COMPARISON OF CONSTITUTIONAL COURT AUTHORITY BETWEEN INDONESIA AND SOUTH KOREA

Janpatar Simamora

doi:10.20884/1.jdh.2015.15.3.446

Abstract

This paper is intended to find out the comparison between Indonesian and South Korea constitutional court. Constitutional Court of Indonesia and South Korea have same authority, namely judicial review, the authority decide the disputes between state institutions and the dissolution of political parties. However, there are some differences. From the point of authority, Constitutional Court of Korea is more comprehensive because it has the constitutional complaint authority and in deciding the dispute of state institutions authority, the dispute type of the state institutions authority is classified explicitly. But fromthe point of judicial review execution, the constitutional court in Indonesia is more comprehensive because the applicant could be more flexible. Indonesian Constitutional Court should be able to adopt the excellence of Constitutional Court of Korea while maintaining it’s excellence to maximize the Constitutional Court as escort agencies and interpreter of the Constitution. Keywords: Indonesia, authority, South Korea, constitutional court .

Highlights

A comparison of constitutional court between Indonesia and South Korea can be found through some similarities and differences of both constitutional court
Constitutional court of both countries have the same authority to judicial review, rule on the dispute the authority of state institutions, the dissolution of political parties and the impeachment
The difference is that the South Korean constitutional court has the authority to conduct constitutional complaint, while the Indonesian constitutional court has no authority on it

Summary

Introduction

The establishment of Constitutional Court (MK) in Indonesia, in particular by adopting a judicial review authority as one of judiciary constitutional authority should be interpreted as an effort to strengthen the embodiment of a state law that puts the constitution as the highest law. 1 The embodiments of the legal state of Indonesia as defined by Article 1 line (3) NRI. Regardless of the statistical difference in the number of cases in each constitutional authority of the Constitutional Court, the most important thing that should be interpreted wisely is that the existence of the Constitutional Court itself has been demonstrated through the process of handling the cases. This fact that make the various parties to continue to encourage more the Court to be able to maintain the independence and objectivity in dealing with any cases which maintain the authority. Korean constitutional court is adopted in the judicial authority model of the Indonesian constitution. South Korean constitutional court is important to be studied to make the corrections within the framework as an efforts to improve the Court in Indonesia. Undang-Undang”, available on web http://www.mahkamahkonstitusi.go.id/index.php?page=web.RekapPUU, accessed on November, 14th 2015

Discussion

24 Year 2003 regarding the Constitutional Court

Findings

A Comparison of Indonesia and South Korea

Summary