The Protection of Civil and Political Rights by the Constitutional Court of Indonesia

Bibliographic Data

ID19558283
AuthorsPan Mohamad Faiz (0000-0002-2953-1070, corresponding author)
Year2016
Volume6
Issue2
Pages158
Publication date2016-08-31
Open AccessYes
TypeARTICLE
VenueIndonesia Law Review (JOURNAL)
Journal identifiersISSN: 2088-8430 • E-ISSN: 2356-2129
PublisherDjokosoetono Research Center (PUBLISHER)
DOI10.15742/ilrev.v6n2.230
OpenAlexW2523506958
LanguageEN
Citations received4

One of important mechanisms considered effective to protect civil and political rights of the citizens in Indonesia is constitutional review. This mechanism was created after the constitutional reform by establishing the new Constitutional Court in 2003 as an independent and separate court from the Supreme Court. This article examines the development of human rights guaranteed in the Indonesian Constitution. It also provides a critical analysis of the Constitutional Court’s role in protecting civil and political rights in Indonesia through its landmark decisions on five categories, namely: (1) freedom of assembly and association; (2) freedom of opinion, speech and expression; (3) freedom of religion; (4) right to life; and (5) due process of law. This research was conducted based on qualitative research methodology. It used a non-doctrinal approach by researching the socio-political impacts of the Constitutional Court’s decisions. Although there are still inconsistencies in its decisions, the research concludes that the Constitutional Court has taken a step forward for a better protection of civil and political rights in Indonesia that never existed prior to the reform

Civil rights · Constitution · Constitutional court · Human rights · Political science · Politics · Indonesian Legal and Regulatory Studies · Law · Legal and Policy Analysis in Indonesia · Legal Studies and Policies

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