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Did the AFP have to?

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Category: Administrative Law

Article 24C of the Indonesian Constitution contains a number of distinct grants of jurisdiction. Not only does it grant power to prospectively review legislation for validity, it carries grants of power to finally determine existing disputes over election results and the scope of powers granted by the constitution such as the President's power to grant clemency. Current legal and academic orthodoxy have overlooked the broad powers of the Court as a trial court with broad powers by focussing on its routine role in reviewing legislation. The unwillingness of legal advisers to think "out of the box" and focus on the text of the Constitution for a source of the Court's powers may be a fatal mistake for current death row inmates.

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