Justices and Journalists

INTRODUCTION

Much has been written about the performance of the Indonesian Constitutional Court since its inception in 2001. But a far less discussed and researched subject is the judicial communications aspect of the Court. This chapter explores how the Court communicates externally, particularly with the media and the public. The Indonesian Constitutional Court stands as a useful case study of the effects of judicial communications. The chapter relates how the media coverage accorded the Court shaped its communication strategies. While the Court was still in its infancy as an institution, the media portrayed the Court in negative ways. As a result, the Court, particularly through its Chief Justice sought to develop communication strategies intended to reshape the Court's media image.

The Indonesian Constitutional Court was born in 2001 after the long absence of an independent judiciary, in which there was no judicial review mechanism. Without any constitutional tradition of judicial review, many constitutional stakeholders knew little about how the newly established Court would function. Moreover, the Court was born in the midst of massive change in the Indonesian media industry. The rise of Indonesian media after the fall of the military government led by General Soeharto in 1998, however, posed a new challenge regarding the quality and durability of the new journalistic environment. With the birth of the Constitutional Court, Indonesian media confronted difficult challenges in helping the public understand and appreciate how this new institution worked.

As the public face of the Court, chief Justices have decided to reach out to the media and explain the Court decisions. The first Chief Justice, Jimly Asshiddiqie (2003–2008) and his successors Chief Justice Mohammad Mahfud (2008–2013) frequently spoke to the media explaining what the Court's decisions meant. They also defended the Court from criticism and pressed the Executive and Legislature to fulfill their constitutional duties.