While waiting for the establishment of the Constitutional Court, the Peoples Consultative Assembly assigned the Supreme Court to run the function of the Constitutional Court for the time being, namely after the appointment of the Act III of the Transitional Provision of the 1945 Constitution of the Republic of Indonesia resulting from the fourth amendment, on 10 August 2002. To prepare the detail arrangement of the Constitutional Court, the House of Representatives and the government discussed the draft of the Act of the Constitutional Court. After passing deep and serious discussions, the House of Representatives and the government agreed on the establishment of the Act No. 24 Year 2003 and appointed by the President at the same day (State Gazette Year 2003, No. 98, Additional State Gazette No. 4316).
Two days later, on 15 August 2003, the President, through Presidential Decree No. 147/M Year 2003 appointed 9 (nine) Constitutional Justices for the first time, which was continued by the declaration of oath of the Constitutional Court Justices in the state palace, on 16 August 2003.
The next page of the history of the Constitutional Court was the handing over of cases from the Supreme Court to the Constitutional Court on 15 October 2003, marking the start of the activities of the Constitutional Court. This marks the end of the authority of the Supreme Court in running the authority of the Constitutional Court as mandated by the Act III of the Transitional Provision of the 1945 Constitution of the Republic of Indonesia.