The Court holding the Coordination Meeting on the Discussion of a Collaborative and Impactful Model for Monitoring and Evaluation of the Implementation of Constitutional Court Decisions on Tuesday (5/5/2026). Photo by MKRI/IlhamWM.

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JAKARTA (MKRI) – The Constitutional Court (MK) held the Coordination Meeting on the Discussion of a Collaborative and Impactful Model for Monitoring and Evaluation of the Implementation of Constitutional Court Decisions on Tuesday (5/5/2026) at the Constitutional Court Building, Jakarta. The meeting was held in conjunction with the Expertise Body of the House of Representatives (DPR), the Coordinating Ministry for Law, Human Rights, Immigration and Corrections (Kemenko Kumham Imipas), the National Legal Development Agency of the Ministry of Law (BPHN Kemenkum), the Directorate General of Legislation of the Ministry of Law, and the National Development Planning Agency (Bappenas).

In his remarks, Chief Justice Suhartoyo stated that the Constitutional Court should no longer need to monitor the implementation of its decisions as it did in this activity if Indonesia's legal culture were already well-developed and properly upheld. Furthermore, according to Chief Justice Suhartoyo, not all Court decisions require concrete follow-up actions by lawmakers unless the ruling contained a condemnatory order requiring amendments to existing laws or the enactment of the new one. "Those are the decisions that concretely require follow-up actions," he explained.

Regarding Constitutional Court decisions that provide constitutional interpretations or meanings, Chief Justice Suhartoyo explained that such matters may fall within an open cumulative legislative process, which can later be incorporated into any amendments to the law. He emphasized that all parties should be responsible for implementing the Constitutional Court decisions.

"Empirically, this responsibility actually belongs to everyone, to all citizens, all state administrators, including all of us who must be accountable for the Constitutional Court decision," Chief Justice said.

Referring to the universal principles of the Constitutional Court decisions being final and binding and also applicable to all parties, the Court should essentially detach itself from the decision once it has been rendered and allow the principle to operate. "But when we encounter our legal culture, which sometimes views Constitutional Court decisions in terms of interests. If their interests are compromised by a Constitutional Court decision, they say that the Court decision has not been followed up by lawmakers and therefore has no binding legal force. However, when a ruling is beneficial, they claim that the matter has already been settled by the Court, " Chief Justice remarked.

Chief Justice Suhartoyo further emphasized that as a constitutional court, the Court often considers matters beyond those specifically requested in a petition in order to prevent new legal uncertainties. "When issuing decisions that affect other legal norms, even if it's not specifically requested, it must be considered, or else it will create new legal uncertainty," Chief Justice said.

Implementation of German Constitutional Court Decision  

Deputy Chief Justice Saldi Isra, in his remarks, described the activity as a collective joint effort to improve law enforcement in Indonesia. The implementation of Constitutional Court decisions serves as a barometer for assessing the law enforcement index. All stakeholders share an interest in ensuring that the Court’s decisions are properly implemented. He cited the example of Germany's Constitutional Court, explaining: upon ruling on a case, the Germany’s Ministry of Justice immediately identifies norms with similar substance but not invoked in other laws and declares them no longer valid.

"Because what's annulled is the legal norm, not merely an article. So, if only an article were annulled, it could create a problem, which is why it's always referred to norms within legislation," Deputy Chief Justice Saldi explained. According to him, the implementation of the Constitutional Court decisions is highly dependent on compliance from all parties. The Court considers it normal for people to respond controversially to its rulings.

"Public perceptions are often influenced by decisions that often become the subject of political discourse, such as the separation of local and national elections, the parliamentary threshold issues, or restriction concerning the police, those seems to dominate the attention, even though those are just a few of the decisions," he said.

The Deputy Chief Justice hopes that in the future, the Ministry of Law or the Coordinating Ministry would lead the coordination of the implementation of the Constitutional Court decisions, with the Court limited to providing information regarding its ruling. Regardless, the Court's rulings are final and binding, and become applicable to all immediately after being pronounced in court.

Author : Ilham Wiryadi Muhammad.
Editor : N. Rosi.
Translator : N. Valentino Rahadityo

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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