The Role of the Indonesian Constitutional Court for An Effective Economic, Social and Cultural Rights Adjudication
The Indonesian Constitutional Court has played important roles and functions to protect and fulfill human rights in the Indonesian legal system including the economic, social and cultural rights through its legal power of judicial review. It affirms that the ecosoc rights are legal justiciable ri...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Constitutional Court of the Republic of Indoneisa
2016-03-01
|
| Series: | Constitutional Review |
| Subjects: | |
| Online Access: | https://consrev.mkri.id/index.php/const-rev/article/view/14 |
| _version_ | 1811197174059368448 |
|---|---|
| author | Heribertus Jaka Triyana |
| author_facet | Heribertus Jaka Triyana |
| author_sort | Heribertus Jaka Triyana |
| collection | DOAJ |
| description | The Indonesian Constitutional Court has played important roles and functions to protect and fulfill human rights in the Indonesian legal system including the economic, social and cultural rights through its legal power of judicial review. It affirms that the ecosoc rights are legal justiciable rights and they are parts of constitutional mandates. It means that decision on judicial reviews require State to behave in accordance to legal thresholds decided by the Court. Undoubtedly, compliance to the decisions will reveal undeniable facts for fulfilment of state conduct. However, it seems that there are still many considerations, emphasis and excuse to somehow reduce or ignore threshold of application of the Court decisions. Complexity of actors, institutions, authorities, level of implementation, and orientation of particular policies, programs, actions and funds reduces the thresholds. |
| first_indexed | 2024-04-12T01:10:01Z |
| format | Article |
| id | doaj.art-820fddaee9aa470ba049e0cf6a9a6ace |
| institution | Directory Open Access Journal |
| issn | 2460-0016 2548-3870 |
| language | English |
| last_indexed | 2024-04-12T01:10:01Z |
| publishDate | 2016-03-01 |
| publisher | Constitutional Court of the Republic of Indoneisa |
| record_format | Article |
| series | Constitutional Review |
| spelling | doaj.art-820fddaee9aa470ba049e0cf6a9a6ace2022-12-22T03:54:08ZengConstitutional Court of the Republic of IndoneisaConstitutional Review2460-00162548-38702016-03-01117210210.31078/consrev11414The Role of the Indonesian Constitutional Court for An Effective Economic, Social and Cultural Rights AdjudicationHeribertus Jaka Triyana0Fakultas Hukum Universitas Gadjah Mada, YogyakartaThe Indonesian Constitutional Court has played important roles and functions to protect and fulfill human rights in the Indonesian legal system including the economic, social and cultural rights through its legal power of judicial review. It affirms that the ecosoc rights are legal justiciable rights and they are parts of constitutional mandates. It means that decision on judicial reviews require State to behave in accordance to legal thresholds decided by the Court. Undoubtedly, compliance to the decisions will reveal undeniable facts for fulfilment of state conduct. However, it seems that there are still many considerations, emphasis and excuse to somehow reduce or ignore threshold of application of the Court decisions. Complexity of actors, institutions, authorities, level of implementation, and orientation of particular policies, programs, actions and funds reduces the thresholds.https://consrev.mkri.id/index.php/const-rev/article/view/14justiciable rightsconstitutional rightsconstitutional mandatesecosoc rights |
| spellingShingle | Heribertus Jaka Triyana The Role of the Indonesian Constitutional Court for An Effective Economic, Social and Cultural Rights Adjudication Constitutional Review justiciable rights constitutional rights constitutional mandates ecosoc rights |
| title | The Role of the Indonesian Constitutional Court for An Effective Economic, Social and Cultural Rights Adjudication |
| title_full | The Role of the Indonesian Constitutional Court for An Effective Economic, Social and Cultural Rights Adjudication |
| title_fullStr | The Role of the Indonesian Constitutional Court for An Effective Economic, Social and Cultural Rights Adjudication |
| title_full_unstemmed | The Role of the Indonesian Constitutional Court for An Effective Economic, Social and Cultural Rights Adjudication |
| title_short | The Role of the Indonesian Constitutional Court for An Effective Economic, Social and Cultural Rights Adjudication |
| title_sort | role of the indonesian constitutional court for an effective economic social and cultural rights adjudication |
| topic | justiciable rights constitutional rights constitutional mandates ecosoc rights |
| url | https://consrev.mkri.id/index.php/const-rev/article/view/14 |
| work_keys_str_mv | AT heribertusjakatriyana theroleoftheindonesianconstitutionalcourtforaneffectiveeconomicsocialandculturalrightsadjudication AT heribertusjakatriyana roleoftheindonesianconstitutionalcourtforaneffectiveeconomicsocialandculturalrightsadjudication |