The Role of the Indonesian Constitutional Court for An Effective Economic, Social and Cultural Rights Adjudication | Zendy

Heribertus Jaka Triyana | Zendy

AI Assistant Blog Pricing

Home ZAIA Blog

Open Access

The Role of the Indonesian Constitutional Court for An Effective Economic, Social and Cultural Rights Adjudication

Author(s) -

Heribertus Jaka Triyana

Publication year - 2016

Publication title -

constitutional review

Language(s) - English

Resource type - Journals

eISSN - 2548-3870

pISSN - 2460-0016

DOI - 10.31078/consrev114

Subject(s) - excuse , adjudication , law , political science , human rights , cultural rights , constitutional court , social rights , state (computer science) , judicial review , law and economics , reservation of rights , indonesian , fundamental rights , right to property , sociology , constitution , linguistics , philosophy , algorithm , computer science

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.

The content you want is available to Zendy users.

Already have an account? Click here to sign in.

Having issues? You can contact us here

Accelerating Research