Ricky Thio
Faculty of Law, Universitas 17 Agustus 1945 Jakarta, Indonesia

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Legal Standing Reform in Constitutional Adjudication: Reconciling Foreign Nationals' Rights with Constitutional Protection in Indonesia Didit Wijayanto Wijaya; Ricky Thio
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5788

Abstract

The restriction of legal standing for judicial review applicants at the Constitutional Court, which is limited to Indonesian citizens as regulated in Article 51(1) of the Constitutional Court Law, has created discrimination and injustice for foreign citizens whose constitutional rights are violated by the enactment of laws in Indonesia. This contradicts the principle of equality before the law guaranteed by Article 28D(1) of the 1945 Constitution. This research aims to analyze the normative conflict between the legal standing restriction in Article 51(1) of the Constitutional Court Law and the principle of equality before the law, as well as to formulate a reconstructed concept of legal standing regulations that ensures greater justice for foreign citizens in constitutional review processes at the Indonesian Constitutional Court. The study was conducted through comprehensive research and analysis of legal principles, constitutional norms, and constitutional law doctrines related to the concept of legal standing and the principle of equality before the law. The research findings indicate that the restriction of legal standing for foreign citizens in judicial review creates a legal vacuum in the protection mechanism of foreign citizens' constitutional rights. This study presents a novel finding in the form of a reconstructed concept of Article 51(1) of the Constitutional Court Law, which expands legal standing to foreign citizens under the condition that they can demonstrate a nexus between their constitutional injury and the implementation of the law under review.