IDEAS home Printed from https://ideas.repec.org/a/bjz/ajisjr/2443.html
   My bibliography  Save this article

Assessing the Conformity of Human Rights Paradigm in Indonesian Legislation and the Rulings of the Constitutional Court

Author

Listed:
  • Suparman Marzuki

Abstract

The dominance of cultural relativism in the regulation of human rights in Indonesia and its influence on the decisions made by the Constitutional Court is believed to be caused by suspicion towards the individualistic nature of the universal paradigm of human rights. However, this paper examines the implementation of the human rights regulatory paradigm in Indonesia and the application of both paradigms in the Court's decisions through a normative juridical approach and document analysis. It concludes that the existing regulatory paradigm, including TAP XVII/MPR/1998, the 1945 Constitution, Law Number 39 of 1999, and the Court's decisions, tend to emphasize particularistic paradigms that justify restrictions on civil liberties and rights.

Suggested Citation

  • Suparman Marzuki, 2023. "Assessing the Conformity of Human Rights Paradigm in Indonesian Legislation and the Rulings of the Constitutional Court," Academic Journal of Interdisciplinary Studies, Richtmann Publishing Ltd, vol. 12, July.
    • Handle: RePEc:bjz:ajisjr:2443
    DOI: https://doi.org/10.36941/ajis-2023-0110
    as

    Download full text from publisher

    File URL: https://www.richtmann.org/journal/index.php/ajis/article/view/13393
    Download Restriction: no
    File URL: https://www.richtmann.org/journal/index.php/ajis/article/view/13393/12978
    Download Restriction: no
    File URL: https://libkey.io/https://doi.org/10.36941/ajis-2023-0110?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bjz:ajisjr:2443. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Richtmann Publishing Ltd (email available below). General contact details of provider: https://www.richtmann.org/journal/index.php/ajis .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.