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Syafi’ie, M.
Mahkamah Konstitusi Republik Indonesia
Law, Crime, Criminology & Criminal Justice Other

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Instrumentasi Hukum Ham, Pembentukan Lembaga Perlindungan Ham di Indonesia dan Peran mahkamah Konstitusi Syafi’ie, M.
Jurnal Konstitusi Vol 9, No 4 (2012)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (626.964 KB) | DOI: 10.31078/jk%x

Abstract

Post-reform occurs instrumentation very progressive human rights law. Assessment, extraction, creation of new legal dimension of human rights take place so quickly. Many international conventions that have been ratified. At the same time, the protection of human rights organizations, both national and international are also emerging. The fall of the Orde Baru in the perspective some intellectual say as a  sign of the receipt of the universalism of human rights in Indonesia. However, the substance of human rights law is made progressively still have many problems. The same is true of human rights protection institutions that have weaknesses, and tend to be attenuated. Among the many human rights agencies that overlap and do not go for the synergistic promotion of human rights in Indonesia. In that context, the Constitutional Court as the guardian of the constitution and is one of the human rights protector is expected to correct the errors of substance that are contrary to constitution and againt the human   rights.
Ambiguitas Hak Kebebasan Beragama di Indonesia dan Posisinya Pasca Putusan Mahkamah Konstitusi Syafi’ie, M.
Jurnal Konstitusi Vol 8, No 5 (2011)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (467.925 KB) | DOI: 10.31078/jk%x

Abstract

Freedom of religion is one of the rights guaranteed in the 1945 and several regulations regarding human rights in Indonesia. In Article 28I paragraph 1 stated that the religious right is expressed as a right that can not be deducted under any circumstances, as well as the right to life, the right not to be tortured, the right to freedom of thought and conscience, freedom from enslavement, recognition as a person before law,  and and  the right not to be prosecuted on the basis of a retroactive law.  As one of the rights that can not be reduced, then the religious right should   apply universally and non-discrimination. Splitting ensures the right to religious freedom in the midst of violence in the name of religion encourage some NGOs and leaders of democracy to conduct a judicial review of UU No. 1/PNPS/1965 on the Prevention of Abuse and or blasphemy.   Act shall be deemed contrary to  the  guarantee  of  freedom  of  religion that can not be reduced under any circumstances. In that context, the Constitutional Court rejected judicial review entirely, although there are dissenting opinion from one of the judges of the constitution. After the Constitutional Court decision, the identity of religious rights in Indonesia becomes brighter, which can be reduced and restricted. Decision of the Constitutional Court not be good news for the applicants, because the   UU No. 1/PNPS/1965 are one tool for certain groups to justify violence  in the name of contemporary   religion.
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