Palestinian Ambassador Zuhair Saleh Muhammad Al-Shun and the Head of the Bureau of Legal Affairs and Court Administration of the Constitutional Court, Fajar Laksono, during a discussion on the Indonesian Constitution at the Auditorium of Building II of the Constitutional Court, Thursday (December 18, 2025). Photo: MKRI/Panji.

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JAKARTA, MKRI – The Ambassador of the State of Palestine to Indonesia, together with the Palestinian Committee, paid an official visit to the Constitutional Court of the Republic of Indonesia (the Court) as part of an exchange of information and the strengthening of cooperation in the field of constitutional adjudication, on Thursday, December 18 2025, at the Auditorium of Building II of the Court.

The delegation was received by the Head of the Bureau of Legal Affairs and Court Administration of the Constitutional Court, Fajar Laksono, accompanied by the Head of the Permanent Secretariat of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC) and Foreign Cooperation, Immanuel Hutasoit; the Head of Subdivision of the AACC Permanent Secretariat, R.A. Indah Apriyanti; the Head of Subdivision of Foreign Cooperation, Hasri Puspita Ainun; as well as Agusweka Siregar, serving as English interpreter.

During the meeting, Fajar Laksono outlined the development of the Constitutional Court of Indonesia, which has reached its 22nd year since its establishment in 2003 as part of the constitutional reform agenda and the amendment of the 1945 Constitution of the Republic of Indonesia. The Court was described as a key institution in consolidating Indonesia’s status as a constitutional democratic state.

Fajar explained that the Constitutional Court consists of nine Constitutional Justices, each nominated respectively by the President, the House of Representatives, and the Supreme Court. Over more than two decades, the Court has adjudicated more than 4,000 cases encompassing its five principal jurisdictions, namely judicial review of statutes against the 1945 Constitution; disputes over the authority of state institutions; dissolution of political parties; disputes concerning the results of general elections and regional head elections; and cases related to the impeachment of the President and/or Vice President.

Among these jurisdictions, judicial review of statutes constitutes the most dominant and strategic authority, as it has a direct impact on legal development and democratic governance. Decisions of the Court granting petitions are considered to have made a significant contribution to the maturation of Indonesia’s constitutional system as a state governed by the rule of law and democratic principles.

In addition to its active participation in various global forums, Fajar conveyed that the Constitutional Court of Indonesia had previously served as the host of the 5th Congress of the World Conference on Constitutional Justice and has been acting as the Permanent Secretariat of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC) since its establishment in 2010. The membership of the Supreme Court of Palestine in the AACC since 2022 was welcomed as a positive development in strengthening the constitutional justice community in the Asian region.

On the same occasion, the Ambassador of the State of Palestine, Zuhair Saleh Muhammad Al-Shun, expressed his appreciation for Indonesia’s consistent support for the Palestinian cause. He emphasized the importance of the AACC as a forum for the exchange of information and experience among constitutional adjudicatory institutions.

Meanwhile, Sanaa S.H. Alsarghali, a member of the Palestinian Committee who serves as a special envoy of the President of Palestine and is also an academic, stated that her visit to Indonesia formed part of the Women Politics and Women Leaders program supported by international institutions. She expressed her interest in studying Indonesia’s constitutional adjudication practices, particularly the role of the Constitutional Court as the Permanent Secretariat of the AACC, the mechanisms for constitutional decision-making, the involvement of women within judicial institutions, as well as the Court’s decisions concerning democracy, elections, and religious harmony.

According to her, Indonesia’s post-reform experience provides an important example for countries that are undergoing or have undergone democratic transition. The meeting was expected to strengthen academic and institutional cooperation and to enrich constitutional studies in Palestine and across the Asian region.

During the discussion session, Sanaa raised questions regarding the composition of constitutional justices, the appointment mechanism, and the selection of the Chief Justice of the Constitutional Court. In response, Fajar explained that the Constitution explicitly regulates both the number of constitutional justices and the nominating authorities, namely three justices proposed respectively by the President, the House of Representatives, and the Supreme Court.

“The number of constitutional justices is rigidly stipulated in the Constitution, and therefore cannot be easily increased or reduced,” Fajar stated.

He further explained that the three state institutions possess exclusive authority to nominate candidates for constitutional justices through their respective procedures, which must nevertheless comply with the principles of accountability and transparency as mandated by the Constitutional Court Law. In practice, the recruitment process is conducted through a fit and proper test mechanism.

The Constitutional Court Law also requires that constitutional justices be statespersons, hold a bachelor’s degree in law and a doctoral degree, and possess at least 15 years of experience in the legal field. Accordingly, candidates nominated by the President and the House of Representatives generally originate from academic circles or political figures holding doctoral degrees, whereas the Supreme Court has thus far tended to nominate career judges.

Fajar also explained that at the initial establishment of the Constitutional Court, the minimum age requirement for constitutional justices was 42 years, with a term of office of five years and eligibility for reappointment for one additional term. He added that, pursuant to the transitional provisions of the 1945 Constitution, the Constitutional Court was required to be established no later than 17 August 2003. Following the enactment of the Constitutional Court Law, the recruitment process for constitutional justices was promptly carried out, resulting in the appointment of nine constitutional justices. He stated that the Constitutional Court was officially established on August 13, 2003.

Since that time, the authority to conduct judicial review of statutes, which had previously been exercised by the Supreme Court, was transferred to the Constitutional Court, including 13 judicial review cases that were pending before the Supreme Court at that time. Along with the establishment of the Court, various institutional instruments were also formulated, including provisions governing the election of the Chief Justice and Deputy Chief Justice of the Constitutional Court, who are elected by and from among the nine constitutional justices. (*)

Author                  : Utami Argawati

Editor                   : Lulu Anjarsari P.

Translator            : Aski/Nies Lindy

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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