Indonesian Journal of International Law


RETROSPECTIVITY AND HUMAN RIGHTS IN INDONESIA: HOW CAN IRREGULARITIES BE RESOLVED

Suhaeb, Irsyad Dhahri S (Unknown)



Article Info

Publish Date
01 Jan 2013

Abstract

To join the international community in committing protection to human rights, Indonesia consequently manifested the commitment through its constitution. However, there are still homework need to be done, including how to clarify the meaning of retrospective, also acknowledged as ‘retroaktif’, indicated in the Article 28I (1) of the 1945 Constitution. Three retrospective cases decided by the Constitutional Court were used to examine Indonesian practitioners’ understanding on retrospective principle in line with human rights, they are cases of Masykur of Terrorism Law, Abilio Soares of Human Rights Court Law, and ex members of banned political Party-PKI in General Election Law. Through these cases, it is interestingly seen that retrospective issues of human rights were implemented variously according to the interests in national socio-political needs. This made retrospectivity issue within human rights still open to be discussed more in setting up Indonesian human rights.

Copyrights © 2013






Journal Info

Abbrev

publication:ijil

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

IJIL is intended to promote international law in Indonesia and to build the interest of scholars and decision-makers in the important role of international law in developing the rule-based international community. IJIL is intended to serve as an academic discussion forum on the development of ...