ABSTRACT

This chapter explores the less heroic or seemingly unheroic actions of the Constitutional Court and presents an interesting phenomenon that is unique to the Indonesian Constitutional Court. Under the leadership of Chief Justice Jimly Asshiddiqie, the Court began to adopt a quasi-weak form of judicial review, in which the Court allowed the law to remain valid as long as it was applied or implemented in the way the Court interpreted it. The Indonesian model of quasi-weak-form review can be seen as closely related to the concept of the constitutional court in general. Under the leadership of Jimly Asshiddiqie, the Indonesian Constitutional Court created different kinds of remedies that aim to minimize the effect of its decisions, such as the decisions that are conditionally constitutional, suspended invalidity, or progressive realization. The Indonesian Constitutional Court lent itself well to applying the doctrine of progressive realization in a series a series of right-to-education cases.