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All Journal Hasanuddin Law Review Indonesia Law Review (ILREV)
Anbar Jayadi
Universitas Indonesia
Law, Crime, Criminology & Criminal Justice

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What Constitutes as Limitation of (Human) Rights in Indonesian Legal Context? Jayadi, Anbar
Hasanuddin Law Review VOLUME 3 ISSUE 3, DECEMBER 2017
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (316.359 KB) | DOI: 10.20956/halrev.v3i3.1203

Abstract

This article reviews the interpretation of the Constitutional Court (the Court) on the Article 28J paragraph (2) of the 1945 Constitution by looking into the rulings related to the Information and Electronic Transaction Law. These rulings are chosen because, in those rulings, tensions between individual and public interest are apparent. For example, the tension between the right to privacy and freedom of expression, and the tensions between freedom of expression and public order. The rulings that will be studied in this writing are Ruling No. 50/PUU-VI/2008, Ruling No. 2/PUU-VII/2009, Ruling No. 5/PUU-VIII/2010, Ruling No. 52/PUU-XI/2013, and Ruling No. 20/PUU-XIV/2016. In studying those rulings, this article use a legal method namely the interpretation of arguments, e.g. what are the arguments provided by the claimants in the case in relation to the Article 28J paragraph (2) of the 1945 Constitution and how does the Court responds to such arguments. Additionally, this writing will also compare the rulings to each other to portray the “variety” of interpretation by the Court over the time. Furthermore, this article will compare the Article 28J paragraph (2) of the 1945 Constitution and the Court’s interpretation of it to other standards of limitation in other human rights instruments such as European Convention on Human Rights (ECHR) and International Covenant on Civil and Political Rights (ICCPR) in order to depict what are the distinctive features of limitation of rights in Indonesian regime in comparison to other regimes. Last but not least, this article analyze what are the lesson learned from studying the Court’s interpretation and the possible consequence of such interpretation to the human rights protection in Indonesia.
Should Indonesia Accede to The 1951 Refugee Convention and Its 1967 Protocol? Liliansa, Dita; Jayadi, Anbar
Indonesia Law Review Vol. 5, No. 3
Publisher : UI Scholars Hub

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Abstract

Being a non-party to the 1951 Convention relating to the Status of Refugees (“1951 Refugee Convention”) and 1967 Protocol relating to the Status of Refugees (“1967 Protocol”), Indonesia does not have legal obligations to provide permanent resettlement for asylum seeker and/or refugee. However, as a transit country for those seeking shelter in Australia, Indonesia undergoes a myriad of issues resulting from illegal entrance by asylum seeker and/or refugee. Besides having neither legal framework nor domestic mechanism to handle asylum seekers and/or refugee, Indonesia’s immigration law identifies every foreigner including asylum seeker and refugee who unlawfully enter Indonesia’s territory into the same box as illegal migrant. It then leads to the arrest of asylum seeker and/or refugee to be put in an over-capacity detention center or other places. This paper will analyze various issues related to asylum seeker and refugee in Indonesia and to weigh whether it is indispensable for Indonesia to accede to the 1951 Refugee Convention and its 1967 Protocol.
Dispute Settlement Mechanisms under the ASEAN Legal Framework Jayadi, Anbar
Indonesia Law Review Vol. 6, No. 2
Publisher : UI Scholars Hub

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Abstract

ASEAN has great ambitions. One (or two, even three and more) of them was laid out in ASEAN Economic Blueprint. It is to make ASEAN achieves higher levels of economic dynamism, sustained prosperity, inclusive growth and integrated development,1 visionary indeed. Nonetheless, it is necessary to always think and prepare if disputes happen. How to both face and to the extent, solve a dispute will determine whether ASEAN member states are committed to ASEAN and its ambitions as an intergovernmental organization.2 This book, as a matter of fact, do point out the necessity to examine existing dispute settlement mechanisms and discuss about it comprehensively by pulling out red line from the ASEAN Charter, the 2010 ASEAN Charter’s Protocol on Dispute Settlement Mechanism to the ASEAN Comprehensive Investment Agreement.
Indonesia’s Delimited Maritime Boundaries Jayadi, Anbar
Indonesia Law Review Vol. 5, No. 1
Publisher : UI Scholars Hub

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Abstract

In case of Indonesia’s geographical condition, it goes without saying that with great potentials come great responsibilities to manage. With an overall distance of more than 1900 km from east to west and nearly 80% of its area are sea regulating its borders especially maritime boundaries will not only affect the integrity of the nation but also protect its natural resources.
Co-Authors Dita Liliansa