Constitutional Democracy in Indonesia

Abstract

Abstract The Indonesian Constitution is an important text that governs the world’s third largest democracy. After decades of authoritarian rule, the post-1998 era was characterized by a series of deliberate amendments to the 1945 Constitution. The constitution-making process that took place from 1999 to 2002 introduced profound changes to the legal and political system, including an emphasis on judicial independence, a bill of rights, and the introduction of a Constitutional Court. A culture of constitutional democracy in Indonesia has developed through the robust engagement of civil society and ongoing advocacy campaigns for law and justice by legal advocates. This volume explores an ongoing set of debates over the meaning and practice of constitutional democracy in Indonesia. This includes the powers of the legislature, the impact of decentralization, the scope of rights and permissible limits on rights, the regulation of elections, the watchdog role of accountability agencies, the influence of religion, and the role of the Constitutional Court. The chapters analyse these legal and political issues in light of the social, political, and economic environment that has seen a decline in tolerance, freedom, and respect for minorities, raising questions about the state of democracy in Indonesia. New demands for amendments to the Constitution and calls to revert to its original form are a potential threat to constitutional democracy.