Selected decisions of the Constitutional Court

1. Case: challenge to Article 68 of Law No. 30/2002 giving the Corruption Eradication Commission (KPK) retrospective powers.

Result: The court rules that the KPK's powers are prospective and that it can only investigate cases that have been dealt with by police or the prosecution service before its establishment in 2002. However, it rejects the challenge as the article does not satisfy the criteria for retroactivity adopted in international law.

2. Case: challenge to Article 43(1) of Law No. 26/2000 giving the human rights tribunal retroactive jurisdiction

Result: The court rejects the challenge, arguing that the rule against retroactivity is not absolute in a situation of "transitional justice".

3. Case: challenge to Article 49(1) of Law No. 20/2003, which delays the allocation of 20 percent of the state budget for education

Result: The court accepts the petitioner's argument that the government must immediately allocate 20 percent of the state budget on education, but rejects the challenge on the grounds that if it were to be approved, it could cause chaos in the country due to the need to revise all budget allocations.

4. Case: challenge to Law No. 7/2004 on water resources

Result: Although the court rejects the challenge to the law, it requires the government to ensure affordable access to water resources on the part of the public, and to enshrine this in law. Should the government fail to do so, the court ruled that the petitioners could file a new challenge against the legislation.