scholarly journals The Protection of Civil and Political Rights by the Constitutional Court of Indonesia

2016 ◽  
Vol 6 (2) ◽  
pp. 158 ◽  
Author(s):  
Pan Mohamad Faiz
2017 ◽  
Vol 4 (1) ◽  
pp. 69
Author(s):  
Mohamed A. Arafa

Case No.8 of 1996 is a landmark decision of the Egyptian Supreme Constitutional Court (“SCC”) and represents one of the most significant judicial rulings of a structural remedy for the interpretation of Article 2 of Egypt 2014 Constitution. The jurisprudence of the SCC is essential to advance a moderate (liberal), rights-protecting interpretation of Sharie‘a. In this case, the SCC held that a rule on face-veiling in public schools is compatible not only with Islamic law, but with certain human rights guaranteed by the Constitution:, as freedom of expression and freedom of religion. This decision dealt with the SCC’s view on Islamic ijtihad (legal reasoning), and, gives insight into the Court’s views on civil and political rights context.


2021 ◽  
Vol 8 (5) ◽  
Author(s):  
Nanang Nur Wahyudi ◽  
Nynda Fatmawati Octarina

Hak Politik dilindungi hukum, baik secara internasional maupun nsional. secara internasional, hak politik diatur Universal Declaration of Human Rights (UDHR) dan International Covenant on Civil and Political Rights (ICCPR). hak politik juga dilindungi konsitusi kita dan beberapa peraturan Perundang-Undangan lainnya, serutama Undang-Undang no 39 tahun 1999 tentang Hak Asasi Manusia. Adanya ketentuan yang merupakan syarat untuk mencalonkan diri pada pemilihan yang jelas membatasi bahkan meniadakan hak seseorang untuk ikut serta dalam menggunakan hak azasinya. Hal ini jelas merupakan pelanggaran terhadap hak azasi seseorang, yang dalam hal ini hak politik yang dimiliki oleh seorang mantan narapidana khususnya pada kasus korupsi. Apabila kita mencermati ketentuan UUD 1945, maka seorang mantan narapidana juga sebagai warga negara yang memiliki hak politik yang sama dengan warga negara lainnya. Hak Uji materiel terhadap peraturan yang  bertentangan dengan Undang-Undang Dasar 1945, maka kewenangan hak menguji ada pada Mahkamah Konstitusi (MK). Putusan Mahkamah Konstitusi memberi kepastian hukum bahwa seorang mantan Narapidana kasus korupsi masih diperbolehkan untuk mencalonkan diri pada pemilihan kepala daerah karena mantan narapidana masih memiliki hak politik sebagai warga negara. Untuk dapat mencalonkan diri pada pemilihan kepala daerah, maka mantan narapidana setelah melewati masa 5 (lima) tahun  selesai menjalani masa hukuman dan telah kembali kepada kehidupan masyarakat sebagaimana kehidupan masyarakat lainnya. Menghormati hak politik mantan narapidana kasus korupsi sebagai pengakuan terhadap hak azasi manusia dalam negara Republik Indonesia yang merupakan hak konstitusional yang diatur dalam UUD Tahun 1945. Kata Kunci : Narapidana, Judisial Review, Hak, Putusan Mahkamah Konstitusi ABSTRACTPolitical rights are protected by law, both internationally and nationally. Internationally, political rights are regulated by the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). Political rights are also protected by our constitution and several other laws and regulations, especially Law No. 39 of 1999 concerning Human Rights. There is a provision which is a requirement to run for election which clearly limits and even negates a person's right to participate in exercising their human rights. This is clearly a violation of a person's human rights, which in this case the political rights of an ex-convict, especially in cases of corruption. If we look at the provisions of the 1945 Constitution, an ex-convict is also a citizen who has the same political rights as other citizens. The right to judicial review of regulations that are contrary to the 1945 Constitution, the authority of the right to examine lies with the Constitutional Court (MK). The Constitutional Court's decision provides legal certainty that a former convict in a corruption case is still allowed to run for regional head elections because ex-convicts still have political rights as citizens. To be able to run for regional head elections, ex-convicts after passing through a period of 5 (five) years have finished serving their sentence and have returned to community life as other people's lives. Respect the political rights of ex-convicts of corruption cases as an acknowledgment of human rights in the Republic of Indonesia which are constitutional rights regulated in the 1945 Constitution. Keywords: Prisoners, Judicial Review, Rights, Constitutional Court Decisions


2018 ◽  
Vol 69 (2) ◽  
pp. 207-224
Author(s):  
Lech Mażewski

The creation of the Constitutional Tribunal (1981, 1985), instead of a separate chamber of the Supreme Court, was accompanied by numerous discussions and sometimes even disputes. The process took place between 1981 and 1985. It was decided that in case of analyzing whether a law is constitutional and legal, the most important element is the existence of an independent state body such as the Constitutional Tribunal. Moreover, jurisdiction activity was brought into the purview of the Tribunal. In order to achieve this, the Parliament (Polish Sejm) had to enact a proper statutory law and to select judges for the Constitutional Tribunal. However, regardless ofall the legal deficiencies which accompanied the legal regime of the new body, it should be considered an important step in the construction of the constitutional judiciary in Poland. The jurisdiction activity of the Tribunal between 1986 and 1989 also attests to that. The constitutional legislator created such a model of the Tribunal which prevented it from being fully recognized as a constitutional court. The rationale behind this was thenecessity of preserving the Parliament’s superior position in the system of state bodies. The Tribunal was rather founded as a body to analyze the legality of law in order to ensure the supremacy of constitutional acts in the system of law sources. However, even such a legal solution had its significance from the point of view of protection of civil and political rights as well as of civil liberties.


2008 ◽  
Vol 16 (1) ◽  
pp. 1-34 ◽  
Author(s):  
MANISULI SSENYONJO

The principles of equality and non-discrimination represent the twin pillars or the cornerstone upon which the whole edifice of human rights law is established.1 At least every State in the world today is a party to a human rights treaty prohibiting discrimination on the basis of sex and/or protecting equality between men and women.2 Despite this fact inequality and discrimination remain two major impediments to the enjoyment of human rights of women. Discrimination against women on the basis of sex denies or limits as it does their equality with men, and is ‘fundamentally unjust’ since it violates the principles of equality of rights and respect for human dignity.3 It is an obstacle to the participation of women, on equal terms with men, in the political, social, economic and cultural life of their States, hampers the growth of the prosperity of society and the family and makes more difficult the full development of the potentialities of women.4 International human rights instruments such as Article 3 of the International Covenant on Civil and Political Rights (ICCPR)5 and Article 3 of the International Covenant on Economic, Social and Cultural Rights (ICESCR)6 underline commitment to sexual equality in the enjoyment of all civil and political rights, as well as economic, social and cultural rights. Similarly, Article 2 and 3 of the African Charter on Human and Peoples’ Rights (ACHPR) prohibit discrimination and protect equality before the law.7 This demands de jure (or formal) equality and de facto (or substantive) equality for men and women.8 Formal equality assumes that equality is achieved if a law or policy treats men and women in a neutral manner.9 Substantive equality is concerned, in addition, with the effects of laws, policies and practices and with ensuring that they do not maintain, but rather alleviate, the inherent disadvantages that particular groups experience.10


2021 ◽  
Vol 29 (3) ◽  
pp. 383-399
Author(s):  
Simbarashe Tembo ◽  
Annette Singh

The article is based on the notion that real socio-economic and political transformation did not follow the adoption of the 2013 Zimbabwean Constitution. Relying on theories of constitutionalism, transformational constitutionalism and transformative adjudication as contemplated by Karl Klare, the question of whether it is possible for the transformation agenda to be accomplished in the absence of political will, and the extent to which the courts can be used as a means of attaining this, is addressed. The article uses a socio-legal research method by drawing arguments from legal and policy-related literature. The jurisprudence of the Zimbabwean Constitutional Court is compared with other jurisdictions such as Kenya and South Africa that adopted interpretative and adjudication methods that have changed the lives of the people, especially with regard to socio-economic and civil and political rights. It is observed that while commendable progress has been made by the Zimbabwean courts, the jurisprudence is still fraught with inconsistencies and lacking in transformative legal culture.


2018 ◽  
Vol 41 (1-2) ◽  
pp. 9-18
Author(s):  
Peter Crowley

Northern Ireland’s Troubles conflict, like many complex conflicts through the world, has often been conceived as considerably motivated by religious differences. This paper demonstrates that religion was often integrated into an ethno-religious identity that fueled sectarian conflict between Protestants and Catholics in Northern Ireland during the Troubles period. Instead of being a religious-based conflict, the conflict derived from historical divides of power, land ownership, and civil and political rights in Ireland over several centuries. It relies on 12 interviews, six Protestants and six Catholics, to measure their use of religious references when referring to their religious other. The paper concludes that in the overwhelming majority of cases, both groups did not use religious references, supporting the hypothesis on the integrated nature of ethnicity and religion during the Troubles. It offers grounding for looking into the complex nature of sectarian and seemingly religious conflicts throughout the world, including cases in which religion acts as more of a veneer to deeply rooted identities and historical narratives.


Author(s):  
Yogesh Tyagi

The golden jubilee of the International Covenant on Civil and Political Rights (ICCPR) coincides with the emergence of Asia as a centre of global attention. However, greater attention to Asia has been accompanied by some scepticism over its attitude towards human rights. The chapter provides an overall assessment of the impact of the ICCPR on the major Asian States, with an analysis of the factors affecting such influence. The chapter considers the involvement in, observance of, and compliance with the provisions of the ICCPR by these States. It further delves into the academic and judicial discourse on the ICCPR within these States, recording the domestic disposition towards judgments of foreign courts, the output of the Human Rights Committee, and the work of other international human rights bodies. It makes suggestions for developing mechanisms to improve the effectiveness of the ICCPR and for creating databases to perform further research in the area.


Author(s):  
Başak Çali

This chapter surveys the legal influence of the International Covenant on Civil and Political Rights (ICCPR) on the domestic laws of States in the Middle East region. It analyses ratification, reservation, and reporting practices, the domestic legal status of the ICCPR, and State responses to the Human Rights Committee’s concluding observations. The chapter argues that the ICCPR’s legal influence in the region is structurally hampered due to its lack of authoritative legal status and the dominance of defensive domestic legalism. A significant gap remains between the HRC’s vision of civil and political rights protection grounded in the entrenchment of liberal, democratic, and multicultural laws and the region’s authoritarian or majoritarian political structures that foreground security and treat non-majority identities as threats. The influence of the ICCPR on domestic laws in the Middle East remains a long-term battle, whereby small gains under limited legal opportunity structures remain the overarching norm.


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