The Influence of External Actors on Human Rights Incorporation in the 1949 Federal Constitution of Indonesia
This article discusses how the incorporation of human rights provisions in the 1949 Federal Constitution of Indonesia has been influenced by the political constellation marked by the involvement of the Netherlands and the United Nations (UN) as external actors. The study in this article is consider...
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| Format: | Article |
| Language: | English |
| Published: |
The Registrar and Secretariat General of the Constitutional Court of the Republic of Indonesia
2023-12-01
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| Series: | Jurnal Konstitusi |
| Subjects: | |
| Online Access: | https://jurnalkonstitusi.mkri.id/index.php/jk/article/view/2300 |
| Summary: | This article discusses how the incorporation of human rights provisions
in the 1949 Federal Constitution of Indonesia has been influenced by the
political constellation marked by the involvement of the Netherlands and
the United Nations (UN) as external actors. The study in this article is
considered a socio-legal study in line with its interdisciplinary character,
which could be specified as legal history research. The general conclusion
drawn shows that the settlement of disputes regarding the issue of
decolonization through the Round Table Conference has conditioned
the incorporation of human rights into the 1949 Federal Constitution.
It appears that from the clauses outlined in the Linggarjati Agreement
and the Statute of the Netherlands-Indonesia Union, the 1949 Federal
Constitution mutatis mutandis was conditioned to adopt constitutional
guarantees of human rights. In addition, the involvement of the UN
indirectly makes the incorporation of human rights possible, as the
UN was established with one of its main objectives to promote respect
for human rights.
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| ISSN: | 1829-7706 2548-1657 |