONAL COURT
Video Conference
Since the beginning of its establishment,
the Constitutional Court has endeavored
to apply the principles of transparency
and accommodate all interests, while
simultaneously addressing the problem of
accessibility of the parties concerned. The
existence of the Constitutional Court with its
office and hearings in Jakarta only was very
likely to create specific obstacles for the
parties concerned to come personally. For
example, the petitioners’ witnesses may be
domiciled in the remote territory of one of
the most distant province from Jakarta, or
experts domiciled abroad. The Constitutional
Court has strived to a maximum extent
to trim the barrier lines by providing the
supporting means or facilities so that the
barriers of travel distance time and cost
no longer become the barriers for the
community to follow the hearings in the
Constitutional Court
The need for speedy trial process increased
when the Constitutional Court heard cases of
disputes over election results. To meet that
need, the Constitutional Court introduced the
use of video conference. Video conference has
been extremely useful for opening accessibility
of the hearings of the Constitutional Court
to the community without being physically
present in the building of the Constitutional
Court.
Along with subsequent developments, utilization
of the video conference technology became
increasingly widespread. Coordination meetings
of the Constitutional Court with the Faculties
of Law and the Centers for Constitutional
Studies throughout Indonesia on June 20-
22, 2008 produced the Memorandum of
Understanding regarding the use of video
conference. Through an agreement with
39 faculties of law, the video conference
technology network was expanded to 39
universities to facilitate the implementation of
the hearings of the Constitutional Court.
The need for the utilization of video
conference has increased along with the
delegation of authority to handle cases of
general elections and the election of regionalheads (Pemilukada) into the hands of the
Constitutional Court. Video conference is
beneficial not only to the disputing parties,
but also to the public.
To further regulate the procedural law
necessary for uninterrupted implementation of
its duties and authority, the Constitutional
Court issued Regulations of the Constitutional
Court (PMK) Number 18 Year 2009 regarding
the Procedures Electronic Petition SubmissionGuidelines (Electronic Filing) and Long-Distance
Examination Hearing (video conference). Article
16 the PMK states, among other things, that
long distance examination hearing (video
conference) shall be conducted on the basis
of the petition of the petitioner and/or the
respondent or its attorney. Long distance
examination hearing conducted by panel of
justices against the petitioner and/or the
respondent or its attorney authority, witnesses
and/or experts shall be conducted online
and in a real time (instant) manner from a
long distance through the video conferencing
technology using telephone and network
connections, so as to allow the parties to
see and talk to each other as it would be
in a hearing held offline.
The aforementioned article also explains the
procedures for long-distance hearing. The
application for a long-distance hearing shall
be submitted no later than 5 (five) business
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 132/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 107
days prior to the planned implementation of
the long-distance hearing, either directly or via
facsimile, e-mail, express mail, or any other
media available. Subsequently, the Registrar’s
Office of the Court will notify the Petitioner
and/or the Respondent or its attorney of the
implementation of the long-distance hearing
no later than 2 (two) business days prior
to the implementation of the long-distancehearing and that such notification shall also
serve as hearing summons.
Throughout the year 2011, the Constitutional
Court has heard Pemilukada cases via
video conference for 14 times namely at
the University of Sam Ratulangi, Manado in
North Sulawesi (1 time), University of North
Sumatera (1 time), Diponegoro University,
Semarang (2 times), Haluoleo University,
Kendari, Southeast Sulawesi (1 time), StateUniversity of Riau (1 time), Nusa Cendana
University, Kupang, East Nusa Tenggara (1
time), Hasanuddin University, Makassar, South
Sulawesi (1 time), Cendrawasih University,
Jayapura, East Papua (4 times) and Gajah
Mada University, Yogyakarta (2 times). The
example was the dispute of Pemilukada
of Sarmi Regency, Papua on October 24,
2011 with an agenda of examination of
25 witnesses presented by the Petitionerin Case Number 106/PHPU.D-IX/2011. The
witnesses’ statements were directly heard
through video conference from Cenderawasih
University, East Papua.
In 2011, video conference has continued
to be developed not only to facilitate the
judicial process of the Constitutional Court,
but has also been used for educational
activities such as higher education of law
and public lectures by constitutional court justices, professors and experts in the field
The CentralInformationCommission (KIP)held a hearing at theConstitutional Courtby utilizing the videoconference facility.
Public Relations of theConstitutional Court//Andhini SF
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 133/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011108
MAINTAINING THE INTEGRITY
OF THE CONSTITUTIONAL COURT
of law and constitution, both from within and
outside the country, carried out interactively
with 39 Faculties of Law in cooperation
with the Constitutional Court. The purpose
and background of the holding of a public
Lectures in 2011 were to increase the
insight of students and other participants
primarily on materials about Pancasila, the
Constitution, and Procedural Law of the
Constitutional Court. Throughout 2011, publiclectures via video conference were carried
out for 64 times.
The video conference facility owned by the
Constitutional Court has also been utilized
by agencies for the purposes of the hearings
and discussion. Among other things, the video
conference facility was utilized by the Central
Information Commission (KIP). On January
18, 2011, KIP held a follow-up hearing for
adjudicating the information dispute betweenthe community and public legal entity in a
case of ‘fat account’ of an officer of the
Police of the Republic of Indonesia. The
hearing held in the Courtroom for Plenary
Session of the Constitutional Court on the
4th floor was broadcast live to 12 universities
through the video conference facility owned
by the Constitutional Court. The twelve
campuses were University of North Sumatra in
Medan, University of Sriwijaya in Palembang,
Sultan Ageng Tirtayasa University of Banten,
Diponegoro University in Semarang, Gadjah
Mada University in Yogyakarta, Padjadjaran
University in Bandung, Airlangga University in
Surabaya, Palangkaraya University, Hasanuddin
University in Makassar, Gorontalo University,
Mataram University, and Nusa Cendana
University in Kupang.
The National Commission for Women (Komnas
Perempuan) was also recorded to have held
a discussion utilizing the video conference
facility owned by the Constitutional Court
on April 25, 2011. At the Press Conference
Room on 4th floor of the Constitutional
Court Building, a discussion on the role
of women in the movement of diversity
of Indonesia was interactively connected
via video conference with four universities,
namely Gadjah Mada University in Yogyakarta,
North Sumatra University in Medan, Mataram
University in West Nusa Tenggara, andPattimura University in Ambon. At the end of
the event, Constitutional Court Justice Maria
Farida Indarti who acted as the discussion
resource person, together with participants who
were present at the Constitutional Court as
well as in the aforementioned four universities
once again sang the Sabang sampai Marauke
to bring the spirit of diversity.
Digital Signage
In its development, the Constitutional Court
has also possessed a Digital Signage program
which constitutes a form of facility for
providing a forum for the community of
visitors to access various features of the
Constitutional Court’s services for 24 hours.
The user-interface form of the Digital Signage
is in the form of a 32 inch touch screen
equipped with various menu items which
can be freely accessed by the community
or visitors.
Basically, the Digital Signage is the
development of the e-Kiosk Facility which
the Constitutional Court has possessed since
2009. The e-Kiosk Program supported by a
multimedia computer in the box room under
this touch screen contains the features of the
website of the Constitutional Court including
website links or applications such s the
PIH (Legal Information Center) and Simpel,
access to website links, live broadcast of
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 134/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 109
the ongoing hearing, access to multimedia
files in the form of photos and videos of
hearings which have taken place in the
Constitutional Court.
Meanwhile, the contents in the Digital
Signage are the results of synchronization
of information from video conference, input
user, website of the Constitutional Court and
simpus. The advantages of the Digital Signage
are mainly the multimedia display which is
dynamic and richer with features such as
the profile of the library of the Constitutional
Court of the Republic of Indonesia, hearings,
MKTV, and digital announcement board.
Currently, the Constitutional Court has had 7
units of Digital Signage which are installed
at strategic locations, namely at the front
lobby and the rear lobby, the plenary session
room lobby on 2nd floor, the Government’s
waiting room on 4th floor, library room
on 5th floor, library room on 6th floor,
and the room for Consultative Meetings of
Justices (RPH).
The Constitutional Court has also developed
the Financial Information System (Siska) as
the development of the previously existing
system. The development of the general
administration system is basically aimed at
increasing effectiveness, efficiency, productivity
and accountability. Through the utilization of
technology, the general administration can
be arranged properly and in a well-directed
manner. If all the applications of this system
work, the organizational structuring of the
Constitutional Court will be easier to be
conducted in the future, so that the Court
can perform as an increasingly modern and
credible court.
A visitor was lookingat the ConstitutionalCourt’s hearingschedule on theDigital Signagefacility on theground oor of theConstitutional Courtbuilding.
Public Relations of theConstitutional Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 135/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011110
MAINTAINING THE INTEGRITY
OF THE CONSTITUTIONAL COURT
Website of the ConstitutionalCourt
Dissemination of information through the
internet media has currently become an
important need in line with the development
of the increasingly modern information
technology. In response to this demand, the
Constitutional Court has made an official
website of the Constitutional Court containing
information regarding the Constitutional Courtand the hearings which can be accessed
through the internet.
To facilitate and fulfill the need for accessing
information regarding the Constitutional
Court through the virtual world, the website
of the Constitutional Court is continuously
improved. The newest display of the website
of the Constitutional Court provides more
menu items accessible through the internet,
namely, among other things, video streamingand video minutes.
The community’s access is widely opened,
including to consultation on constitutional
issues online. Similarly, registration of cases
can be performed online, with access and
downloads as well as live streaming. The
number of visitors up to the end of December
2011 has been 7,721,120 visitors.
In addition to reading hearing news, non-
hearing news and menu display provided
in the website of the Constitutional Court,
the visitors of can also download uploaded
files, such as the files of hearing minutes,
decisions and Konstitusi Magazine. Up to
December 30, 2011, 119,850 visitors to the
website of the Constitutional Court have
downloaded Konstitusi Magazine. As many
as 51,344 visitors have downloaded e-journal,
39,985 visitors have downloaded annual
reports, and 79,977 visitors have downloaded
papers. Subsequently, 63,874 visitors have
downloaded the Comprehensive Script of theAmendment to the 1945 Constitution, 46,804
Legal Information Center
Public Relations of theConstitutional Court
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 136/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 111
visitors have downloaded the results of
research and studies, 144 have downloaded
Regulations of the Constitutional Court,
832,789 have downloaded Decisions of the
Constitutional Court, 382,812 have downloaded
case summaries, 787,903 have downloaded
hearing minutes, and lastly, 192,414 visitors
have downloaded decision summaries.
Subsequently, to enrich the treasury ofknowledge in the field of law, the website
of the Constitutional Court displays the
menu of Legal Information Center (PIH). This
menu constitutes a form of service for the
community to obtain information regarding
law in its various forms.
The community can access legal documents
in the form of the 1945 Constitution, laws
and regulations, Government Regulations in
Lieu of Law, Presidential Regulations, Ministerial
Regulations, Decisions of the Constitutional
Court, decisions of the Supreme Court,
et cetera. Throughout 2011, the files andattachments uploaded in PIH are: Laws
(13 files, Government Regulations (43 files),
Presidential Regulations (72 files), Ministerial
Regulations (84 files) and Regional Regulations
(6,308 files).
Pro le of the websiteof the ConstitutionalCourt at www.mahkamahkonstitusi.go.id
Public Relations of theConstitutional Court
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 137/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011112
MAINTAINING THE INTEGRITY
OF THE CONSTITUTIONAL COURT
BUREAUCRATIC REFORM IN THECONSTITUTIONAL COURT
In many countries, bureaucracy developing in
the national life constitutes the main forum
for state administration in various fields of
national life and in international relations. In
addition to serving the function of service
management, bureaucracy also has the duty
of translating various political decisions into
various public policies and develops in serves
the function of managing the operational
implementation of such various policies.Meanwhile, Bureaucratic Reform constitutes
significant changes in the elements of
bureaucracy, namely among other things, the
institution, human resources of apparatuses,
supervision and public service. However, it
is necessary to realize that bureaucratic
reform is a decisive factor in the success
of all governmental agendas, including for
materializing a clean and KKN (Corruption,
Collusion and Nepotism)-free government in
the entire scenario for materializing goodgovernance. However the experiences of
our nation and other nations indicate that
bureaucracy is not always able to perform
its duties and functions automatically and
independently and to produce significant
performance.
Various problems/barriers causing the
government administration system to
dysfunction or to function improperly so
that it must be rearranged or renewed.Bureaucratic reform is implemented for the
purpose of materializing good governance.
In other words, bureaucratic reform is a
strategic step to build the state apparatus
to be more efficient and effective in carrying
out general duties of the government and
national development. In addition to extremely
rapid advancements in science, information
and communication technology as well as
changes in the strategic environment demand
the government bureaucracy to be reformedand adapted to the dynamic demands of
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 138/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 113
society. Therefore, fundamental, comprehensive,
and systematic steps should be immediately
taken so that the objectives and targets can
be achieved effectively and efficiently. Reform
here is a renewal process performed in a
gradual and sustainable manner, so that it
does not include radical and revolutionary
efforts and/or actions.
Most efforts which have been made by theSecretariat General and the Registrar’s Office
of the Constitutional Court related to providing
services to people seeking justice have
been implemented in a transparent, accurate
manner and with high validity. Technological
facilities that have been possessed by the
Secretariat General and the Registrar’s Office
to provide support to the Constitutional Court
in carrying out its authority in a transparent
manner have proven to provide a sense of
satisfaction. The indicator is the certaintyof an extremely transparent decision issued
without interference and pressure from any
party. These conditions have, in principle,
been implemented since the establishment of
the Constitutional Court on August 13, 2003,
which bears great responsibility in guarding
the constitution and the creation of the
checks and balances system with respect
to the power of high state institutions. The
Constitutional Court has decided several cases
which result in changes to the atmosphere
of the state administration system of the
Republic of Indonesia, and will gradually lead
to the law being the commander in the life
of the state. It is realized that the role is
not easy to maintain. Therefore, to provide
complete certainty for efforts to increase
the role, the development and improvement
of management systems, institution and
human resources are continuously made. The
government and its existing apparatuses have
determined that for the government to be
clean, effective and efficient, rearrangement
is necessary the bureaucratic reform program
as set forth in the Regulation of Minister
of Administrative Reform Number PER/15/M.
PAN/7/2008 regarding the Implementing
Guidelines on Bureaucratic Reform.
From the aspect of service to the justice-
seeking community, the Court has managedto provide quick, accurate, transparent,
accountable and very satisfactory services,
which can be measured by the accuracy of
the Court’s decisions and the delivery of
decision files to the disputing parties on the
day on which the decision is pronounced.
In such conditions, the creation of good
governance within the judiciary such as the
Constitutional Court can be continued with
emphasis on the arrangement that has not
implemented according to the stages thathave been specified in the bureaucratic reform
guidelines. Rearrangement of the stages of
bureaucratic reform within the Secretariat
General and Registrar’s of the Constitutional
Court includes the phasing area, including
strategic direction, change management,
structuring of the institutional system of the
Secretariat General and the Registrar’s Office
of the Constitutional Court, organizational
structuring of the General Secretariat and the
Registrar’s Office of the Constitutional Court,
the management of the Secretariat General
and the Registrar’s Office of the Constitutional
Court, the arrangement of the HR management
system of the Secretariat General and the
Registrar’s Office of the Constitutional Court
of the Republic of Indonesia, the strengthening
of organizational units, legislation drafting,
internal controls, performance accountability
strengthening, improvement of the quality of
public services, and monitoring, evaluation
and reporting.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 139/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011114
MAINTAINING THE INTEGRITY
OF THE CONSTITUTIONAL COURT
Meanwhile, the essence of bureaucratic
reform related to the service to justice-
seeking community has been implemented
by the Constitutional Court. Some essential
aspects of bureaucratic reform which have
been implemented are, among other things:
formulation and enforcement of the Code of
Conduct of Employees of the Constitutional
Court; online case management system;
e-archive system; delivery of decisionimmediately after the plenary session for
decision pronouncement; display of decision
on the screen during the plenary session
for decision pronouncement; publication of
decision in the website of the Constitutional
Court 15 minutes after the decision
is pronounced; publication of decision
in the print media one day after the
plenary session for decision pronouncement;
preparation of hearing minutes; publication
of the hearing minutes in the website ofthe Constitutional Court 24 hours after the
hearing; preparation and implementation of
the Standard Operating Procedure (SOP); as
well as procurement of goods and services
electronically (e-procurement).
Furthermore, to stabilize the essence of
bureaucratic reform as referred to above, the
Secretariat General and the Registrar’s Office
of the Constitutional Court will implement
the seven packages of bureaucratic reformactivities, namely: Strategic Clarification and
Accountability Mapping; Job Analysis and Key
Performance Indicator; Job Evaluation and
Job Grading; Remuneration Management;
Competency Model; Career Management;
as well as Manning (Workload) Analysis.
The scope of preparation of bureaucratic
reform documents within the purview of
the Secretariat General and the Registrar’s
Office of the Constitutional Court covers
the followings.
Analysis of Posi on & Key Performance Indicators (1)
Inventory of o cedata
• Delivering ques onnaires toposi on holders
• Providing guidelines oncomple ng ques onnaires
• C onduct ing analy sis ofques onnaires obtained fromposi on holders.
• Valida ng ques onnaires toposi on holders by extrac nginformation to positionholders/personnel
1. Recapitulation of structuralpositions and non-structuralposi ons
2. Descr ip t ion of pos i t ioncontaining the followinginforma on:a. Posi on Iden ty;b. Posi on Status;c. Main Du es and Func ons
of the Posi on;d. Details of du ese. Work Rela onshipf. Posi on Responsibili es;g. Work Environment;h. Posi on and Competence
Requirements
Table 12
Scope of Preparation of Bureaucratic Reform Documents Within the Purview of theSecretariat General and the Registrar’s Office of the Constitutional
No ItemReference/Descrip on of
Ac vityFrequency
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 140/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 115
Evalua on of Posi ons and Classes of Posi ons (2)
Preparing Evalua onof Posi on
Evaluating the description ofposition using the factors/v a r i a b l e s o f a u t h o r i t y ,responsibility, scope of duty, jobrisk and job characteris cs
Documents of evaluation ofmanagerial and non-managerial
j obs (S t ruc tu ra l a nd Non-Structural)
Preparing the Rankand Weight/score ofposi on
Preparing (quantitative) valueof each posi on based on eachfactor, so that each posi on hasa di erent weight varia on.
Documents of ranks of posi onweight/score in managerial andnon-managerial jobs (Structuraland Non-Structural)
Competence Model (3)
P r e p a r i n g t h ecompetence modelf o r p o s i t i o n s /personnel
P r e p a r i n g t h e p r o f i l e /requirements for each posi onfrom all aspects and positioncharacteris cs.
1. D o c u m e n t o f p o s i t i o nrequirement mapping
2. Document of personnelcompetence mapping
Workload Analysis (4)
P r e p a r i n g t h eworkload analysis
• Conducting measurementof workload based on theresults of posi on analysis
• Collec ng data/documents ofwork performance
• Conducti ng interviews ofposi on holders/personnel inrela on to work performancea n d v o l u m e t h e y a r eresponsible for
• Validating the results ofin terviews in order todetermine the needs ofpersonnel in each posi onand standardiza on of workfor positions and workingunits
1. Document of the Needs of eachposi on and working unit.
2. Document of Standardiza onof the works of Posi ons andworking unit
Management of Performance Assessment System and Remunera on Management (5)
P r e p a r i n g t h ep e r f o r m a n c eassessment system
• Conducti ng an in-depthiden ca on of the exis ngprocedures for repor ng andperformance assessment
• Determining cri cal factorsof performance assessmentfor achieving measurementobjec vity.
• Determining the assessment
and evaluat ion of theperformance of personnel,units and organiza ons
D o c u m e n t o f s y s t e m o fp e r f o r m a n c e a s s e s s m e n t /evaluation of personnel andworking units
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 141/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011116
MAINTAINING THE INTEGRITY
OF THE CONSTITUTIONAL COURT
Career Management (6)
Preparing the careerpattern of positionholders/personnel
Analyzing the characteris cs ofexisting positions by viewingthe basis for posi on analysis,posi on evalua on and posi onrank.
Document of personnel careerpa t t e rn sys t em in fo rmingpersonnel’s career path both inthe structural career domain andfunc onal career domain whichare speci c and special ver cally,diagonally or horizontally.
As a judiciary institution prioritizing the
principles of professionalism, integrity as
well as competence, the Constitutional Court
attempts to develop Human Resources (HR).
HR constitutes one of the key factors of
successful materialization of vision and
mission of the Constitutional Court and
becomes an important part in assisting the
Constitutional Court in performing its functions
and authority.
The principle of professionalism applied by the
Constitutional Court bears an understanding
that all the works are performed and
completed by HR having appropriate capability
and expertise for obtaining maximum results.
The Constitutional Court always materializes
professional HR based on competence and
with high integrity. Various policy strategies
for improving HR have been applied by the
Constitutional Court, among other things
through the preparation of the analysis
of HR requirements, personnel recruitment
in accordance with the needs of the
organization with fair, honest and transparent
mechanism supplemented with and based on
a comprehensive position analysis as well as
enforcement of personnel code of conduct.
In line with the vision and mission for
creating the Constitutional Court as a credible
branch of judicial power and for developing
Indonesian constitutionality and a culture of
constitutional awareness, the Constitutional
Court has applied more focused efforts in
preparing and developing professional and
reliable HR on a consistent and continuous
basis. For providing reliable and professional
services, skilled personnel are needed. The
Secretariat General and the Registrar’s Office
of the Constitutional Court always attempts
to improve the professionalism of all existing
HR. Preparation of skilled personnel is very
useful and proportionate to the efforts for
supporting professionalism of an institution.
In 2011, personnel recruitment has been
conducted in accordance with the needs of
the organization. Meanwhile, HR development
has been made among other things through
the improvement of personnel’s education
level trough education and training as well
as through the Career Path program. Such
programs constitute the long-term programs
of the Secretariat General and the Registrar’s
Office of the Constitutional Court for creating
excellent, reliable and professional human
resources.
Professionalism, Integrity and Competence of Human Resources (HR)
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 142/273
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 143/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011118
MAINTAINING THE INTEGRITY
OF THE CONSTITUTIONAL COURT
Education and Training on the Procedural
Law of the Constitutional Court, Education
and Training on Supervision Management,
Education and Training on Procurement of
Goods and Services, English Education and
Training, Application Management Education
and Training and Performance Improvement
Education and Training.
Meanwhile, the scope of education andtraining attended covers the fields of trainings
of English, financial management consolidation,
data processing and archive, supervision
management up to information technology
system. Data processing and archive for state
institutions as well as other institutions are
so important because archive constitutes a
record and data which can describe the
roles and history serving the function of
identifying the progress or setback in the
development of an institution. The Participation
Education and Training in 2011 has been
conducted with resource persons from various
institutions, namely among other things,
BPKP, BKN, ANRI, State Secretariat, LIPI,
National Library, KPK, BPS, LAN, Ministry
of Transportation and Ministry of Defense.
Education and Trainings conducted include the
Education and Training of Auditors, Education
and Training on Technical Control, Education
and Training on Personnel Affairs, Education
and Training on Archive, Research Education
and Training, Library Education and Training,
TOT Agent of Change Education and Training,
ICT Education and Training, PIM Education
and Training, as well as Pre-Service Education
and Training.
In addition, the Constitutional Court has also
organized the career path. Career path is one
of the efforts to increase the knowledge and
professionalism of the personnel within the
purview of the Secretariat General and the
Registrar’s Office of the Constitutional Court.
This program has been conducted since the
establishment of the Constitutional Court to
the present. Career path is conducted by
sending the personnel to attend advanced
education, both S2 and S3, and diploma
program, within the country or overseas. The
fields of career path are, among others,
state administrative law, public administration
and policies, communication management and
personnel affairs studies.
Table 13
2011 Self-Management Education and Training
1 Educa on and Training for the Registrar’s O ce 50 APP2 Educa on and Training on the Procedural Law of the
Cons tu onal Court100 APP and Researchers
3 Educa on and Training on Supervision Management 200 All working units
4 Educa on and Training on Procurement of Goodsand Services
100 All working units
5 English Educa on and Training 70 All personnel and jus cesof the Cons tu onal Court
6 Educa on and Training on Applica on Management 45 All working units
7 Educa on and Training on Performance Increase 254 All personnel and jus cesof the Cons tu onal Court
No Type of Educa on and TrainingNumber ofPar cipants
Working Unit
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 144/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 119
Improvement of Personnel’sWelfare
The strength and potentials of the personnel
must be in synergy with each other
optimally so that the welfare aspect is
required. Improved welfare of the personnel
will increasingly strengthen the synergy to
encourage the implementation of common
duties. The business form of cooperativeis considered in line with the mission of
improving personnel’s welfare. As referred
to in Law Number 25 Year 1992 regarding
Cooperatives, a cooperative serves the function
of and role of developing the potentials
and capability of its members in particular
and the community in general. Its goal is
not merely the improvement of economic
welfare, but also social welfare. Through a
cooperative managed together, the personnel
will also share the responsibility for their
common welfare.
The Cooperative Unit of the Constitutional
Court was established on April 29, 2008.
Up to 2011, the cooperative unit has run
properly in conducting its business. So far, a
number of lines of business in the framework
of increasing the personnel’s welfare have
run, namely among other things:
a. Bookstore and Souvenirs This business unit serves the needs of
personnel and visitors of the Constitutional
Court for the newest books on law and
state administration. The number of stocks
and variations continue to be increased
plus the maintenance of relationship with
publishers.
b. Publication
Improvements continue to be made in
publishing law books. In addition, the
relationship with other publishers is always
improved especially in terms of financing
and marketing of books.
c. Cafeteria
Six counters have been opened, providing
various kinds of menu from many regions,
located on basement I.
d. Coffee Shop
In addition to a canteen, the cooperative
has also opened 1 coffee shop serving
various kinds of beverages, warm and
cold, as well as snacks, located on
ground floor in front of the lobby.
e. Department Store
This business provides various types of
basic needs, using a selling system like
in mini markets in general, located at
the main lobby.
f. Travel Bureau
The Cooperative of the Constitutional
Court also serves the booking of airplane
tickets and hotel accommodation.
g. Banking Services
The establishment of BRI Treasury Office
in the complex of the Constitutional Court
Building has facilitated personnel’s access
to banking services.
h. Supply of Newspapers and Magazines
Procurement of newspapers and magazines
since 2008 for Constitutional Court
Justices and officials of the Secretariat
General and Registrar’s Office of the
Constitutional Court has been handled
by the cooperative.
In order to increase the welfare of the
personnel through the Constitutional Court’s
Cooperative (Koperasi Konstitusi), in 2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 145/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011120
MAINTAINING THE INTEGRITY
OF THE CONSTITUTIONAL COURT
BMN (Barang Milik Negara or State-Owned
Property) has been utilized in the form of
building or structure rent namely the Multi
Purpose Building, Center for Education and
Training Room and Center for Education
and Training Boarding House located at the
official housing of the Constitutional Court
in Bekasi.
In addition, in the daily implementation
of their duties, the personnel get health
services. In the policlinic of the Constitutional
Court, an ambulance has been provided for
emergency situations. Within the environment
of Constitutional Court Building, a mailing
room facility is also available, providing
delivery and receipt services for letters or
documents Postal services.
Table 14Participation Education and Training Year 2011
No Type of Educa on and TrainingNumber ofPar cipants
Organizer
1 Audi to r s ’ Educa t ion andTraining
1 BPKP
2 Education and Training onTechnical Control
2 BPKP
3 Education and Training onPersonnel A airs
2 BKN
4 Education and Training onArchive
5 ANRI and State Secretariat
5 R e s e a r c h E d u c a t i o n a n dTraining
5 LIPI
6 Library Educa on and Training 4 Na onal Library7 Educa on and Training of TOT
Agent of Change16 KPK
8 ICT Educa on and Training 5 BPS and State Secretariat9 Educa on and Training of PIM
II, III, IV10 LAN RI, Ministry of Transporta on, and
Center for Educa on and Training forSupervisors of BPKP
10 Pre-Service Education andTraining
24 Ministry of Defense of the Republic ofIndonesia
Administration Strengthening
Public trust to the Constitutional Court is
reflected, among other things, in the letters
delivered in relation to the petition as well
as legal protection, response to the 1945
Constitution, research applications, expression
of gratitude and statements. Such documents,
for the last eight years, have indicated a
great spirit with respect to issues of law
and the constitution, particularly the role of
the Constitutional Court as the guardian of
the constitution.
The Constitutional Court has maintained
correspondence with the community and
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 146/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 121
other institutions. The Secretariat General
and Registrar’s Office of the Constitutional
Court have endeavored to respond to such
documents as the form of service to the
community and other institutions. To the
extent it is related to petitions, the incoming
documents are submitted to the administration
bureau for case hearing. Such scripts and
documents are not only arranged according
to administrative order but they are alsodigitized.
As a form of accountability to the next
generation, archives of cases are arranged
in such a way to be submitted to the
National Archive of the Republic of Indonesia
(ANRI) according to the mandate of Law No.
7 Year 1971 regarding Archives. In 2011,
the Constitutional Court has delivered case
archives to the National Archive of the
Republic of Indonesia for 6 times with the
quantity of archives delivered being 1,462
boxes of textual archives, 1,032 tapes of
voice record archives, 311 CDs of voice
record archives, 27 CDs of video archives
and 192 archives of media transfer. The
delivery of archives is as follows.
Based on the results of performanceassessment in archive management especially
the commitment of the Constitutional
Court for saving archives as the national
accountability materials, on November 15,
2011, the Constitutional Court received an
award as the Model Archive Unit I Year
2011 at the Ministry/Central Institution Level
from the National Archive of the Republic
of Indonesia.
No.Date ofDelivery
Types ofArchive
Year
Quan ty
Text Recording Video Digital
1 January 17,2006
Case Files 2003 - 2005 138 boxes(76 cases)
539 tapes
2. September 6,2006
2003 - 2006 39 boxes(27 cases)
122 tapes,11 CDs
3. July 4, 2008 2006 - 2007 44 boxes(44 case)
371 tapes,61 CDs
44 CDs
4. December 1,2009
2009 642 boxes(67 cases)
174 CDs 67 CDs
5. July 7, 2010 2007 - 2009 257 boxes(81 cases)
65 CDs 27 CDs 81 CDs
6. July 15, 2011 2010 342 boxes
Total 1,462 boxes1032tapes, 311CDs
27 CDs 192 CDs
Table 15The Submission of the Constitutional Court’s Case Files to ANRI during the period of
2003-2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 147/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011122
MAINTAINING THE INTEGRITY
OF THE CONSTITUTIONAL COURT
1. Procurement of Land Area forDevelopment of the Center forEducation and Training
For disseminating information on the duties
and authority of the Constitutional Court
to the general public, the support for the
implementation of duties and authority of the
Constitutional Court so far is not separatedfrom the support of resources and funds
which become the motor of all activities
at the Constitutional Court. One of the
resources which become an important part
in the development of the institution of the
Constitutional Court is human resources in the
Constitutional Court. It must be recognized
that human resources become the main
capital in organizational development. The
progress and setback of an organization is
inseparable from, among other things, humanresources within the institution.
With such thought as the background, the
Constitutional Court deems it necessary to
develop and improve the human resources
in terms of not only the quantity but also
from the aspect of quality (capability). The
process of planning up to development of
human resources in the Constitutional Court
constitutes an inseparable process which has
been conducted by the apparatuses of theConstitutional Court. The efforts of human
resource development have been made in
sustainable manner along with the increase in
the quality of apparatuses through education
and training. However, such education and
training activities so far have been faced with
various obstacles, one of which being the
support of facilities and infrastructure in such
activities. It must be acknowledged that the
Constitutional Court has not owned adequate
building and boarding house for the center of
Head of the NationalArchive of the Republic
of Indonesia presentsan award to the
Constitutional Court asthe Model Archive Unit
I Year 2011 for Ministry/Central Institution Level,
personally received bythe Secretary General
of the Constitutional
Court, Janedjri M. Gaffaron (15/11) in Bumikarsa
Bidakara Hotel
Public Relations of theConstitutional Court/Ganie
Improvement of Facilities and Infrastructure
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 148/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 123
education and training so that all the activities
of education and training of the Constitutional
Court cannot be optimally conducted yet. For
the purpose of materializing and developing
human resources as the support for the
implementation of duties and authority of the
Constitutional Court along with the efforts to
give support to constitutional court justices,
the Constitutional Court plans to develop
the Building of the Center for Pancasila andConstitution Education located at Jalan Raya
Puncak Bogor, RT.003/RW13, Tugu Selatan
Sub-District, Cisarua District, Bogor Regency,
West Java on a land area of 14,282 M2.
The Building of the Center for Pancasila
and Constitution Education is badly needed
not only for developing and increasing the
quality of HR of the Constitutional Court
through education and training activities,
both those related to job competence inthe Constitutional Court and to disseminate
information on the duties and authority of the
Constitutional Court to the Community. The
provision of the Building of the Center for
Pancasila and Constitution Education becomes
an agenda which has been planned by the
Secretariat General and the Registrar’s Office
of the Constitutional Court in supporting the
Constitutional Court in keeping and organizing
the life as a nation and a state based on
the 1945 Constitution.
In relation to that, the efforts of constitutional
court justices to materialize one vision of
the Constitutional Court to develop Indonesian
constitutionality and disseminating a culture
of constitutional awareness. In Budget Year
2011, the Constitutional Court has provided
excellent services to constitutional court
justices and the community, namely preparing
and providing facilities and infrastructure in
the form of land area on which the Building
of the Center for Pancasila and Constitution
Education is to be built.
The land needed for the development of
the Building of the Center for Pancasila and
Constitution Education is located at Jalan
Raya Puncak Bogor Neighborhood Ward 003/
Neighborhood Block 13, Tugu Selatan Sub-
District, Cisarua District, Bogor Regency, West
Java covering an area of 14,282 M2 withall other supporting facilities, such as: sports
facilities, meeting building, garden, pedestrian
walkway, and so on. The location of the
land has been selected based on prioritized
consideration of clean air, cool air, freedom
from noise and travel distance which is not
too far so that it is ideal to build a Center
for Pancasila and Constitution on it.
2. P r o c u r e m e n t o f O f f i c eEquipment
For the purpose of giving administrative support
and excellent services to the constitutional
court justices, the officials, personnel within
the purview of the Constitutional Court as well
as to the general public, for the uninterrupted
implementation of the duties and functions
of the Constitutional Court in the continuity
of routine works in 2011, the Constitutional
Court has proposed the plan for BMN write-
off obtained in Year 2003-25 in the form ofcomputers, laptops, desks-chairs and other
equipment in severely damaged condition.
To replace BMN which will be written-off, in
2011, office equipment tenders have been
conducted, in the form of:
a. Tender for the procurement of computers/
PC, notebooks and other office
equipment.
b. Tender for the procurement of furniture
(desks, chairs, roll opack, etc.)
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 149/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011124
MAINTAINING THE INTEGRITY
OF THE CONSTITUTIONAL COURT
3. Development of Area Hydrant
Development of official housing of the
Constitutional Court where several state
buildings, such as: inventory storehouse,
education and training building, multipurpose
building, education and training boarding house,
sports and religious worship infrastructure
would be built was completed in 2008. For
the purpose of optimizing and improvingthe function of newly-installed hydrants, one
point at the state buildings, in Budget Year
2001, a tender has been conducted for the
installation of area hydrant for improving
the existing hydrants to become 16 points
of hydrants.
4. Maintenance of Official Housesand Improvement of the Structureof the Fuel Tank for Power
GeneratorDevelopment of official houses of the
Constitutional Court on which there are
several state buildings such as, among
other things: inventory storehouse, education
and training building, multipurpose building,
education and training boarding house,
sports and religious worship infrastructure
would be built was completed in 2008. To
anticipate more severe damage to the official
houses which have not been lived in by the
personnel and other buildings due to age,
then in 2011, a tender has been conducted
for the maintenance of official houses and
repair of the structure of the fuel tank for
power generator of the Constitutional Court’s
buildings which was leaking.
5. Procurement of Driver’s Service
Comfortable and safe transportation facilities
are required for constitutional court justices to
organize hearing according to the determined
time schedule. In addition, transportation is
also required for delivering letters, hearing
summons, and delivery of hearing documents
to all the relevant parties in a case.
Transportation is also required for the
operation of the office and chairperson
of the Constitutional Court in conducting
various office activities other than hearings.
The availability of transportation facilities inthe form of cars must be supported by
the availability of drivers, both those for
constitutional court justices and drivers for
office operations so that all office activities
of the Constitutional Court can be quickly
organized.
Procurement of driver’s service began in
2008 until now through the public tender
process. Procurement of driver’s service to
operate transportation facilities that theConstitutional Court has possessed namely the
procurement of drivers is required to support
the office operations and constitutional court
justices requiring such transportation facilities.
Required drivers are those with the skill of
driving comfortably and safely being properly
managed to provide excellent services for
constitutional court justices and optimally
fulfilling the transportation needs.
6. P r o c u r e m e n t o f B u i l d i n gManagement Services
Building maintenance is integral to the
development of the building itself. Being
aware of it, the Secretariat General and the
Registrar’s Office of the Constitutional Court
has provided building management services
in the Constitutional Court Building at Jalan
Medan Merdeka Barat No. 6, official houses
of justices and complex of the multipurpose
building, education and training building,
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 150/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 125
Table 16
Activities for the Administration of State-Owned Assets of the Constitutional Court 2011
education and training boarding house,
as well as inventory storehouse at Jalan
Kartini, Bekasi, through a tender process.
The management of the Constitutional Court
Building and complex of state housing in
Bekasi covers housekeeping such as cleaning
service, sanitation and health, pest control,
and garbage management; safeguarding
and order management; management and
maintenance of M/E utilities; civil works; andmanagement services.
The Service for the management of the
Building of the Constitutional Court of the
Republic of Indonesia has been implemented
as from October 2007, and in Budget
Year 2011 a tender process would be
conducted.
7. Administration of State-OwnedAssets
Law No. 1 Year 2004 regarding State
Treasury and Government Regulation No. 6
Year 2006 have mandated the importance of
administration of State-Owned Property (BMN).
To perform such mandate, the Constitutional
Court has conducted a tender for the work
of Asset Tracking for BMN for developingthe SIMAK-BMN application and conducting
a series of activities of BMN administration
within the purview of the Constitutional Court
using the barcode system, so as to facilitate
the checking of BMN transfers. Activities
which have been conducted in 2011 are
as follows:
No. Ac vi es
1. Collec on of data and stock opname involving all working units within the purview ofthe Cons tu onal Court
2. Management of data in the applica on of State-Owned Property Accoun ng System/SABMN, consis ng of:a. Collec on of documents of source data from contracts, SPK, SPM, SP2D.b. Transla on of the data of assets in source documents into the language of the SABMN
applica on by involving all working units under the supervision of the personnel ofthe Directorate General of BMN Development of the Ministry of Finance, conductedfor contracts for exis ng goods.
c. Input/data entry into the SABMN implemented for exis ng contracts/goods.3. Assessment of the assets as the addi onal duty for organizing BMN of the Ministry of
Finance in the Cons tu onal Court.
4. Comple ng the administra on of proposal for lost/severely damaged goods for thepurpose of BMN write-o lost from the inventory books.
5. Prin ng and re-labeling of all assets or goods
6. Making and placement of DIR
7. Re-classi ca on has been conducted for assets/BMN/buildings at the o cial housingof the Cons tu onal Court of the Republic of Indonesia in Bekasi
8. The SIMAK BMN applica on has been applied for inventory goods (sta onery, publica onmaterials, medicine) in the report of semester I Budget Year 2011.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 151/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011126
DEVELOPING THESYNERGY OF THECONSTITUTIONALCOURT, RESEARCH,AND PANCASILAEDUCATION
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 152/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 127
DEVELOPING THE SYNERGY OF THECONSTITUTIONAL COURT, RESEARCH, AND
PANCASILA EDUCATION
As the executor of judicial power which
has been making continuous efforts to
maintain independency and transparency
in enforcing law and justice, the Constitutional
Court needs the support from various parties,
either from national institutions, components
of the public or universities, by establishing
cooperation in many areas. The cooperationis aimed at creating a good relationship,
providing mutual support, information, inputs
as well as advice to discuss various issues
of the nation and the state. In addition, the
parties cooperating with the Constitutional Court
are expected to become agents of change,
to participate in disseminating information
concerning the role and existence of the
Constitutional Court, as well as to participate
in taking responsibility for developing the
culture of constitutional awareness amongall circles.
Memorandum of Understanding
Throughout 2011, the Constitutional Court has
established cooperation with the Corruption
Eradication Commission (KPK), the Audit
Board (BPK), the National Archives of the
Republic of Indonesia (ANRI), PT. Industri
Telekomunikasi Indonesia (INTI), the People’sConsultative Assembly (MPR), the People’s
Legislative Assembly (DPR), the Ministry of
Foreign Affairs, the Ministry of Education and
Culture, the Ministry of Religious Affairs, the
Air Force (AU), the Army (AD), the Navy (AL),
Fatayat Nahdlatul Ulama, the Cipayung Group,
the Students’ Executive Board of University
of Indonesia, Leimena Institute, the General
Election Supervisory Board (Bawaslu), Muslimat
Nahdlatul Ulama, Puan Amal Hayati, the Women
of Serikat Islam, the Muhammadiyah Youth,Hanns Siedel Foundation (HSF) of Indonesia,
The Synergy of the Constitutional CourtChief Justice of theConstitutional CourtMahfud MD andChairman of the AuditBoard Hadi Poernomoaccompanied by theSecretary Generalof the ConstitutionalCourt Janedjri M.Gaffar and Memberof the Audit BoardHasan Bisri enteredthe password asthe sign of thelaunching of e-audit,as the result of thecooperation betweenthe ConstitutionalCourt and the AuditBoard, on Wednesday(24/8) at the hall onthe ground oor of theConstitutional CourtBuilding.
Public Relations of theConstitutional Court/Ganie
Strengthening Domestic Cooperation
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 153/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011128
Gadjah Mada University (UGM) of Yogyakarta,
North Sumatera University (USU) of Medan.
In the field of law, the Constitutional Court
has established cooperation with the Corruption
Eradication Commission in order to establish
a Gratuity Control Unit aimed at creating a
controlled environment which is free from
Corruption, Collusion and Nepotism (KKN)
practices. In addition, the Constitutional Court
has also established cooperation with the AuditBoard in relation to the responsibility of the
management in controlling fraudulent practices,
which are inherent in every process, namely
among other things: planning, organization as
well as program operation.
In the field of administration, the Constitutional
Court has signed a memorandum of
understanding with the National Archives of
the Republic of Indonesia (ANRI) concerning
the management of document salvage &preservation. The Constitutional Court and
the National Archives of the Republic of
Indonesia utilize the resources and facilities
of the Constitutional Court and the National
Archives of the Republic of Indonesia. This
cooperation is intended to be a form
of accountability for the management of
documents and archives as well as hearing
files of the Constitutional Court to the state
and the public. Meanwhile, in the field of
Information Technology, the Constitutional Court
has established cooperation with PT. IndonesiaTelecommunications Industry (INTI) in relation
to the e-Perisalah (court recording) aimed at
conducting review and development as well
as implementation of information technology
facilities and infrastructure at the Constitutional
Court. This cooperation is also aimed at
improving legal services to the public through
the implementation of hearing sessions of the
Constitutional Court.
In the field of constitutional awarenesseducation, the Constitutional Court has
The ConstitutionalCourt signed
memorandum ofunderstanding with
the National Archivesof the Republic of
Indonesia on themanagement of salvage& preservation of state
archives/documentsand the memorandum
of understanding
on e-Perisalah withPT. INTI as well as
the launching ofe-procurement service
on Thursday (13/1)at the hall on the
ground oor of theConstitutional Court
Building
Public Relations of theConstitutional Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 154/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 129
DEVELOPING THE SYNERGY OF THECONSTITUTIONAL COURT, RESEARCH, AND
PANCASILA EDUCATION
established cooperation with the People’s
Consultative Assembly. This cooperation is
intended to increase the understanding of
the constitution among state administration
apparatuses and the public, as well as to
develop the culture of constitutional awareness
among state administration apparatus and
the public. The Constitutional Court has also
established cooperation with the Ministry of
Education and Culture and the Ministry ofReligious Affairs concerning the implementation
of the Constitution Award 2011 for Civics (PKn)
Teachers. The presentation the Constitution
Award for Civics Teachers is basically aimed
at promoting the enthusiasm and motivation
of Civics teachers in performing their tasks of
developing the intellectual life of the nation,
promoting the development of the culture of
constitutional awareness among Civics teachers
and students, particularly at schools and among
the people at large.
Furthermore, the Constitutional Court has
established cooperation with the national
police of the Republic of Indonesia, the
Air Force, the Army, the Navy, Fatayat NU,
the Cipayung Group, the Students’ Executive
Board of University of Indonesia, the Ministry
of Religious Affairs, the Ministry of National
Education, Leimena Institute, the General
Election Supervisory Board, Muslimat NU, Puan
Amal Hayati, the Women of Serikat Islam,and the Muhammadiyah Youth concerning the
implementation of Pancasila Education, the
Constitution, and the Constitutional Court’s
Procedural Law. The cooperation is performed
through talk shows, seminars, workshops,
etc. This cooperation is intended for the
Constitutional Court and those institutions
to be mutually supportive and to play roles
in the efforts of disseminating information
about the constitutional awareness education,
to be understood by all segments of the
community. In addition, the Constitutional
Court has also established cooperation with
universities. The Constitutional Court has
established cooperation with Gadjah Mada
University (UGM) of Yogyakarta as set out
in a memorandum of understanding (MoU)
in the effort of developing enculturation of
Pancasila as the ideology of the state and
the constitution as the constitutional foundation
of the state through education and training.One of the implementation activities was the
implementation of the National Symposium 2011
“the Implementation of the Values of Pancasila
in the Enforcement of the Constitutionality of
Indonesia” that explored strategies and efforts
for repositioning the values of Pancasila
as the orientation of the enculturation of
constitutional life. Furthermore, the Constitutional
Court has established cooperation with North
Sumatra Muhammadiyah University (USU)
of Medan to disseminate information anddevelop a constitutional awareness culture.
The Constitutional Court has also established
cooperation with the Center for Constitutional
Studies (Pusat Kajian Konstitusi), represented by
several state universities throughout Indonesia
in relation to a broadcasting program on
the Constitution on RRI. It also includes
cooperation between the Constitutional Court
and several state universities in Indonesia
related to the implementation of a debate
on the Constitution.
No less important was the cooperation
between the Constitutional Court and the
People’s Legislative Assembly, concerning a
plan for the implementation of the International
Symposium on Constitutional Democratic
State which was held in July 2011, with
the objective of improving Indonesia’s role
in building and developing International
dialogue and cooperation in the application,
reinforcement, and enforcement of democraticand constitutional values at the global level.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 155/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011130
Visits of National Institutions and
Community Organizations to theConstitutional Court
The Constitutional Court is open the greatest
possible extent to visits by all parties,
including national institutions and community
organizations. The visits are intended to ensure
that the visitors can understand the authorities
and obligations of the Constitutional Court, as
well as constitutional democracy awareness, so
that they will be able to put it into practice
in the implementation of daily state life. Atleast, the visits of national institutions and
community organizations to the Constitutional
Court indicate that the Constitutional Court
has been organized as a credible institution,
namely a democratic modern judiciary for
justice seekers (justisiabelen) in accordance
with the mandate of Pancasila and the 1945
Constitution.
Throughout 2011, a number of national
institutions visited the Constitutional Court,for example, the Commissioners of the
Judicial Commission (KY). This meeting was
the manifestation of the strong commitment
of the Constitutional Court and the Judicial
Commission aimed at creating and guarding
the judiciary which is clean and free
from Corruption, Collusion and Nepotism.
Subsequently, the Constitutional Court was
visited by the Members of Commission XI of
the People’s Legislative Assembly. Their visit
was related to the arrangement of the budget
of Bank Indonesia (BI) as provided for in Law
No. 3/2004 concerning Amendment to Law
No. 23/1999 concerning Bank Indonesia (BI
Law). The Constitutional Court also received
a visit of a number of Members of the
Health Committee of the People’s Legislative
Assembly which was aimed at asking for
inputs and advice concerning the Draft Law
on Social Security Implementing Agency (BPJS).
Furthermore, in relation to the plan for the
purchase of Newmont shares, the Constitutional
Court received the visit of the Minister of
Finance, Agus Martowardojo, who revealed the
chronology of the plan for the purchase ofNewmont shares.
After the meeting ofthe Constitutional
Court (MK) and theJudicial Commission
(KY), on Monday(10/1), Justice of theConstitutional Court
Ahmad Fadlil Sumadiwas seen shakinghands with one of
the members of theJudicial Commission.
Public Relations of theConstitutional Court
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 156/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 131
DEVELOPING THE SYNERGY OF THECONSTITUTIONAL COURT, RESEARCH, AND
PANCASILA EDUCATION
In addition, external parties also came
to conduct comparative studies at the
Constitutional Court, including among others,
the visit of the Delegation of the Regional
People’s Legislative Assembly of West Java
aimed at conducting a comparative study
related to the implementation of e-perisalah
in the Constitutional Court (MK). In addition,
the Excellent Service Team of the National
Commission on Human Rights (Tim PelayananPrima Komnas HAM) conducted a comparative
study on the Constitutional Court (MK), including
a discussion concerning judicial administration
scheme in the Constitutional Court. Another
visit was paid by the Delegation of the
Ministry of Finance (Kemkeu) of the Republic
of Indonesia for conducting a comparative
study on information technology (IT) at the
Constitutional Court. Last but not least, a
Delegation of the National Commission on
Women visited the Constitutional Court (MK)to conduct a comparative study on the
management of hearing sessions taking place
in the Constitutional Court.
There were also visits intended merely
to directly see the performance of the
Constitutional Court, such as libraries, archives,
technologies, etc, including, the visit of librarians
of the Audit Board from various regions to
learn about various things related to the
management of the Constitutional Court’s library.
The participants of the Education and Training
for candidates of Expert Level Librarians of
the National Library also visited the libraryof the Constitutional Court. In addition, the
Constitutional Court received the visit of the
participants of the education and training for
the leadership of regional archive institutions,
which was organized by the National Archives
of the Republic of Indonesia. The participants
of the education and training received training
materials about the Constitutional Court
and how to file a petition for a case to
the Constitutional Court. Subsequently, the
Constitutional Court received a visit from thecabinet secretariat of the Republic of Indonesia
(Setkab RI) which was represented by the
Deputy Assistant of the Public Relations and
Chief Justice ofthe ConstitutionalCourt Mahfud MD,Vice Chief Justiceof the ConstitutionalCourt Ahmad Sodiki,along with four other
constitutional court justices, Ahmad FadlilSumadi, MuhammadAlim, Maria FaridaIndrati and HamdanZoelva, receivedsome members ofCommission XI of thePeople’s LegislativeAssembly whoconsulted to theConstitutional Courton Friday (11/2) atthe Delegation Roomof the ConstitutionalCourt.
Public Relations of theConstitutional Court
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 157/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011132
Institutional Affairs of the Cabinet Secretariat
of the Republic of Indonesia in order to
learn about various technologies used by the
Constitution Court, especially the e-perisalah
system (court recording system). In another
visit, the Constitutional Court received the group
of participants of the Education and Training
for Candidates for Integrated Justices of the
General Jurisdiction Courts, Religious Courts
and State Administration Courts. The purposeand objective of their visit were to learn about
all information and knowledge concerning the
Constitutional Court’s institution.
The Constitutional Court also received visits
by a number of community organizations,
namely the visit of members of the Inter-faith
Dialogue Society (Madia) - an institution that
has a major concern in the field of inter-
faith dialogue. The visit was aimed to follow
up the previous meetings, the administrativeproblems related to the adherents of faith in
Indonesia. In addition, the Constitutional Court
received a visit by the Executive Board of the
Muslim Students’ Association (PB HMI) which
discussed the possibility of cooperation in
providing awareness of constitutional rights to
the public. Furthermore, the visit of Volunteers
for Change activists was aimed at requesting
the Chief Justice of the Constitutional Court
to give an enlightenment and clear description
related to the current development of the world
of law in Indonesia. Next, the Chairman of
the Board of Trustees of the National Social
Network Community of Indonesia visited the
Constitutional Court to report various activities
that they had conducted, including to convey
a number of weaknesses in Law No. 40/2004
concerning National Social Security System
(SJSN). In addition, the Constitutional Court
received visit by the Central Administrators
of the Family of the Students and Alumni
of the Supersemar Scholarship Winners (PP
KMAPBS) who planned to establish cooperation
with the Constitutional Court, one of them
being through the Talk Show program with
the Constitutional Court.
Visits by the InternationalInstitutions
In addition to building cooperation with national
institutions and community organizations, theConstitutional Court has also been widely open
to other world institutions that wanted to visit
and to know better about the Constitutional
Court. Visits of international institutions have,
in fact, diverse benefits and objectives, as a
forum to exchange ideas, to share information
and experiences concerning their respective
institutions.
In 2011, the Constitutional Court received the
visit by the Ambassador of the United States,Scot Alan Marlein. During the meeting, the Chief
Justice of the Constitutional Court explained
that the Constitutional Court is parallel to
the Supreme Court in order to guarantee the
enforcement of law and democracy as the
impact of the 1998 Reform in Indonesia. In
addition, the Head of the Judicial Relations
Committee of the United States Oscar Lane
visited the Constitutional Court to discuss the
development of law and independence of the
judicial institution.
Subsequently, the Australian Ambassador
Greg Moriarty conducted a courtesy call to
the Constitutional Court, who was received
personally by the Chief Justice of the
Constitutional Court Mahfud MD, that discussed
the cooperation in the development of law
in Indonesia. Also, the Chief Justice of the
Constitutional Court Mahfud MD accompanied
by the Vice Chief Justice of the Constitutional
Court Ahmad Sodiki received a visit by Kurt
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 158/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 133
DEVELOPING THE SYNERGY OF THECONSTITUTIONAL COURT, RESEARCH, AND
PANCASILA EDUCATION
The Secretary Generalof the ConstitutionalCourt Janedjri M.Gaffar accompaniedby Registrar KasianurSidauruk and Headof Public Relations& Protocol NoorSidhartha received avisit of the Head ofthe Judicial Relations
Committee of theUnited States OscarLane and his group inorder to discuss thedevelopment of lawand independence ofthe judicial institution,on Monday (21/3),at the ConstitutionalCourt Building.
Public Relations of theConstitutional Court
Carroll and Kelly Buchanan from the Law Library
of Congress Washington DC, United States
(U.S.). Kurt and Kelly visited the Constitutional
Court accompanied by Field Director of the
Library of Congress of the U.S. Embassy in
Jakarta, William Tuchrello. All the three visited
the Constitutional Court with the intention to
know the collection and the performance of
administration system of the Constitutional
Court’s Library.
The Constitutional Court was also visited by
international institutions of Asian and African
countries. For example, the Delegation of
Afghanistan wanted to learn from Indonesia
in relation to a several matters, especially
the general election issues. The Constitutional
Court also received a visit by members of
the Nigerian National Resilience Institution
who got complete description of the history
of Indonesia’s independence, the history of
Indonesian constitution, including the background
of the establishment of the Constitutional
Court of the Republic of Indonesia. The
subsequent international visit was paid by the
Iranian Ambassador for Indonesia Muhammad
Farazandeh to the Constitutional Court. The
brief visit discussed many things, including the
socio-political developments in Iran.
International Cooperation
The Constitutional Court continues to establish
cooperation to establish its presence in
the eyes of the world, both regionally and
globally. Regional cooperation is cooperation
between the countries in the same region
or area, to create a harmonious relationship,
the cooperation of the Constitutional Court
with countries in a particular region. In 2011,
the Constitutional Court did not conduct
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 159/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011134
any regional cooperation with other nations.
Meanwhile, the Constitutional Court established
global cooperation to strengthen the existence
of the Constitutional Court in the eyes of
other countries, for example conducting a
working visit of the Constitutional Court
Justices to the Constitutional Courts of other
countries, participating in the activities of the
Constitutional Courts of other countries, also
including the implementation of international
level activities of the Constitutional Court in
Indonesia.
In 2011, the Constitutional Court has established
global cooperation when the Chief Justice of
the Constitutional Court Mahfud MD attended
the 2nd Congress of the World Conference
on Constitutional Justice in Brazil. The Chief
Justice of the Constitutional Court of the
Republic Indonesia Mahfud MD also visitedRussia in order to attend the Commemoration
of the Anniversary of the Constitutional Court
of Russia. In addition, the Chief Justice of the
Constitutional Court visited the Constitutional
Court of Azerbaijan and the Constitutional Court
of Kazakhstan, in relation to exploring the
possibilities to establish cooperation between
the two countries.
International Symposium
A democratic state requires the principle of
people’s sovereignty in the pillars of the
state administration. The principle of people’s
sovereignty is generally in the form of the
delegation to the people the making of political
decisions in the state life. In the principle
of people’s sovereignty, the people assume
the important and essential position in the
administration of the state organization. On
Chief Justice of theConstitutional Court
of the Republic ofIndonesia, Moh. Mahfud
MD and ConstitutionalCourt Justice Harjono,
posed together withthe participants of theWorld Conference on
Constitutional Justicein Rio de Janeiro, Brazil
(January 16-18, 2011).
Public Relations of theConstitutional Court
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 160/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 135
DEVELOPING THE SYNERGY OF THECONSTITUTIONAL COURT, RESEARCH, AND
PANCASILA EDUCATION
the other hand, however, the delegation to the
people is then realized to become the weakness
of democracy. Majority vote, of course, is not
always the truth, or even at any given time it
can be a turning point of the suppression of
democracy and human rights as fundamental
principles of democracy itself.
Therefore, to overcome these weaknesses,
democracy must be accompanied by nomocracy,which is the principle of rule of law which
states that the supreme power lies in the law.
In this matter, democracy must be implemented
in accordance with the frame and within the
corridor of law. The frame of law is needed
to ensure that democracy which is performed
actually leads to the agreed objectives and
through democratic ways as well. On the
other hand, in order that the law can be
the reference, basis, and frame for democracy,
then law must be made democratically. Lawshall not be interpreted as a command of
the ruler, but rather as a manifestation of
the will of the people.
In this context, there is a real connection
between the democratic state that emphasizes
the principle of people’s sovereignty and
nomocracy that follows the principle of rule
of law, namely that a democratic state
is essentially a constitutional state. In a
constitutional state, there is an integral system
of law which is culminated in the constitution
as the supreme law of the state. The position
of the constitution as the supreme law is
actually acquired because of the democratic
nature of the constitution itself, namely
that the constitution is an agreement of all
the people. In the constitution, democratic
values reside. Therefore, it can be said that
democracy is the main idea that underlies
the Constitution, and on the other hand, the
constitution is the legitimacy of democracy. The
integration of constitutionalism and democracy
is believed to be able to create an effective
but still limited system of government, namely
constitutional democracy.
In practice, the supremacy of the constitution
in many countries, even in countries which
are known to be democratic states, is not
as easy as it may be said to be or as
smooth as expected. Based on the foregoingdescription, if mapped, the most real challenge
in the practice of constitutional democracy
includes 3 (three) main areas. The first is to
ensure and to strive for judicial power which
has authority in guarding and maintaining
the constitution to be able to play a more
optimal role in strengthening the application
of the principles of constitutional democracy.
The second is to ensure that democratization
is performed in the process of law formation,
not only being intended in order that the lawformation is within the democratic corridor, it
terms of the procedural aspects, but also
in terms of the substantial aspect which is
based on and oriented towards the constitution.
The purpose is for laws and regulations
applied to be legally binding to all people
of the country, not to violate and to be
contradictory the constitution. The third is to
establish order and relationship among state
institutions through the implementation of
checks and balances mechanism to strengthen
the principles of democracy and nomocracy
as well as to guard the achievement of the
goals of democracy and law.
To address these challenges and also
to know, to find the comparison, and to
ensure the development of the practice of
constitutional democracy in various countries,
the Constitutional Court of the Republic of
Indonesia has established cooperation with the
People’s Legislative Assembly of the Republic
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 161/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011136
of Indonesia in organizing the International
Symposium with the theme of “Constitutional
Democratic State”. The background of the
selection of the theme was a desire to
know comprehensively the development of the
practices in various countries in implementing
and strengthening the implementation of
values of democracy and nomocracy in the
respective countries.
The symposium was also organized so that it
may serve as a forum for sharing information,
insights, and knowledge, especially on the
experience and practices in each participating
country. Thus, the results of this symposium are
expected to give positive contributions to the
implementation and strengthening of democratic
values for the enforcement of constitutional
democracy in each participating country. The
symposium which was held on July 10-13 2011at Shangri-La Hotel, Jakarta, was attended by
approximately 200 people, consisting of 100
participants from foreign countries consisting of
the Chief Justices of the Constitutional Courts
or similar institutions, and the Speakers of
Parliaments from 25 countries and 100 people
from within the country. The participants came
from: South Korea, Malaysia, the Philippines,
Mongolia, Thailand, Uzbekistan, Turkey, Russia,
Kazakhstan, Tajikistan, Timor-Leste, Brazil,Mexico, Venezuela, Colombia, Chile, Morocco,
South Africa, Austria, Germany, Hungary, Spain,
Azerbaijan, Ukraine and Indonesia. Subsequently,
domestic participants consisted of the Justices
of the Constitutional Court, Chairpersons of
the People’s Consultative Assembly of the
Republic of Indonesia, the People’s Legislative
Assembly of the Republic of Indonesia, and
the Regional People’s Consultative Assembly
of the Republic of Indonesia, Constitutional
Forums, and academicians/lecturers fromvarious universities in Indonesia.
Secretary Generalof the Constitutional
Court Janedjri M. Gaffarpresented the reporton the InternationalSymposium before
the President SusiloBambang Yudhoyonoand the Chief Justiceof the Constitutional
Court, Moh. Mahfud MDat the State Palace on
Monday (14 / 7).
Public Relations of theConstitutional Court/Ray
Bachtiar
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 162/273
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 163/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011138
consequence of the will to realize a democratic
constitutional state and a democratic state
based on law as specified in the 1945
Constitution. In the context of a democratic
state, the law may be established through
a democratic mechanism while its substance
would be contradictory to democracy, meaning
that it would also be contradictory to the
constitution. The other background of the
establishment the Constitutional Court was theAmendment to the 1945 Constitution which
implied a shift and change in the state’s
power relations from the distribution of power
system into the separation of power system
within the framework of checks and balances
mechanism. The shift in the relations allowed
for conflicts or disputes over the authority
among state institutions.
Other speakers, the Chairperson of the
People’s Consultative Assembly Taufiq Kiemasdescribed constitutional reform as a reform
agenda which is a part of a nation’s effort
in making the arrangement of the concept
of statehood towards the implementation of
a more democratic and constitutional life of
the nation and state. Meanwhile, the Speaker
of the People’s Legislative Assembly Marzuki
Alie expressed the strengthening of democratic
values in the implementation of the three
functions of the People’s Legislative Assembly,
namely to form laws and regulations, to discussthe budget, to carry out the oversight function,
to be conducted by way of opening the space
for public participation. Public involvement is
essential in the process of formulating laws
and regulations, budget discussion process
and the implementation of the oversight
function. Furthermore, the Chairperson of the
Regional Representatives’ Council Irman Gusman
explained that this symposium had strong
relevance to the development of political life
in Indonesia.
Constitutional CourtJustices Anwar Usman
and Hamdan Zoelvawere following a
presentation duringThe International
Symposium onConstitutional
Democratic State inShangrila Hotel Jakarta,
Tuesday (12/7).
Public Relations of theConstitutional Court/Yoga
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 164/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 139
DEVELOPING THE SYNERGY OF THECONSTITUTIONAL COURT, RESEARCH, AND
PANCASILA EDUCATION
After the presentation of such discussions,
symposium participants were grouped into three
panels, namely Panel I, Panel II, and Panel
III. Each panel consisted of three sessions to
discuss a focused and in-depth manner the
three sub-themes that had been determined.
Each country delegation participating in the
symposium conveyed ideas, views, experiences,
and practices in their respective countries
and discussed them in an in-depth manner.The main theme of the symposium, namely
“Constitutional Democratic State” was divided
into three sub-themes, namely the Role of
the Constitutional Court or Similar Institutions
in Strengthening the Principles of Democracy,
Democratization in the Process of Law
Formulation; as well as the Checks and
Balances Mechanism among the Branches of
State Power.
During the first session discussing Role ofthe Constitutional Court or Similar Institutions
in Strengthening the Principles of Democracy,
several key points were discussed, namely
among other things: regulation in the
constitution concerning the authority of the
Constitutional Court or similar institutions,
decisions of the Constitutional Court or
similar institutions (landmark decisions) in
relation to the strengthening of the principles
of democracy, as well as challenges and
obstacles faced in exercising the authority of
the Constitutional Court or similar institutions in
relation to the strengthening of the principles
of democracy. In Session One, Panel I
presented five speakers, namely Justice of the
Federal Constitutional Court of Germany Rudolf
Mellinghoff, Constitutional Court Justice of
Mongolia Dugerjav Munkhgerel, President of the
Constitutional Court of Colombia Juan Carlos
Henoa Perez, Chairman of the Constitutional
Council of the Republic of Kazakhstan Rogov
Igor Ivanovich, and Constitutional Court Justice
of the Republic of Indonesia Maria Farida
Indrati.
Meanwhile, for the Panel II, the speakers
were Constitutional Court Justice of Korea
Min Hyeong-Ki, Constitutional Court Justice of
Lithuania Toma Birmontiene, Constitutional Court
Justice of Chile Christian Suarez Crothers, and
Constitutional Court Justice of Spain Francisco
Perez de Los Cobos and Constitutional CourtJustice of the Republic of Indonesia Anwar
Usman. In Panel III, Five Constitutional Court
Justices from five countries explained the
roles of the Constitutional court in their
respective countries. They were Constitutional
Court Justice of Uzbekistan Uzak Barazov,
Constitutional Court Justice of the Kingdom
of Thailand Chalermpon Akeuru, Constitutional
Court Justice of Austria Johannes Shcnizer,
Constitutional Court Justice of Ukraine Mykhallo
Zaporozhets, and Constitutional Court Justiceof the Republic of Indonesia Ahmad Fadlil
Sumadi.
In the First Session, various facts were revealed,
namely among other things that the judicial
review of law under the Constitution is the
main authority possessed by the Constitutional
Court in almost all countries. However, the
Court also has other areas of authority,
based on varied regulations in the constitution
according to the needs and agreements
subsequently formulated into a constitution
of each country. Such varied regulations of
the authority of the Constitutional Court or
similar institutions lead to different roles in
strengthening the principles of democracy
in their respective countries. Similarly, the
challenges and obstacles which arise and
which must be faced in implementing these
powers imply different practices. The practices
of the Constitutional Court practices or similar
institutions in each country in exercising
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 165/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011140
authority or in facing the challenges and
obstacles were an important part conveyed
in this symposium. The experience is valuable
information for the Constitutional Court or
other similar state institutions. The sharing
and exchange of experience and information
become a necessity in the learning process
and in the struggle to uphold constitutional
democracy at the global level.
Meanwhile the Second Session discussing
the Democratization in the Process of Law
Formulation conveyed some basic thoughts,
namely how the lawmaking process is regulated
in each participating country, the role of society
in every country in the lawmaking process and
influence of the decisions of the Constitutional
Court or a similar institution on the lawmaking
process. The discussion of the theme was
divided into three panels. For panel I, there
were three speakers, namely Chairman of theLegislation Board of the People’s Legislative
Assembly Ignatius Mulyono, Chairman of the
Tribunal do Recurso of Timor-Leste Claudio
Ximenes, and Chairman of the Committee on
Legal Affairs of the Parliament of the Republic
of Lithuania Stasys Sedbaras. Meanwhile, for
Panel II, the speakers were Chief Justice of
the Supreme Court of the Philippines Renato
C. Corona, Chairperson of the Law Commission
of the People’s Legislative Assembly of the
Republic of Indonesia Benny K. Harman,and the First Vice-President of the People’s
Legislative Assembly of Morocco Mohammed
Abbou. Then, Panel III was filled by Member
of the Senate of Thailand Prajit Rojanaphruk
and Vice Chairman of the Inter-Parliament
Cooperation Board of the People’s Legislative
Assembly Azwar Abubakar.
During the aforementioned Session Two,
some main ideas that emerged were, among
other things, the expectation to implementdemocratization in the law-making process,
Constitutional CourtJustice M. Akil Mochtar
was presentingconclusions of Panel I
during The InternationalSymposium onConstitutional
Democratic State inShangrila Hotel Jakarta,
Tuesday (12/7).
Public Relations of theConstitutional Court/Yoga
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 166/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 141
DEVELOPING THE SYNERGY OF THECONSTITUTIONAL COURT, RESEARCH, AND
PANCASILA EDUCATION
where active participation of the community
becomes one that needs to be done. In
this case, the space and opportunity for the
people to be able to deliver their aspirations
are required. Furthermore, these aspirations
are accommodated proportionally by the law-
makers so that the formulated Laws are in
accordance with the needs and the will of
the people. Each country has its own way,
experience, and challenges or obstacles in thedemocratization of the formulation of laws.
The practice is determined by the rules of
the game specified either in the constitution
or inferior laws and regulations. Therefore, the
way the constitution of each state regulates
the process of Law formulation, including
community involvement in it, was the important
point conveyed in this symposium. In addition
to the aspects of procedure and substance of
the law formulation, the relationship between
law-making process and the existence of theConstitutional Court or similar institutions came
to the fore. In this case, the influence of
the decisions of the Constitutional Court or
a similar institution similar on the lawmaking
process is an important part expressed in
the forum.
During the Third Session with the theme of
checks and balances mechanism Among the
Branches of State Power, the main ideas
discussed under this sub-them were, among
other things, the regulation of the relations
among the branches of state power in the
Constitution, challenges and obstacles faced
in the implementation of checks and balances
among branches of state power and the
role of the Court or a similar institution
in implementing the checks and balances
among the branches of state power. Present
as speakers of panel I were Supreme Court
(MA) Justice of Mexico Margarita Beatriz
Luna, Constitutional Court Justice of Tajikistan
Gulzorova Muhabbat Mamadkarimovna, and
Constitutional Court Justice of the Republic of
Indonesia M. Akil Mochtar. In Panel II, there were
also three speakers, namely Vice Chairman of
the People’s Legislative Assembly of Colombia
Nidia Marcela Osorio Solgado, President of the
Parliament of Timor Leste Fernando La Sama
de Araujo, and Constitutional Court Justice
of the Republic of Indonesia Hamdan Zoelva.
Meanwhile, the speakers of Panel III includedChairman of the High Court of Malaya of the
Federal Court of Malaysia Tan Sri Arifin bin
Zakaria, Constitutional Court Justice of Turkey
Engin Yildirim, Vice Chairman of the People’s
Legislative Assembly Priyo Budi Santoso, and
Chairman of the Law Commission of the
National Assembly of Azerbaijan Ali Huseynli.
In the Third Session, the symposium participants
raised some views that in democratic countries,
the principle of checks and balances is anecessity to eliminate the abuse of power
or authority possessed by state institutions.
In general, the mechanism of checks and
balances regulated in the state constitution in
response to the need for preventing deadlock
in the separation of powers in the relations
among branches of power and for preventing
the abuse of power by any branch of power.
Therefore, the regulation of the relations among
branches of state power in the constitution
in each country became an important part
presented during this symposium. Subsequently,
the practice of each country in facing the
challenges and obstacles in the implementation
of checks and balances among branches
of state power was valuable information for
the participating countries in the symposium.
Therefore, the adoption and implementation
of checks and balances mechanism often
becomes the standard of the establishment
of the concept of rule of law state in order
to realize democracy in a country.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 167/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011142
Meanwhile, in the implementation the checks
and balances mechanism, each state institution
possesses and plays an important role in
accordance with its position and authority.
One of the interesting and important things
to note is the role of the Constitutional Court
or a similar institution as a state institution
in the judicial branch of state power with
all the authority possessed. In this case,the information presented regarding the role
played by the Constitutional Court or a similar
institution in each country in implementing the
principle of checks and balances mechanism
was a valuable input for other states.
Meanwhile, in the Final Plenary Session of
“The International Symposium on Constitutional
Democratic State”, Panel I which was represented
by Constitutional Court Justice of the Republic
of Indonesia M. Akil Mochtar, conveyed that
the presence of the Constitutional Court and
similar institutions were believed to increase
the value of a country’s democracy. Most
delegates agreed that democracy is one of the
important social values in a democratic country
being explicitly stated in the constitution of
each country. Akil who read the conclusions
of Panel I continued that of all systems,
democracy is believed to be the best systemand is largely adopted by countries around
the world. In addition, in order to ensure
that the law-making process is based on the
principles and the values of democracy and
does not conflict with the constitution, the
involvement of courts or similar institutions
is a must.
The conclusion of Panel II, which was presented
by the Chairman of the Parliament of Timor
Leste Fernando La Sama de Araujo, stated that
Four speakers fromhigh state institutions
of the RepublicIndonesia were present
in the Second PlenarySession in Hotel
Shangri-La Hotel onMonday (11/7).
Public Relations of theConstitutional Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 168/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 143
DEVELOPING THE SYNERGY OF THECONSTITUTIONAL COURT, RESEARCH, AND
PANCASILA EDUCATION
the Constitutional Court and similar institutions
have a significant contribution in building a
democratic constitutional state, including in
strengthening the principles of democracy. Even
the Constitutional Court plays an important
role to preserve the living constitution, used
to guide the daily life and standards for all
actions of the state.
Subsequently, the conclusion of Panel III whichwas read by Tan Sri Arifin bin Zakaria, as
Chief Justice of the High Court of Malaysia,
stated that democracy is a very important
social value to be enforced in a democracy.
He continued that every Constitutional Court
has authority to interpret, define, and adjudicate
the constitutionality of laws that regulate the
executive, legislative, and judicial branches,
including the protection of human rights and
freedom of citizens. The Constitutional Court
is fully dedicated to work independently and
impartially, while prioritizing transparency and
equality among justices. In addition, he assertedthat the decisions of the Constitutional Court
decision shall bind all bodies of state power
as final and binding decisions.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 169/273
Annual Report of the Constitutional Court 2011144
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Strengthening Research and Development
Talking about research and study must
not be separated from the meanings
of both words. Research is defined
as a thorough examination, an investigation,
or the activities of collecting, processing,
analyzing, and presenting data carried out
systematically and objectively to solve a
problem or to test a hypothesis to develop
general principles. Meanwhile the word study
is literally defined as the process, manner,
and act of conducting an in-depth studyor investigation.
According to the meanings of both words,
research and study are conducted by the
Constitutional Court by collecting, processing,
analyzing, and presenting data in a systematic
and objective manner. This is similar to the
activities of in-depth study carried out by
the Constitutional Court.
Efforts to explore something and to generate
new systematic and objective data are
deemed necessary for judicial institutions
such as the Constitutional Court. Moreover,
the Constitutional Court is not an ordinary
judicial institution as it is the judicial institution
which always puts in efforts to uphold a
constitutional democratic state.
To that end, the research and study
conducted by the Constitutional Court are
intended solely to produce a collection
researches or thoughts that support the
functions of the Constitutional Court as
a judicial institution which is enabled to
conduct judicial review of laws. In other
words, the research and study conducted
by the Constitutional Court are intended
to support the work of constitutional court
justices so as to produce an objective and
systematic decision on a case handled by
the Constitutional Court.
The following table presents some of the
researches conducted by researchers of the
Constitutional Court under the guidance of
experts.
Opening of the ConstitutionalCourt’s Coordination Meeting
with the Deans of Facultiesof Law.
Foto
Public Relations of theConstitutional Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 170/273
Annual Report of the Constitutional Court 2011 145
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
MENGEMBANGKAN SINERGITAS MK,PENELITIAN DAN PENDIDIKAN PANCASILA
1. Disserta onBased
Basis of JuridicalConsidera on of the LegalStanding of Customary LawCommunity Unit in theJudicial Review Process in
the Cons tu onal Study
I Gede Yusa, S.H.,M.H
• Irfan NurRahman
• Ana Triningsing• Alia Harumdani
Widjaja
• NallomKurniawan
2. Disserta onBased
Compa bility ofSubstan a on System andInterpreta on of Jus ce inthe Se lement of Disputesover the Results of GeneralElec on of the RegionalHead
Mariyadi, S.H.,M.H
• Helmi Kasim• Rio Tri Juli
Putranto• Meyrinda
Rahmawa• Syukri Asyhari
3. Disserta onBased
Cons tu onalInterpreta on of theDisputes over Authorityof State Ins tu ons in theCons tu onal Court
Ichsan Anwary,S.H., M.H
• M. Mahrus Ali• Ti s Anindyaja• Winda Wijayan• Ajie Ramdan• AA Dian Onita
4. Non Disserta onBased
Special Status of theSpecial Territory ofYogyakarta in theDemocra c Frame Basedon the 1945 Cons tu on(Case Study on the Filingof the O ce of the Headof Region and Vice Head ofRegion)
Prof. SoetandyoWignjosoebroto,MPA
• Fajar Laksono• Helmi Kasim• Siswantana Putri R• Nuzul Qur’ani
Mardiya• Ajie Ramdan• Nallom Kurnia
5. Non Disserta onBased
Comparison of GeneralElec on Dispute Se lementMechanisms in SomeCons tu onal Democra cStates
Dr. I Dewa GedePalguna, S.h., M.H
• MeyrindaRahmawa
• Ana Triningsing• Alia Harumdani
Widjaja• Bisariyadi
6. Non Disserta onBased
Interpreta on of theCons tu onal Court ofSystema c, Structured, adMassive Viola ons in theGeneral Elec on of theHead of the Region
Prof. Abdul Muk eFadjar, S.H., M.S
• M. Mahrus Ali• Putria Gus Asih• Ti s Anindya Ja• Winda Wijayan• Rio Tri Juli Putranto• Irfan Nurrahman
Table 17
Research Activities of the Center for Research and Studyof the Constitutional Court Year 2011
No. Type of Research Title of Research Mentor Research Team
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 171/273
Annual Report of the Constitutional Court 2011146
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
In addition to providing results for the scope
of the Constitutional Court, researches and
studies conducted also provide benefits to
the general public as well as academicians
and intellectuals. For example, the cooperation
of the Constitutional Court with the Centers
for Constitutional Studies (PKK) in various
universities in Indonesia has produced
researches or studies on the decisions of the
Constitutional Court and so on. The forum for
presenting the results of researches conductedby the Centers for Constitutional Studies is
the Konstitusi Journal, PKK edition.
The PKK Edition of Konstitusi Journal
accommodates the ideas of the academicians,
both lecturers and students. The researchers
conducted by the Centers for Constitutional
Studies (PKK) are never far from the function
and authority of the Constitutional Court, for
example, researches on the Constitutional
Court’s decisions and their implications incertain areas.
To support the researches whether or not
conducted by researchers of the Constitutional
Court as well as academicians associated
in the Centers for Constitutional Studies,
the Constitutional Court provides supporting
literatures in the Constitutional Court’s Library.
Various literatures in the Constitutional Court’s
Library cover the fields of law, geography,
philosophy, religion, applied science, and even
literature are available in the Constitutional
Court’s Library.
Such numerous collections of books are
intended for the sole purpose of supporting
the work of constitutional court justices and
researchers when they face various cases
entering into hearings of the Constitutional
Court. Moreover, cases entering the hearings
of the Constitutional Court are on issues not
only related to law, but to other issues of
social affairs, customary law, up to division
of the borders of a region.
A visitor in the ConstitutionalCourt’s Library visitors
was browsing around thecollection book.
Foto
Public Relations of theConstitutional Court/Ganie]
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 172/273
Annual Report of the Constitutional Court 2011 147
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
MENGEMBANGKAN SINERGITAS MK,PENELITIAN DAN PENDIDIKAN PANCASILA
Chief Justice of theConstitutional Court, Moh.Mahfud MD and Vice ChiefJustice of the ConstitutionalCourt Achmad Sodikireceived a visit of themembers of the U.S. LawLibrary of Congress.
Foto
With the support of complete literature
for constitutional court justices, no wonder
constitutional court justices have the
undoubted capability and competency when
deciding a case.
The Constitutional Court’s library which is
famous for its complete literature has made
the library which occupies three floors in
the Constitutional Court Building well-known,even abroad. Many institutions that have
libraries came to the Constitutional Court
for a “comparative study”. Even recently, a
member of the Law Library of the Congress
of the United States met the Chief Justice
of the Constitutional Court, Moh. Mahfud MD,
to request for a permission to cooperate
with them.
To support all the aforementioned functions,
the Centre for Research and Studies (Puslitka)of the Constitutional Court is supported by
two working units, namely the Centre for
Research and Library Unit.
Development of the Center forConstitutional Studies
As mentioned earlier, the Constitutional
Court has published the PKK (Center for
Constitutional Studies) edition of Jurnal
Konstitusi (Constitutional Journal) since 2008.
During these three years, 61 Centers for
Constitutional Studies of 61 Universities have
contributed by having their researches included
in the PKK edition of Jurnal Konstitusi.
From the beginning, the presence of the
Center for Constitutional Studies has been
aimed not only at “filling” the PKK edition
of Jurnal Konstitusi. For a long time, the
Secretariat-General and Registrar’s Office of
the Constitutional Court have been aware
that it is important to establish cooperation
with the campus community. Academicians
of high intellectual level are believed able
to strengthen the Constitutional Court’s
network in universities and in regions where
Public Relations of theConstitutional Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 173/273
Annual Report of the Constitutional Court 2011148
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
the universities are located. Circles of
academicians have also proven to be able
help the Constitutional Court to disseminate
constitutional awareness among the general
public. Using a communicative method, the
messages to be conveyed to the public by
the Constitutional Court can be more easily
digested, understood, and accepted.
Moreover, the position of the ConstitutionalCourt that exists only in the capital and nota
bene does not have any “branch” in the
region just like the other judicial institutions,
has made it difficult for the Constitutional
Court to promote its functions and authority.
The presence of Centers for Constitutional
Studies (PKK) in regions cab compensate
for the aforementioned “weaknesses” of the
Constitutional Court.
With the awareness of the importance of
cooperation with academicians, since 2008,
the Constitutional Court has established
cooperation with universities. The cooperation
has been realized with the establishment of
Centers for Constitutional Studies (PKK). In
other words, the Centers for Constitutional
Studies in 61 universities spread throughout
Indonesia are the “Friends of the Court”
for the Constitutional Court. The “friendship”between the Centers for Constitutional Studies
and the Constitutional Court is continuing
until 2011.
In 2011, 2 (two) Centers for Constitutional
Studies have joined, namely the Center
for Constitutional Studies of the National
Education University of Bali and the Center
for Constitutional Studies of Narotama
University of Surabaya. Previously, 56 Centers
Chief Justice of theConstitutional Court, Moh.
Mahfud MD opened theCoordination Meeting of the
Constitutional Court withthe Deans of the Faculties
of Law.
Public Relations of the ConstitutionalCourt/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 174/273
Annual Report of the Constitutional Court 2011 149
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
MENGEMBANGKAN SINERGITAS MK,PENELITIAN DAN PENDIDIKAN PANCASILA
for Constitutional Studies had joined in the
publication of the Center for Constitutional
Studies edition of Jurnal Konstitusi, namely
among others, the Center for Constitutional
Studies of the Syiah Kuala University (since
2008), the Center for Constitutional Studies of
the State University of Jakarta (since 2009),
and the Center for Constitutional Studies of
the Padjadjaran University (since 2009).
Journal Publication
J u r n a l K o n s t i t u s i o f theConstitutional Court
In order to disseminate information, the
Constitutional Court publishes the Jurnal
Konstitusi of as a medium of information
for the public. Jurnal Konstitusi is aimed
at making the constitution down to earth
and making the values contained in the
constitution become one with the life of
the community (to enforce the constitution
as a living constitution).
Jurnal Konstitusi contains scientific papers
such as results of field research, analysis
of judicial review decisions, theoretical
studies, literature studies, as well as
critical-conceptual ideas which are objective,
systematic, analytical, and descriptive in
nature and which have national scope. Theparties that fill the Jurnal Konstitusi are the
experts, academicians, practitioners, students,
law enforcers, activists, up to journalists. In
fact, some legal experts such as former
Constitutional Court Justice Maruarar Siahaan
also contributed by sending his writings for
the Jurnal Konstitusi. In 2001, the writing of
Maruarar Siahaan entitled “Implementation of
Decision No. 27/PHPU.D-VII/2010 concerning
Disputes over the Results of General Election
of the Regional Head of Lamongan Regency”was published in the February 1, 2011
edition.
2 0 0 4
2 0 0 5
2 0 0 6
2 0 0 7
2 0 0 8
2 0 0 9
2 0 1 0
2 0 1 1
NUMBER OFPUBLICATION
Chart 14Publication of the Jurnal Konstitusi 2004-2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 175/273
Annual Report of the Constitutional Court 2011150
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Language Lab visitorsat 6th Floor of the
Constitutional CourtBuilding.
Public Relations of the ConstitutionalCourt/Ardli
Meanwhile, the issues raised in the Jurnal
Konstitusi are not only with about law and
constitution, but also about economic, social,
political and state administration issues.
Historically, Jurnal Konstitusi has been
published since the beginning of the
establishment of the Constitutional, namely
in 2004. Thus, until 2011, Jurnal Konstitusi
has been published for 8 (eight) years or in
eight volumes. However, in the early days,
Jurnal Konstitusi was not regularly published
six times a year. Only in recent years Jurnal
Konstitusi has been published six times a
year. A total of 32 issues of Jurnal Konstitusi
have been published until 2011.
While for the 2011, the Jurnal Konstitusi
could be published in six editions. The
Six of them, namely, Volume 8 Number 1,
published in February 2011, volume 8 number
2, published in April 2011, volume 8 number
3, published in June 2011, volume 8 number
4 published in August 2011, volume 8 number
5, published in October 2011, and volume 8
No. 6, published in December 2011.
Each Jurnal Konstitusi published has a
different theme. The following table presents
Jurnal Konstitusi themes throughout 2011.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 176/273
Annual Report of the Constitutional Court 2011 151
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
MENGEMBANGKAN SINERGITAS MK,PENELITIAN DAN PENDIDIKAN PANCASILA
Table 18Themes of Jurnal Konstitusi in 2011
1. 8 1 February Implementa on of the Decisions on theGeneral Elec on of the Head of Regionand Judicial Review of the GeneralElec on Law
2. 8 2 April Implica ons of the Cons tu onal Court’sDecisions on the General Elec on Systemand Democracy
3. 8 3 June Eco log y of t he Con sti tut ion andCons tu onal Democracy
4. 8 4 August Substan ve Jus ce and Democracy
5. 8 5 October Cons tu on and Human Rights
6. 8 6 December Economic Cons tu on
The quality of writing, consistency ofpublication of the Jurnal Konstitusi, layout
quality, and the institutional aspect of the
publication of Jurnal Konstitusi have been
accredited by the Indonesian Institute of
Sciences (LIPI) in 2011, namely in April
2011. Accreditation for the Jurnal Konstitusi
from LIPI is recorded under number 329/
Akred-LIPI/P2MBI/04/2011.
With the accreditation by LIPI, Jurnal
Konstitusi gets good quality ratings. Withthat accreditation also, the editorial staff of
Jurnal Konstitusi make continuous efforts to
improve the quality of Jurnal Konstitusi .
Cen te r fo r Cons t i t u t i ona lStudies (PKK) edition of Jurnal
Konstitusi
In addition to the Jurnal Konstitusi published
by the Constitutional Court, there is also theCenter for Constitutional Studies (PKK) edition
of Jurnal Konstitusi (PKK Journal) in Indonesia.This PKK Journal has been published since
2008. Until now, the PKK Journal has been
published twice each year, namely every
June and November to be exact.
The PKK Journal has been established as
a forum for development of constitutional
thoughts and ideas as well as development
of national laws. Jurnal Konstitusi emerges
with its function to publish thoughts and
at once become the forum for constructiveand scientific public discussions.
As described earlier, PKK Journal is a per-
semester media published by the Center for
Constitutional Studies of each university in
collaboration with the Secretariat General and
the Registrar’s Office of the Constitutional
Court.
In 2011, 41 Centers for Constitutional
Studies have established cooperation withthe Constitutional Court to publish Jurnal
No. Volume Issue No. Month of Issue Theme
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 177/273
Annual Report of the Constitutional Court 2011152
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Konstitusi. However, not every Center for
Constitutional Studies has published Jurnal
Konstitusi two times a year. For Volume IV
No. 1 published in June, only 40 Centers
for Constitutional Studies participated in
publishing PKK Journal. As for the Volume
IV No.2 published in November, 29 Centers
for Constitutional Studies were listed to
have contributed in the publication of PKK
Journal.
Centers for Constitutional Studies which have
contributed to the publication of the PKK
Journal in 2011 are, among others, the
Center for Constitutional Studies (Pusako) of
the Faculty of Law of Andalas University,
the Constitutional Study Board of the Faculty
of Law of Riau University, P3KHAM LPPM of
the Faculty of Law of the Sebelas Maret
State University, the Center for ConstitutionalStudies of the Faculty of Law of Brawijaya
University, and the Center for Constitutional
Studies of Udayana University.
Similar to scientific journals, PKK Journal
has a theme in every issue. For 2011,
two themes have been put forward, namely
“Judicial Review of Law and Dispute over
Authority of State Institutions” and “Regional
Head General Election”.
Both the aforementioned journals, namely
Jurnal Konstitusi and PKK Journal, are
distributed free of charge to the stakeholders
and the general public.
Modern Library
Library becomes an important element for
the Constitutional Court to perform its
function as a judicial institution with final
FormerConstitutional Court
Justice MaruararSiahaan providedmaterials at FGD
entitled “Structured,Systematic, and
Massive Violations”.
Public Relations of the Constitutional
Court]
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 178/273
Annual Report of the Constitutional Court 2011 153
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
MENGEMBANGKAN SINERGITAS MK,PENELITIAN DAN PENDIDIKAN PANCASILA
Visitors of the ConstitutionalCourt’s Library are utilizingcomfortable reading roomfacilities.
Foto
Public Relations of the ConstitutionalCourt/Ganie
decisions. To produce such final decisions,
the constitutional court justices sometimes
require reference sources. Reference sources
required the justices can be obtained,
among other things, at the Library of the
Constitutional Court.
No wonder if the Constitutional Court’s
Library is mentioned as the support unit for
constitutional court justices, experts, as wellas researchers at the Constitutional Court.
However, in the organizational structure,
the Constitutional Court’s Library is under
the Center for Research and Study of the
Secretariat General of the Constitutional
Court.
Administratively, the Constitutional Court’s
Library was established in August 2004 along
with the Decision of the Secretary General
of the Constitutional Court NO. 357/Kep/Set.MK/2004 concerning the Organization and
Operational Procedures of the Secretariat
General and the Registrar’s Office of the
Constitutional Court, but operationally the
Constitutional Court’s Library started to
operate in January 2005.
In the course of time and developments in
the body of the Constitutional Court, changes
and adjustments are being made to the
Organization and Operational Procedures of
the Secretariat General and the Registrar’sOffice of the Constitutional Court, and the
Constitutional Court’s Library will become
Library Division directly responsible to the
Head of the Center for Research and Study
(Kapuslitka) and it will functionally collaborate
with researchers and experts in supporting
the constitutional court justices.
Up to August 2007, the Constitutional Court’s
Library occupied a building that belongs to
the Ministry of Communication and Information(Depkominfo) at Jalan Medan Merdeka Barat
No.7 Central Jakarta, in a 8 x 6 meter room
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 179/273
Annual Report of the Constitutional Court 2011154
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
on the 3rd floor, without partition between
the workspace and the reading room, provided
with racks of about 5,000 copies of books,
journals and print media periodicals.
In the new Constitutional Court building at
Jalan Medan Merdeka Barat No.6 Central
Jakarta, the Constitutional Court’s Library
occupies 5th and 6th floors provided with
indoor and outdoor reading rooms whileenjoying the Constitutional Court’s Dome
which is also an additional reading room.
In addition to the two floors which are
dedicated to the public, there is also the
Constitutional Court’s Library located on the
16th floor. The Library on the 16th floor is
only for the constitutional court justices.
To support these functions, the Library of
the Constitutional Court of the Republic of
Indonesia is provided with various collectionsfrom various scientific disciplines. However,
the Constitutional Court’s Library has more
collections of literature on law and state
system, as well as relevant information such
as politics, state administration, history, and
biography.
In addition to supporting the duties of
constitutional court justices, the Constitutional
Court’s library also provides literature materials
which also meet the needs of many parties
such as students, academicians, experts,
researchers, and others who engage in the
field of law. For this reason, the Constitutional
Court’s Library provides more books related
to the constitution and laws.
Literature materials available in the
Constitutional Court’s library are not only
from publishers in the country, as we can
find books from foreign publishers. In fact,
over the years the Constitutional Court’s
library continues to increase the collections
of the literature materials both in Indonesian
and foreign language. Most books owned
by the Constitutional Court’s Library are in
Indonesian language followed by literature in
the English language (see table).
T e x
t b o o
k
D e c
i s i o n
J o u r n a
l / M a g a z i n e
A r t i c
l e
Chart 16
Types of Collection of the ConstitutionalCourt’s Library in 2011
96,61%
1,91% 0,01% 0,76%
Chart 15
Books Owned by the Constitutional Court’s
Library Based on Language
E n g
l i s h
I n d o n e s
i a n
G e r m a n
K o r e a n
51,6%
0,01% 0,02%
0,02%0,02%48,37%
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 180/273
Annual Report of the Constitutional Court 2011 155
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
MENGEMBANGKAN SINERGITAS MK,PENELITIAN DAN PENDIDIKAN PANCASILA
The literature collections are available in
various forms of publications, such as various
kinds of books on constitutional law, state
administration, politics, social affairs. There
are also various reports, proceedings, minutes,
and decisions related to the activities and
functions of the Constitutional Court.
Chart 18
Internal visitors of the Constitutional Court’s Library in 2011
J a n u a
r i
F e b r u a
r i
M a r e
t
A p r i l
M e i
J u n i J u
l i
A g u s t u
s
S e p t e m
b e r
O k t o b
e r
N o v e m
b e r
D e s e m b e
r
In 2011, the literature collections in the
Constitutional Court’s Library have reached
a total of 7,971 book titles and 17,077
copies. The books are obtained from the
purchase, gifts from individuals, and gifts from
institutions. Institutions that give gifts that
add to the collection of literature materials
of the Constitutional Court’s Library are
the People’s Legislative Assembly/People’s
Consultative Assembly, Library of Congress,The Asia Foundation, the Supreme Court
and the Judicial Commission. In 2011, the
Constitutional Court’s Library also added 167
titles of electronic book (e-book) collections
which can be opened via the website of the
Constitutional Court at the library window.
For the Journal of Law, the Constitutional
Court’s Library has periodicals on constitutional
law from various government or private
agencies. Online law journals available are
Chart 17
Books Owned by the ConstitutionalCourt’s Library based on Classification
I l m u
H u k u m
d a n
S o s
i a l
G e o g r a f
& S
e j a r a
h
F i l s a
f a t d a n
P s
i k o
l o g
i
B a
h a s a - K a m u s
A g a m a
S e n
i d a n
O l a h r a g a
K e s u s a s
t e r a a n
K a r y a U m u m
I l m u
T e r a p a n
70,44%
6,62%1,97% 1,62% 4,39%
0,3% 1,77%7,07% 4,85%
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 181/273
Annual Report of the Constitutional Court 2011156
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Westlaw and Heinonline. As for actual
information or publications of mass media,
the Constitutional Court’s Library provides
various newspapers and magazines on aregular basis, namely among others, Republika,
The Jakarta Post, Media Indonesia, Kompas,
Indo Pos, Seputar Indonesia, Times, Newsweek,
Tempo, Gatra, Reader’s Digest, National
Geographic, etc.
In addition to printed literature that can be
borrowed by the visitors of the Constitutional
Court’s library, facilities such as cable or
wireless internet networks are also available.
With the existence of internet facilities, visitors
Chart 19External visitors of the Constitutional Court’s Library in 2011
J a n u
a r i
F e b r u
a r i M a
r e t A p r i l
M e i
J u n i J u
l i
A g u s t u s
S e p t e
m b e r
O k t o b
e r
N o v e
m b e r
D e s e
m b e r
can enjoy the library room which is quite
representative.
In addition, the Constitutional Court’s Libraryhas a dome serving the function of an
outdoor reading room. In that dome, visitors
to the Constitutional Court’s Library can read
books while enjoying the beautiful and tidily-
organized view. The dome is provided with a
circular reading room and ornamental plants
as well as plants for sunlight protection.
In 2011, the number of library visitors to the
Constitutional Court’s Library up to December
reached 11,412 people. The recorded internal
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 182/273
Annual Report of the Constitutional Court 2011 157
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
MENGEMBANGKAN SINERGITAS MK,PENELITIAN DAN PENDIDIKAN PANCASILA
Chart 20Book Borrowers of the Constitutional Court’s Library
4555
133
126
118
13377
64
82
124
105
92
visitors to the Constitutional Court up to
December were 6,145 people. Meanwhile, the
recorded external visitors to the Constitutional
Court up to the same month were 3,799
people. Recorded book borrowers throughout
2011 up to December were 1,468 people.
The Constitutional Court’s Library also
makes continuous efforts to maintain book
collections in the Constitutional Court’s Library.Maintenance of the books is intended for
the book collections of the Constitutional
Court’s Library to survive for decades and
still be readable. Maintenance efforts are
performed, among others, by covering every
book collection of the Constitutional Court’s
Library. In addition, fumigation or placement
book-preserving gases and pest prevention
are also conducted in July and October.
Development of information technology and
infrastructure are, among others, directed
towards the aspects of the system (software)
by adding several features to Online Library
products. Through the development of
information technology and infrastructure
various online services, such as online catalog,
can also be provided.
The development is also directed towardsthe security aspects of the collections and
library users. The collections of library books
continue to grow and become sources of
intellectual property that should be guarded
and maintained. Also developed are CCTV,
computers, trial research set, and library in
the Room of Consultative Meeting of Justices
(RPH) at the 16th floor of the Constitutional
Court’s Building.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 183/273
Annual Report of the Constitutional Court 2011158
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
In addition, in 2011 the Constitutional Court’s
library added library security tools put on
the 16th floor. The addition is intended not
only to secure the collections but also to
facilitate the control of collections spreading
over 3 floors, namely 5th, 6th, and 16th
floors. Safety devices have been added in
the form of smart shelf and security chip
for the collection of books that have RIFD
(Radio Frequency Identification) technology.
Constitutional Court’s library can also be
accessed online by opening the portal http://
portal.mahkamahkonstitusi.go.id/simpus/. In
the portal, visitors can view online catalogs
and abstracts of the collected books of
the Constitutional Court’s Library. Moreover,
visitors can also view information on what
number of shelf the book is placed. It is
all intended to facilitate visitors of the
Constitutional Court’s Library.
Legal Information Center
Legal Information Center (PIH) is a form
of service to the community to obtain
their constitutional rights in obtaining
technology-based legal information through
the website.
This system was established in 2007 and
has been accessible to the entire community
as a window for information on legal
products in Indonesia. Until now the portal
located at http://portal.mahkamahkonstitusi.
go.id/eLaw/ has been visited by 491,028
visitors. The portal is intended to meet
every citizen’s constitutional right to obtain
legal information in order to increase public
legal awareness.
Legal product information in the PIH
portal includes the legal products of State
Institutions, State Ministries, Department
onstitutional Court’sOnline Library
Website.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 184/273
Annual Report of the Constitutional Court 2011 159
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
MENGEMBANGKAN SINERGITAS MK,PENELITIAN DAN PENDIDIKAN PANCASILA
Ministries, Non-Department Government
Agencies, Local Governments, and state-
owned enterprises/regional government-owned
enterprises. The aforementioned legal products
are in form of, among others, regulations,
decisions, stipulations, court decisions, and
policy rules.
The contents of PIH Portal have developed
from year to year. In previous years, PIHportal development included surveys on laws
and regulations, identification and classification
of laws and regulations, as well as facilities
for uploading the laws and regulations within
the purview of state institutions, the central
government, local government and state-
owned enterprises/regional government-owned
enterprises independently, while this year,
this PIH portal has not been developed
much further.
In 2011, only contents have been added
to Online PIH. Meanwhile, no development
has been made to the appearance of the
website and the features contained in the
PIH portal.
Meanwhile, the contents of the PIH portal this
year have been added only with increased
number of regulations. Regulations added are
Laws, Government Regulations, PresidentialRegulations, Ministerial Regulations, and
Regional Regulations.
Activities in the development of PIH consist
of several stages. First, gathering the
materials to be processed, especially the
legal regulations submitted by the State
Secretariat to maintain validity. This activity
of collecting regulations is divided into two
categories, namely the central regulations
and regional regulations.
Chart 21Regulations uploaded in PIH in 2011
98
6308
313
8043
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 185/273
Annual Report of the Constitutional Court 2011160
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Activities of collecting central regulations
(Laws, Government Regulations, Presidential
Regulations, etc.) are performed by the
Constitutional Court’s staff. Meanwhile, the
collecting of regional regulations is conducted
with 39 law faculties in universities in
cooperation with the Constitutional Court.
Each month, the law faculties in cooperation
with the Constitutional Court submit 20 files
of local regulations to be uploaded by the
IT staff of the Constitutional Court.
Subsequently, the activities carried out would
be moving (scanning) or changing the format
of legal regulations available that was in
printed format into PDF file format. The third
is editing, namely improving the appearance of
legal regulations that have been scanned as
PDF files into Word format to be tidier and
to be smaller in size for storage capacity. The
fourth is publishing (uploading), entering the
edited legal regulations into the PIH system
so that they can be seen and downloaded
by people who need them.
Contributors who uploaded these pages are
not only from the Constitutional Court, but
also from the Supreme Court, Ministry of
Justice and Human Rights (KemenkumHAM),
the Association of Teachers of Procedural
Law of the Constitutional Court (APHAMK),
and the Centers for Constitutional Studies(PKK).
In addition to uploading documents from
contributors, Legal Information Center also
invites the general public and organizations,
both public and private, to submit legal
documents they possess to be uploaded in
the PIH website. The uploading of the legal
documents is intended for the community
to have equal opportunity to access these
documents for free. These documents canbe mailed to the Center for research and
A visitor was accessingwebsite of PIH Portal in the
Constitutional Court’s Library.
Public Relations of the ConstitutionalCourt/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 186/273
Annual Report of the Constitutional Court 2011 161
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
MENGEMBANGKAN SINERGITAS MK,PENELITIAN DAN PENDIDIKAN PANCASILA
study of the Constitutional Court at Jalan
Medan Merdeka Barat No. 6 Jakarta, JKT
10024 or sent in soft copy via email to:
The public can view and download the
documents uploaded by PIH of the
Constitutional Court at internet network
address http://portalmahkamahkonstitusi.
go.id/eLaw/
Seminars , Discussions, andWorkshops (Decision ExaminationTeam)
The Secretariat General of the Constitutional
Court is not only conducting research and
publishing journals each year. Through the
Center for Research and Study of the
Constitutional Court, the Secretariat General
Chief Justice of theConstitutional Courtbecame a speakerin the Symposiumon Law and Justiceorganized by UI.
Foto
organizes studies in the form of seminars,
discussions, workshops, and Focus Group
Discussions (FDG).
Up to the end of 2011 3 (three) seminars on
the Secretariat General of the Constitutional
Court have been organized. The first seminar
was held in February 2011 in Brawijaya
University Malang, followed by the second
seminar held in Andalas University on April14 up to 17, 2011. The last seminar was
held in Yogyakarta on September 30 up
to October 1, 2011.
Such seminar activities were held not only
in Jakarta, but also in big cities in the
regions which also had a turn in the
seminar. By embracing the law faculties
of universities in the regions the seminars
can be held well.
Public Relations of the ConstitutionalCourt/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 187/273
Annual Report of the Constitutional Court 2011162
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
With national seminars organized by the
Secretariat General of the Constitutional
Court, solutions to legal and constitutional
issues relating to state administration
and development of ideas concerning the
constitution can be found. The results
of these seminars can also be used in
addressing constitutional issues.
In addition to seminars, workshops alsobecame the agenda of the Center for
Research and Study of the Constitutional
Court in 2011. It is recorded that the
Center for Research and Study of the
Constitutional Court organized three seminars
and workshop. The first was the seminar and
workshop on Pancasila and the Constitution
in Surabaya on October 25-28, 2011. The
second was the seminar and workshop on
Pancasila and the Constitution in Surakarta
on October 27-31, 2011. The third was theseminar and workshop on Pancasila and
the Constitution in Semarang on November
27-30, 2011.
Other activities handled by Center for
Research and Study of the Constitutional
Court in 2011 were the Constitution Week
(Pekan Konstitusi) at the Andalas University
of Padang and Pancasila Workshop in
Yogyakarta. Each was held on April 24 –
30, 2011 and May 29 - June 2, 2011.
The regular activity organized each year
by Center for Research and Study of
the Constitutional Court is Focus Group
Discussion (FGD). FDG activity is often
attended by constitutional court justices,
constitutional court justice staff, and
researchers from the Center for Research
and Study of the Constitutional Court. FGDs
are conducted with the expectation that
the up-to-date themes that require in-depth
and comprehensive study can be discussed
in more depth.
Participants who have attended FGDs will
have a level of understanding of the
discourse about contemporary issues in law
and constitution. In addition, by following the
FGDs, participants can easily and smoothly
review any most recent constitutional law
discourse.
Until December 2011, the Center for
Research and Study of the Constitutional
Court had held 14 FGDs which were intended
for researchers, registrars, and Constitutional
Court Justice staff of the Constitutional
Court. Meanwhile, 2 (two) FGDs were held
for constitutional court justices.
Former Constitutional Court Justice Maruarar
Siahaan attended one occasion of FGD
implementation. Maruarar delivered the
material entitled “Structured, Systematic,
and Massive Violations with the Weight of
Evidence Based on the Beyond Reasonable
Doubt Standard in the General Election of
the Regional Head”. The FGD presenting
Maruarar at that time was attended by
researchers from the Center for Research
and Study of the Constitutional Court.
Implementation of the aforementioned
seminars and focus group discussions
each year is intended as an effort of the
Secretariat General of the Constitutional
Court to obtain thoughts and ideas in a
broader context in relation to the exercise
of the Authority of the Constitutional Court
and constitutional law. By possessing the
thoughts and ideas in a broader context,
the understanding the state system will not
only be limited to academicians, but it will
extend to the general public.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 188/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 163
DEVELOPING THE SYNERGY OF THECONSTITUTIONAL COURT, RESEARCH, AND
PANCASILA EDUCATION
Education of Pancasila, Constitution, and
Procedural Law on the Constitutional Court
The StudentsParticipating inthe Moot Court
Competition (2/11)demonstrated the
hearing process atthe Constitutional
Court.
Foto
The 1945 Constitution is the result
of the collective agreement that has
become the supreme law of our
country. As the supreme law, all forms of
legislations and regulations must be based
on the constitution as their source. Moreover,
the Constitution also contains the ideals,
the foundations, up to the principles of
state administration. Since the contents of
the constitution become the foundation forthe implementation of state administration,
then all state institutions as well as all
segments of the society are expected to
understand and to apply any norm in the
1945 Constitution in the living as a nation
and a state.
The 1945 Constitution shall be implemented
by every state institution and all segments
of the society by exercising their rights and
performing their obligations in accordancewith the norms provided for in the 1945
Constitution. This is because in essence, the
Constitution binds every citizen. Therefore, the
exercise or performance of the appropriate
rights and obligations is intended to achieve
our ideals as stated in the fourth paragraph
of the preamble to the 1945 Constitution. To
enable every institution and every citizen to
live the life as a nation and a state based
on the 1945 Constitution, it is necessary to
realize a culture of constitutional awareness.To develop the culture of constitutional
awareness, it is necessary to understand
the basic values and norms that become
the substance of the constitution. That
understanding is the basis for the people
to be able to always make the constitution
as the reference in living as a society,
nation and state.
If the people have understood the basic
norms of the constitution and implementit in living as a nation and a state, then
Public Relations of the ConstitutionalCourt/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 189/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011164
they surely know and are able to defend
their constitutional rights guaranteed in the
1945 Constitution. In addition, the people
can participate fully in the implementation
of the 1945 Constitution either through the
implementation of the rights and obligations
as citizens, participation in the administration
of state and government, or by exercising
control of the state administration and
the operation of the government. Thatcondition will automatically prevent the
occurrence of deviations from or abuse of
the constitution.
Indonesia adheres not only to the constitution
but also to Pancasila as the state
philosophy, performs the principles of
Pancasila democracy which is implied in line
with the implementation of the constitution.
This is because the principle of Pancasila
democracy is constitutional democracy withpeople’s sovereignty mechanism in the
administration of state and governance
based on the constitution, which is the
1945 Constitution. Pancasila democracy is
bound by the 1945 Constitution and must
be implemented in accordance with the 1945
Constitution as the constitution.
As a judicial institution serving the function
of guarding the constitution and as the
sole interpreter of the Constitution, the
Constitutional Court has the responsibility
to disseminate the culture of constitutional
awareness to the general public and to apply
the principles of the Pancasila democracy
in the implementation of its authority. For
that reason, the Constitutional Court has
had the initiative to organize some activities
related to the dissemination of the culture of
constitutional awareness and the introduction
of procedural law on the Constitutional
Court as well as revitalization the values of
Pancasila as the ideals of the law. Several
activities throughout 2011 related to the
aforementioned matters were, among others,
the implementation of the National Workshop
on Pancasila (May 2-3, 2011), colloquium,
the 2011 Constitution Week, media publishing
of the Constitutional Court, the introduction
of the procedural law of the Constitutional
Court and other events.
National Workshop on Pancasila
Pancasila is the monumental formulation of
the state foundation formed by our founding
fathers. Along the journey of the nation of
Indonesia, Pancasila has proved to play an
important role in binding and uniting the
values of nationalism and diversity of the
Indonesian people. Moreover, Pancasila which
is also described in the Preamble to the
1945 Constitution is the legal ideal of the
Indonesian nation.
Legal ideals of Pancasila must become the
reference for all laws and regulations. As
the legal ideal, not only that Pancasila
provides guidance and directions for laws
and their enforcement, but it also determines
the shape of the laws and how to execute
the laws. However, these legal ideals are
in fact marginalized in the formulation and
enforcement of laws. This has caused the
people of Indonesia to seem like losing their
soul and to be easily penetrated by interests
that are contradictory to the legal ideals.
For this reason, the idea to revitalize Pancasila
as the legal ideal has emerged. This idea
shall be implemented for the sole purpose
of recovering the position as the legal ideal,
starting from the formulation, implementation
up to enforcement of laws. The implementation
of the revitalization of the values of Pancasila
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 190/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 165
DEVELOPING THE SYNERGY OF THECONSTITUTIONAL COURT, RESEARCH, AND
PANCASILA EDUCATION
is important primarily to make Pancasilaa paradigm in the implementing the law
and ensuring that the values of Pancasila
continue to reside in the practice of law.
This is solely to internalize basic values of
Pancasila as the signs of development of
national laws.
In connection with these objectives, the
Constitutional Court as the implementer of
judicial authority and a part of law enforcers
has put it efforts to revitalize the values
of Pancasila both in the implementation
of its authority and in participating to
take responsibility for its implementation.
For this reason, on May 2-3, 2011, the
Constitutional Court in cooperation with
Gadjah Mada University, Yogyakarta, held
a National Workshop on Pancasila with
the theme ‘Implementation of the values
of Pancasila in upholding the Constitution’.
The event took place at the Graha Sabha
Pramana of UGM which would be attended
by some experts as resource persons,including legal practitioners, academicians,
community leaders, youth, NGOs, Community
Organizations, political organizations, religious
leaders, mass media and others. Some
resource persons who presented materials
sere, among others, the Chief Justice of
the Constitutional Court Moh. Mahfud MD,
Vice Chief Justice of the Constitutional Court
Achmad Sodiki, Constitutional Court Justice
Harjono and Constitutional Court Justice M.
Akil Mochtar, Cultural Observer Franz MagnisSuseno, Professor of State Administration
System of Andalas University Saldi Isra,
and others.
On the same occasion, the Constitutional
Court (MK) and Gadjah Mada University signed
a Memorandum of Understanding (MoU). This
Memorandum of Understanding was motivated
by the goal of building the enculturation
of Pancasila and the Constitution through
education, training, and socialization of the
Foto
The Secretary General ofthe Constitutional CourtJanedjri M. Gaffar (left) andthe Rector of Gadjah MadaUniversity Ir. Sudjarwadi,M.Eng., Ph.D. (right) weresigning a Memorandum ofUnderstanding (MoU) onenculturation of Pancasilaand the Constitution inthe presence of the ChiefJustice of the Constitutional
Court, Moh Mahfud MD,Monday (2/5), at Graha SabhaPramana Building, UGM,
Yogyakarta.
Public Relations of the ConstitutionalCourt/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 191/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011166
constitution and reinforcing Pancasila as the
state ideology and the 1945 Constitution as
the constitutional foundation of the unitary
state of the Republic of Indonesia.
The MoU was signed shortly after the opening
of the National Seminar on “Implementation
of the values of Pancasila in Upholding the
Constitutionality of Indonesia”.
The MoU was signed by the Secretary
General of the Constitutional Court Janedjri
M. Gaffar and the Rector of Gadjah Mada
University Sudjarwadi in the presence of the
Chief Justice of the Constitutional Court, the
constitutional court justices, Vice Chairman of
the Judicial Commission, the representative
the Governor of the Special Region of
Yogyakarta, officials, lecturers, and students
of Gadjah Mada University.
Center for the Documentation ofthe History of the Constitutionand the Constitutional Court
The Constitution is the supreme legal
document that must be implemented within
the national legal system and the life as a
nation and a state. The Constitution shall
become collective guidance in solving and
facing the problems of the nation. Therefore,
it is important to document all historical
processes occurring in the development
of the Constitution in Indonesia from the
Independence of Indonesia up to the present
in a permanent documentation in text, audio,
photo, and video formats.
The existence of this documentation of the
history of the constitution will make the
Indonesia nation know and understand the
Historians’ meeting todiscuss the substance
of the Center for theDocumentation of the History
of the Constitution and theConstitutional Court (19/5)in the Constitutional Court
Building.
Public Relations of the ConstitutionalCourt/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 192/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 167
DEVELOPING THE SYNERGY OF THECONSTITUTIONAL COURT, RESEARCH, AND
PANCASILA EDUCATION
background of developments of the constitution
that occurred in this country. This will become
the lesson and consideration for the future
generation to know and to understand the
facts of the historical development of the
Indonesian Constitution.
In line with the important existence of
historical documentation on the formation and
development of the constitution and historyof the establishment of the Constitutional
Court in Indonesia which has authority as
the guardian of the constitution, in 2011 the
Constitutional Court planned to build a model
of the documentation that would describe
the history of the establishment of the
Constitutional Court. The establishment of the
Center for the Documentation of the History
of the Constitution and the Constitutional
Court is intended to promote the role of
archives and historical documents as importantparts of the process of national life, in order
to reinforce the spirit of national unity. In
addition, the Center for the Documentation
of the History of the Constitution and the
Constitutional Court has the objective to foster
the love of the homeland, as well as to
reinforce historical archives and documents as
the node unifying the nation as well as to
give an important contribution in documenting
the history of the development of the state
constitution, not only for Indonesia but for
the world. The Center for the Documentationof the History of the Constitution and the
Constitutional Court is also intended to
improve understanding and knowledge about
the history of the birth of the constitution
and its development, knowledge of the
Constitutional Court, including information
about various aspects of the Constitutional
Court as one of the executor of judicial
power with some areas of authority granted
under the 1945 Constitution. The drafting
of the history of the Constitution andthe Constitutional Court, included two (2)
phases of activities carried out from March
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 193/273
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 194/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 169
DEVELOPING THE SYNERGY OF THECONSTITUTIONAL COURT, RESEARCH, AND
PANCASILA EDUCATION
Constitutional Court has not been largely
known by the general public. Yet since the
Constitutional Court was officially established
on August 13, 2003 up to the present,
intense dissemination efforts have been
undertaken, including through activities of talk
shows, seminars, book reviews, mass media
publications and the Constitutional Court
website, etc. On the other hand, gait of the
Constitutional Court as a judicial institutionof state administration has had an impact
on the development of science, particularly
legal science in Indonesia.
However, these developments have not been
followed by an increased understanding of
the academicians, especially students on a
variety of constitutional issues and issues of
constitutionality of legal norms in Indonesia.
In connection with the fact, the Constitutional
Court’s dissemination efforts to all levels ofsociety need to be carried out continuously,
especially in the academic world as one of
the pillars of science. Along with that, in
order to improve the students and academic
community’s understanding of the existence of
the Court and constitutional issues, the Court
has made the initiative to hold a contest of
Constitutional Debate among Higher Education
Students throughout Indonesia 2011. The
Constitutional Court divided the Constitutional
Debates into two levels, namely the national
and regional levels. The regional level selection
was the process to follow the Constitution
debate at the national level.
In 2011, the Constitutional Debate was
followed by 96 universities divided into six
regional divisions. The six regional divisions
were Regional Division I covering the regions
of Sumatra (consisting of 16 teams); Regional
Division II covering the regions of DKI Jakarta,
West Kalimantan and Central Kalimantan
(consisting of 16 teams); Regional Division III
covering the regions of West Java and Banten
(consisting of 16 team); Regional Division IV
covering the regions of Central Java and
DI Yogyakarta (consisting of 16 teams);
Regional Division V covering the regions of
East Java, Bali, NTT, NTB (consisting of 16
teams); and Regional Division VI covering the
regions of Sulawesi, Maluku, North Maluku,
Papua (consisting of 16 teams). Meanwhile,the Constitutional Debate at the national
level was followed by 24 teams that had
won at the regional level.
With the evaluation by 32 judges who
were experts of state administration as well
as lecturers from various universities, the
Constitutional Debate 2011 was expected
to encourage the improvement of college
students’ ability in explaining the constitutional
text (articles of the 1945 Constitution) withthe development of administrative practices
following the amendment to the 1945
constitution as well as to develop the
culture of different opinions in a constructive
way in understanding the implementation of
the amendment to the 1945 Constitution.
The topics discussed were adapted to the
constitutional issues that became the hot
issues among the people, namely among
other things, the expansion of the Authority
of the Constitutional Court in the Settlement
of Disputes over General Election of the
Regional Head, Death Penalty for Corruptors,
Inquiry Rights in the Presidential System,
Election of Governor of Yogyakarta, Authority
of the Constitutional Court in Deciding
upon Constitutional Questions, Authority of
the Constitutional Court in Deciding upon
Constitutional Complaints. In the end, the
2011 Constitutional Debate which was held
during the period of May 3 – July 8,
2011 for selection at the regional level
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 195/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011170
and July 25 – 27, 2011 for the final level,
recorded Gadjah Mada University (UGM) as
the First Winner of the 2011 Constitutional
Debate, followed by Andalas University as
the runner up.
Quiz for Sight-Disabled Students
The amendment to the 1945 Constitution
as part of reforms demands conducted ina series consisting of four stages in the
sessions of the People’s Consultative Assembly,
not only increased the number of chapters,
articles, and paragraphs, but has also added
and improved the constitutional system of
Indonesia. This resulted from the constitutional
reform, as the 1945 Constitution has been
improved so it has become more modern and
democratic due to the inclusion of various
new legal and constitutional thoughts into
the formulation of the constitution.
The amendment to the 1945 Constitution
contains more complete human rights
than before the amendment to the 1945
Constitution. Constitutional rights are inherent
in every citizen, including sight disabled
people. Some of these constitutional rights
are, among others, that every person has
the right to develop themselves through the
fulfillment of basic needs, and is entitled to
obtain education and benefit from scienceand technology, arts and culture. In relation
to the constitutional rights of sight-disabled
citizens, the Constitutional Court has published
the 1945 Constitution books in Braille that
have been distributed to sight-disabled
citizens. With the 1945 Constitution in made
Braille format, sight-disabled people are
expected to be able to open the access
to understanding the constitution of their
country and then become more active in
participating in development in accordancewith their potentials, jobs and activities.
Vice Chief Justice of theConstitutional Court (MK)
Achmad Sodiki and theSecretary General of the
Constitutional Court JanedjriM. Gaffar had their photo
taken together with theWinners of Quiz Competition
“Understanding the 1945Constitution for Sight-
Disabled Students of JuniorHigh School in Indonesia
Year 2011”. The 1st winnerwas SLB A Perwari Kuningan
(Jeri Sopiandi & YantiRusyanti), the 2nd Winner
was State SLB A I Pemalang(Reni Riyan & Clinton) andthe 3rd Winner was SLB A
Payakumbuh (Miftahul NoviAnshary & Andika Firnanda),
Sunday (29/5) in the Lobbyof the Plenary Courtroom
of the Constitutional CourtBuilding.
Public Relations of the ConstittionalCourt/ Prana Patrayoga
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 196/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 171
DEVELOPING THE SYNERGY OF THECONSTITUTIONAL COURT, RESEARCH, AND
PANCASILA EDUCATION
In order to share the responsibility for
disseminating the understanding of the 1945
Constitution among sight-disabled people, the
Constitutional Court held a competition activity
of understanding the 1945 Constitution among
sight-disabled students of SMPLB. These
activities would be implemented in the form of
Quiz in Understanding the 1945 Constitution
of the State of the Republic of Indonesia for
sight-disabled students of junior high schools.This activity was expected to increase the
understanding among sight-disabled students
particularly of junior high school level (SMPLB
A) of the 1945 Constitution as well as to
encourage the development of awareness and
adherence of sight-disabled students to the
1945 Constitution. The activities were carried
out from May 27 to 29, 2011, attended by
sight-disabled students of the Extraordinary
Junior High Schools (junior high school level)
in Indonesia which were divided into 36teams representing their respective schools
from 19 provinces. The number of participants
in 2011 increased from that in 2010, which
was attended by 27 teams. The question
materials of the Quiz of “Understanding the
1945 Constitution for sight-disabled Students
of Junior High Schools in Indonesia” were
about the articles of the 1945 Constitution,
as well as the understanding of such articles.
Previously, all participants had been equipped
with the 1945 Constitution books in Braille
published by the Constitutional Court. In
2011, the First Winner of the Quiz for
Blind Students was SLB A Perwari Kuningan
followed by State SLB A I Pemalang as the
Second Winner and SLB A Payakumbuh as
the Third Winner.
Paper on the Constitutional Court
The existence of the Constitutional Court (MK)as one of the executors of judicial power is
a new state institution in the Indonesian state
system, which has a parallel position with the
Supreme Court (MA). The establishment of the
Constitutional Court is intended to provide
legal way to resolve matters closely related
to the state administration, state system, and
political life. Therefore, a conflict related to
the aforementioned two issues will not evolve
into a state-political conflict and anarchy
without the any established, transparent andaccountable settlement method, but which
are managed in an objective and rational
manner as legal disputes that are resolved
legally.
Since its establishment in 2003, the
Constitutional Court has played an enormous
role in the state system in Indonesia. The
next role of the Constitutional Court was
to guard the reform process in Indonesia
which also affects the existing social andpolitical order. In connection with such facts,
it is deemed necessary to put in efforts to
conduct reviews and dissemination to all levels
of society in a continuous and sustainable
manner. Along with that, in order to improve
the academic study and public understanding
of the presence of the Constitutional Court,
the Paper Writing Contest was organized.
The Paper Writing Contest of the Constitutional
Court was held with the objectives to improve
the public understanding on the existence
of the Constitutional Court as a new state
institution in the state system of Indonesia
and as one of the executors of judicial
power in Indonesia and also to encourage
the development of critical thinking of the
public in understanding the presence of the
Constitutional Court. Moreover, this activity
was also expected to stimulate culture of
writing among the community in enhancing
the appreciation and understanding of the
Constitutional Court.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 197/273
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 198/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 173
DEVELOPING THE SYNERGY OF THECONSTITUTIONAL COURT, RESEARCH, AND
PANCASILA EDUCATION
Until now, the Constitutional Court can
carry out its constitutional duties in an
uninterrupted and proper manner, being
inseparable from the support and participation
of all parties. One is the role of the mass
media in publicizing the institution of the
Constitutional Court, the decisions of the
Constitutional Court, and the activities of
the Constitutional Court. Within that scope,
the Constitutional Court has endeavored toappreciate the work of journalistic photo
resulting in the publication of the activities
of the Constitutional Court in the media
through the Constitutional Court’s Journalistic
Photo Contest 2011. This activity was also
conducted in order to motivate journalists
to provide the best work in their respective
fields. Participants of the Constitutional
Court’s Journalistic Photo Contest 2011 were
photographers whose pictures had appeared
in the print media (newspapers or magazines).The photo objects were the Constitutional
Court and other objects relating to the
Constitutional Court or the authority of the
Constitutional Court.
Constitution Exhibition
Photos often become silent witnesses of the
track records in the history of a person,
an institution, or a place. This is oftenexpressed as the needs for photo and video
documentation is one of the most important
facilities in the dissemination of information.
In this connection, the Constitutional Court
as a new institution tried to introduce itself
to the community, including by organizing
a photo exhibition on “The History of
the Constitutional Court as a Clean and
Transparent Judicial Institution”.
Through the photo exhibition held from June27 up to July 2, 2011, the Constitutional
Court sought to disseminate the history of the
Constitutional Court and the Constitution in
the community through photo documentation.
Moreover, this activity was also expected
to provide complete and comprehensive
information to the public about the history
of the Constitutional Court as a clean and
transparent judicial institution through the
photos.
Constitution Media Award
Mass media and democracy are inseparable.
Each has a long history and both have a
continuous relationship with one another.
The mass media serves as a controller and
supervisor of the course of democracy and
government administration system. The mass
media is essential in a democracy because
it is expected to bridge between government
and society and to improve the political
aspirations of the community.
As the guardian of democracy, the
Constitutional Court prioritizes transparency
and accountability. Transparency to the public
is done by the Constitutional Court through
the service to the public, especially for
justice seekers. Moreover, the Constitutional
Court has established good relationship and
cooperation with various parties, especiallythe mass media as one of the pillars of
democracy.
To give an appreciation of the mass media’s
attention and awareness in the field of
state system and constitutional awareness in
Indonesia, the Constitutional Court expressed
its appreciation through the Constitution Media
Award 2011. This activity was also intended
to motivate the citizens of Indonesia to
further increase dedication to constitutionalawareness in the field of broadcasting and
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 199/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011174
information dissemination through the mass
media. In 2011, the Constitutional Court
divided the parties into two categories to get
the Constitution Award, namely the daily print
public media and television electronic media.
The winners of the 2011 Constitution Media
Award for Print Media category were Kompas,
Seputar Indonesia and Media Indonesia.
Constitution Award for CivicsTeachers
Teachers play an important role as agents
of change in spreading the culture of
constitutional awareness to their students.
The large number of students who become
the potential factor for building a culture of
constitutional awareness. Moreover, students
are expected to become future leaders
and future generations as well as to have
constitutional awareness. In the endeavorto pay attention to and to support Civics
The recipients of theConstitution Award for CivicsTeachers at the National level2011 for High School Level at
Putri Duyung Cottage.
Public Relations of the ConstitutionalCourt/ Prana Patrayoga
(PKn) teachers who have a strategic role
in disseminating information about the
Constitutional Court and the culture of
constitutional awareness among students, the
Constitutional Court considered it important
to organize the activities of constitutional
awareness education and the presentation of
the Constitution Award to Civics teachers.
Based on such thought, the Constitutional
Court in cooperation with the Ministry of
National Education (Kemendiknas) and the
Ministry of Religious Affairs (Kemenag) would
organize activities of the Education of
Constitutional Awareness and the Presentation
of “Constitutional Award” for Civics Teachers
at the National Level. It was intended to
encourage the improvement of the spirit and
motivation of civics teachers in performing
their duties to develop the intellectual life of
the nation, to encourage the development ofthe culture of constitutional awareness among
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 200/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 175
DEVELOPING THE SYNERGY OF THECONSTITUTIONAL COURT, RESEARCH, AND
PANCASILA EDUCATION
Civics teachers and students, to encourage
the development of participation of civics
teachers in an objective and constructive
manner in the performance of duties and
authority of the Constitutional Court and
the duties of the government, as a form of
attention and respect of the Constitutional
Court, the Ministry of National Education
and the Ministry of Religious Affairs for the
dedication of Civics teachers.
The recipients of the 2011Constitution
Award for National Civics Teachers with
achievements for high school level were Barjo
Nugroho (SMAN I Purwantoro), Lusia Ernie
Fernandez (SMAN 3 Kupang), and Aminah
(SMAN I Padang). Meanwhile, the recipients
of the Constitution Award for National Civics
Teachers with achievements for junior high
school level were Eko Winarno (SMP UPTD
7 Tegal), Virene Irida Pramudyaningrum (SMPStella Matutina) and Ira Kristina (MTsN I
Malang). Subsequently, the recipients of
the Constitution Award for National Civics
Teachers with achievements for elementary
level were Sucandi (SDN Kebonsari 01), Lilik
Fathku Diniyah (MIN Al Amin Magelang), and
Fauziah (Min Sei Agul Medan).
Moot Court
Pursuant to Article 24C of the ThirdAmendment to the 1945 Constitution which
was stipulated on November 9, 2001, the
Constitutional Court is one of the executors
of judicial power in the state system of
Indonesia. It is also regulated in the 1945
Constitution, whereby the Constitutional Court
has four areas of authority, namely to hear
at the first and final level whose decision
shall be final, in conducting judicial review
of laws under the 1945 Constitution, to
decide upon disputes over the authorityof state institutions granted by the 1945
The atmosphere ofthe 2011 Moot CourtCompetition for Universitylevel in Indonesia.
Public Relations of the ConstitutionalCourt/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 201/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011176
Constitution, to decide upon the dissolution of
political parties, and to decide upon disputes
concerning the results of General Elections
as well as one obligation, namely to decide
upon the opinion of the People’s Legislative
Assembly concerning the alleged violations by
the President and/or Vice President pursuant
to the 1945 Constitution.
In performing its adjudication authority, theprocedural law which functions to enforce the
substantive law and to regulate the hearing
process is required. One of them is in the
proceedings of Judicial Review of Law (PUU).
The adjudication is organized under the
procedural law regulated in the Constitutional
Court Law (UU MK) and Constitutional Court
Regulation (PMK).
To support the uninterrupted judicial process,
the parties related to the hearing need tohave the knowledge, understanding, and
skills of proceedings. On the other hand,
at its age of 8 year, the many people
still have no idea of the procedural law in
the Constitutional Court. This is what lies
behind the Constitutional Court’s organizing
the Moot Court Competition for university
level in Indonesia 2011 (Moot Court 2011)
with the aim to provide education and
dissemination of knowledge, understanding,
and proficiency in the proceedings of the
Constitutional Court.
As the forum to disseminate the procedural
law in the Constitutional Court, the first Moot
Court 2011 raised the big theme the Moot
Court competition for Universities Level in
Indonesia 2011 namely Judicial Review of
Law (PUU) under the 1945 Constitution, with
the provisions of articles and or Law that
have not been decided upon, including those
being reviewed in the Constitutional Court.
This event was attended by teams of college
students representing each college from all
over Indonesia who had to come from the
Law Faculty. As many as 53 universities across
Indonesia were recorded to participate in the
activities held during November 10-13 2011.
In the end, Andalas University became the
First Winner of the Moot Court 2011 followed
by Gadjah Mada University and Parahyangan
Catholic University as the Second Winnerand the Third Winner.
Colloquium
The stipulation of the fourth amendment to
the 1945 Constitution at the Annual Session
of the People’s Consultative Assembly in 2002
marked a new era of the implementation
of national and state system. A constitution
being the product of reform was producedas the constitutional framework for building
a new Indonesia that would be more just,
dignified, and fair. The year 2002 and the
following years became a phase of improved
consolidation, with the hope for more
democratic and modern state administration
so as to facilitate collective efforts to realize
the aim of the state administration as well
as to reduce the possibility of recurrence of
a repressive and authoritarian state.
The consolidation phase of the constitution
should become the agenda of all elements
of the nation considering that constitutional
changes have fundamentally revolutionized the
construction of the 1945 Constitution. One
of the requirements for the Constitution to
be implemented is the understanding of the
constitution by all elements of the nation
because in the end, the level and quality
of democracy in Indonesia will be largely
determined by how far the constitution has
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 202/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 177
DEVELOPING THE SYNERGY OF THECONSTITUTIONAL COURT, RESEARCH, AND
PANCASILA EDUCATION
been understood by the state administrators
and the people as the holders of sovereignty.
The Constitution is a reflection of the
will of the people who must always be
present in every breath of state policy. The
Constitution is the pulse of the people’s
aspirations regarding their ideals, hopes, and
future. Therefore, the dissemination of the
constitution is an urgent agenda which must
be implemented.
The Constitutional Court (MK) is a state
institution established under the amendments
to the 1945 Constitution. The Constitutional
Court has a strategic role because it has
authority to hear and to conduct judicial
review laws under the 1945 Constitution, to
decide upon disputes over the authority of
the state institutions whose authorities are
granted by the 1945 Constitution, to decide
upon the dissolution of political parties,and to decide upon disputes concerning
the results of general elections. Given the
importance and the strategic role of the
Constitutional Court, it is considered necessary
for the existence of this new institution to
be known to and understood by various
circles, both in the aspects of its position,
function and authority within the framework
of the new state system. On the basis
of such consideration, considering that the
Constitutional Court is a new state institution,it is deemed necessary and essential for
presence of this institution to be known to
and understood by all people, both in the
aspects of position, authority, obligations
and on progress of the implementation of
its duties or concerning its procedural law.
For this reason, the Constitutional Court
took the initiative to hold a colloquium with
various circles. In 2011, the Constitutional
Court conducted a colloquium with Aisiyah,
the General Election Supervisory Board ofthe Republic of Indonesia, Students’ Executive
Constitutional CourtJustice Hamdan Zoelva(right) in a colloquium formembers of the GeneralElection Commissionand the Regional GeneralElection Commission.
Public Relations of the ConstitutionalCourt/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 203/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011178
Board of the University of Indonesia, Fatayat
NU, Leimena Institute, Cipayung Group, the
Ministry of Religious Affairs, the Ministry
of Education and Culture, the General
Election Commission, Muslimat NU, Youth of
Muhammadiyah, the National Police of the
Republic of Indonesia, Puan Amal Hayati, the
Army of the Republic of Indonesia, the Navy
of the Republic of Indonesia, the Air Force
of the Republic of Indonesia, as well asPusat Syarikat Islam and Central Leadership
of Wanita Syarikat Islam.
Media Publicat ions of theConstitutional Court
The role of a judicial institution changes over
time due to external influences that position
the legislative and the executive at the same
level as the legislative and policy makers.Therefore, the judiciary is required to play
an active role by taking the corrective role
and by prioritizing judicial activism. In addition,
other external factors are the people are
becoming more concerned with information,
the mass media’s major role, as well as
the perspective of transparency, accountability
and freedom to obtain information.
The demands and awareness for the justices
to apply the law in cases they handle inan impartial and transparent manner, for the
courts to meet the principles of democracy
by increasing accountability and transparency,
for judicial administration to be held in
an efficient, quality, and responsive manner
according to the needs of the justice seekers
become very strong internal factors which
influence the change in the role of the
judicial institution. The strengthened role of
the judicial institution in the aforementioned
context needs a breakthrough to furtherensure its accountability. In addition to the
traditional accountability such as appeal
mechanisms, discipline and evaluation of
the performance of the justices, based on
Voermans studies, modern accountability is
also required in the form of the public’s
right to know and obtain information about
the courts and judicial procedures, including
information about the decisions and judicial
administration.
In relation to the transparent information,
the Constitutional Court took the initiative to
publish some of media products in order to
disseminate its presence as a new institution
and to enhance the culture of constitutional
awareness among the public. Some media
publication products are KONSTITUSI Magazine,
MK TV, MK Radio, and books published by
the Secretariat General of the Constitutional
Court and Konpress Publisher. Not forgotten
is the good relationship between theConstitutional Court and the mass media
which becomes one of the external factors
creating transparency and accountability
of the Constitutional Court as a judicial
institution.
Konstitusi Magazine
In 2001, the Court also published “Konstitusi”
magazine once in every month. TheKonstitusi magazine informs the activities of
the Constitutional Court, in particular the
development of the case hearings and the
activities of the Constitutional Court through
the Main Report and the Courtroom rubrics.
In addition, people who want to write about
their views are given the opportunity to write
both for Opinion, Letters from Readers and
Review rubrics.
The Konstitusi magazine also presents generalknowledge presented in several rubrics,
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 204/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 179
DEVELOPING THE SYNERGY OF THECONSTITUTIONAL COURT, RESEARCH, AND
PANCASILA EDUCATION
Konstitusi Magazine in 2011.
P u b l i c R e l a t i o n s o f t h e C o n s t i t u t i o n a l C o u r t /
G a n i e ]
including Classical Literature, Literature,
Law Dictionary, Traces of the Constitution
(profiles of the founding fathers), Horizon
(Constitutional Courts in various countries),
Various Figures, and Konstitusiana which
contains various unique and interesting
stories. Konstitusi magazine is distributed
free of charge to all stakeholders. Those
who have not obtained it can download
it at www.mahkamahkonstitusi.go.id. It was
recorded during 2011 that 11 editions werecreated and distributed and 1 edition in the
printing process.
MKTV and MK RADIO
Since August 2005 up to date, the
Constitutional Court has operated a television
program of the Constitutional Court (MKTV)
and MK Radio. Access to this information
is a means for communities throughout thecountry to enrich and to find out information
about the Constitutional Court, the hearings
of the Constitutional Court, and the latest
hearing issues. The program can be enjoyed
by the general community and is realized
in cooperation with RRI throughout Indonesia.
Information on hearings and various activities
of the Constitutional Court can be accessed
by all the people throughout Indonesia.
This program is expected to contribute to
building the culture of constitutional awareness
among the community in relation to theirconstitutional rights guaranteed in the 1945
Constitution.
This is similar to the purpose of the launching
of MKTV program under the banner of Demi
Gisela in 2011. Some programs which become
the mainstay programs of MKTV to develop
the culture of constitutional awareness, namely
among other things, MK Files (broadcasted by
TVOne), Berita MK (broadcasted by TVOne
and Metro TV), Suara Anda Suara Konstitusi(Metro TV), as well as Jurnal MK (TVRI).
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 205/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011180
Book Publication
In 2011, several times the Secretariat General
and the Registrar’s Office of the Constitutional
Court also compiled and published books on
issues of state administration, procedural law,
constitution, democracy and general elections.
In addition, the Constitutional Court has also
reprinted the Profile the Constitutional Court
(reprint), Textbook of Procedural Law in theConstitutional Court (reprint), Compilation on
the Constitutional Court and Democracy by
Constitutional Justice Ahmad Fadlil Sumadi,
Technical Guidelines on the proceedings in
cases of dispute over the results of General
Election of regional head and deputy regional
head etc.
The Constitutional Court has a strategic role
for the development of science for society.
Not many state agencies and institutionsare trying to position the community as an
important part in its institutional development.
This endeavor is also important because it
also helps build the constitutional awareness.
Publication of scientific literature in the
Constitutional Court has the theme of the
Constitution, constitutional law, and the
procedural law the Constitutional Court.
The Constitutional Court and theMass Media
As a judicial institution prioritizing transparency
and accountability, the Constitutional Court
always tries to open itself to the community.
One way in which the Constitutional Court is
establishing cooperation with the mass media.
The mass media functions as a medium
of information, education, entertainment andsocial control which can also be used to
fulfill the public’s right to know and uphold
the basic values of democracy.
The mass media plays an important role
for the development of the Constitutional
Court for eight years of its existence, such
as the dissemination of the decisions of
the Constitutional Court. For example, one
day after the Constitutional Court’s decision
is pronounced, the public can access thedecision fully and comprehensively through
the print media. National media which often
publish decisions of the Constitutional Court
during 2011 are, among others, Koran
Tempo, Republika, Seputar Indonesia, Media
Indonesia, Indo Pos, Koran Jakarta, Suara
Karya, Republika, as well as Gatra.
Table 19
Recapitulation of Publication of the Decisions in the Mass Media in 2011
No. Case Number Publica on Date Mass Media
1. Case Number 23/PUU-VIII/2010 and Case Number26/PUU-VIII/2010 (Judicial Review of Law No.27/2009 concerning the People’s Consulta veAssembly, the People’s Legisla ve Assembly, theRegional Representa ve Council, and the RegionalPeople's Legisla ve Assembly)
January 12, 2011 Koran TempoSeputar IndonesiaRepublikaMedia IndonesiaIndo PosGatra
2. Case Number 8/PUU-VIII/2010 (Judicial Review ofLaw No. 26/1954 concerning Right of Inquiry ofthe People’s Legisla ve Assembly)
January 31, 2011 Koran TempoSeputar IndonesiaRepublikaMedia Indonesia
Rakyat MerdekaSuara KaryaIndo PosGatra
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 206/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 181
DEVELOPING THE SYNERGY OF THECONSTITUTIONAL COURT, RESEARCH, AND
PANCASILA EDUCATION
3. Case Number 5/PUU-VIII/2010 (Judicial Reviewof Law No. 11/2008 concerning ElectronicInforma on and Transac on)
February 24, 2011 Koran TempoRepublikaSuara KaryaIndo Pos
4. Case Number 1/PUU-VIII/2010 (Judicial Review ofLaw No. 3/2007 concerning Juvenile Court)
February 24, 2011 Seputar IndonesiaMedia IndonesiaKoran TempoRepublikaGatra
5. Case Number 3/PUU-VIII/2010 (Judicial Reviewof Law No. 27/2007 concerning Management ofCoastal Areas and Small Islands)
June 16, 2011 Seputar IndonesiaMedia IndonesiaKoran TempoRepublikaGatra
6. Case Number 5/PUU-IX/2011 (Judicial Reviewof Law No. 30/2002 concerning the Corrup onEradica on Commission)
June 20, 2011 Koran TempoSeputar IndonesiaMedia IndonesiaSuara KaryaRakyat MerdekaIndo PosRepublikaGatra
7. Case Number 12/PUU-VIII/2010 (Judicial Reviewof Law No. 36/2009 concerning Health)
June 27, 2011 Koran TempoSeputar IndonesiaMedia IndonesiaRepublika
8. Case Number 15/PUU-IX/2011 (Judicial Review ofLaw No. 2/2011 concerning Amendment to LawNo. 2/2008 concerning Poli cal Par es)
July 6, 2011 Seputar IndonesiaMedia Indonesia
9. Case Number 35/PUU-IX/2011 (Judicial Review ofLaw No. 2/2011 concerning Amendment to LawNo. 2/2008 concerning Poli cal Par es)
August 4, 2011 Koran TempoSeputar IndonesiaMedia IndonesiaRepublikaGatra
10. Case Number 65/PUU-VIII/2010 (Judicial Reviewof Law No. 8/1981 concerning the CriminalProcedure Code)
August 8, 2011 Koran TempoSeputar IndonesiaMedia IndonesiaRepublika
11. Case Number 62/PUU-VIII/2010 (Judicial Reviewof Law No. 37/2008 concerning Ombudsman ofthe Republic of Indonesia)
August 18, 2011 Indo PosMedia IndonesiaSeputar IndonesiaGatra
12. Case Number 55/PUU-VIII/2010 and Case Number37/PUU-IX/2011 (Judicial Review of Law No.18/2004 concerning Planta on)
Sep tember 19 ,2011
Koran TempoSeputar IndonesiaMedia Indonesia
RepublikaGatra
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 207/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011182
13. Case Number 58/PUU-VIII/2010 and Case Number29/PUU-IX/2011 (Judicial Review of Law No.20/2003 concerning Na onal Educa on System)
Sep tember 29 ,2011
Koran TempoSeputar IndonesiaMedia IndonesiaRepublikaGatraSuara Karya
14. Case Number 2/PUU-IX/2011 (Judicial Reviewof Law No. 18/2009 concerning Livestock andAnimal Health)
October 6, 2011 Seputar IndonesiaMedia IndonesiaSuara Karya
15. Case Number 48/PUU-IX/2011 (Judicial Reviewof Law No. 8/2011 concerning Amendment toLaw No. 23/2004 concerning the Cons tu onalCourt)
October 18, 2011 Koran TempoSeputar IndonesiaMedia IndonesiaGatra
16. Case Number 49/PUU-IX/2011(Judicial Reviewof Law No. 8/2011 concerning Amendment toLaw No. 23/2004 concerning the Cons tu onalCourt)
October 18, 2011 Suara KaryaSeputar IndonesiaMedia IndonesiaRepublikaGatra
17. Case Number 34/PUU-VIII/2010 (Judicial Reviewof Law No. 36/2009 concerning Health)
November 1, 2011 Seputar IndonesiaMedia IndonesiaRepublika
18. Case Number 108/PHPU.D-IX/2011 (Disputes onthe Results of 2011 General Elec on of RegionalHead of Aceh Province)
N o v e m b e r 2 5 ,2011
Rakyat Aceh
To facilitate access and to support the
performance of journalists in both printed
and electronic media, the Secretariat General
of the Constitutional Court provides a Media
Center room. The room is provided with
facilities such as personal computers (PC)
with internet access network. To facilitate
the understanding of information, the PublicRelations of the Constitutional Court always
provides press release materials and layout of
the hearing and the list of attendance of the
parties at the hearing of the Constitutional
Court every day. Convenience for the press
members also becomes a concern with fast
and responsive service of the Public Relations
of the Constitutional Court so that the
activities of the Constitutional Court, whether
in relation to the judicial process or the
educational activities of the ConstitutionalCourt can be quickly disseminated through
the media.
Table 20
Recapitulation of the Media Monitoring the News on the Constitutional Court in PrintMedia in 2011
No. Name of Media TOTAL
1. Media Indonesia 834
2. Rakyat Merdeka 681
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 208/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 183
DEVELOPING THE SYNERGY OF THECONSTITUTIONAL COURT, RESEARCH, AND
PANCASILA EDUCATION
3. Seputar Indonesia 644
4. Suara Karya 504
5. Kompas 474
6. Indo Pos 472
7. Jurnal Nasional 421
8. Sinar Harapan 322
9. Republika 298
10. Suara Pembaruan 293
11. Harian Pelita 269
12. Koran Tempo 215
13. Jakarta Globe 211
14. Koran Jakarta 194
15. The Jakarta Post 157
16. Warta Kota 73
17. Duta Masyarakat 49
18. Majalah Tempo 31
19. Majalah Gatra 22
20. Majalah Forum 18
21. Majalah Trust 6
22. Sumut Pos 5
23. Waspada Medan 3
24. Harian Analisa Medan 2
25. Harian Global Medan 2
26. Pikiran Rakyat 2
27. Tribun Medan 2
28. Gilas 1
29. Harian Andalas Medan 1
30. Harian Mandiri Medan 131. Jawa Pos 1
32. Realitas Medan 1
33. Sinar Indonesia Medan 1Total 6210
Cooperation with the mass media has also
been conducted through the activities of
the Chief Justice of the Constitutional Court
Moh. Mahfud MD and General Secretary of
the Constitutional Court Janedjri M. Gaffar tobe resource persons in the talk shows at
national private television stations, such as
Metro TV, QTV, and TVOne. This also becomes
one of the ways for the Constitutional Court
to develop and increase the culture of
constitutional awareness among the public.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 209/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011184
Working Visit
During 2011, the Secretariat General and
the Registrar’s Office of the Constitutional
Court also fully supported the constitutional
court justices’ activities through working visits
to the various regions. Various activities of
working visit are intended to introduce the
Constitutional Court to the general public as
well as to expect the culture of constitutional
awareness to be embedded at all levels
of society. This activities were conducted
by the Chief Justice of the Constitutional
Court Moh Mahfud MD, Vice Chief Justice
of the Constitutional Court Achmad Sodiki,
and Constitutional Court Justice Harjono,
Constitutional Court Justice M. Akil Mochtar,
Constitutional Court Justice H.M. Arsyad
Sanusi, Constitutional Court Justice Muhammad
Alim, Constitutional Court Justice Maria Farida
Indrati, Constitutional Court Justice Fadlil
Sumadi Ahmad, and Constitutional Court
Justice Hamdan Zoelva.
A working visit of the constitutional justice
is generally conducted by a constitutional
court justice as a guest speaker, lecturer,
keynote speaker, scientific orator, participant,
to attend the inauguration of a doctorate
title, to deliver speech in the book review,
to open a conference and so forth. Related
activities are carried out to introduce the
Constitutional Court as a modern and
reliable judicial institution that discuss theissues of nationality, law and state system,
all being for the purpose of building a
culture of constitutional awareness and legal
development in Indonesia.
Visits of the College Students/Lecturers
A part of the enculturation of constitutional
awareness conducted by the Constitutional
Court is to receive visits by various groups
of college students, participants of the
education and training and lecturers. The
Justice Harjono (center)with the constitutional
court justices from variouscountries in the Court Room
of the Constitutional Court ofSouth Korea
Foto
Public Relations of the Constitutional Court/Fajar Laksono
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 210/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 185
DEVELOPING THE SYNERGY OF THECONSTITUTIONAL COURT, RESEARCH, AND
PANCASILA EDUCATION
visits of the various groups show the
enthusiasm of the people to recognize the
Constitutional Court as the institution which
is the guardian and interpreter of the
Constitution. This opportunity is used by
the Constitutional Court to introduce more
profoundly its functions and authorities to the
public. Especially when considering that the
Constitutional Court is located in the capital
city of the state, a visit is very useful toexpand the dissemination of information on
the Constitutional Court
Constitution Chat
The Constitutional Court is one of the judicial
institutions exercising judicial power which
is independent implementing adjudication to
uphold the law and justice. The existence
of the Constitutional Court is regulated in
the 1945 Constitution of the Republic ofIndonesia (hereinafter referred to as the
1945 Constitution) and further in Law Number
24 Year 2003 concerning the Constitutional
Court.
The Constitutional Court as a judicial
institution established as the result of the
amendment to the 1945 Constitution considers
it necessary to establish cooperation with
various partners in order to perform activities
in disseminating its duties and authorities.
Concrete support from various circles to the
Constitutional Court is highly expected so
that the implementation of the duties of the
Constitutional Court can be optimized and can
lead to the achievement of goals. One of the
partners of the Constitutional Court involved
in this is the Center for Constitutional Studies
in the various universities in Indonesia.
On the basis of these ideas, the Constitutional
Court planned activities for disseminating
information on the Constitutional Court and
the constitution in cooperation with regional
Centers for Constitutional Studies to carry
out the activities of constitution chats on
radio, with the expectation that the public
would become accustomed to the news
and information on the development of the
state system and the constitution. Therefore,
the culture of constitutional awareness will
be realized among the people of Indonesia.Constitution chat activities on radio which
would discuss political and constitutional
issues which are very useful to many parties,
namely among others; for internal parties
of the Constitutional Court (constitutional
court justices, structural officials of the
Constitutional Court and employees of the
Constitutional Court) and the Constitutional
Court’s institution for the purpose of
disseminating the development of its duties
and functions for the general public to bemore familiar with it.
In addition, these activities also benefit the
partners (Centers for Constitutional Studies,
Faculties of Law of Universities, Civics
educators and teachers, college students
and students, etc.) and stakeholders (political
parties, General Election Commission/Regional
General Election Commission, state institutions
and ministries, NGOs and other organizations)
to obtain information and news on the
Constitution and the Constitutional Court.
The activities are also expected to create
constitution-based society and a culture
of constitutional awareness, as well as to
increase the community’s understanding of
the Constitutional Court and the procedural
law in the Constitutional Court. In 2011,
the Constitutional Court has established
cooperation with 36 LPP.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 211/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011186
DYNAMICS OF THECONSTITUTIONALCOURT
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 212/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 187
DYNAMICS OF THECONSTITUTIONAL COURT
In the Indonesian state system, the
Constitutional Court as the product
of reform in this 2011 reached the
age of eight years in guarding the
state’s constitution. In this year also, the
Constitutional Court has experienced a
number of important events, where such
events were related to the replacement of
constitutional court justices, and the change
of the Chief Justice of the Constitutional
Court, as well as other important events.
The first event was, for example, the
replacement of constitutional court justice M.
Arsyad Sanusi by Anwar Usman. Proposed
by the Supreme Court (MA), Arsyad Sanusi
had resigned as a constitutional court
justice. To fill the vacancy, the Supreme
Court proposed Anwar Usman to replace
M. Arsyad Sanusi to be a constitutional
court justice.
Meanwhile, President Susilo Bambang
Yudhoyono on Wednesday (6/3), at 11:00
am, witnessed the taking of oath of
Constitutional Court Justice Anwar Usman at
the State Palace, Jakarta. Such appointment
was based on Presidential Decree.18/P Year
2011, stipulated on March 28, 2011.
In his curriculum vitae, Anwar Usman was
the 7th constitutional court justice proposed
by the Supreme Court and became the
18th constitutional court justice in the
Constitutional Court. He also has an
educational background of Bachelor’s Degree
(S1) at the Faculty of Law of Jakarta Islamic
University (1984), and Master’s Degree (S2)
from the Master of Law Study Program
of STIH IBLAM, Jakarta (2001), as well
as doctorate degree (S3) from the Study
Program of School Policy from University
of Gadjah Mada (2010).
Consolidation of the Constitutional
Court Justices
Foto
President SusiloBambang YudhoyonocongratulatedConstitution JusticeAnwar Usman afterbeing inaugurated at theMerdeka Palace, Jakarta,Wednesday (6/3).
Public Relations of the ConstitutionalCourt/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 213/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011188
After pronouncing his oath before the
President, Anwar Usman officially became
a constitutional court justice serving in the
Constitutional Court. He would immediately
join the 8 (ei ght ) other const itut ional
court justices, including Moh. Mahfud
MD (Chief Justice of the Constitutional
Court), Achmad Sodiki (Vice-Chief Justice
of the Constitutional Court), Ahmad Fadlil
Sumadi, Hamdan Zoelva, Harjono, Maria
Farida Indrati, Muhammad Alim, and M.
Akil Mochtar.
Meanwhile, the next important event was
the change of the position of Chief
Justice of the Constitutional Court during
the 2008-2011 period that was held by
Moh. Mahfud MD. However, on August 13,
2011, the post has ended. Therefore, on
August 18, 2011, At 14:00 pm, a public
hearing was held to elect the Chief Justice
of the Constitutional Court attended by
9 (nine) the constitutional court justices,
in the Plenary Room, Constitutional Court
Building, Jakarta.
The election process took place quite
quickly, namely that the election process
was held in one round only. In the voting
conducted by the 9 (nine) Constitutional
court justices, Moh. Mahfud MD (Chief justice
of the Constitutional Court for 2008-2011
period) acquired five votes, followed by
Constitutional Court Justice Harjono (Vice
Chief Justice of the Constitutional Court for
May-August 2008 period) who acquired two
votes. Meanwhile, the youngest Constitutional
court justice in the Constitutional Court,
Hamdan Zoelva, acquired one vote and
there was one abstention vote.
With the result of vote recapitulation, Moh.
Mahfud MD was stipulated to be the elected
as Chief Justice of the Constitutional Court
Atmosphere inthe election of the
Chief Justice of theConstitutional Court for2011-2014 period at thePlenary Court Room of
the Constitutional Court,Jakarta, Thursday (18/8).
Public Relations of the ConstitutionalCourt/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 214/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 189
DYNAMICS OF THECONSTITUTIONAL COURT
for the second period of 2011-2014. In his
curriculum vitae, Mahfud is better known
as a lecturer and Professor of Law at the
Faculty of Law of Universitas Islam Indonesia
(UII) in Yogyakarta since 1984.
Before serving as a constitutional court
justice, Mahfud MD had also served as
Minister of Defense of the Republic of
Indonesia (2000-2001), Minister of Justiceand Human Rights (2001), Rector of Islamic
University of Kadiri (2003-2006), member of
the People’s Legislative Assembly, Deputy
Chairman of the Legislative Board of the
People’s Legislative Assembly of the Republic
of Indonesia (2007-2008).
Then on Monday, August 22, 2011, at the
Plenary Court Room of the Constitutional
Court, Moh. Mahfud MD who had been
elected as Chief Justice of the Constitutional
Court took the oath in the presence of
eight other constitutional court justices
accompanied by their wives. That oath
taking was also witnessed also by the
chairpersons of both government institutions
and non-governmental institutions.
Meanwhile, in his speech, Mahfud said
that the election of Chief Justice ofthe Constitutional Court for the 2011-
2014 period was very sterile from any
money game issue or political pressure or
threats. This signed the independency of
Constitutional court justices, and that they
could not be influenced by names being
proposed by any person, including the
institutions which had nominated them.
Foto
Oath taking of theelected Chief Justice ofthe Constitutional Court,Moh. Mahfud MD, forthe period of 2011-2014,Jakarta, Monday (22/8), atthe Plenary Court Roomof the ConstitutionalCourt.
Public Relations of the ConstitutionalCourt/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 215/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011190
Joint Activities of ConstitutionalCourt Staff
The success of an organization in achieving
its stipulated purpose is determined by the
success of the employees in performing
the tasks to support the authority of
constitutional court justices. Similarly,
the success of an institution like the
Constitutional Court in performing its
judicial authori ty and obligations cannot be
separated from the role of the leadership
and structural staff within the purview of
the Constitutional Court.
Based on the foregoing, at the breaks of
their activities of performing state duties,
the 9 (nine) constitutional court justices
conduct various activities together with the
staff and employees of the Secretariat
General and Registrar’s Office of the
Constitutional Court. Such activities are
intended to maintain good relationship
and to build a professional work ethics
in an effort to improve the performance
and success of the employees in carrying
out their state duties.
The first activity, for example, was held
on April 19, 2011, which was a friendship
gathering of the justices on the 8th floor
Constitutional Court Building. That event was
attended also by a number of structural
officials of the Constitutional Court, including
Secretary General of the Constitutional Court
Janedjri M. Gaffar and Registrar of the
Constitutional Court Kasianur Sidauruk.
They gathered not to discuss important
decisions that would be passed. The meeting
was held for the purpose of friendship and
friendly gathering of fellow constitutional
court justices and the officials of the
Constitutional Court. Thus, the activity
created a fully relaxed and family-like
atmosphere in the room.
Internal Activities of the
Constitutional Court JusticesChief Justice of theConstitutional Court
(MK), Moh. MahfudMD with Constitutional
Court Justices Harjono,Maria Farida Indrati,
and Anwar Usman in afriendly gathering with
all employees, especiallythe Secretary General
of the ConstitutionalCourt Janedjri M. Gaffar
and the Registrar ofthe Constitutional Court
Kasianur Sidauruk, atthe 8th oor of the
Constitutional CourtBuilding on Tuesday
(19/4).
Public Relations of theConstitutional Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 216/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 191
DYNAMICS OF THECONSTITUTIONAL COURT
The next activity was in the form of
guidance and enlightenment by Chief Justice
of the Constitutional Court, Moh. Mahfud
MD, accompanied by Secretary General
of the Constitutional Court Janedjri M.
Gaffar to all staff and employees of the
Constitutional Court, in the Hall at the
Ground Floor of the Constitutional Court
Building, Jakarta. In his briefing on July 29,
2011, Mahfud emphasized the importanceof all employees’ maintaining the credibility
of the Constitutional Court in upholding
the law and justice.
The Constitutional Court has been formed
because law cannot be enforced properly
without one that guards it. So the main task
of the Constitutional Court is to enforce
law and justice at all levels in guarding
the enforcement of the constitution.
Meanwhile on August 13, 2011, the
Constitutional Court entered its eighth
anniversary. Therefore, on Friday, August 12,
2011, the Constitutional Court held its 8th
Anniversary Commemoration Ceremony, in
front of the Constitutional Court Building,
Jakarta. At this time, Chief Justice of
the Constitutional Court, Moh. Mahfud MD
became the inspector of the ceremony,
accompanied by other constitutional court
justices.
Also present at the ceremony were echelon I
and echelon II officials, as well as structural
employees in the Constitutional Court. In
his speech, Mahfud said that during the
period of eight years, the Constitutional
Court had experienced in the dynamics
of its constitutional duties. It cannot be
disputed that the Constitutional Court had
carved valuable experiences in the life as
a state and based on the constitution.
Since the establishment of the Constitutional
Court until today, at least the Constitutional
Foto
Chief Justice of theConstitutional Court, Moh.Mahfud MD accompaniedby Secretary-Generalof the ConstitutionalCourt Janedjri M. Gaffarprovided guidance
and enlightenmentto all the staff of theConstitutional Court onFriday (29/7), in the Hallat the Ground Floor ofthe Constitutional CourtBuilding.
Public Relations of the ConstitutionalCourt/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 217/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011192
Court has received a total of 855
constitutional cases. This indicates the public’sgreat expectation for the Constitutional Court
to settle constitutional issues that were
previously unavailable.
The same day of August 12, 2011 coincided
with the month of Ramadan. In that month,
all Muslims are required to perform religious
worship of fasting. Under this situation, they
have to re-attach the good relationship
between the Constitutional Court Justices
and the employees of the ConstitutionalCourt, and the Constitutional Court held
a joint fast-breaking with constitutional
court justices and all employees of in
the Constitutional Court, which was also
made an event of the friendship gathering
between constitutional court justices and
former constitutional court justices.
In the current period and the previous
period, the Idul Fitri 1432 H was intended
to enhance charity and devotion of religious
worship of fasting performed throughout
the month of Ramadhan, as well as toenhance brotherly relationships both among
constitutional court justices and employees
of the Constitutional Court, on 6 September
2011, and then the Constitutional Court
held halal bihalal.
In his advice, Mahfud MD said that
apologizing to fellow human beings is a
matter of humanity rather than a matter
of religion, as any religion teaches human
beings to love one another. To that end,to the brothers of any religion, let us
love and forgive one another and shown
by Prophet Muhammad SAW.
In addition, to increase the understanding
and significance of the history in the
constitution, a judicial institution such
as the Constitutional Court performs
var ious anniversary commemorat ion
ceremonies considered necessary in order
to create constitutional awareness, such
Chief Justice of theConstitutional Court,
Moh. Mahfud MD gaveadvice in the halal bihalal
of the big family of theConstitutional Court,
Tuesday (6/9).
Public Relations of the ConstitutionalCourt/Yogi
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 218/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 193
DYNAMICS OF THECONSTITUTIONAL COURT
as the commemoration day of Kesaktian
Pancasila with the theme, “With the
Commemoration of the Kesaktian Pancasila
Day, we Strengthen the Spirit of Unity and
Integration of Indonesia with Character.” The
commemoration ceremony was carried out
on October 3, 2011.
Me a n wh i l e , on Oc tobe r 28 , 2 011 ,
the Constitutional Court also held acommemoration ceremony of the 83rd Youth
Pledge Day in 2011. Then, on November
10, 2011, the Constitutional Court also held
a Commemoration of the Heroes’ Day with
the theme of “With the Spirit of Heroism,
We Build the Character of the Nation.”
All such ceremonies were held openly in
front of the Constitutional Court Building,
Jakarta, with the expectation of creating
openness and closeness of the ConstitutionalCourt with the community. This is in
accordance with the Constitutional Court’s
mission namely, “Realizing the Constitutional
Court as A Modern and Credible Branch
of Judicial Power.” and “Building the
constitutionality of Indonesia and the Culture
of Constitutional Awareness.”
Papers
At the breaks of his activities, Hamdan
Zoelva as the youngest constitutional court justice of the Constitutional Court inst itution,
in 2011, took time to write a paper in the
form of a book entitled “The impeachment
of President in Indonesia,” which was
published by Sinar Grafika Publisher.
In this book, the author carefully outlines
the issue of presidential impeachment
with a review of law and politics which
are intertwined with the presidential
impeachment process in Indonesia. Inaddition, the author also describes the
regulation of impeachment in the Amended
Foto
Chief Justice of theConstitutional Court, Moh.Mahfud MD accompaniedby Secretary-Generalof the ConstitutionalCourt Janedjri M. Gaffarprovided guidanceand enlightenmentto all the staff of theConstitutional Court onFriday (29/7), in the Hallat the Ground Floor ofthe Constitutional CourtBuilding.
Public Relations of the ConstitutionalCourt/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 219/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011194
1945 Constitution, the mechanism of
impeachment, the reason for impeachment,
and impeachment process and forum.
The book is also supplemented with a critical
review of the impeachment of President
Sukarno and President Abdurrahaman
Wahid based on the 1945 Constitution
before the amendment and also describes
the comparison of impeachment betweenthe Constitution of Indonesia and the
Constitutions of the United States, Germany,
Philippines, South Korea, and Lithuania.
With sharp and objective legal and political
analysis, the book which is derived from
dissertation with cum laude predicate will
take the reader into a full understanding
of impeachment. The book is also special
because it was written by a former Member
of the ad hoc Committee III/I BP MPRwho was intensively involved in formulating
the draft articles on impeachment in the
1945 Constitution.
Meanwhile, another constitutional court
justices who wrote a paper in the form
of a book is Ahmad Fadlil Sumadi. In
his paper entitled “Compilation on the
Constitutional Court and Democracy,” Fadlil
Sumadi presents a collection of papers
presented at various seminars or lectures
organized by both the Constitutional Court
and the universities.
Out of a number of papers contained
in it, it can be seen that the focus of
Fadlil’s discussion, although predominantly
on the Constitutional Court in all its
aspects, also discusses some conceptualand contemporary issues. In one of them,
he talks about the role of Nahdlatul Ulama
in the context of strengthening civil society
in Indonesia.
It is indeed recognized that the scattering
ideas which have been compiled into
this book describe the passion and spirit
to develop Indonesia as a democratic
constitutional state based on the principles
of constitutionalism. Issues discussed arealways related to the constitution, namely
the 1945 Constitution, and the existence of
the Constitutional Court as the Guardian of
Constitution. Moreover, he also talks about
the relationship between the Constitutional
Court and social justice.
Therefore, for the purpose of spreading
ideas and thoughts about the constitution
to a wide audience, in 2011, the Konstitusi
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 220/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 195
DYNAMICS OF THECONSTITUTIONAL COURT
Press deemed it necessary to publish it.
Distribution of this book is expected to
increase understanding and awareness of
the importance of constitutionalism and the
role of the Constitutional Court in the life
of the nation and the state.
Awards
By staying consistent and concerned with
the efforts of enforcement of Human Rights
(HAM) in Indonesia, one of the constitutional
court justices, namely Chief Justice of
the Constitutional Court, Moh. Mahfud MD
received the “Man of the Year 2010” award
on Thursday, January 27, 2011, at the
Press Council Building, Jakarta. This award
was given by Rakyat Merdeka Online (RM
Online) to Mahfud MD, as the figure of
justice Mahfud was considered to be an
inspiration and to have high performancein the field during 2010.
In addition, the award received by Mahfud
was in category of “the Guard of Rights”
with his figure who was consistent and
concerned with the efforts to uphold
human rights in Indonesia. Mahfud said in
his speech that in fact the source of all
problems between us was the number of
violations of human rights which cannot be
properly safeguarded by law enforcement.
Therefore, in the future, a massive movement
of the people, the mass media and NGOs
is necessary to campaign that one of
the most important points to solve the
problems of our nation today is by putting
the main agenda to provide protection of
human rights through the enforcement of
the constitution.
Later this year, Mahfud MD also received
the “Newsmaker of the Year” award in
the program of Seputar Indonesia Award
Foto
Chief Justice of theConstitutional Court,Moh. Mahfud MD receivedthe “Man of the Year2010” award at the PressCouncil Building Jakarta,Thursday (27/1).
Public Relations of the ConstitutionalCourt/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 221/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011196
2011, held at the RCTI Studio in West
Jakarta on Tuesday, May 17, 2011. With
the award, the man from Sampang, Madura,
won over two other nominees who are not
less famous, namely the President of the
United States Barack Obama, and former
Finance Minister Sri Mulyani Indrawati.
In the consideration, Mahfud was believed to
always have an impact and contribution to
the journey of the nation, and was expert
in his field, as well as having high integrity.
Meanwhile, the award was given based on
the acquired Short Message Service (SMS),
the coverage in the period of May 2010-
May 2011. The contested categories were
the result of testing and selection by the
verification team consisting of analysts and
media practitioners.
In his speech, Mahfud said that he often got
criticized for not commenting on somethingz
in the news, and some said that justices
should be silent. However, he believed that
they should make people aware. People’s
awareness should be excited to claim fortheir rights.
Meanwhile, on August 19, 2011, Moh.
Mahfud received another award in the
form of Soegeng Sarjadi Award on Good
Governance individually by Soegeng Sarjadi
School of Government (SSSG). This time,
the award was presented directly by the
founder of SSSG, Soegeng Sarjadi, at Four
Season Hotel, Kuningan, South Jakarta,
in the presence of a number of national
figures, namely among others, Fadjroel
Rachman, Sukardi Rinakit, Jimly Asshiddiqie,
OC Kaligis, Ahmad Mubarok.
In this year, Mahfud MD also won “Marketer
of the Year Indonesia 2011” award from
MarkPlus Inc. held at the Pacific Place of
Ritz Carlton Hotel, Jakarta, Thursday, July
15, 2011. MarkPlus Inc. is a marketing
consulting firm in the field marketing led
by Hermawan Kertajaya. As a holding
company, MarkPlus has also penetrated
the business in other fields, for example
in the media sector, as MarkPlus has the
Marketeers magazine.
Mahfud himself received the award becausehe was considered to have played the
Chief Justice of theConstitutional Court,
Moh. Mahfud MD receivedthe “Newsmaker of
the Year” award in theSeputar Indonesia Award
2011 on Tuesday (12/5).
Public Relations of theConstitutional Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 222/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 197
DYNAMICS OF THECONSTITUTIONAL COURT
role of spreading positive marketing spirit,
with a good performance in government
and that he had effective social impact
in the society.
Another award was also won by the
youn gest Co ns ti tu ti on al Co ur t Ju st ic e
Hamdan Zoelva. In this case, he was given
the legal studies professor award from the
China University of Political Science andLaw (CUPL) on Friday, May 27, 2011. It
is worth noting that CUPL is considered
one of the best universities in China. And
in 2009, based on the assessment of
the Ministry of Education of China, CUPL
gain the second rank among the top law
schools in China.
Meanwhile, in the view of CUPL, Hamdan
Zoelva was considered to have high
dedication and capability of transformingvalues of the universal law in developing
world civilization, particularly in the field of
business law and state administration. One
form of Hamdan Zoelva’s dedication in the
field of business law was to benefit the
investment climate of the world, including
Indonesia as a subject of global trade.
In the field of state administration, Hamdan
Zoelva was considered by CUPL to have
been involved in the committee to discuss
and formulate the amendments to the
1945 Constitution and in the Constitutional
Court of Indonesia which had contributednormatively to the advancement and
development of legal science. In addition,
Hamdan’s dedication, according to the CUPL,
as a legal practitioner and academician in
the Faculty of Law of Islamic University of
As-Syafi’iyah also deserved high respect.
Websites of Constitutional CourtJustices
www.mahfudmd.com
“Showered” with awards, from Madura to
the United States
Foto
Constitutional CourtJustice Hamdan Zoelvawas given the legalstudies professor awardby the China University
of Political Science andLaw (CUPL), Friday (27/5).
Public Relations of the ConstitutionalCourt/ Habloel Mawadi
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 223/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011198
Mahfud MD, who does not know him? Yes.
He is the leader the state institution of
the Constitutional Court in Indonesia. His
figure and credibility in the eyes of the
public is undoubted, as proved in 2011
only, with the 4 (four) awards of different
categories being given to him.
The forms of awards included “Man of
the Year 2010” award from the RakyatMerdeka Online (RM Online). In addition,
he also won the “Marketer of the Year
Indonesia 2011” award from MarkPlus Inc.
at the Pacific Place of Ritz Carlton Hotel.
Subsequently, Moh. Mahfud MD also received
Soegeng Sarjadi on Good Governance Award
individually from Soegeng Sarjadi School of
Government (SSSG).
Meanwhile, Mahfud MD also won the
“Newsmaker of the Year” award in SeputarIndonesia Award 2011. With the awards,
the man from Sampang, Madura, ranked
above two other nominees who are not
less famous, namely U.S. President Barack
Obama, and former Finance Minister Sri
Mulyani Indrawati. In the considerations,
Mahfud was considered to have always had
an impact and contribution to the journey
of the nation, being an expert in the field,
as well as having high integrity.
This site is presented so that people may
know the figure of a Mahfud MD better
who is persistent and consistent in giving
contributions to the nation of Indonesia.
This site will also help Mahfud to reach
the general public who want to learn a
lot about him. The public will also knowwhat Mahfud is thinking about in addressing
current issues.
For example, in his personal website, he
proposes Special Elections (Elections) in
Papua. In his opinion, both the Legislative
and the Regional Head in relation to
Election in Papua cannot be equated with
other regions in Indonesia. This will be
done because Papua has not been ready
for a system applied nationally. Elections in
Papua should be conducted in accordance
with their own culture of and Customs.
www.akilmochtar.com
Becoming a Law Warrior in the constitution
enforcement institution in Indonesia
Website of the Chief Justiceof the Constitutional Court,
Moh. Mahfud MD.
Public Relations of the ConstitutionalCourt
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 224/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 199
DYNAMICS OF THECONSTITUTIONAL COURT
With his tenacity, the man from the border
area between Indonesia and Malaysia it
could be a law warrior in the constitution
enforcement institution in Indonesia. The
man is none other than Constitutional Court
Justice Akil Mochtar. The constitutional court
justice used to spend his childhood and
adolescence in Putussibau, the capital of
Kapuas Hulu regency, West Kalimantan.
This can be seen in his personal website.
Through this site, people will have a better
understand of what he is thinking about in
relation to a number of cases, associated
with a number of activities during his
service as a constitutional court justice
and spokesman for the Constitutional Court,
as well as his activities with the broader
community.
The man who often makes sharp sentencesalternated with humor, while remaining
firm at hearings, also presents a number
of items in his personal site, including
news item on his personal website, where
Akil made an insinuation at the Ministry
of Law and Human Rights (HAM) when
handling the case Mesuji in Lampung. In
his comments, he said the government then
lost much in dealing with cases of human
rights violations.
New Human Rights violations occur while old
cases have not been completed. The issue
has until now become a difficult homework
for the government to be resolved so that
it will not explode in the future. In his
opinion, “The Ministry of Law and Human
Rights (Kemenkumham) talk too much aboutgeneral cases, but it is lousy when talking
about human rights.”
No less interesting in this site, Akil
presents the news related to his dissenting
opinion against 8 other constitutional court
justices about the service term of Busyro
Muqoddas as head of the Corruption
Eradication Commission being petitioned to
the Constitutional Court. He said the petition
was not an issue of constitutionality ofgeneral or abstract norms, but rather it
was a matter of law implementation in the
field or a matter of concrete norms.
hamdanzoelva.wordpress.com
With a lot of experience, he has won the
title of Professor
Foto
Website of ConstitutionalCourt Justice AkilMochtar.
Public Relations of the ConstitutionalCourt
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 225/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011200
All great people will make great mistakes.
A great person will also have a lot of
great experience as well. This has been
experienced by the youngest justice in
the Constitutional Court, Hamdan Zoelva.
Although still young, he has a lot of
important experience, with approximately 10
(ten) organizations he had joined.
For example, he used to be a member of theIndonesian Advocates’ Association (Ikadin),
Member of the Indonesian Bar Association
and Member of the AAI Advisory Board
(2005-present), co-founder and Head of
the Brotherhood Indonesian Muslim Workers
(1998-2000). Until now, he has been also
the Deputy Chief Justice of the ASEAN
Muslim Youth Secretariat (AMSEC) based in
Kuala Lumpur (2001 - present), and since
2005 until now, he has also been active
as secretary of the constitutional forum.
We can see this in his personal website.
Moreover, this site can help people get to
know more him even more closely, how
Hamdan Zoelva poured some of his thoughts
in the form of papers, opinions, and even
in book form in this site. Particularly
in the paper entitled “Judicial Review
without Limits” Hamdan said that there
was no judicial review without limit, even
by the Constitutional Court. In conducting
judicial review under the Consti tution, the
Constitutional Court is limited by the
provisions of the Constitution itself, and
the general legal principles, as well as the
applicable laws.
In addition, having a high dedication and
capability to transform universal legal valuesin building the world civilization of the
world, particularly in the field of business
law and state administration, Hamdan Zoelva
was received the legal studies professor
award from China University of Political
Science and Law (CUPL). It is worth noting
that CUPL is regarded as one of the best
universities in China.
All the other constitutional court justices,
namely among others, Ahmad Sodiki,Harjono, Maria Farida Indrarti, Muhammad
Alim, Sumadi Fadlil Ahmad, and Anwar
Usman, have different opinions and
specialties in addressing the condition
of the existing development in Indonesia.
More specifically, this can be viewed on
the Constitutional Court website, at www.
mahkamahkonstitusi.go.id
Website of theConstitutional Court
Justice HamdanZoelva.
Public Relations of theConstitutional Court
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 226/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 201
DYNAMICS OF THECONSTITUTIONAL COURT
Development of the Support of Generaland Judicial Administration of the
Constitutional Court
General Administration
In realizing the Constitutional Court as
one of the actors of modern and credible
branches of judicial power, and to support
the duties of constitutional court justices
in the field of general administration, on
Wednesday, April 13, 2011, the Constitutional
Court inaugurated 20 (twenty) new officers.
The process of appointment and transfer
was based on Decree No. 049/KEP/SET.MK/2011 dated April 12, 2011.
In this case, the officials appointed and
transferred were the Head of General
Bureau of the Constitutional Court Saiful
Bachri (old position) into the new position
as Head of Public Relations and Protocol
Bureau of the Constitutional Court and the
Head of Public Relations and Protocol Noor
Sidharta (old position) into the new position
as the Head of the Constitutional Court’sCenter for Research and Study.
In addition, the Head of Administration
of the Constitutional Court Mulyono (old
position) occupied a new position as the
Head of the General Affairs Bureau of
the Constitutional Court. Meanwhile, the
Head of the Hearing Department of the
Constitutional Court Triyono Edy Budhiarto
(old position) occupied a new position as the
Head of the Case and Trial Administration
of the Constitutional Court. Approximately
the aforementioned 4 (four) officials, notincluding 16 other officials, occupied new
positions in support of performance of the
general administration.
Furthermore, the event which was held on
the 8th floor of the Constitutional Court
building was attended by Chief Justice of
the Constitutional Court, Moh. Mahfud MD,
Vice Chief Justice of the Constitutional Court
Achmad Sodiki, Constitutional Court Justice
Akil Mochtar, and Secretary General of theConstitutional Court Janedjri M. Gaffar. As
Foto
Secretary Generalof the ConstitutionalCourt Janedjri M.Gaffar inaugurated 20new of cials in theConstitutional Courton Wednesday (13/4),on the 8th oor of theConstitutional CourtBuilding.
Public Relations of the ConstitutionalCourt/ Andhini SF
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 227/273
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Annual Report of the Constitutional Court 2011202
Chief Justice of the Constitutional Court,Mahfud MD expected that all employees
should develop the Constitutional Court’s
institution based on available channels.
Due to the its assessment and the
assessment of the general community, as
well as the assessment of the performance
of state institutions written in the newspapers,
or through interactive dialogue, seminars and
so forth, the Constitutional Court is still
considered as an institution to feel proudof, and the most efficient as well as an
indisputable institution.
Judicial Administration
In addition to rearranging the Human
Resou rce s s y s t e m in t he g ene ra l
administration, the Constitutional Court also
has also improved its Judicial Administration.
In this case, there was a significant event
in which there was a change of theRegistrar of the Constitutional Court due
to the long period of vacancy in judicialleadership or registrar’s leadership. This
was because in 2010, the Registrar Zaenal
Arifin Hoesein retired.
Therefore, to maintain the uninterrupted
implementation and independency of the
judiciary of the Const itut ional Court in
conducting hearings, and pursuant to
Presidential Decree Number 19/N/2011, the
Constitutional Court officially announced
Kasianur Sidauruk as the new Registrarof Constitutional Court, and officially
inaugurated by the Chief Justice of the
Constitutional Court, Moh. Mahfud MD, on
Tuesday, February 1, 2011.
It is recorded that Kasianur Sidauruk used to
become the Head of the Case and Hearing
Administration Bureau of the Constitutional
Court, and he also was used to be the
Acting Registrar of the Constitutional
Court before Presidential Decree number19/N/2011. Therefore, the Constitutional
New RegistrarKasianur Sidauruk
was of ciallyinaugurated by the
Chief Justice ofthe Constitutional
Court, Moh. MahfudMD, Tuesday (1/1).
Public Relations of theConstitutional Court
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 228/273
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Annual Report of the Constitutional Court 2011 203
DYNAMICS OF THECONSTITUTIONAL COURT
Court appointed Kasianur Sidauruk as the
Registrar of the Constitutional Court to
replace Zaenal Arifin Hoesein who entered
retirement.
Another important event occurred on Friday,
July 29, 2011, when the Constitutional Court
appointed three (3) Substitute Registrars,
namely Ahmad Edi Subianto, Eri Satria
Pamungkas and Yunita Ramadhani. Theinauguration was based on the Decision of
the Secretary General of the Constitutional
Court No. 097/Kep/Set/MK/2011.
The event was held in the Hall on the
Ground Floor of the Constitutional Court
Building, was attended by Vice Chief Justice
of the Constitutional Court Achmad Sodiki,
the Secretary General of the Constitutional
Court Janedjri M. Gaffar, and the Registrar
of Constitutional Court Kasianur Sidauruk,
as well as by the structural staff of
the Constitutional Court. In his speech,
Sodiki said that the increased number
of Substitute Registrars possessed by the
Constitutional Court was expected to assist
the constitutional justices in resolving cases
in the hearings in a transparent and
accountable manner.
The new Substitute Registrars were alsoexpected to uphold the mandate given to
them and to be able to work as properly
as possible. Since it is the benchmark of
the Constitutional Court’s success in the
future, the obligation of the Constitutional
Court to remain clean is the responsibility
of all parties in the Constitutional Court.
Sodiki also considered that to remind each
other, and to be honest, as well as to
be open may prevent any evil intention to
‘contaminate’ the Constitutional Court.
Foto
The ConstitutionalCourt inaugurated 3Substitute Registrarswithin the purview of theRegistrar’s Of ce of theConstitutional Court onFriday (29/7).
Public Relations of the ConstitutionalCourt/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 229/273
Annual Report of the Constitutional Court 2011204
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
AKUNTABILITASKEUANGAN
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 230/273
Annual Report of the Constitutional Court 2011 205
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
FINANCIAL
ACCOUNTABILITY
UNQUALIFIED OPINION
The Constitutional Court won once again
won the Unqualified Opinion (WTP) for
its Financial Statements of 2010 by the
Audit Board (BPK). The unqualified opinion
(WTP) was given on Friday (24/6) in the
Audit Board (BPK) building in the event of
Submission of Audit Result Report (LHP) in
the Auditorate of State Finance III upon the
Financial Statements of 2010.
For the Constitutional Court, the achievement
of Unqualified Opinion was for the fifth time.
Previously the Constitutional Court had been
given Unqualified Opinions in 2006, 2007,
2008, and 2009 for its financial reports
and management which were transparent,
accountable, through the assessment of
professional auditors and independent team of
the Audit Board. This opinion was obtained
for the role of all ranks and files of the
Secretariat General and the Registrar’s Office
of the Constitutional Court as well as all
employees of the Constitutional Court.
Secretary General of the Constitutional Court
Janedjri M Gaffar personally received the
award from the Audit Board. In this event,
the Audit Board itself delivered Audit Result
Reports on 32 Financial Statements Year 2010
consisting of financial statements of 6 state
institutions including the Constitutional Court,
11 state ministries, and 15 non-ministerial
institutions.
The Audit Result Reports were delivered the
Chairman of the Audit Board Hadi Purnomo
accompanied by the Members of the III State
Audit Board, witnessed by the audience
and other officials of the Audit Board and
the officials of state institutions, ministries
and non-ministerial institutions that received
the Audit Result Reports. The Audit Result
FINANCIAL ACCOUNTABILITY
Foto
Secretary Generalof the ConstitutionalCourt Janedjri M Gaffarreceived an award fromthe Audit Board (24/6).
Public Relations of the Constitutional
Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 231/273
Annual Report of the Constitutional Court 2011206
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Reports on Financial Statements of the
Ministries/Agencies were part of the AuditResult Reports on the Central Government
Financial Statements (LKPP) in 2010 which
were submitted to the People’s Legislative
Assembly on May 31, 2011 and to the
President on June 1, 2011.
Audit Result Reports on 32 Financial
Statements of the Ministries/Agencies in 2010
consisted of Audit Result Reports that included
opinions on the fairness of the financial
statements, Audit Result Reports on InternalControl System (SPI) and Audit Result Reports
on Compliance with Laws and Regulations. The
Audit Board’s Opinions on the 32 Financial
Statements included 22 Unqualified Opinions
(WTP) and 10 Qualified Opinions (WDP). The
declaration of the commitment to maintain
the Unqualified Opinion on the Financial
Statements of the Constitutional Court was
guided by the Secretary General of the
Constitutional Court simultaneously with the
signing of the Memorandum of Understanding
between the Constitutional Court and the
Corruption Eradication Commission on theestablishment of Illegal Payment Control Unit
(Unit Pengendalian Gratifikasi or UPG) and
audit couching with the Audit Board.
Best Financial Statements
In addition to being awarded with Unqualified
Opinion for the fifth time, the Constitutional
Court was also awarded the Highest
Achievement Standards in the Accounting
and Financial Reports of the GovernmentYear 2011 by the Ministry of Finance. The
award was symbolically presented by the Vice
President Budiono at the opening of the
National Accounting and Financial Reporting
Working Meeting of the Government Year 2011,
(19/9) at Dhanapala Building, Jakarta.
At the event, the Constitutional Court was
represented by the Secretary-General of the
Constitutional Court Jenedjri M. Gaffar. In
addition to the Constitutional Court, awards
Secretary General ofthe Constitutional CourtJanedjri M Gaffar at theConferment of the Best
Financial Statements fromthe Ministry of Financein Dhanapala Building,
(19/9).
Public Relations of the Constitutional
Court/Ganie
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 232/273
Annual Report of the Constitutional Court 2011 207
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
FINANCIAL
ACCOUNTABILITY
were also given to 53 Ministries and
Institutions as well as 32 Local Governments
that had implemented the best financial
reports in 2010 with Unqualified Opinion
predicate. The Best Financial Statement award
presentation was held under the theme
“Improvement of the Performance of the
Government’s Financial Management in the
Context of Realizing Quality Accountability
Report of the Government’s Finances”.
The award was received by the Constitutional
Court because this guardian of the constitution
state institution was considered capable in
implementing quality improvement of its
financial management based on the principles
of good governance. In addition, the financial
statements of the Constitutional Court were
also considered to have been managed in an
orderly manner, in compliance with the rules
of the legislation, in an efficient, economic,effective, transparent, and accountable
manner.
To show the existence of institutional
commitment as well as the importance of
the awareness of good and target-effective
management of the state budget, Chief
Justice of the Constitutional Court (MK) Moh
Mahfud MD and Vice Chief Justice of the
Constitutional Court Achmad Sodiki also took
time to attend the delivery of speech on
the Financial Memorandum and the Draft of
the State Revenues and Expenditures Budget
(RAPBN) 2012 by President Susilo Bambang
Yudhoyono at the plenary meeting of the
People’s Legislative Assembly of the Republic
of Indonesia attended jointly by members of
the People’s Legislative Assembly and the
Regional Representative Council in the People’s
Consultative Assembly/People’s Legislative
Assembly/Regional Representative Council
Building, Jakarta, Tuesday (16/8). Besides the
Members of the People’s Legislative Assembly
and the Regional Representative Council, the
event was also attended by Vice President
Boediono, heads of state institutions, and
ambassadors of friendly countries.
Realization of Budget 2011
In fiscal year 2011, the Constitutional
Court received a budget allocation ofRp287,996,206,000.- (two hundred eighty seven
billion nine hundred and ninety-six million
two hundred and six thousand rupiah). Up
to December 31, 2011, Rp237,476,521,448.-
(two hundred thirty-seven billion four hundred
seventy-six million five hundred twenty-one
thousand four hundred and forty-eight rupiah)
or 82.46% of the budget allocation could be
realized. The remaining budget was Rp
50,519,684,552.- (fifty billion five hundrednineteen million six hundred eighty-four
thousand five hundred and fifty two
rupiah).
There were two important aspects that affected
the absorption level of the Constitutional
Court’s budget throughout 2011. First, the
construction of the Building of the Center for
Pancasila and Constitution Education could
not be implemented in fiscal year 2011.
This occurred because of the provision that
for all physical constructions, the clearance
should be done by three institutions, namely
the Ministry of Administrative Reforms, BPKP,
and the Ministry of Public Works. Meanwhile,
the clearance result was not received until
October 2011, so it was impossible to
carry out the construction process in three
months.
Secondly, the Constitutional Court made saving
efforts. The savings of the Constitutional
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 233/273
Annual Report of the Constitutional Court 2011208
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Court’s budget included saving of the cost
power and services, building maintenance
service, office equipment maintenance, and
overseas travel expenses. Savings were made
to realize effective and efficient use of the
state budget.
In general, the Constitutional Court’s budget
was realized to support the implementation
of the Constitutional Court’s authoritysuch as the handling of Cases of Dispute
over the Results of General Election of
Regional Head, development of constitutional
awareness, implementation of good governance,
management of human resources of
apparatuses, improvement of facilities
and infrastructure of state apparatuses,
increasing awareness of law and human
rights, improvement of the performance of
judicial institutions and other law enforcement
institutions, enforcement of law and human
rights, and improvement of the quality of
the legal profession.
Larely, the realization of such budget was
manifested in four programs, namely: Program
of Management Support and Implementation
of Technical Duties, Program for Improving
the Facilities and Infrastructure of the StateApparatuses of the Constitutional Court of the
Republic of Indonesia, Program for Handling
Constitutional Cases and Constitutional
Awareness Program.
Details of budget realization per program/
activity are presented in the following
table.
Table 21Details of budget realization per program/activity
1 Program of ManagementSupport andImplementa on ofTechnical Du es
115,600,000,000 109,777,968,411 94,96 5,822,031,589
2 Program for ImprovingFacili es andInfrastructure of State
Apparatuses of theCons tu onal Court ofthe Republic of Indonesia
70,296,206,000 25,930,942,188 36,89 44,365,263,812
3 Program for HandlingCons tu onal Cases
55,000,000,000 54,931,159,697 99,87 68,840,303
4 Cons tu onal AwarenessProgram
47,100,000,000 46,836,451,152 99,44 263,548,848
Total 287,996,206,000 237,476,521,448 82,46 50,519,684,552
No Program Budget (Rp) Realizaton(Rp)Realiza-ton (%)
Remainder ofBudget (Rp)
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 234/273
Annual Report of the Constitutional Court 2011 209
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability ClosingCLOSING
THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF INDONESIA
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 235/273
Annual Report of the Constitutional Court 2011210
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Closing
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 236/273
Annual Report of the Constitutional Court 2011 211
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability ClosingCLOSING
T his Annual Report is an overview andmanifestation of the performance of theConstitutional Court throughout 2011
in the efforts to establish a constitutionaldemocratic state and to provide best servicesto justice-seekers and the general public. As
an independent actor of judicial power, thegait of the Constitutional is vitally importantamidst the problems of the nation and thestate which require the settlement throughthe role of state institutions and all broadelements of society.
Throughout the year, the Constitutional Courthas been making its best efforts to lead as amodern and credible institution. In performingits constitutional role in resolving cases andresolving cases of Judicial Review of Laws and
Disputes over the Results of General Election ofRegional Head (PHPD), the Constitutional Courthas positioned itself as the counterweight andcontroller of power to be within the corridorsof the Constitution and the law as well as tokeep democracy going with clear direction andpurpose with the Constitutional Court beingbased on democratic principles in decidingupon cases with an emphasis on substantive
justice and electoral justice and not merelyimposing constitutional sanctions. Not onlystrengthening constitutional democracy, the
Constitutional Court also continues to build its
integrity in the decreasing public upon judicialinstitutions and makes every effort in order toestablish the constitutionality of Indonesia anda culture of constitutional awareness.
Proper performance of the authority andobligations of the Constitutional Court cannotbe separated from the role and contributionof the nine constitutional court justices. TheSecretariat General and the Registrar’s Officeof the Constitutional Court also give fullsupport to the constitutional court justices fortheir constitutional duties to be performed inaccordance with the expectations of societyand to create justice. All that have been doneshow the results, with the Constitutional Courtreceiving broad support from all segments ofthe society, merely in the interests of society
and justice seekers as the main foundation ofservices provided by always preparing itselfand receiving inputs from the public.
The Constitutional Court’s success wouldbe meaningless without the support of thepeople and other institutions in an integratedsystem for the grand purpose of realizing aconstitutional democratic state. Hopefully thetrack records of the Constitutional Court inthe Annual Report of the Constitutional Court
year 2011 can be used as information to the
public and may bring better changes in thefuture.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 237/273
Annual Report of the Constitutional Court 2011212
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
APPENDICES
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 238/273
Annual Report of the Constitutional Court 2011 213
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Appendices
List of the Constitutional Court’s Decisions on Judicial Review(Throughout 2011)
Granted
Case Number Pe oners Substance of the Case Date of Decision
2/PUU-IX/2011 1. Deni Juhaeni2. I Griawan Wijaya3. Ne y Re a Herawaty
Hutabarat 4. BagusPutus Mantra
Judicial Review of LawNumber 18 Year 2009concerning Livestockand Animal Health
October 6, 2011
5/PUU-IX/2011 Feri Amsari, S.H., M.H.,dkk
Indonesia Corrup onWatch
Judicial Review ofLaw Number 30 Year2002 concerningCommission for theEradica on of CriminalActs of Corrup on
June 20, 2011
15/PUU-IX/2011 18 Small Poli cal Par es Judicial Review ofLaw Number 2 Year
2011 concerningAmendment to LawNumber 2 Year 2008concerning Poli calPar es.
July 4, 2011
17/PUU-IX/2011 Iwan Kurniawan, S.H 1. Judicial Reviewof Law Number5 year 1986 asamended byLaw Number 9year 2004 andas re-amended
by Law Number51 year 2009concerning StateAdministra onCourt
2. Law Number8 Year 1981concerningCriminal Code
September 29,2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 239/273
Annual Report of the Constitutional Court 2011214
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
29/PUU-IX/2011 Komarudin WatubunTanawani Mora, S.H., M.H
Pe on for JudicialReview of LawNumber 35 Year2008 concerningthe S pula onof GovernmentRegula on in lieu ofLaw Number 1 Year2008 concerningAmendment to LawNumber 21 Year 2001concerning SpecialAutonomy for PapuaProvince to BecomeLaw
September 29,2011
35/PUU-IX/2011 1. Dana Iswara Basri;2. Fikri Jufri;3. M. Husni Thamrin;4. Budi Arie Se adi;5. Susi Rizky Wiyan ni.,
dkk
Pe on for JudicialReview of LawNumber 2 Year2011 concerningAmendment to LawNumber 2 Year 2008
concerning Poli calPar es under the1945 Cons tu on.
August 4, 2011
37/PUU-IX/2011 1. drg. Ugan Gandar;2. Ir. Eko Wahyu.3. Ir. Rommel Antonius
Gin ng
Pe on for JudicialReview of LawNumber 13 Year 2003concerning Manpowerunder the 1945Cons tu on.
September 19,2011
48/PUU-IX/2011 Drs. Dj. Siahaan, S.H., andIr. Husni Husin, M.S
Pe on for JudicialReview of Law
Number 8 Year2011 concerningAmendment to LawNumber 24 Year2003 concerning theCons tu onal Court,and Law Number 35Year 2009 concerningNarco cs under the1945 Cons tu on.
October 18,2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 240/273
Annual Report of the Constitutional Court 2011 215
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
49/PUU-IX/2011 1. Prof. Dr. Saldi Isra, S.H;2. Prof. Dr. Yuliandri, S.H.,
M.H;3. Prof. Dr. Arief Hidayat,
S.H., M.H
Pe on for JudicialReview of LawNumber 8 Year2011 concerningAmendment to LawNumber 24 Year2003 concerning theCons tu onal Court,under the 1945Cons tu on.
October 18,2011
Rejected
1/PUU-IX/2011 H. Alias Wello, Sip Judicial Review of theCriminal Code.
July 25, 2011
3/PUU-IX/2011 People’s SovereigntyCommi ee or KomiteKadaulatan Rakyat,represented by: R.Hamdani, CH and AnisahAmbaryani
Judicial Review of LawNumber 31 Year 1999concerning Eradica onof Criminal Acts ofCorrup on
October 6, 2011
7/PUU-IX/2011 Widodo Edy Budianto Judicial Review of LawNumber 11 Year 1969concerning EmployeeRe rement and Widow/Widower EmployeesRe rement
February 28,2011
8/PUU-IX/2011 1. Mudho r2. Parulian Sianturi, S.H3. dward P. Marpaung., cs
Judicial Review of LawNumber 3 Year 1992concerning ManpowerSocial Security
December 23,2011
9/PUU-IX/2011 1. Moh. Riyadi Setyarto;2. Rasma A.W
Judicial Review of LawNumber 34 Year 2004concerning IndonesianNa onal Armed Forces
May 4, 2011
11/PUU-IX/2011 Linneke SyennieWatoelangkoew, S.Si.and Ir. Jimmy StefanusWewengkang, MBA
Judicial Review of LawNumber 32 Year 2004concerning RegionalGovernment
July 18, 2011
Case Number Pe oners Substance of the Case Date of Decision
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 241/273
Annual Report of the Constitutional Court 2011216
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
21/PUU-IX/2011 Anthon Melkianus Natun,S.T
Pe on for JudicialReview of Law Number27 Year 2009 concerningthe People's Consulta veAssembly, the People'sLegisla ve Assembly,Regional Representa ves'Council and the RegionalPeople's Legisla veAssembly
July 28, 2011
26/PUU-IX/2011 PT. Yala TeknoGeothermal, representedby Ir. Febrimansyah Lubis
Pe on for JudicialReview of Law Number37 Year 2004 concerningBankruptcy andPostponement of DebtSe lement Obliga on
September 19,2011
32/PUU-IX/2011 1. Muhammad Suryani, S.E;2. Sani Abdullah;3. Husien Djunaidi;4. Hj. Badriah
Pe on for JudicialReview of Law Number25 Year 1992 concerningCoopera ves under the1945 Cons tu on
July 28, 2011
41/PUU-IX/2011 Habel Rumbiak, S.H., SpN Pe on for JudicialReview of Law Number21 Year 2001 concerningSpecial Autonomy forPapua Province underthe 1945 Cons tu on
October 13,2011
60/PUU-IX/2011 Indonesia Human RightsCommi ee for SocialJus ce (IHCS), PrakarsaMasyarakat Untuk Negara
Kesejahteraan danPembagunan Alterna f(PRAKARSA)., etc.
Pe on for JudicialReview of LawNumber 11 Year 2011concerning Amendment
to Law Number 10Year 2010 concerningState Revenues andExpenditures Budget Year2011 under the 1945Cons tu on.
December 28,2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 242/273
Annual Report of the Constitutional Court 2011 217
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Case Number Pe oners Substance of the Case Date of Decision
4/PUU-IX/2011 1. Pdt. Tjahjadi Nugroho;2. Aryanto Nugroho, S.E.,
M.M
Judicial Review ofthe Civil Code, andJudicial Review of LawNumber 4 Year 2004concerning JudicialPower
July 25, 2011
6/PUU-IX/2011 M. Sholihin. IF Judicial Review of LawNumber 12 Year 2010concerning Scou ngMovement
March 4, 2011
10/PUU-IX/2011 Liem Marita alias Aling 1. Pe on for JudicialReview of LawNumber 48 Year2009 concerningJudicial Power,
2. Law Number 14Year 1985 juncto Law Number 5
Year 2004 juncto Law Number3 Year 2009concerning theSupreme Court,
3. Law Number8 Year 1981concerningCriminal ProcedureLaw under the1945 Cons tu on
April 15, 2011
18/PUU-IX/2011 Drs. H. Choirul Anam andTohadi, S.H., M.Si
Pe on for JudicialReview of LawNumber 2 Year2011 concerningAmendment to LawNumber 2 Year 2008concerning Poli calPar es
July 4, 2011
Cannot be Accepted
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 243/273
Annual Report of the Constitutional Court 2011218
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
20/PUU-IX/2011 A. Fince Sondakh Pe on for JudicialReview of LawNumber 5 Year1960 concerningBasic Regula ons onAgrarian Principles,Judicial Reviewof GovernmentRegula on Number 40Year 1996 and JudicialReview of GovernmentRegula on Number 24Year 1997
February 28, 2011
22/PUU-IX/2011 Fachri Alamudie Pe on for JudicialReview of LawNumber 20 Year2000 concerningAmendment to LawNumber 21 Year 1997concerning Duty forthe Acquisi on ofRights to Land andBuildings
April 26, 2011
23/PUU-IX/2011 Hagus Suanto Pe on for JudicialReview of LawNumber 13 Year 1985concerning StampDuty
July 28, 2011
24/PUU-IX/2011 Bibit Pe on for JudicialReview of the Decisionof the SupremeCourt Number 301 K/Pdt/2004
March 11, 2011
25/PUU-IX/2011 1. Hasanuddin Shahib;2. Kusnendar Atmosukarto;3. Suharto, S.H
Pe on for JudicialReview of LawNumber 11 Year1969 concerningEmployee Re rementand Widow/WidowerEmployee Re rement
October 13, 2011
30/PUU-IX/2011 Suryani Judicial Review ofLaw No.7 Year 1989concerning ReligiousCourt under the 1945Cons tu on
June 27, 2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 244/273
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 245/273
Annual Report of the Constitutional Court 2011220
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
69/PUU-IX/2011 dr. Salim Alka ri Pe on for JudicialReview of LawNumber 8 Year 2011concerningAmendment to LawNumber 24 Year 2003concerning theCons tu onal Courtunder the 1945Cons tu on.
December 21,2011
Withdrawn
Case Number Pe oners Substance of the Case Date of Decision
12/PUU-IX/2011 Barnabas Suebu, S.H Judicial Review of LawNumber 21 Year 2001concerning SpecialAutonomy for PapuaProvince
March 11, 2011
13/PUU-IX/2011 Idrus Nawawi and
Haimingsi Hapari
Judicial Review of Law
Number 21 Year 2000concerning Workers’Union/ Labor Union
March 11, 2011
31/PUU-IX/2011 Harry Mulyono Machsus,S.H., M.Hum
Pe on for JudicialReview of LawNumber 28 Year 2009concerning RegionalTaxes and Retribu onsunder the 1945Cons tu on
June 20, 2011
42/PUU-IX/2011 Suhardi Somomoelyono,S.H., M.H
Pe on for JudicialReview of LawNumber 24 Year2003 concerning theCons tu onal Courtunder the 1945Cons tu on.
September 19,2011
62/PUU-IX/2011 1. Dr. Andi MuhammadAsrun, S.H., M.H;
2. Dorel Almir, S.H., M.Kn;3. Merlina, S.H
Pe on for JudicialReview of Law of theRepublic of IndonesiaNumber 2 Year2002 concerning theNa onal Police of theRepublic of Indonesiaunder the 1945Cons tu on.
November 10,2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 246/273
Annual Report of the Constitutional Court 2011 221
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
Case Number Pe oners Substance of the Case Date of Decision
72/PUU-IX/2011 Sin Sikku, S.H Pe on for JudicialReview of LawNumber 27 Year2009 concerning thePeople's Consulta veAssembly, the People'sLegisla ve Assembly,the RegionalRepresenta vesCouncil and RegionalPeople's Legisla veAssembly under the1945 Cons tu on.
December 13,2011
76/PUU-IX/2011 Sulas o and other 55Pe oners
Pe on for JudicialReview of LawNumber 15 Year 2011concerning GeneralElec on Organizer,under the 1945Cons tu on.
November 21,2011
List of the Constitutional Court’s Decisions on Disputes over theResults of General Election of Regional Head
(Throughout 2011)
Granted
10/PHPU.D-IX/2011 DR. H. Dadang Su anto,Drs., M.M. and RK. DadanSuryanegara, S.P
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head and
Vice Regional Headof Cianjur Regency ofWest Java Province.
February 16,2011
12/PHPU.D-IX/2011 1. Drs. H. Hidayat Atori,M.Si. and Drs. U.Suherlan
2. Djaenudin, S.H., M.MDR. H. MaskanaSumitra, S.H., M.Si. andDrs. H. Ade Sanoesi
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Cianjur Regency ofWest Java Province
February 16,2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 247/273
Annual Report of the Constitutional Court 2011222
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
31/PHPU.D-IX/2011 Albiner Sitompul and dr.Steven P.B. Simanungkalit
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Central TapanuliRegency of NorthSumatera Province(candidate)
April 11, 2011
32/PHPU.D-IX/2011 Dina Riana Samosir andDrs. Hikmal Batubara
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Central TapanuliRegency of NorthSumatera Province
April 11, 2011
33/PHPU.D-IX/2011 H. Sukandar, S.Kom., M.Si.and Hamdi, S.Sos., M.M
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head and
Vice Regional Head ofTebo Regency of JambiProvince
April 14, 2011
59/PHPU.D-IX/2011 Drs. Rusli Sibua, M.Si. andWeni Ritho Paraisu
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Morotai IslandRegency of NorthMaluku Province,
June 20, 2011
63/PHPU.D-IX/2011 Dra. Hj. Sep na Primawa ,M.M. and H. Erizal Muluk
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Headand Vice RegionalHead of PekanbaruMunicipality of RiauProvince
June 24, 2011
82/PHPU.D-IX/2011 H. Imam Suroso, M.M. andSujoko, S.Pd., M.Pd
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Pa Regency ofCentral Java Province.
August 22,2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 248/273
Annual Report of the Constitutional Court 2011 223
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
84/PHPU.D-IX/2011 Dr. Wahidin Puarada,M .Si. and Ir. HermanDonatus Pelix OrisoeDrs. DominggusMandacan.and Origenes Nauw, S.PdGeorge Celcius Auparay,S.H., M.M., M.H. andHassan Ombaier, S.E
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofWest PapuaProvince
August 23,2011
91/PHPU.D-IX/2011 H. La Uku, S.H. and Dani,B.Sc
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Buton Regency ofSouth-East SulawesiProvince
September 21,2011
92/PHPU.D-IX/2011 Samsu Umar AbdulSamiun, S.H. and Drs. LaBakry, M.Si
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head and
Vice Regional Headof Buton Regency ofSouth-East SulawesiProvince
September 21,2011
108/PHPU.D-IX/2011
Ir. H. T.A. Khalid. M.M,Fadhlullah
Pe on of Disputeover General Elec onResults of the RegionalHead as Candidates ofGovernor of Aceh andPidie Regency
November 2,2011
120/PHPU.D-IX/2011
Kristosimus YohanesAgawemu and Mar nusGuntur Ohoiwutun
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofGorontalo Province
December 19,2011
124/PHPU.D-IX/2011
Drs. Dharma Oratmangun,M.Si. and JosepusKulalean, S.Sos,Lukas Uwuratuw andJunusFredrik Batlajery, S.H.,Dr. Paulus Koritelu,
S.Sos. and TimotheusFutwembun, S.Sos
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof South-East WestMaluku Regency of
Maluku Province
December 23,2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 249/273
Annual Report of the Constitutional Court 2011224
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
Case Number Pe oners Substance of the Case Date of Decision
1/PHPU.D-IX/2011 Drs. H. Zulhelmi, S.H.,M.M. and Ir. Novizon, M.E
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof North BengkuluRegency of BengkuluProvince
January 20, 2011
2/PHPU.D-IX/2011 Drs. H. Zulhelmi, S.H.,M.M. and Ir. Novizon, M.E
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofKaro Regency of NorthSumatera Province
January 20, 2011
3/PHPU.D-IX/2011 1. I Gede Ngurah PatrianaKrisna, S.T., M.T. and IKetut Subanda, S.Sos.
2. I Gede Made
Kar kajaya, S.E., M.M.,M.AP. and I GusNgurah Cipta Negara,S.H
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofJembrana Regency ofBali Province
January 26, 2011
5/PHPU.D-IX/2011 Drs. Faudu’asa Hulu and Ir.Alfred Laia
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofSouth Nias Regencyof North Sumatera
Province
February 2, 2011
125/PHPU.D-IX/2011
Isai Wuri mur, S.H., M.H.and Lukas Angwarmase,BCKN
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Headand Vice RegionalHead of South-East West MalukuRegency of MalukuProvince (prospec vecandidates)
December 23,2011
Ditolak
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 250/273
Annual Report of the Constitutional Court 2011 225
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
7/PHPU.D-IX/2011 Drs. Temazisokhi Halawaand Pdt. Foluaha BidayaM.Div
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofSouth Nias Regencyof North SumateraProvince
February 2, 2011
8/PHPU.D-IX/2011 1. dr. H. Amir Hakim H.Siregar., SpOG. and DR.H. Syamsul Bahrum,PhD.
2. Ir. Ria Saptarika,M.Eng.,
3. Nada F. Soraya andNuryanto, S.H
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofBatam Municipality ofRiau Islands Province
February 2, 2011
13/PHPU.D-IX/2011 Drs. Y.S. Dalipang and Drg.Simon Liling
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofNorth Toraja Regencyof South SulawesiProvince
February 16, 2011
15/PHPU.D-IX/2011 1. H. E. Hidayat, S.H.,M.H. and Drs. H. AsepA. Djaelani, M.M.
2. H.R. Harmaen MuchyiWiratanuningrat andDrs. H. Tachman IdingHusein
3. H. Endang Hidayat, S.H.
and Akhmad JuhanaM., M.Pd.4. H. Subarna, S.E.,
M.Si. and Hj. Dede T.Widarsih
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofTasikmalaya Regencyof West Java Province
February 16, 2011
16/PHPU.D-IX/2011 Ny. Sri Sumarni, S.H. andH. Pirman, Spd., M.Pd
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofGrobogan Regency ofCentral Java Province
February 21, 2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 251/273
Annual Report of the Constitutional Court 2011226
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
17/PHPU.D-IX/2011 Bambang Budisatyo, S.H.,M.M. and Edy Mulyanto,S.Si.T
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofGrobogan Regency ofCentral Java Province
February 21, 2011
19/PHPU.D-IX/2011 1. Abock Busup, S.Th.,M.A. and Isak Salak,
A.Md., P.d2. Didimus Yahuli, S.H.
and Welhelmus Lokon,AMs., P.d
Pe on of Disputeover the Results of
General Elec on ofthe Regional Head andVice Regional Headof Yahukimo Regency,Papua Province.
March 3, 2011
20/PHPU.D-IX/2011 Ir. Rama Alexander Asiaand H. Abdul Azizs, S.E.,M.M
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofWest Kutai Regency,East KalimantanProvince,
March 3, 2011
21/PHPU.D-IX/2011 Faduhusi Daeli, S.Pd. andIr. Sinar Abdi Gulo, S.E.,AI., M.Si
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofWest Nias Regency,North SumateraProvince.
March 10, 2011
24/PHPU.D-IX/2011 H. Muhammad Juber,S.Ag., and Ir. H. Isroni
Pe on of Disputeover the Results of
General Elec on ofthe Regional Headand Vice RegionalHead of East TanjungJabung Regency, JambiProvince.
March 16, 2011
25/PHPU.D-IX/2011 Ir. Arnolis Laipeny and Drs.Simon Moshe Maahury
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofSouth-West Maluku
Regency, MalukuProvince.
March 16, 2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 252/273
Annual Report of the Constitutional Court 2011 227
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
26/PHPU.D-IX/2011 Drs. H. Raja Amirullah,Apt., and Daeng Amhar,S.E., M.M
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofNatuna Regency, RiauIslands Province
March 24, 2011
27/PHPU.D-IX/2011 H. Suparman, S.Sos., M.Si.,and H. Hamulian, SP
Pe on of Disputeover the Results of
General Elec on ofthe Regional Head andVice Regional Head ofRokan Hulu Regency,Riau Province.
March 24, 2011
28/PHPU.D-IX/2011 Drs. H. Abdul Anas Badrunand Nasrum
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofPelalawan Regency,Riau Province.
March 31, 2011
29/PHPU.D-IX/2011 Asmin Laura Ha d, S.E.and Karel
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofNunukan Regency, EastKalimantan Province
March 31, 2011
30/PHPU.D-IX/2011 Hj. Sa idah, M.A. and Drs.H. Haryanto, M.M., Ir. H.Moch. Nadjib YN, M.Si.and Hj. Si Azzah, S.Sos
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head and
Vice Regional Headof Demak Regency,Central Java Province
April 11, 2011
34/PHPU.D-IX/2011 Julianus Mnusefer, S.Si.,Th., MAP. and TheodorusKawer, S.IP., M.Si
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Supiori Regency ofPapua Province
April 34, 2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 253/273
Annual Report of the Constitutional Court 2011228
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
35/PHPU.D-IX/2011 Albert Tuliahanuk, S.Pd.,M.M. and Yorim EndarmaS.Pd
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Yalimo Regency ofPapua Province
April 20, 2011
36/PHPU.D-IX/2011 Kol. Laut (Purn) Drs. H.Joharman Ma`in Saleh andDrs. H. Anhar Basaruddin
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Kaur Regency ofBengkulu Province Year2011
April 26, 2011
37/PHPU.D-IX/2011 Aditya Anugrah Moha,S.Ked. and Ir. NormaMakalalag
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofBolaang MongondowRegency of NorthSulawesi Province
April 28, 2011
40/PHPU.D-IX/2011 1. Drs. Aslaman Sadik andAndi Hasan, S.Pd.,
2. dr. H. LD. Sudil Baenu,M.M., M.K e s. andHalimudin Adam.,
3. Ediarto Rusmin, Bae,S.Sos. and Drs. H. LaOde Hasimin
4. H. Laode Bawangi,S.E. and H. La OdeBahasani, S.H.,
5. Prof. DR. H. La OnuLa Ola, S.E., M.S. andDrs. Ec. H. La Ode BoaSardiman, Bc., Kn.,M.Si
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Wakatobi RegencySouth-East SulawesiProvince
Mei 4, 2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 254/273
Annual Report of the Constitutional Court 2011 229
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
41/PHPU.D-IX/2011 Faigi`asa Bawamenewi,S.H. and Ronal Zai
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofNias Regency of NorthSumatera Province
May 10, 2011
42/PHPU.D-IX/2011 Damili R. Gea, S.H. andAluizaro Telaumbanua,A.Ma.Pd
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofNias Regency of NorthSumatera Province
May 10, 2011
43/PHPU.D-IX/2011 Drs. H. Ok. Fauzi Jamil andTengku Muhazza
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofSiak Regency of RiauProvince
May 10, 2011
44/PHPU.D-IX/2011 H. Said Muhammad, S.H.and Rusdaryanto
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofSiak Regency of RiauProvince
May 10, 2011
45/PHPU.D-IX/2011 Drs. H. Ma`mun Amir andIr. H. Muh. Faizal Mang,M.M
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head and
Vice Regional Headof Banggai Regencyof Central SulawesiProvince
May 11, 2011
46/PHPU.D-IX/2011 Herman Sani, S.H.,M.Si. and Ir. WahyudiPurwowasirto
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofRokan Hilir Regency ofRiau Province
May 11, 2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 255/273
Annual Report of the Constitutional Court 2011230
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
47/PHPU.D-IX/2011 Drs. Ahmadi Zubir, M.M.and Mushar Azhari, S.Pd.,Dpt
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Headand Vice RegionalHead of Sungai PenuhMunicipality of JambiProvince
May 11, 2011
48/PHPU.D-IX/2011 Kamaludin Havis, S.Ag.and Rizal Lubis Hj.Masnah Busro, S.E. andDrs. Ahmad Ari n Drs.Asnawi AB, M.M. and H.Idi Irwansyah Drs. R. AzisMuslim and Irwansyah,S.H, Drs. H. MuchtarMuis, M.M. and RatumasJuariah
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofMuaro Jambi Regencyof Jambi Province
May 23, 2011
49/PHPU.D-IX/2011 Drs. H. Musrini, M.Si. andGumpita, Sp., M.Si
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Kuantan SingingiRegency of RiauProvince
May 23, 2011
51/PHPU.D-IX/2011 Drs. Anthonius Lesnussa,M.M. and Drs. H. Hadji Ali
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofSouth Buru Regency ofMaluku Province,
May 23, 2011
52/PHPU.D-IX/2011 H. Indra Porkas Lubis, M.Aand H. Firdaus Nasu on
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Mandailing NatalRegency of NorthSumatera Province
May 27, 2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 256/273
Annual Report of the Constitutional Court 2011 231
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
53/PHPU.D-IX/2011 As`ad Isma, M.Pd. andDrs. H. Maryadi Syarif,M.Pd
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofSarolangun Regency ofJambi Province
June 6, 2011
54/PHPU.D-IX/2011 Ir. Suriawan Prihandi, MP.and H. Syarkawi HartaTahan
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofSouth Barito Regencyof Central KalimantanProvince
June 13, 2011
55/PHPU.D-IX/2011 Ir. H. Diah Sunarsasi andMilhous Teddy Sulistyo,S.E
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofSala ga Municipality ofCentral Java Province
June 13, 2011
56/PHPU.D-IX/2011 Muh. Subhan Tambera,S.E., M.Si. and Drs. H.Abdul Azis Baking
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofBombana Regency ofSouth-East SulawesiProvince
June 15, 2011
57/PHPU.D-IX/2011 Ari n Nurdin, S.E., M.S.Ak.and Muhammad Rizal
Muchtar, S.Sos., M.M
Pe on of Disputeover the Results of
General Elec on ofthe Regional Head andVice Regional Headof Majene Regencyof West SulawesiProvince
June 20, 2011
58/PHPU.D-IX/2011 Drs. H. M. Rizal Sirajuddin,M.Si. and Drs. H. M. RusbiHamid, M.Si., H. AchmadSyukri, S.E., M.M. andSyahariah, S.E
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Majene Regency
of West SulawesiProvince
June 20, 2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 257/273
Annual Report of the Constitutional Court 2011232
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
60/PHPU.D-IX/2011 Anghany Tanjung, S.E. andHi. Arsyad Haya, A.Ma
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Morotai IslandRegency of NorthMaluku Province,
June 20, 2011
62/PHPU.D-IX/2011 La Kadir, S.H., M.H. and
Souhaly Roberth, S.H.,M.H
Pe on of Dispute
over the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofWest Seram Regencyof Maluku Province
June 21, 2011
68/PHPU.D-IX/2011 1. Daniel Palapia, S.H.and La Suriadi.,
2. Drs. Ferry Wa mury,M.Si. and Hi. AwathTernate.,
3. Dr. Ny. Hesina J.
Huliselan/T, M.Kes. andMachfud Walilulu, S.E
4. Drs. Paulus Kastanya,M.Si. and Drs. LaHamsidi
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofAmbon Municipality of
Maluku Province.
June 28, 2011
69/PHPU.D-IX/2011 Hendrik Worumi, S.Sos.,M.Si. and Pene I Kogoya,S.Pd., M.M
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofJayapura Municipalityof Papua Province
June 30, 2011
71/PHPU.D-IX/2011 1. A b i s a i R o l l o a n dReyneilda M. Kaisepo,S.Si., M.Th
2. Dr. Musa Yan Jouwe,S.H., M.Si. and Ir. H.Rustan Saru, M.M.,
3. Drs. Jan Hendrik Hamadiand Drs. Lievelien L.Ansanay Monim.,
4. Thobias Solossa, S.H.,M.M. and Haryanto S.H.,Pdt. Frederick Hendrick
Toam, S.Th. and Ir. JimmySpenyel Ansanay, M.M
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofJayapura Municipalityof Papua Province
June 30, 2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 258/273
Annual Report of the Constitutional Court 2011 233
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
72/PHPU.D-IX/2011 Drs. Simon Hayon and Drs.Fransiskus Diaz Al , M.M
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofEast Flores Regencyof East Nusa TenggaraProvince
July 7
73/PHPU.D-IX/2011 Felix Fernandez, S.H., C.N.
and M. Ismail Arkiang,S.H., M.H
Pe on of Dispute
over the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofEast Flores Regencyof East Nusa TenggaraProvince
July 7
75/PHPU.D-IX/2011 Drs. Alpius Lokbere andDinard Kelnea, S.Sos
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head
of Nduga Regency ofPapua Province
July 7, 2011
76/PHPU.D-IX/2011 Drs. Edison Nggwijanggeand Aliaser Tabuni, Sm.,Th
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Nduga Regency ofPapua Province
July 7, 2011
77/PHPU.D-IX/2011 Syahdan Anggoi, S.Sos.and Honorius Bruno, S.KM
Pe on of Disputeover the Results of
General Elec on ofthe Regional Head andVice Regional Headof Landak Regencyof West KalimantanProvince.
July 15, 2011
78/PHPU.D-IX/2011 Drs. Suprapta and Drs.H. So`im, M.M Drs. H.Mulyono and AhmadSumiyanto, S.E., M.Si
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofKulon Progo Regency
of Special Territory ofYogyakarta Province,
July 25, 2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 259/273
Annual Report of the Constitutional Court 2011234
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
79/PHPU.D-IX/2011 Irianto Malinglong andEhud Salamat
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Banggai IslandsRegency of CentralSulawesi Province.
August 9, 2011
83/PHPU.D-IX/2011 Budhi Sarwono and
Kusuma Winahyu Diah,A.T
Pe on of Dispute
over the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Banjarnegara ofCentral Java Province
August 23, 2011
85/PHPU.D-IX/2011 Briur Wenda, S.Pd. andSolayen Murib Tabuni, S.E
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofLanny Jaya Regency of
Papua Province
August 23, 2011
86/PHPU.D-IX/2011 Nius Kogoya, S.Th. andTerry Wanena, S.Pd., M.Pd
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofLanny Jaya Regency ofPapua Province
August 23, 2011
87/PHPU.D-IX/2011 Wiklif Wakerkwa, S.Sos.and Adolof Kogoya, S.E,Doren Wakerkwa, S.H. andMoury Kogoya, M.Th
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofLanny Jaya Regency ofPapua Province
August 23, 2011
89/PHPU.D-IX/2011 Drs. Manase Paa, M.Si.and Paskalis Baru, S.Pd
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofTambrauw Regency ofWest Papua Province,
September 21,2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 260/273
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 261/273
Annual Report of the Constitutional Court 2011236
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
101/PHPU.D-IX/2011
Hj. Ririn Kuswantari, S.Sos.and Subhan Efendi, S.H
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofPringsewu Regency ofLampung Province
October 28, 2011
102/PHPU.D-IX/2011
1. Hi. Syaifullah Sesunan,S.H., M.H. and dr. Hi.
Edi Winarso2. DR. (Cand) Frans Agung
Mula Putra, S.Sos.,M.H. and Hi. SyamsulHadi,
3. Hi. Putra Jaya Umarand Subroto, S.Pd
Pe on of Disputeover the Results of
General Elec on ofthe Regional Head andVice Regional Head ofWest Tulang BawangRegency of LampungProvince
October 28, 2011
103/PHPU.D-IX/2011
Ir. H. Iskandar Maliki,M.M., M.H. and AgusSe o, S.E
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head
of Mesuji Regency ofLampung Province
November 1, 2011
105/PHPU.D-IX/2011
Korneles Melky Daufera,S.T. and Adrian Roy Senis,Amd.Tek.,
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Sarmi Regency ofPapua Province
November 1, 2011
106/PHPU.D-IX/2011
Berthus Kyeu-Kyeu,B.A., M.PA. and Isak S.
Wersemetawar, S.Kom
Pe on of Disputeover the Results of
General Elec on ofthe Regional Head andVice Regional Headof Sarmi Regency ofPapua Province
November 1, 2011
109/PHPU.D-IX/2011
Hardiman, S.Ag., M.Si. andIndra Putra, S.Sos.I., M.Sc
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Headand Vice RegionalHead of KamparRegency of Riau
Province (Prospec veCandidates)
November 10,2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 262/273
Annual Report of the Constitutional Court 2011 237
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
110/PHPU.D-IX/2011
Drs. Muhammad Ali Baal,M.Si. and Drs. H. TashanBurhanuddin, M.S
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Headand Vice RegionalHead of West SulawesiProvince
November 10,2011
111/PHPU.DIX/2011 Salim S. Mengga andAbdul Jawas Gani, S.H.,M.H
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Headand Vice RegionalHead of West SulawesiProvince
November 10,2011
112/PHPU.D-IX/2011
Antonius and Melki Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Mentawai IslandsRegency of WestSumatera Province
November 10,2011
113/PHPU.D-IX/2011
Ir. H. Bakir Lumbessy,M.BA. and Hj. Etha AisyaHen hu
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Buru Regency ofMaluku Province
November 21,2011
114/PHPU.D-IX/2011
Drs. H. Wahidin Halim,M.Si. and Hj. Irna Narulita,S.E., M.M
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofBanten Province
November 22,2011
118/PHPU.D-IX/2011
Drs. Aminadab Jumameand Marinus Kwamtakai,S.Pd
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Mappi Regency ofPapua Province
December 13,2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 263/273
Annual Report of the Constitutional Court 2011238
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
119/PHPU.D-IX/2011
Drs. Dominggus Mandacanand Origenes Nauw, S.Pd,DR. Wahidin Puarada,M.Si. and Ir. HermanDonatus Pelix Orisoe,George Celcius Auparay,S.H., M.M., M.H. andHassan Ombaier, S.E
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofWest Papua Province
December 19,2011
122/PHPU.D-IX/2011
Ir. Laode Haimuddin, M.M.and Nizam Dai, S.IPem
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofBoalemo Regency ofGorontalo Province
December 21,2011
Cannot be Accepted
Case Number Pe oners Substance of the Case Date of Decision
4/PHPU.D-IX/2011 Fahuwusa laia, S.H., M.H.
and Rahmat AlyakinDakhi, S.KM., M.Kes
Pe on of Dispute
over the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofSouth Nias Regencyof North SumateraProvince (Prospec veCandidates)
February 2, 2011
6/PHPU.D-IX/2011 DR. (HC) Hadirat Manao,S.H., M.H. and DenismanBu’ololo, S.T
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head and
Vice Regional Head ofSouth Nias Regencyof North SumateraProvince (Prospec veCandidates)
February 2, 2011
9/PHPU.D-IX/2011 Doli Boniara andMuhammad Dali
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Karimun Regencyof Riau Islands
Province (Prospec veCandidates)
February 11, 2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 264/273
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 265/273
Annual Report of the Constitutional Court 2011240
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
38/PHPU.D-IX/2011 Drs. Suharjo D. Makalalag,M.Ed. and HasnaMokodompit
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Headand Vice RegionalHead of BolaangMongondow Regencyof North SulawesiProvince, (Prospec veCandidates)
April 28, 2011
39/PHPU.D-IX/2011 Drs. H. M. Sudin Asrin andKurniadi, S.E
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Sambas Regencyof West KalimantanProvince
April 28, 2011
50/PHPU.D-IX/2011 Prof. (Em) Drs. H.Aminuddin Ponulele,M.S. and Dr. Hj. LucianaIs Baculu, S.E., M.M, H.Sahabuddin Mustafa andDrs. H. Faisal Mahmud H.Ahmad Yahya, S.E, M.M.and Drs. H. Moh. Ma`rufBan lan., M.M
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Central SulawesiProvince
May 23, 2011
61/PHPU.D-IX/2011 Umar Hi. Hasan, S.IP.,M.M. and Drs. W. SepnathPinoa, M.Si
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Morotai IslandRegency of NorthMaluku Province
June 20, 2011
64/PHPU.D-IX/2011 Andry Muslim, andMarbaga Tampubolon
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Headand Vice RegionalHead of PekanbaruMunicipality of RiauProvince (Prospec veCandidates)
June 16, 2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 266/273
Annual Report of the Constitutional Court 2011 241
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
65/PHPU.D-IX/2011 Ir. Lukas Lipataman andDrs. Muhidin Ishak
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Lembata Regency,East Nusa TenggaraProvince (Prospec veCandidates)
June 27, 2011
66/PHPU.D-IX/2011 Drs. Petrus TawaLangoday, and AkhmadBumi, S.H
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Lembata Regency,East Nusa TenggaraProvince (Prospec veCandidates)
June 27, 2011
67/PHPU.D-IX/2011 Paulus Doni Ruing, S.E.and Johanis Kia Poli
Pe on of Disputeover the Results ofGeneral Elec on of
the Regional Head andVice Regional Headof Lembata Regency,East Nusa TenggaraProvince (Prospec veCandidates)
June 27, 2011
70/PHPU.D-IX/2011 Yulius Mambay, S.E. andPetrus Paulus Ell, S.H
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofJayapura Municipalityof Papua Province
June 30, 2011
74/PHPU.D-IX/2011 Yakoba L. Lokbere, S.E.and Drs. Thomas Ameng
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Nduga Regency ofPapua Province
July 7, 2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 267/273
Annual Report of the Constitutional Court 2011242
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
80/PHPU.D-IX/2011 H. Harman RahmatPandipa, S.E. and Letkol(U) Drs. H. Wenny Bukamo
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Banggai IslandsRegency of CentralSulawesi Province
August 9, 2011
81/PHPU.D-IX/2011 H. M. Slamet Warsito, S.T.,M.T. M.R.E. and Dr. Hj. SriMulyani, Dra., M.M,
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Pa Regency ofCentral Java Province
August 22, 2011
90/PHPU.D-IX/2011 Petrus P. Yembra and Drs.Erick Mayor, M.Si
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofTambrauw Regency ofWest Papua Province
September 21,2011
93/PHPU.D-IX/2011 Abdul Hasan Mbou, S.Sos.and H. Buton Achmad, S.E
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Buton Regency ofSouth-East SulawesiProvince
September 19,2011
104/PHPU.D-IX/2011
1. Arif Budiman, S.KM.and Yedi Supriatna,S.H., M.H,
2. Suprapto, S.Psi., M.H.and Dahlan Dahlir, S.E
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Mesuji Regency ofLampung Province
November 1, 2011
107/PHPU.D-IX/2011
George weyasu, S.H. andNicanor Dimo, S.H
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Sarmi Regency ofPapua Province
November 1, 2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 268/273
Annual Report of the Constitutional Court 2011 243
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
115/PHPU.D-IX/2011
H. Jazuli Juwaini, L.C.,M.A. and Drs. MakmunMuzakki
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofBanten Province
November 22,2011
116/PHPU.D-IX/2011
Dwi Jatmiko and TjejepMulyadinata
Pe on of Disputeover the Results ofGeneral Elec on of
the Regional Headand Vice RegionalHead of BantenProvince (Prospec veCandidates)
November 22,2011
117/PHPU.D-IX/2011
Kristosimus YohanesAgawemu and Mar nusGuntur Ohoiwutun
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Mappi Regency ofPapua Province
December 13,2011
121/PHPU.D-IX/2011
Kristosimus YohanesAgawemu and Mar nusGuntur Ohoiwutun
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofGorontalo Province
December 19,2011
123/PHPU.D-IX/2011
Haryanto and Budiyono Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Headof Pa Regency ofCentral Java Province
December 13,
2011
Re-Withdrawn
Case Number Pe oners Substance of the Case Date of Decision
88/PHPU.D-IX/2011 Ir. Hj. War ah Thalib,M.M. and H. So ansyah,S.Pd
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head of
South Barito Regencyof Central KalimantanProvince
August 22, 2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 269/273
Annual Report of the Constitutional Court 2011244
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
94/PHPU.D-IX/2011 Drs. Winsulangi Salindehoand Drs. SiegfriedTakarangkian Makagansa,M.M
Pe on of Disputeover the Results ofGeneral Elec on ofthe Regional Head andVice Regional Head ofSangihe IslandsRegency of NorthSulawesi Province
October 13, 2011
List of the Constitutional Court’s Decisions on Disputes over theAuthority of State Institutions
(Throughout 2011)
Cannot be accepted
Case Number Pe oners Substance of the Case Date of Decision
1/SKLN-IX/2011 Government of SorongRegency
Dispute over theAuthority of StateIns tu ons betweenthe Government ofSorongRegency and theGovernment of SorongMunicipality.
June 20, 2011
2/SKLN-IX/2011 1. H. Andi Harahap,S.Sos., as Regent of North Penajam PasserRegency,
2. Nanang Ali, S.E.,as Speaker of theRegional People’sLegisla ve Assemblyof North PenajamPasser Regency, EastKalimanten Province
Dispute over theAuthority of StateIns tu ons whoseauthority is granted bythe 1945 Cons tu onbetween the Regentof North PenajamPasser Regency andthe Regional People'sLegisla ve Assemblyof North PenajamPasser Regency, EastKalimantan Provinceagainst Ministerof Forestry of theRepublic of Indonesia
September 29,2011
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 270/273
Annual Report of the Constitutional Court 2011 245
Developing The Synergy Of TheConstitutional Court, Research, And
Pancasila Education
Dynamics Of TheConstitutional Court
FinancialAccountability Closing
4/SKLN-IX/2011 Na onal Movement forthe Eradica on of CriminalActs of Corrup on orGerakan NasionalPemberantasan TindakPidana Korupsi (GN-PK)
Dispute over theAuthority of StateIns tu ons whoseauthority is grantedby the 1945Cons tu on betweenGerakan NasionalPemberantasan TindakPidana Korupsi (GN-PK), against Ministerof Religious A airsof the Republic ofIndonesia
November 24,2011
For cases of Dispute over the Authority of State Institutions, throughout 2011 the Constitutional•
Court has passed decisions upon three cases. It has been declared that all of them cannotbe accepted
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 271/273
Annual Report of the Constitutional Court 2011246
IntroductionAuthority Of The Constitutional Court and
The Constitutional Democratic StateMaintaining the Integrity
of the Constitutional Court
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 272/273
The Authors Annual Report of the Constitutional Court 2011
directive: Janedjri M. Gaffar. caretaker: Budi Achmad Djohari. Coordinator: Heru Setiawan. Editors: MiftakhulHuda, Rita Triana. Scriptwriter: Miftakhul Huda, Rita Triana, Achmad Dodi Haryadi, Nur Rosihin, Lulu AnjarsariP, Nano Tresna Arfana, Yusti Nurul Agustin, Abdullah Yazid, Shohibul Umam. Design dan Layout: Nur Budiman,Teguh Birawa Putra, Syawaludin, Rudi, Herman To. Photographers: Ganie, Prana Patrayoga, Yogi Djatnika,Andhini Sayu Fauziah, Annisa Lestari, Fitri Yuliana, Ilham Muhammad, Lulu Anjarsari P, Ray Bachtiar, Fajar, Eva, Tifa.
8/17/2019 Laporan Tahunan 2011 English
http://slidepdf.com/reader/full/laporan-tahunan-2011-english 273/273