Indonesia Law Review (ILREV)
Vol. 12, No. 2

Sanctioning Ideas: Alternative International Law Argument in Defence of Indonesia’s Ideological Curtailment on Societal Organization

Esratian, Billy (Unknown)



Article Info

Publish Date
30 Aug 2022

Abstract

Engulfed in a constant ideological challenge from various societal organizations, Indonesia inflicts an ideological curtailment measure as an attempt to defend the reign of its state ideology, Pancasila. To this end, societal organization is barred to actively adopt, develop, and spread any teaching or idea which contradicts Pancasila. From international law standpoint, assertion over the measure’s incompatibility with human rights norms emerges. Although, a portion of the justification conveyed by the Government of Indonesia did stipulate a reference to international human rights law regime by virtue of the invocation of state of emergency and a presumably regional norm, such defence is shaky at best when being confronted with the temporal nature of state of emergency and the high threshold to ascertain a regional customary international law. This Article, therefore, proposes an alternative defence for such curtailment measure from international law perspective. In doing so, this Article will first delve to pinpoint the ideological issue within the corpus of international law. Subsequently, by navigating through international conventions and jurisprudences, it will establish conceivable justifications for Indonesia’s ideological curtailment. Finally, this Article will also observe the looming challenges and opportunities as Indonesia embraces a restrictive approach to societal organization existing under its jurisdiction.

Copyrights © 2022






Journal Info

Abbrev

publication:ilrev

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Indonesia Law Review (ILREV) is an open access, double-blind peer-reviewed law journal. It was first published by the Djokosoetono Research Center (DRC) in 2011 to address the lack of scholarly literatures on Indonesian law accessible in English for an international audience. ILREV focuses on recent ...