Tag Archives: Constitutional Court

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

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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

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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.

Elections in Time of Pandemic

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ELECTIONS IN TIME OF PANDEMIC

By Lydnsey Martin and Pan Mohamad Faiz

(This article was published in The Jakarta Post on September 10, 2020, page 6)

Later this year, both Indonesia and the United States will hold elections. In the US, voters will go to the polls on Nov. 3 to elect the president, 35 senators, all 435 members of the House of Representatives, as well as state and local government officials. On Dec. 9, around 106 million Indonesians across the country’s 270 regions will vote in regional elections.

However, with more than 170,000 confirmed cases of COVID-19 in Indonesia and more than 4.5 million confirmed cases in the US, the pandemic has led to concerns about the health and safety of the electorate and poll organizers.

One of the primary concerns that leaders in the US and Indonesia must address is the risk of low voter turnout due to fears over COVID-19. For many voters, going to a crowded polling station to cast a ballot may pose too great a risk of exposure, thus they may choose to forfeit their right to vote and stay home.

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The Dissolution of Political Parties in Indonesia: Lessons Learned from the European Court of Human Rights

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THE DISSOLUTION OF POLITICAL PARTIES IN INDONESIA: LESSONS LEARNED FROM THE EUROPEAN COURT OF HUMAN RIGHTS

Pan Mohamad Faiz, Constitutional Court of Indonesia

* This article was published in Journal of Legal, Ethical and Regulatory Issues, Volume 22, Issue 4, 2019, pp. 1-10

journal-of-legal-ethical-and-regulatory-issues-flyerABSTRACT: This article aims to examine several important decisions related to the dissolution of political parties decided by the international human rights courts. It aims to conclude that there are general guidelines on political party dissolution established by the European Court of Human Rights (ECtHR) and uses sources obtained from relevant case studies to support it. Not only does the research highlight that the ECtHR provides requirements that must be fulfilled by the government to justify dissolution, it also dictates the procedural requirements for the restriction of political parties. These guidelines are necessary in a democratic society, regardless of its limited ‘margin of appreciation’. Although Indonesia is not a state party to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the interpretation and legal considerations made by ECtHR could be applied by the Constitutional Court in deciding the outcome of political party dissolution cases in Indonesia. Thus, ensuring that the Constitutional Court’s future jurisprudence complies with the international standards of human rights.

Keywords: Constitutional Court, European Court of Human Rights, Freedom of Association, Political Party Dissolution.

Full Article can be downloaded here or here.

Citation:

  • Faiz, Pan Mohamad. “The Dissolution of Political Parties in Indonesia: Lessons Learned from the European Court of Human Rights”. Journal of Legal, Ethical and Regulatory Issues, Volume 22, Issue 4, 2019, pp. 1-10.