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Oly Viana Agustine, Oly Viana
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Journal : Constitutional Review

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Election Design Following Constitutional Court Decision Number 14/PUU-XI/2013 Laksono, Fajar; Agustine, Oly Viana
Constitutional Review Vol 2, No 2 (2016)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (322.512 KB) | DOI: 10.31078/consrev223

Abstract

The major implication from Constitutional Court Decision No. 14/PUU-XI/2013 is that the Constitution promotes fundamental changes to the design of the general election regarding both process and substance. Therefore, in order to uphold the Constitution, efforts are required to reconstruct the design of the general election, particularly so that elections are conducted in accordance with Decision No. 14/PUU-XI/2013 as a representation of the spirit and the will of the 1945 Constitution. Essentially, the current norm regarding the implementation of general elections following the election of members of the representative institution is not consistent with the stipulations in Article 22E Paragraph (1) and Paragraph (2) and Article 1 Paragraph (2) of the 1945 Constitution. Constitutional Court Decision No. 14/PUU-XI/2013 aims to realign the implementation of the elections with the intentions of the 1945 Constitution. Through implementation of the original intent method and systematic interpretation, the Constitutional Court offered its interpretation that the framers of the amended Constitution intended that general elections have five ballot boxes, with the first for the People’s Representative Council (Dewan Perwakilan Rakyat, DPR), the second for the Regional Representative Council (Dewan Perwakilan Daerah, DPD), the third for the president and vice president, the fourth for the Regional People’s Representative Council (Dewan Perwakilan Rakyat Daerah, DPRD) at the provincial level and the fifth for the DPRD at the regency level. Thus, it can be concluded that the presidential elections should be conducted simultaneously with elections of members of the representative bodies. Through this decision, the Constitutional Court revoked the prevailing norm, such that Presidential Elections and Elections of members of representative bodies were no longer valid because they violated the 1945 Constitution. The Constitutional Court introduced a new legal condition that obligated General Elections to be held simultaneously.
The Constitutional Will In Human Rights Protection For Refugees Agustine, Oly Viana
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 (258.199 KB) | DOI: 10.31078/consrev316

Abstract

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 Constitution mandates a protection to them, whether it is an obligation of the government of Indonesia or it is volunteerism alone. The provisians are addressed in Article 28A, Article 28B paragraph (2), Article 28D paragraph (4), Article 28E paragraph (1), Article 28G paragraph (2), and Article 28H paragraph (1), and Article 28J paragraph (1), Broadly speaking, the Indonesian constitution calls for better protection of refugees to internally displaced persons and refugees across borders. This is reflected in several articles in the 1945 Constitution that mention the word “everyone” in the subject which meant regardless of citizenship status or population. This is certainly in line with the values of human rights that have been recognized along with the universality of human rights that are applicable. Therefors the will of the constitution on refugees needs to be implemented in legislation in Indonesia, which describes in details the human rights protection to internally displaced persons and refugees state that the will of the constitution in the protection of human rights to refugees be implemented correctly.
Co-Authors Fajar Laksono Sinaga, Erlina Maria Christin Winata, Muhammad Reza Yulistyaputri, Rizkisyabana