It contained two aspects seen as crucial to the identity and survival of the country by most nationalists: the rejection of an Islamic state and the imposition in its place of a nationalist state ideology, the Pancasila (Five Principles). Many of the problems related to fundamental issues within the Constitution itself. This paper argues that these amendments lacked what have widely been accepted as key features of a democratic constitution-making process. Over each of the next three years, it passed the Second, Third and Fourth amendment. In 1999, one year after the fall of President Soeharto’s authoritarian regime, the MPR (Indonesian People’s Consultative Assembly) finally enacted the First Amendment to the sacred 1945 Constitution. Political parties’ maturity and political constraint are the key factors that support the development of the Court’s institutional power. This paper attempts to discover the rise of the Court from political environment view outside the court. In fact, political environment where the Court operated is one of the most important aspects which strengthen the Court’s institutional legitimacy. Scholars slightly ignore other constitutional actors in studying about the Court. Current various available studies observed only how the Court issued their decisions and solely focus to the impact of the decisions. Parliament and President tried to limit the Court’s authority, not ones, and the Court was able to overcome those constrain. However, against promises and expectations, Mahfud M D brought the Court to a level far beyond the imagination of the Constitution drafters. The Chief Justice Mahfud M D was then elected to reduce the judicial activism started by Jimly’s bench. The first Chief Justice Jimly Asshiddiqie showed how within five years of the Court’s establishment, he could strategically maximize its momentum and build the Court as a respectful institution. In exercising their authorities, including the election result dispute and judicial review, the Court continues to affirm institutional judicial legitimacy and pursue their role to guard 1945 Constitution. The Constitutional Court of Indonesia plays significant role in securing democracy in Indonesia.
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