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)
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
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.
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
ABSTRACT: 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.
- 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.
PUBLISHED: CONSREV, VOL. 4, NO. 2 (December 2018)
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:
- “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.
- “Indonesia’s Judicial Review Regime in Comparative Perspective” by Professor Theunis Roux (University of New South Wales). DOI: https://doi.org/10.31078/consrev422.
- “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.
- “Referencing International Human Rights Law in Indonesian Constitutional Adjudication” by Bisariyadi (The Constitutional Court of Indonesia). DOI: https://doi.org/10.31078/consrev424.
- “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.
- “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.
Pan Mohamad Faiz, Ph.D.