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I Dewa Gede Palguna
Fakultas Hukum Universitas Udayana
Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Constitutional Review

 1 
Constitutional Complaint and the Protection of Citizens the Constitutional Rights Palguna, I Dewa Gede
Constitutional Review Vol 3, No 1 (2017)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (473.403 KB) | DOI: 10.31078/consrev311

Abstract

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.
Constitutional Complaint and the Protection of Citizens the Constitutional Rights I Dewa Gede Palguna
Constitutional Review Vol 3, No 1 (2017)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (473.403 KB) | DOI: 10.31078/consrev311

Abstract

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.
Co-Authors Alan Kusuma Dinakara Amelia Febrina Merry Bogia Anak Agung Gede Duwira Hadi Santosa ANAK AGUNG SRI UTARI Andriwinata, Rackel Bisariyadi Bisariyadi Claudia Samantha Rico Dananjaya, I Komang Gede Afriliana Saputra Gede Arya Sumerta Yasa, Putu Halmadiningrat, I Made I Dewa Gede Adi Sanjaya I Gede Adhi Supradnyana I Gede Pasek Pramana I Gede Putra Ariana I Gede Tommy Guntara I Gusti Ayu Agung Ariani I Gusti Ngurah Parikesit Widiatedja I Kadek Oka Wijaya I Made Budi Arsika I Made Pria Dharsana, I Made Pria I MADE SUBAWA I Nyoman Suyatna I Putu Sabda Wibawa Indrasari Kresnadjaja Ketut Gede Sonny Wibawa Made Hendra Wijaya Made Maharta Yasa Made Suksma Prijandhini Devi Salain Ni Gusti Ayu Dyah Satyawati Ni Luh Gede Astariyani Ni Nengah Adiyaryani Nurjanah, Ita Padmawati, Ni Komang Tari Rajaratnam, Nadeeka Risa Sandhi Surya Sakti Prasetiya Dharmapati Suandika, I Nyoman Sugi Hartono, I Made Sumadi, I Putu Sudarma Veronika Puteri Kangagung Wenies Ema Sinaga Windusadu Anantaya Yohanes Usfunan