Can NGOs Change the Constitution? Civil Society and the Indonesian Constitutional Court

Since its creation in August 2003, the Indonesian Constitutional Court's decisions have had a significant impact on Indonesian politics and the enforcement of constitutional rights. This article argues that NGOs have had a crucial and underappreciated role in determining both which cases reach the justices, as well as the content of the Court's final decisions. Based on an empirical test of cases adjudicated between August 2003 and October 2013, it finds that NGOs are responsible for bringing the majority of socioeconomic and human rights claims, resulting in some of the Court's most controversial and far-reaching decisions. In addition, the justices are far more likely to quote petitions submitted by NGOs, meaning that information NGOs include in their briefs shapes the justices' understanding of the legal and policy issues at stake. These findings suggest that civil society groups have considerably more influence over Indonesian politics and policy than is commonly recognized.