Law, democracy and the fulfilment of socioeconomic rights: insights from Indonesia

Rosser, Andrew; Diermen, Maryke van

doi:10.1080/01436597.2015.1108829

Cited by 7 publications

(2 citation statements)

References 26 publications

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“…During the New Order, anti-Soeharto, pro-poor NGOs preferred to stay out of party politics and pursue their policy agendas outside of the legislature (Lane, 2008). Even after Reformasi, many NGOs have refused to align with any of the major political parties, viewing the current system as hopelessly corrupt and captured by elite interests (Mietzner, 2013;Rosser and van Diermen, 2016). The Constitutional Court provides an alternative means for these groups when they cannot advance their policy goals through the legislative or executive branches.…”

Section: The Court and Civil Societymentioning

confidence: 99%

Demand-Side Constitutionalism: How Indonesian NGOs Set the Constitutional Court’s Agenda and Inform the Justices

Nardi¹

2018

CILIS Policy Paper Series

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Since its creation in August 2003, the Indonesian Constitutional Court’s decisions have legalised the defunct PKI (Partai Komunis Indonesia, Indonesian Communist Party), mandated an open party-list election system, invalidated efforts to privatise the electricity and water sectors, and required the government to formally recognise indigenous faiths. This paper argues that non-government organisations (NGOs) have had a crucial and underappreciated impact in determining both which cases reach the justices, and the content of the Court’s final decisions. It finds that NGOs are responsible for bringing the majority of socioeconomic claims, resulting in some of the Court’s most controversial and far-reaching decisions. In addition, the justices are significantly more likely to quote petitions submitted by NGOs, meaning that the information NGOs include in their briefs is critical in shaping the justices’ understanding of the legal and policy issues at stake. These findings have important implications for rule of law projects in Indonesia. In particular, they underline the importance of demand-side reforms. Donors should consider improving the capacity of NGOs to detect and inform the Constitutional Court about rights violations. They should also consider investing in the research capacities of NGOs as the justices rely heavily upon the information they provide.

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Section: The Court and Civil Societymentioning

confidence: 99%

Demand-Side Constitutionalism: How Indonesian NGOs Set the Constitutional Court’s Agenda and Inform the Justices

Nardi¹

2018

CILIS Policy Paper Series

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“…At the end of this writing, it is hoped that it will answer and provide input on the implementation of this presidential threshold to democracy. 13…”

Section: A Introductionmentioning

confidence: 99%

The Legitimacy of Presidential Threshold Towards Indonesian Citizens’ Democracy and Constitutional Rights

Rifky¹

2021

Constitutionale

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A presidential threshold or a threshold for presidential candidacy dramatically hinders a person's democratic rights. This is because a person can rightfully nominate and elect themselves through a political party, which must be limited due to this system. The Presidential Threshold could eliminate the fundamental rights of the people in the constitution, where every citizen has the right to be elected and to vote. This statement is stated in Article 28(D) paragraph 3 of the 1945 Constitution, later revealed to be Law No.39 of 1999. With the existence of this presidential threshold, it is feared that it could injure the law's mandate. The research aims to determine whether the presidential threshold injured democracy and the mandate of the 1945 constitution. This research uses a normative approach. The research will focus on the principles, comparisons and history of law. The presidential threshold will close the space for political parties to carry the best presidential and vice-presidential candidates for the community. This automatically kills democracy, political parties' constitutional rights, and the people's right to choose the best and quality, leaders.

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Whose Democracy? Governing Indonesia in a Globalized World

Tan

2020

Challenges of Globalization and Prospects for an Inter-Civilizational World Order

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Law, democracy and the fulfilment of socioeconomic rights: insights from Indonesia

Cited by 7 publications

References 26 publications

Demand-Side Constitutionalism: How Indonesian NGOs Set the Constitutional Court’s Agenda and Inform the Justices

Demand-Side Constitutionalism: How Indonesian NGOs Set the Constitutional Court’s Agenda and Inform the Justices

The Legitimacy of Presidential Threshold Towards Indonesian Citizens’ Democracy and Constitutional Rights

Whose Democracy? Governing Indonesia in a Globalized World

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