ABSTRACT
This chapter argues that two main causes drove the creation of the Indonesian Constitutional Court in 2001: the ultimate causes and the proximate cause. It explores what the driving forces were behind the adoption of a broad range of jurisdiction for the constitutional court. The chapter explains that the jurisdictional design of the Indonesian Constitutional Court reflects the short-term interests of Indonesian politicians and discusses the appointment of constitutional court justices. The 1945 Constitution does not prescribe an impeachment mechanism for a constitutional court justice. The chapter presents evidence supporting the argument that Indonesian politicians intentionally designed the Indonesian Constitutional Court to have limited authority. It explores how politicians in the Dewan Perwakilan Rakyat crafted the Court's decision-making process and whether this also reflects their preference for a weak constitutional court. In sum, the Constitutional Court's decision-making process reflects the preference of Indonesian politicians to design a weak court.
