Strengthening Constitutional Complaint Authority: Enhancing Citizens' Constitutional Rights Protection in Indonesia
Year: 2023
Type: article
Abstract: Constitutional complaint serves as a vital self-defense mechanism for citizens in safeguarding their constitutional rights against the actions of state authorities. The role of the Constitutional Court in upholding the constitution and protecting citizens’ rights is of paramount importance. However, certain challenges have arisen due to the absence of a mechanism to address state administrators’ actions that violate citizens’ constitutional rights, the lack of a defined framework for constitutional complaints within the Constitutional Court’s jurisdiction, and the limited application of the constitutional complaint law in Indonesia. Consequently, this article examines the urgency of expanding the Constitutional Court’s authority to hear constitutional complaints as a important legal reform in Indonesia. Employing normative and conceptual study methods, as well as a statute approach, this paper explores the concept of constitutional complaints as a means to strengthen citizens’ constitutional rights protection. The ultimate goal is to guide the Constitutional Court towards a more explicit and effective constitutional complaint mechanism during its review of laws, thereby providing optimal safeguards for citizens’ constitutional rights.
Source: Journal of Law and Legal Reform
Authors: Amarru Mutfie Holish, Aulia Maharani
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4385584074