ABSTRACT

This chapter discusses the concept of suspension orders, which have been endorsed by the Indonesian Constitutional Court. Suspension orders have developed not only in Indonesia, but also in different parts of the world, to delay a judicial declaration that a law is invalid. The suspension gives legislators time to correct or update the law to fit what the Constitutional Court has decided. The creation of Indonesia’s Constitutional Court was linked decisively to the need for an independent institution that would be able to drive the democratisation process forward. The suspension of constitutional orders by the Indonesian Constitutional Court was devised when the Court was new. The development of local corruption courts in each province was actually not consistent with the order given in the Constitutional Court’s decision in 2006. The Court decided that the Government should follow certain requirements in implementing the law under review in order to sustain the constitutionality of the law.