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Constitutional Court of Indonesia : ウィキペディア英語版
Constitutional Court of Indonesia

The Constitutional Court of the Republic of Indonesia ((インドネシア語:Mahkamah Konstitusi Republik Indonesia)) was established as a consequence of the third amendment to the Constitution of Indonesia, ratified by the People's Consultative Assembly on 9 November 2001 〔Denny Indrayana (2008), pp. 241, 266〕
==History==

Between the adoption of the third Constitutional amendment and the establishment of the Constitutional Court, the duties of the Constitutional Court were carried out by the Supreme Court.
In August 2003, the People's Consultative Assembly passed the Constitutional Court Act (Law No 24 of 2003) and the nine justices were appointed on 15 August. They were sworn in the following day. On 15 October 2003, the Supreme Court handed over authority, marking the start of the Constitutional Court's activities.〔(Constitutional Court Website: History of The Constitution Court ) accessed 17 May 2009〕 The nine founding judges were:
* Prof. Dr Jimly Asshiddiqie from the University of Indonesia
* Dr Harjono from Airlangga University, Surabaya,
* I Gede Dewa Palguna from Udayana University, Denpasar
* Dr Laica Marzuki, a former judge of the Supreme Court
* Maruarar Siahaan, former chairman of the High Court of Bengkulu
* Soedarsono, former chairman of the Administrative High Court of Surabaya
* Prof. Mukthie Fajar from Brawijaya University, Malang
* Prof. H.A.S. Natabaya from Sriwijaya University, Palembang
* Lieutenant General (Retired) Roestandi.
For the first time, a prominent scholar who was actively involved in the process of discussing amendments to the Indonesian constitution and with the introduction of the idea of the constitutional court, Prof. Dr Jimly Asshiddiqie was elected the first chief judge (2003–2006). With the successful completion of his first period on the court, he was then re-elected as the chief judge for a second term of 2006-2009. He resigned from the court after finishing his first five-year term of office. After the completion of this first five years periode, the Constitutional Court has been considered one of the icon of Indonesian reform success story, together with the Anti Corruption Eradication Commission. The leadership of the court continued under Prof. Dr Mohammad Mahfud, a senior politician of National Awakening Party and member of parliament.
The constitutional court has five jurisdictions:
* Constitutional review of legislation (law)
* Disputes about constitutional competence between state institutions
* Disputes about electoral results
* Dissolution of political parties
* Impeachment of the president or vice-president
With the establishment of the court, the aim is to safeguard democracy and the constitution according to the principle of rule of law, and the constitutional rights of the people and human rights can be protected accordingly. The high-profile performance of the constitutional court has made it a respected institution in Indonesia. During the general election and the first presidential election in 2004, the role taken by the constitutional court was widely appreciated by the people. Many landmark decisions have been made in the fields of politics, social, and economic law since its first year of establishment. The rehabilitation of the political rights of former members of communist party, the prohibition of retroactive law of anti-terrorism, the abolition of articles of subversive law and of defamation against presidential institution, etc., are among the landmark decisions which made it influential in guiding the new democracy of Indonesia. Public interest in the court has included discussion of the appointment processes of judges; the delineation of responsibilities between the Constitutional Court and other parts of the legal system; and overall approach that the Court has taken to the issues that it has considered.〔Prodita Sabarini and Ina Parlina, '(Constitutional Court: Independence of the last resort' ), ''The Jakarta Post'', 3 May 2013.〕
In mid-2011 the Indonesian parliament approved certain changes to the 2003 Constitutional Court Law that established the Constitutional Court.〔'(Constitutional Court's power to be limited )', ''The Jakarta Globe'', 15 June 2011. Dicky Christanto, '(House passes amendments to Constitutional Court law )', ''The Jakarta Post'', 22 June 2011〕 The revisions approved include changes to the arrangements for the Court's ethics council, a strengthening of the qualifications and experience required for the appointment of justices, a reduction in the term of the Court's chair and deputy chair (to two-and-a-half years, down from three years), and raising the mandatory retirement age for justices from 67 years to 70 years. The proposal to change the arrangements for the membership of the Court's ethics council was a controversial issue with the first chief judge of the court, Jimly Asshiddiqie, describing the planned changes as "frivolous."
In October 2013, in a move designed to improve the standards of appointment of justices to the Court following the arrest of the then-chief justice Akil Mochtar (see below), president Susilo Bambang Yudhoyono issued a regulation-in-lieu-of-law (known as a ''Peraturan Pemerintah Pengganti Undang-undang'' or ''Perppu''). The ''Perppu'' set out new arrangements relating to the processes of selection of justices. Under the proposed arrangements, a Constitutional Court justice is not to have had links to a political party for at least seven years and will have to undergo screening by an independent selection panel. In addition, a permanent ethics committee will be established to monitor the performance of the Court. On 19 December 2013 the Indonesian parliament endorsed the ''Perppu''.〔Haeril Halim and Ina Parlina, '(House endorses SBY's MK reform plan' ), ''The Jakarta Post'', 20 December 2013.〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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