URGENCY OF THE CONSTITUTIONAL COMPLAINT IN THE CONSTITUTIONAL COURT IN PROTECTING THE CONSTITUTIONAL RIGHTS OF CITIZENS IN INDONESIA
Abstract
The protection of constitutional rights of citizens is a must for a democratic and rule of law state, inlcuding Indonesia. The violation of constitutional rights in Indonesia still exists in exercising government authories. The violation of constitutional rights committed by government is kind of violation of constitutional rights as mandated in Article 28A until 28J of the 1945 Constitution. While, Indonesian government has an obligation to guarantee and protect its citizens as the conception of a democratic and rule of law state. The research aims to discuss the urgency of the constitutional complaint in the Constitutional Court in order to protect the constitutional rights of citizens in Indonesia. The research is a doctrinal research which used statute and case law approach. The result of research shows that constitutional complaint mechanism is necessarily needed and urgent to be implemented as an effort to protect constitutional rights of citizens as guaranteed in the 1945 Constitution. The protection of constitutional rights of citizens is an important pillar of modern democratic state. Therefore, the constitution has also provide mechanism in relation to the complaints of citizens. In implementing constitutional complaint mechanism, it can be achieved through 5th amendment of the 1945 Constitution, exactly in Article 24C on the Constitutional Court authorities, by adding the number of justices in the Constitutional Court with twin-court system inside, and it can be also through revision of the Constitutional Court Act by adding some provisions on constitutional complaint imperatively
Collections
Related items
Showing items related by title, author, creator and subject.
-
THE IMPORTANCE OF AN EXTERNAL SUPERVISION FOR CONSTITUTIONAL JUDGES TO KEEP THE HONOR OF THE CONSTITUTIONAL COURT
PRASETYONINGSIH, NANIK; SATRIAWAN, IWAN; ZAMHARIRA NURDIN PALINRUNGI, ANDI (Atlantis Press, 2019-10)This article addresses an importance of supervision of constitutional judges. Why? Two of Indonesian Constitutional Court Judges have been arrested due to the bribery case. The bribery case which involved the Chairman ... -
STRENGTHENING CONSTITUTIONAL DEMOCRACY THROUGH CONSTITUTIONAL ADJUDICATION INSTITUTIONS: A COMPARATIVE STUDY BETWEEN INDONESIA AND AUSTRALIA
SATRIAWAN, IWAN; MOKHTAR, KHAIRILAZMIN; ISLAMI, MUHAMMAD NUR; FARRAR, SALIM (Faculty of Law & Board of Research, Educational Development and Community Empowerment (LP3M) Universitas Muhammadiyah Yogyakarta, 2017-04-04)Democracy which gives power to the majority may lead to hegemony of majority which potentially threaten rights of the minority. In response to such threats some scholars have formulated a new paradigm of democracy called ... -
CONSTITUTIONAL DEMOCRACY AND ADJUDICATION: A COMPARISON OF CONSTITUTIONAL ADJUDICATION INSTITUTIONS IN MALAYSIA AND INDONESIA
SATRIAWAN, I; MOKHTAR, K.A; ISLAMI, M NUR (UNISZA, FATONI UNIVERSITY, IIUM, UMY YOGYAKARTA, UNIDA GONTOR, 2016-04-18)The experience of some countries shows that parliamentary sovereignty creates problems of hegemony of majority which has the potential to ignore minority. One of democratic responses to the evil of the majority is the ...