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Today's Headlines Constitutional Court

  • Constitutional Court Confirms Widodo's Victory in Indonesia's 2019 Election

    On Thursday (27.06.2019) Indonesia's Constitutional Court read out its verdict on the subject of alleged election campaign violations in the 2019 presidential election that was held on 17 April 2019. Defeated presidential candidate Prabowo Subianto had filed the legal challenge as he felt the official results (which had been announced by Indonesia's General Elections Commission/KPU) were heavily influenced by widespread fraud and vote-buying.

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  • Constitutional Court Indonesia Allows Marriage Between Colleagues

    It was common in numerous Indonesian companies and sectors to discourage colleagues or coworkers in one company to marry each other. Usually, when Indonesians sign a contract to start a new job at a company, one of the requirements that is set in the contract is that employees are prohibited from marrying a colleague (in the same company). In case two colleagues would fall in love and decide to marry, then one of them would have to leave their job at the company.

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  • Tax Amnesty Program of Indonesia is Constitutional, Says Court

    Indonesia's Constitutional Court declared the government's tax amnesty program as "constitutional". In July 2016 a group of legal activists had filed for a judicial review of the central government's tax amnesty program on claims that the program would turn money laundering into a legal practice, would protect criminals, would teach Indonesian citizens not to pay taxes, and would generally constitute an unfair program from a social point of view. The court rejected these arguments.

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  • Tax Amnesty Program of Indonesia Reviewed by Constitutional Court

    Indonesian Finance Minister Sri Mulyani Indrawati was at a court hearing in Jakarta on Tuesday (20/09) to defend the legality of the nation's tax amnesty program. In July 2016 legal activists, gathered within the One Justice Foundation (Yayasan Satu Keadilan) and Indonesian People's Struggle Union (Serikat Perjuangan Rakyat Indonesia), filed for a judicial review at the Constitutional Court claiming that the program turns money laundering into a legal practice, protects criminals, teaches Indonesian citizens not to pay taxes, and constitutes an unfair program from a social point of view.

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  • Remarkable News: Indonesia to Make Gay Sex a Crime?

    A group of Islamic activists in Indonesia, called the Family Love Alliance (in Indonesian: Aliansi Cinta Keluarga, or AILA), are pushing for an amendment of an existing Indonesian law that criminalizes sexual acts between adults and minors of the same gender. AILA activists filed for a judicial review of this law at Indonesia's Constitutional Court and want authorities to include sexual acts between adults of the same gender. The existing law mandates a maximum prison sentence of 15 years.

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  • Update Indonesia’s Regional Election Law: SBY Has ‘Plan B’

    Incumbent Indonesian President Susilo Bambang Yudhoyono (SBY) announced on Tuesday (30/09) that he prepares a plan to undermine the new bill - accepted by Indonesia’s House of Representatives (DPR) - that blocks direct elections for regional leaders (leaving it to regional legislatures to elect mayors, district heads and governors). Many institutions and people have objected against the new bill as it is regarded a setback for the democratization process in Indonesia. SBY also immediately expressed its concern about the passing of the new bill.

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  • Indonesian Rupiah Exchange Rate Depreciates Sharply on New Bill

    The Indonesian rupiah exchange rate depreciated sharply on Monday (29/09) due to the market’s reaction against parliament’s passing of a bill that ends direct elections in the regions. On Friday (26/09), parliament agreed that mayors, district heads and governors will be elected by local legislatures instead of the people. Critics say this bill is a major setback for democracy and makes the system more vulnerable to corruption. Last Friday, investors had already pulled USD $119 million from Indonesian shares.

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  • Economy of Indonesia: Regional Election Bill and US Economic Data

    The most controversial and heatedly debated news story from Indonesia in the past week was parliament’s approval of a new bill that puts an end to direct voting in the regions. This means that it are not the people but instead the regional legislatures that will elect mayors, district heads and governors. Critics say this is a major setback for the democracy process of Indonesia and will make local elections prone to corruption, collusion and nepotism as Indonesia’s legislatures - both at the national and regional level - are believed to be corrupted to a high degree.

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  • Indonesian Constitutional Court Rejects Prabowo Subianto’s Election Challenge

    It took about six hours for Indonesia’s Constitutional Court (Mahkamah Konstitusi) to read out the lengthy 300-page verdict in the case that was filed by defeated presidential candidate Prabowo Subianto, who claimed that the result of Indonesia’s July 2014 presidential election was invalid due to large-scale violations and fraud that allegedly occurred during the voting and counting processes. During the read out it became increasingly clear that the Constitutional Court would reject Subianto’s claims due to a lack of evidence.

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Latest Columns Constitutional Court

  • Introduction to the November 2023 Report of Indonesia Investments

    Introduction to the November 2023 Report of Indonesia Investments

    It was interesting to read that the Ethics Council of Indonesia’s Constitutional Court decided to remove Anwar Usman from his post as Chief Justice (in early November 2023) after he apparently cast a deciding vote in favour of a controversial revision that allows his nephew-by-marriage, Gibran Rakabuming, to join the upcoming 2024 presidential election as one of the three vice-presidential candidates.

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  • Constitutional Court of Indonesia Embraces Religious Freedom

    The Constitutional Court of Indonesia (in Indonesian: Mahkamah Konstitusi), whose tasks involve the reviewing of constitutionality under the Indonesian Constitution, issued a recommendation that can be regarded a landmark ruling in Indonesia where - so far - the state only recognizes six official religions.

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  • Indonesia's Tax Amnesty Program: Calls for Celebration or Pessimism?

    After the Constitutional Court had already confirmed earlier this week that Indonesia's tax amnesty program is not in violation of the nation's constitution, there occurred a second reason for celebration related to the tax amnesty program: the total of declared assets up to Wednesday (14/12) had surpassed the government's target of IDR 4,000 trillion (approx. USD $301 billion), about 3.5 months before the end of the program. Despite this success there remains reason for pessimism.

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  • Weak Tax Revenue Indonesia in 1H-2016, Spotlight on Tax Amnesty

    Indonesia's tax revenue realization in the first half of 2016 was disappointing. According to the latest data, Southeast Asia's largest economy collected a total of IDR 518.4 trillion (approx. USD $39.6 billion) worth of tax revenue (including customs and excise) in the first six months of 2016, down 3.3 percent (y/y) from tax revenue realization in the same period one year earlier, and only 33.7 percent of total targeted tax revenue (IDR 1,539.2 trillion) set in the revised 2016 State Budget. The disappointing performance is mainly due to weak tax income from the oil and gas sector.

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  • Remarkable News Indonesia: to Insult or Criticize the President?

    In the past couple of days Indonesian media touched upon the government’s proposal to revive a law that had been removed by Indonesia’s Constitutional Court in 2006. This law makes the act of insulting the Indonesian president an illegal act and can lead to prison sentences and fines. Criticism on the government’s proposal immediately emerged as several legislators and human rights activists fear that freedom of speech will be curtailed in the young democracy. Moreover, it can further erode public support for President Joko Widodo.

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  • Update Indonesian Rupiah Exchange Rate: Why Depreciating?

    The Indonesian rupiah exchange rate depreciated 0.35 percent to IDR 11,714 per US dollar according to the Bloomberg Dollar Index on Monday (25/08) as the positive market sentiments that were caused by Indonesia’s Constitutional Court that rejected Prabowo Subianto’s claim that the 2014 presidential election was invalid due to massive fraud, eased. Market participants were again looking at the domestic economic condition as well as international developments that are considered to impact on the performance of Indonesia’s currency.

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  • Indonesian Stocks Down on Profit Taking; Rupiah Up on Court Decision

    The benchmark stock index of Indonesia (Jakarta Composite Index, abbreviated IHSG) fell 0.14 percent to 5,198.90 points on the last trading day of the week, the first day of decline in five trading days, as investors engaged in profit taking after Indonesia’s Constitutional Court confirmed the official election result of the General Elections Commission (KPU) that announced Joko Widodo as winner of the July 2014 presidential election. Next week investors may continue profit taking as the index is still overbought.

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  • Prabowo Subianto Coalition Accepts Indonesia’s Constitutional Court Verdict

    It took almost six hours for the Constitutional Court of Indonesia (Mahkamah Konstitusi) on Thursday (21/08) to read out 300 pages of a lengthy 4,392-page verdict in the case filed by defeated presidential candidate Prabowo Subianto, who claimed that the result of Indonesia’s July 2014 presidential election was invalid due to widespread violations and fraud that allegedly occurred during the voting and counting processes. During the read out it became increasingly clear that the court would reject Subianto’s claims due to a lack of evidence.

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  • Constitutional Court Ruling: Prabowo Subianto Not Expected to Accept Defeat

    At 14:00 pm local Jakarta time zone, Indonesia’s Constitutional Court (Mahkamah Konstitusi) is expected to announce its decision on Prabowo Subianto’s election result challenge. The defeated presidential candidate filed a court case claiming that massive fraud and violations took place amid the voting and counting processes in the context of Indonesia’s July 2014 presidential election, won by Joko Widodo (securing 53.15 percent of the votes). Although the court’s decision is final and legally binding, Subianto not expected to surrender yet.

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  • Indonesian Stocks Rise on Speculation Prabowo Subianto Loses Court Case

    Indonesia’s benchmark stock index (known as the Jakarta Composite Index or IHSG) climbed 0.31 percent to 5,206.14 points on Thursday's trading (21/08) on speculation that Indonesia’s Constitutional Court will reject defeated presidential candidate Prabowo Subianto’s claim that the official July 2014 presidential result is illegal due to massive violations. Although the Court is still reading out the verdict, it has already indicated that evidence for violations is incomplete and unconvincing. Therefore, a Court decision that calls for revoting has become unlikely.

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