MAHKAMAH KONSTITUSI REPUBLIK INDONESIA (MKRI)

The Function of Judicial Dissent in Indonesia's Constitutional Court

indonesian judges are permitted to issue dissenting opinions. constitutional court judges regularly hand them down. however, neither judges nor academics have outlined the purposes of dissenting opini...


Filling the Hole in Indonesia's Constitutional System: Constitutional Courts and the Review of Regulations in a Split Jurisdiction

the indonesian constitutional system contains a serious flaw that means that the constitutionality of a large number of laws cannot be determined by any court. although the jurisdiction for the judici...


Proportionality Test in the 1945 Constitution: Limiting Hizbut Tahrir Freedom of Assembly

in may 2017, jokowi's administration announced the intention to dissolve hizbut tahrir indonesia (hti). hti is an islamic organization that aspires to establish caliphate government based on the claim...


Mainstreaming Human Rights in the Asian Judiciary

human rights protection in asia is hindered by the absence of binding human rights instruments and enforcement mechanisms, including the lack of human rights mainstreaming into the works of relevant s...


Revisiting Liberal Democracy and Asian Values in Contemporary Indonesia

this paper aims to examine the complex and often contentious relationship between constitutionalism and integralism in the indonesian government and provides a criticism of democratization within the ...


The Obligation of the Constitutional Court of Indonesia to Give Consideration in the Process of Dissolution of Societal Organizations

the government efforts to dissolve the societal organizations must be carried out in accordance of stages and processes stipulated in the law on societal organizations. persuasive efforts must be done...


Reconstruction of Ethics Supervision System Towards Constitutional Court Justice

ethics supervision of constitutional justices is an important issue for the development of ethics supervision system in the constitutional court, because the supervision of constitutional justices is ...


Judicial Preview on the Bill on International Treaty Ratification

this research is aimed to find and introduce a new idea on the state administration, which has implications on the international treaty ratification procedure followed by indonesia and additional auth...


Relation Between the Constitutional Court of the Republic of Indonesia and the Legislators According to the 1945 Constitution of the Republic of Indonesia

this research aims to analyze and to describe the relation between the constitutional court of the republic of indonesia (cc) with the people representatives' council and the president of the republic...


Laws of Ratification of an International Treaty in Indonesian Laws Hierarchy

this journal article discusses the laws of ratification of an international treaty in indonesian laws hierarchy. this journal uses a normative research approach where a draft agreement and laws are us...


The Indonesian Constitutional Court and the Democratic Institutions in Judicial Review

this paper focuses on the relationship between the indonesian constitutional court, the legislature, and the executive in judicial review. it aims to explain the court strategies in deciding judicial ...


A Commentary: the Inadmissibility of Non-Indonesian Citizens in Judicial Review Before the Indonesian Constitutional Court

the constitutional court of indonesia, in its judgment no 2-3/puu—v/2007, ruled that non-indonesian citizens have no legal standing to file judicial review before the court. in determining the legal s...


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 germ...


Independence of the Indonesian Constitutional Court in Norms and Practices

article 24 (1) of the 1945 constitution states after the third amendment, “the judicial power shall be independent in administering justice so as to uphold the law and equality.” the indonesian consti.


The Legal Logic of the Collapse on Non-Retroactive Doctrine in the Constitutional Court Decision

the non-retroactive doctrine as a legal principle did not apply retroactively. in legal system of indonesian; article 28i paragraph (1) of 1945 constitution determines that a human right can not be pr...


The Constitutional Will in Human Rights Protection for Refugees

human rights protection granted to refugees in indonesia has not received serious attention, in particular for those who are included in the cross-border refugees. this issue is a question of how the ...


An Analysis of Subjectum Litis and Objectum Litis on Dispute About the Authority of State Institution From the Verdicts of the Constitutional Court

the relationship of mutual control and balance between state institutions gives an opportunity for the emergence of the dispute about the authority of state institutions, especially the dispute about ...


The Criticism on the Meaning of “Open Legal Policy” in Verdicts of Judicial Review at the Constitutional Court

in several verdicts of judicial review, the constitutional court formulates a concept of open legal policy. the concept begins from a condition when a norm of law submitted to judicial review by the 1...


Identification and Analysis of the Rights of Indigenous Peoples in the Study of Constitutional Law

the resolution of the un general assembly in 2000 has mandated to discuss indigenous issues related to economic and social development, culture, environment, education, health and human rights. in nat...


The Tenure Arrangement of Primary Constitutional Organ Leaders in Indonesian Constitutional System

the tenure arrangement of primary constitutional organ leaders is required as the implementation of power limitation principle and the manifestation of political equality principle as the characterist...


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