ACTIVISM OF INDONESIAN CONSTITUTIONAL COURT ON ELECTION LAW: ENHANCING PUBLIC CONFIDENCE OR UNDERMINING THE RULE OF LAW?

This paper examines how Indonesian Constitutional Court has important role on making election law. 1945 Constitution stipulates election in some aspects: principle of election, presidential and legislative election and institutional arrangements. Thus the Constitution delegates to the legislature in regulating all matters about election, therefore it is considered as “political question” which recognized as domain of elected agencies. After examining decisions on election law 2004-2020, the court could be attributed to active court as characterized acting as law-maker and using policy in it is decisions. As result, issues of election law bring tension between the court and lawmakers and put the court very decisive in judging political democracy. Handing down strong decisions may enhance public confidence to the court, bring great benefits to citizens and strengthen democracy and rule of law, but it shows that the court tends to encroach on the territory of the law making.