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

Indonesia Law Review, Vol 6, No. 2, pp. 159-179, 2016

22 Pages Posted: 18 Sep 2016

See all articles by Pan Mohamad Faiz

Pan Mohamad Faiz

Center for Research and Case Analysis, the Constitutional Court of Indonesia

Date Written: August 2016

Abstract

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.

Keywords: Civil and Political Rights, Constitutional Court, Human Rights, Indonesia

Suggested Citation

Faiz, Pan Mohamad, The Protection of Civil and Political Rights by the Constitutional Court of Indonesia (August 2016). Indonesia Law Review, Vol 6, No. 2, pp. 159-179, 2016, Available at SSRN: https://ssrn.com/abstract=2838900

Pan Mohamad Faiz (Contact Author)

Center for Research and Case Analysis, the Constitutional Court of Indonesia ( email )

Jalan Medan Merdeka Barat No. 6
Jakarta Pusat, DKI Jakarta 10110
Indonesia

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