The Indonesian Constitutional Court and Informal Constitutional Change

Abstract

Abstract During the constitutional reform process from 1999 to 2002, the 1945 Constitution underwent major revisions. Although the formal process of constitutional amendment ended in 2002, the creation of the Constitutional Court in 2003 prompted the process of informal amendment. This chapter argues that the main driving force of informal constitutional change is the jurisprudence of the Constitutional Court. Since its beginning, the Constitutional Court has fostered constitutional change through its interpretation of the written text. For instance, the Court’s interpretation of Article 33 on the Economic Clause has changed the scope and meaning of the Economic Clause. Similarly, in the area of electoral law, the Court has interpreted the meaning of some provisions in the Constitution beyond the written text. The role of the Constitutional Court in fostering informal constitutional change has occurred not only through the interpretation of the text, but also through the use of procedural tools, and it has even invented new procedural rules. In sum, this chapter argues that the Constitutional Court has become the primary actor in the silent transformation of the 1945 Constitution through informal constitutional change.