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Judicial Preview on the Bill on International Treaty Ratification Image
Journal article

Judicial Preview on the Bill on International Treaty Ratification

Reconstruction of Ethics Supervision System Towards Constitutional Court Justice Image
Journal article

Reconstruction of Ethics Supervision System Towards Constitutional Court Justice

Judicial Preview on the Bill on International Treaty Ratification Image
Judicial Preview on the Bill on International Treaty Ratification Image
Journal article

Judicial Preview on the Bill on International Treaty Ratification

Reconstruction of Ethics Supervision System Towards Constitutional Court Justice Image
Reconstruction of Ethics Supervision System Towards Constitutional Court Justice Image
Journal article

Reconstruction of Ethics Supervision System Towards Constitutional Court Justice

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The Strong State and Pancasila: Reflecting Human Rights in the Indonesian Democracy Image
Journal article

The Strong State and Pancasila: Reflecting Human Rights in the Indonesian Democracy

The rights of every Indonesian citizens are protected by the 1945 Constitution. Does the reality matches with the normative regulations? Does democratization improves the protection of human rights especially in term of the religious freedom? We find that there is a discrepancy between the ideal written constitution and the reality. In this following essay I argue that the failure of Indonesian democratic regimes to protect human rights is the result of the lack of "stateness". The ideal of "stateness" is referring to Fukuyama idea that is "the ability of state to plan and execute policies and to enforce law". I will present the argument that the weakness of the administration cause by an ambiguity in the interpretation of the Indonesia ideology, Pancasila (the Five-Principles). This paper will firstly discuss the idea of strong state and its relation to the protection of human rights. Alongside the theoretical examination of the concept, I will discuss the weakness of democratic regimes in Indonesia to protect human rights. This will be followed by an examination of the core argument of the paper, argue that the principle cause of the state weakness lies on the ambiguity of the administration to interpret Pancasila.
Constitutional Complaint and the Protection of Citizens the Constitutional Rights Image
Journal article

Constitutional Complaint and the Protection of Citizens the Constitutional Rights

Constitutional complaint is one of important issues to be dealt with by severral countries issues adopting constitutional court in their national legal system and the Federal Constitutional Court Germany (Bundesverfassungsgericht) is considered by expert as one of the most advance mechanism among countries in dealing with the issue. Generally speaking, constitutional complaint can be described as a complaint or lawsuit filed by an individual citizen who deems his or her constitutional right (s) has been violates by act or omission of public institution or public official. Mostly, such a complaint can only be filed it theere is no other legal remedy available or all legal remedies available have been exhausted. The Constitutional Court of The Republic of Indonesia however is not entrusted with authority to hear constitutional complaint case not withstanding the fact that statistical data on judicial review cases filed by many petitioners before the Court were substantially constitutional complaint issues. It means that, empirically giving the Court to hear constitutional complaint case is necessarily pivotal and theoritically, the Court has the very foundation to be entrusted withq such authority. Considering the complex mechanism to amend the Constitution of 1945, which exhaustively deserible the court's authorities, this article offers the lawmaker a theoretical insight tio give the Court a limited authority to hear constitutional complaint case by the way of amending the law on Constitutional Court.
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The Common Access as Pro People Management of Natural Resources (an Analysis of Decision Number 3/PUU\u002DVIII/2010 About Judicial Review of Law 27/2007) Image
Journal article

The Common Access as Pro People Management of Natural Resources (an Analysis of Decision Number 3/PUU-VIII/2010 About Judicial Review of Law 27/2007)

This paper aims to explore the new concept as an alternative management of natural resources (specifically Coastal Areas and Small Islands/CA-SI). In Decision Number 3/PUU-VIII/2010 (the Court Decision), the Constitutional Court uses the new concept as considerations to cancel the Concession Rights on Coastal Waters (CR-CW) as the mechanism of management of CA-SI in Law Number 27 Year 2007 about Management of Coastal Area and Small Islands (Law 27/2007). Some important questions in this paper are why did the Constitutional Court annul CR-CW in Law 27/2007? Whether the new concept offered in the Court Decision and consistent with 1945 Constitution? And how is the new concept offered consistent with people empowerment?The revoke of CR-CW in Law 27/2007 is caused that the concept of concession is contrary to the norms of natural resources management in the 1945 Constitution and the spirit of people empowerment. The new concept offered in the Decision is the common access. In this concept of access, CA-SI is regarded as the common property with the rules from members of the community itself. The provisions to access CA-SI as the common property are also determined by agreements of the community itself. Management of CA-SI on the common access is in accordance with people empowerment. The consistency is shown by the relevancy of concept of common access to include three key issues of people empowerment (access, assets and collective capabilities).
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