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Constitutional Review
Published by Mahkamah Konstitusi Republik Indonesia
ISSN : 24600016     EISSN : 25483870     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Constitutional Review is a law journal published by the Constitutional Court of the Republic of Indonesia twice a year. The primary purpose of this journal is to disseminate research, conceptual analysis and other writings of scientific nature on constitutional issues. Articles published cover various topics on constitutions, constitutional courts, constitutional court decisions and issues on constitutional law either in Indonesia or other countries all over the world. This journal is designed to be an international law journal and intended as a forum for legal scholarship which discusses ideas and insights from law professors, legal scholars, judges and practitioners.
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Articles 12 Documents
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Search results for , issue "Vol 5, No 2 (2019)" : 12 Documents clear
Shifting the Character of the Constitutional Court Decision Influenced by Political Constellation in Indonesia Proborini Hastuti
Constitutional Review Vol 5, No 2 (2019)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (392.221 KB) | DOI: 10.31078/consrev526

Abstract

Recently, the decisions of the Constitutional Court have become one of the focuses in the dynamics of Indonesian state administration. This research discusses the relevance of political constellation in Indonesia and its influence on the changing character of several constitutional court decisions from self-executing to non-self executing. This research aims to find out how the legal impact of shifting the character of the Constitutional Court’s decision in its implementation. This research is a normative study supported by a law, case and conceptual approach. The data used are secondary data, obtained by means of a literature research which is then arranged systematically and analyzed with qualitative analysis. From the results of the analysis it is known that the shift in the character in several decisions of the Constitutional Court was carried out as an effort to offset the political constellation in the legislators. The character shift is done in the hope that it can guarantee the execution of the Constitutional Court’s ruling and can be followed up on by the decision of the ruling. This shows that Constitutional Court judges are trying to find a legal breakthrough in the corridor of judicial activism to make an ideal constitutional review decision.
The Protection of Economic, Social and Cultural Rights in International Law Hennie Strydom
Constitutional Review Vol 5, No 2 (2019)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (394.999 KB) | DOI: 10.31078/consrev522

Abstract

This contribution commences with a brief overview of the origin of economic, social and cultural rights and their eventual codification in the 1966 International Covenant on Economic, Social and Cultural Rights. The main part then focuses, firstly, on the nature and scope of state obligations for the realization of Covenant rights and the enforcement mechanisms created under the Covenant and its Optional Protocol, and secondly, on the role of the UN Human Rights Council and the UN Security Council. In the conclusion, three contemporary developments are highlighted which could open up new areas in which economic, social and cultural rights could find further application.

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