Balancing Civil and Political Rights: Constitutional Court Powers in Indonesia and Austria

This study focuses on analyzing the role and challenges faced by the Constitutional Court in upholding political and civil rights in Indonesia and Austria. This research explores various conceptual and comparative aspects of law through normative research methods and delves deeper into how these ins...

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Main Authors: Askari Razak, Mohamad Hidayat Muhtar, Kevin M. Rivera, Geofani Milthree Saragih
Format: Article
Language:English
Published: Universitas Negeri Semarang 2023-12-01
Series:JILS (Journal of Indonesian Legal Studies)
Subjects:
Online Access:https://journal.unnes.ac.id/sju/jils/article/view/70717
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author Askari Razak
Mohamad Hidayat Muhtar
Kevin M. Rivera
Geofani Milthree Saragih
author_facet Askari Razak
Mohamad Hidayat Muhtar
Kevin M. Rivera
Geofani Milthree Saragih
author_sort Askari Razak
collection DOAJ
description This study focuses on analyzing the role and challenges faced by the Constitutional Court in upholding political and civil rights in Indonesia and Austria. This research explores various conceptual and comparative aspects of law through normative research methods and delves deeper into how these institutions operate in practice. Analysis shows that the Constitutional Courts in both countries serve as the primary guardians of justice and human rights. However, it must also operate in a complex environment, dealing with social, political, and international challenges. The study found that changes in laws and regulations have significant potential to strengthen the authority and effectiveness of the Constitutional Court. This is reflected in the constitutional evolution in both countries, where legal and regulatory reforms have played an important role in shaping and defining the authority of the Constitutional Court. This study confirms the importance of increasing the capacity and legal knowledge of members of the Constitutional Court, as well as the need for greater understanding and appreciation from the public of this institution's vital role and function. This research contributes to understanding how constitutional institutions can adapt and evolve to meet challenges in enforcing political and civil rights.
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spelling doaj.art-4a33692fddca4050b7e09438f44e862a2024-03-25T14:47:33ZengUniversitas Negeri SemarangJILS (Journal of Indonesian Legal Studies)2548-15842548-15922023-12-01821311136010.15294/jils.v8i2.7071770717Balancing Civil and Political Rights: Constitutional Court Powers in Indonesia and AustriaAskari Razak0Mohamad Hidayat Muhtar1Kevin M. Rivera2Geofani Milthree Saragih3Faculty of Law, Universitas Muslim IndonesiaFaculty of Law, Universitas Negeri GorontaloUniversity of the Cordilleras & College of the Immaculate ConceptionFaculty of Law, Universitas Sumatera UtaraThis study focuses on analyzing the role and challenges faced by the Constitutional Court in upholding political and civil rights in Indonesia and Austria. This research explores various conceptual and comparative aspects of law through normative research methods and delves deeper into how these institutions operate in practice. Analysis shows that the Constitutional Courts in both countries serve as the primary guardians of justice and human rights. However, it must also operate in a complex environment, dealing with social, political, and international challenges. The study found that changes in laws and regulations have significant potential to strengthen the authority and effectiveness of the Constitutional Court. This is reflected in the constitutional evolution in both countries, where legal and regulatory reforms have played an important role in shaping and defining the authority of the Constitutional Court. This study confirms the importance of increasing the capacity and legal knowledge of members of the Constitutional Court, as well as the need for greater understanding and appreciation from the public of this institution's vital role and function. This research contributes to understanding how constitutional institutions can adapt and evolve to meet challenges in enforcing political and civil rights.https://journal.unnes.ac.id/sju/jils/article/view/70717constitutional courtpolitical rightscivil rightsindonesiaaustria
spellingShingle Askari Razak
Mohamad Hidayat Muhtar
Kevin M. Rivera
Geofani Milthree Saragih
Balancing Civil and Political Rights: Constitutional Court Powers in Indonesia and Austria
JILS (Journal of Indonesian Legal Studies)
constitutional court
political rights
civil rights
indonesia
austria
title Balancing Civil and Political Rights: Constitutional Court Powers in Indonesia and Austria
title_full Balancing Civil and Political Rights: Constitutional Court Powers in Indonesia and Austria
title_fullStr Balancing Civil and Political Rights: Constitutional Court Powers in Indonesia and Austria
title_full_unstemmed Balancing Civil and Political Rights: Constitutional Court Powers in Indonesia and Austria
title_short Balancing Civil and Political Rights: Constitutional Court Powers in Indonesia and Austria
title_sort balancing civil and political rights constitutional court powers in indonesia and austria
topic constitutional court
political rights
civil rights
indonesia
austria
url https://journal.unnes.ac.id/sju/jils/article/view/70717
work_keys_str_mv AT askarirazak balancingcivilandpoliticalrightsconstitutionalcourtpowersinindonesiaandaustria
AT mohamadhidayatmuhtar balancingcivilandpoliticalrightsconstitutionalcourtpowersinindonesiaandaustria
AT kevinmrivera balancingcivilandpoliticalrightsconstitutionalcourtpowersinindonesiaandaustria
AT geofanimilthreesaragih balancingcivilandpoliticalrightsconstitutionalcourtpowersinindonesiaandaustria