Tag Archives: Comparative Constitutional Law

The Indonesian Constitutional Court Decisions as a Social Engineer in Improving People’s Welfare

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INDONESIAN CONSTITUTIONAL COURT DECISIONS AS A SOCIAL ENGINEER IN IMPROVING PEOPLE’S WELFARE

(Paper published in Proceedings of the 1st International Conference on Recent Innovations (ICRI, 2018), pages 165-170)

Abstract

One of the national goals of the establishment of the Indonesian state is to improve the people’s welfare. To support this achievement, the law comes to bring its functions as a social engineer. It means the law plays a role in influencing the occurrence of a social change in a planned manner to achieve prosperity. The Constitutional Court decision is one of the sources of law that is expected to improve people’s welfare. This article aims to analyze the Constitutional Court decisions that have significant implications for maintaining and improving the people’s welfare in Indonesia. The methodology used in this research is a normative juridical with library research and case study approaches on decisions declared by the Constitutional Court in the last five years (2013-2018). This study found that there are socioeconomic rights of citizens that have been protected and restored by the Constitutional Court. These erga omnes decisions indirectly contributed to the improvement of the people’s welfare, in particular regarding the rights of a pension fund, a minimum wage and severance pay. This article concludes that an effort to maintain and improve the people’s welfare in Indonesia can also be enforced effectively through a social engineering based on the Constitutional Court decisions.

Keywords: Constitutional Court, People’s Welfare, Social Engineering, Socio-Economic RIghts

* Read more or download the paper here.

CONSREV, Vol. 4, No. 2 (December 2018)

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PUBLISHED: CONSREV, VOL. 4, NO. 2 (December 2018)

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Constitutional Review (CONSREV) is an international journal published by the Center for Research and Case Analysis and Library Management of the Constitutional Court of Indonesia. The fundamental aim of this journal is to disseminate research and conceptual analysis which focus on constitutional issues.

In the last edition of Year 2018, six articles are presented by constitutional law scholars from various universities and institutions, as follows:

  1. “Megapolitical Cases before the Constitutional Court of Indonesia since 2004: An Empirical Study” by Associate Professor Björn Dressel (Australian National University) and Professor Tomoo Inoue (Seikei University). DOI: https://doi.org/10.31078/consrev421.
  2. “Indonesia’s Judicial Review Regime in Comparative Perspective” by Professor Theunis Roux (University of New South Wales). DOI: https://doi.org/10.31078/consrev422.
  3. “Korean Constitutional Court and Constitutionalism in Political Dynamics: Focusing on Presidential Impeachment” by Jin Wook Kim (The Constitutional Court of Korea). DOI: https://doi.org/10.31078/consrev423.
  4. “Referencing International Human Rights Law in Indonesian Constitutional Adjudication” by Bisariyadi (The Constitutional Court of Indonesia). DOI: https://doi.org/10.31078/consrev424.
  5. “Constitutional Retrogression in Indonesia Under President Joko Widodo’s Government: What Can the Constitutional Court Do?” by Abdurrachman Satrio (University of Padjadjaran). DOI: https://doi.org/10.31078/consrev425.
  6. “Harmonization of Regulation Based on Pancasila Values Through the Constitutional Court of Indonesia” by Tedi Sudrajat (Jenderal Soedirman University). DOI: https://doi.org/10.31078/consrev426.

The Editors expect that this issue might give some new insight and understanding on recent developments on constitutional law and constitutional courts in broader nature to our readers. The full issue of this edition can also be downloaded here: https://bit.ly/2U7sqIQ. Please feel free to share this journal with others.

Best regards,

Pan Mohamad Faiz, Ph.D.

Editor-in-Chief