The Role of the Constitutional Court in Protecting Economic and Social Rights in Indonesia

THE ROLE OF THE CONSTITUTIONAL COURT IN PROTECTING ECONOMIC AND SOCIAL RIGHTS IN INDONESIA

I D.G. Palguna, Saldi Isra and Pan Mohamad Faiz

Abstract

One of the important elements of a constitutional democratic state is the guarantee of human rights protection for its citizens. As a constitutional democratic state, Indonesia has adopted various human rights provisions from international covenants, following the amendment of the Indonesian Constitution. However, such guarantees do not necessarily mean that human rights will definitely be respected, particularly those concerning economic and social rights. Given this situation, the judicial review mechanism of the Constitutional Court is often used by citizens to uphold their rights. This article analyzes the Constitutional Court’s role in protecting citizens’ economic and social rights enshrined in the Indonesian Constitution. It concludes that economic and social rights can be judicially enforced through Constitutional Court decisions in a diverse array of cases, such as electricity, oil and natural gas, water resources, national social security, the education budget, pension payments, and marriageable age.

Keywords: Constitutional Court, Economic Rights, Social Rights, Judicial Review, Indonesia.

Citation:  Palguna, I D.G., Isra, S., & Faiz, P.M. (2021). The role of the constitutional court in protecting economic and social rights in Indonesia. Journal of Legal, Ethical and Regulatory Issues, 24(S5), 1-16

Download: here.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s