Download publication (pdf)Comparative Judicial Reasoning and the Retreat of the Constitutional Court
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.