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Constitutional Adjudication after Twenty-Five Years of Indonesia's Human Rights Court Law Download publication (pdf)
Series
EPI Working Paper
Number
WP-01
Published
May 2026
Programme
Governance & Rule of Law
EPI Working Paper·May 2026

Constitutional Adjudication after Twenty-Five Years of Indonesia's Human Rights Court Law

Comparative Judicial Reasoning and the Retreat of the Constitutional Court

EPI

EPI Research Fellow

Eurasia Policy Institute

This working paper examines the evolving role of constitutional adjudication in post-authoritarian Indonesia, analysing the retreat of the Constitutional Court from its earlier activist jurisprudence and the implications for human rights enforcement twenty-five years after the enactment of the Human Rights Court Law.

Drawing on comparative judicial reasoning from transitional justice contexts across Southeast Asia and Eastern Europe, the paper argues that the Court's institutional retrenchment reflects broader patterns of democratic backsliding rather than a purely doctrinal shift.

The analysis situates Indonesia's experience within the wider literature on constitutional courts in post-authoritarian states, offering lessons relevant to Eurasian contexts where similar dynamics are observable.

Constitutional LawHuman RightsJudicial ReviewIndonesiaTransitional Justice
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