The Clear Pathway of the Constitutional Court's Decision on Adherents of Belief In Indonesia

The protection of human rights is essential in a democratic society. This paper examines the historical context of regulating presidential impeachment in relation to human rights violations by exploring the legal framework governing such actions, particularly focusing on the President's response to the Constitutional Court's decision. For instance, the Constitutional Court's Decision Number 91/PUU-XVIII/2020 declared the Job Creation Act conditionally unconstitutional and prohibited the issuance of any implementing regulations based on it. Nevertheless, the President went ahead and issued Presidential Regulation Number 113 of 2021, which constitutes a violation of the Universal Declaration of Human Rights (UDHR) and the 1945 Constitution. This study used normative legal research, with statutory and comparative approaches, and interpreted legal materials through constitutional and historical lenses. The findings indicate that Indonesia, having similar experiences of the United States, South Korea, and the Philippines, lacks comprehensive regulations for impeaching the President based on human rights violations. Additionally, there is a gap in the regulations concerning the President's defiance of the Constitutional Court's decisions. Therefore, this paper proposes that the definition of violations related to impeachment be limited to the President's oaths as stated in Article 9(1) of the 1945 Constitution. If the President fails to comply with the Constitutional Court's decision, they should be held accountable through the impeachment process. Finally, it is necessary to amend Article 10(3)(d) of the Constitutional Court Act to include specific qualifications for presidential misconduct.

This research emerged from ideas and ideas that started from our concern and empathy with children out of wedlock who all their lives carry a heavy psychological burden, namely stigmatization as adulterous children, illegitimate children and do not get legal protection at all for their rights as a human child. . This study aims to analyze the dynamics of legal protection for children out of wedlock. We use a normative juridical research method, with a statute approach, regarding the problems we present. The results of our research show that, during the period of 76 years of Indonesia's independence, the State (Government)'s concern for children out of wedlock is very less. It is proven by various laws and regulations that absolutely do not provide certainty, justice and legal benefits for children out of wedlock as the rights of a human child. This practice is not in accordance with the principle of a rule of law based on Pancasila and the principle of equality before the law. But then a legal breakthrough emerged which in our opinion is very advanced and phenomenal (extraordinary), namely, the decision of the Constitutional Court (MK) No. 46/PUU-VIII/2010 which gives status, position and rights as legitimate children to children out of wedlock. This legal breakthrough should be appreciated as a spectacular step to make the law a social engineering tool to break down misconceptions about children out of wedlock. however, it is ironic when the things that are missed by children born out of wedlock are rejected by some groups (conservative groups) who oppose the Constitutional Court's decision. So that until now it is still a polemic in society that has not been resolved. Therefore, through a normative juridical analysis, our research tries to provide a solution that the Constitutional Court's decision is very appropriate because it is in accordance with the values ​​of human rights, Pancasila and the principle of Equality before the Law from the State of Law which must provide certainty, justice and justice. benefits of law to every citizen without indiscriminate or discrimination. Conservatives worry that the Constitutional Court's decision can be a way to legitimize adultery, is a worry that is too naive and shallow. In fact, the Constitutional Court's decision can have a domino effect for children out of wedlock, adulterers, and the community. It is time for the dynamics of the law to develop so, where the law is expected to be a tool of social engineering that will change the paradigm and treatment of society towards children out of wedlock. Keywords: Dynamics, Legal Protection, Children Out of Wedlock

This research emerged from ideas and ideas that started from our concern and empathy with children out of wedlock who all their lives carry a heavy psychological burden, namely stigmatization as adulterous children, illegitimate children and do not get legal protection at all for their rights as a human child. . This study aims to analyze the dynamics of legal protection for children out of wedlock. We use a normative juridical research method, with a statute approach, regarding the problems we present. The results of our research show that, during the period of 76 years of Indonesia's independence, the State (Government)'s concern for children out of wedlock is very less. It is proven by various laws and regulations that absolutely do not provide certainty, justice and legal benefits for children out of wedlock as the rights of a human child. This practice is not in accordance with the principle of a rule of law based on Pancasila and the principle of equality before the law. But then a legal breakthrough emerged which in our opinion is very advanced and phenomenal (extraordinary), namely, the decision of the Constitutional Court (MK) No. 46/PUU-VIII/2010 which gives status, position and rights as legitimate children to children out of wedlock. This legal breakthrough should be appreciated as a spectacular step to make the law a social engineering tool to break down misconceptions about children out of wedlock. however, it is ironic when the things that are missed by children born out of wedlock are rejected by some groups (conservative groups) who oppose the Constitutional Court's decision. So that until now it is still a polemic in society that has not been resolved. Therefore, through a normative juridical analysis, our research tries to provide a solution that the Constitutional Court's decision is very appropriate because it is in accordance with the values ​​of human rights, Pancasila and the principle of Equality before the Law from the State of Law which must provide certainty, justice and justice. benefits of law to every citizen without indiscriminate or discrimination. Conservatives worry that the Constitutional Court's decision can be a way to legitimize adultery, is a worry that is too naive and shallow. In fact, the Constitutional Court's decision can have a domino effect for children out of wedlock, adulterers, and the community. It is time for the dynamics of the law to develop so, where the law is expected to be a tool of social engineering that will change the paradigm and treatment of society towards children out of wedlock.
 Keywords: Dynamics, Legal Protection, Children Out of Wedlock

This research aims to explore the influence of the Constitutional Court (MK) decision on the President's authority in the formation of Government Regulations in Lieu of Laws (Perppu). In the Indonesian constitutional system, Perppu is a legal instrument used by the President to deal with emergencies that require immediate handling, but this authority often gives rise to debate regarding the limits and conditions for its issuance. MK decisions have a crucial role in interpreting and establishing constitutional parameters for the use of this authority, so this research highlights how MK decisions influence the practice of forming Perppu by the President. This research uses normative juridical methods with a conceptual approach and analysis of relevant Constitutional Court decisions, including case studies of decisions that confirm emergency criteria and procedures for issuing Perppu. The findings of this research reveal that the Constitutional Court's decision has strengthened the principle of checks and balances between the executive and legislative branches, by setting stricter limits regarding the conditions that justify the issuance of a Perppu. Apart from that, the Constitutional Court's decision also emphasized the importance of openness and public participation in the Perppu formation process, as an effort to maintain legal accountability and legitimacy in the midst of an emergency situation. Furthermore, this research shows that the Constitutional Court's decision not only limits the President's authority, but also provides clearer guidance regarding the implementation of the Perppu so that it is in line with constitutional values ??and human rights. In the long term, the Constitutional Court's decisions have the potential to encourage reform in the legal regulatory system, by improving the quality of emergency legislation and strengthening protection of democratic principles. Therefore, this research concludes that the Constitutional Court's decision has a significant impact in ensuring that the President's authority in forming Perppu is used proportionally, appropriately, and in accordance with applicable constitutional provisions. Keywords: Constitutional Court Decision, Presidential Authority, Perppu, Constitution, Democracy, Accountability.

The essay examines in detail the Constitutional Court's decision of 10 January 1998. The Government had addressed the Constitutional Court in pursuit of an answer to the question of whether it had to resign after the new President was elected. As it could not address the Constitutional Court with that issue directly, it questioned the constitutionality of the Seimas resolution (10 December 1996) approving the Government's program for a period allegedly extending long after the presidential elections.It is shown that the issue investigated by the Constitutional Court was not only a legal but also a political question. Political questions are brought before constitutional courts in all legal traditions. The Supreme Court of the United States has developed a thorough (however contradictory) political question doctrine. This doctrine allows avoiding delegitimation of the Court's decisions in the eyes of public opinion, the media, etc. In the countries belonging to the European tradition of constitutional review, political questions usually do not form a distinct limiting doctrine. Nevertheless, in many Central and Eastern European countries such doctrines are allowed by their constitutions, stating that (constitutional) courts decide only questions of law. In Lithuania, it is established by the Constitution and reiterated by the Law on the Constitutional Court. In 1993-1996, the Constitutional Court had developed rudiments of political question doctrine, however not as a distinct one but as several separate limiting doctrines (those of standing, statute of limitations, sources of law, gaps in law, etc.). The decision of 10 January 1998 marks the radical turn to the direction of the positive political question doctrine.The Constitutional Court stated that the Government's program was a legal document, and that it was approved for a period of four years. In the article, it is proved that the program is a political document (however having legal significance), and that the four years period is the longest period for which the Government may function, although the Constitution foresees many instances in which this period may be shorter (resignation, vote of non-confidence, etc.).It was interpreted that, after the presidential elections, the Government (cabinet) was bound by the Constitution not to resign but only to "return" its powers (authorization) to the new President who, in his turn, had no right to propose to the Parliament for approval a candidacy of the Prime Minister other than the previous one. Thus, "returning" of powers was considered a version of the French Third Republic's demission de courtoisie. Reliance on the doubtful legal transplants in constitutional interpretation is seen as one of the principal weaknesses of the Constitutional Court's interpretation of the Constitution. It is demonstrated in the essay that the Constitutional Court's decision is not considered legitimate (however lawful) neither by lawyers' professional corporation nor by public opinion, and the reasons for that are supported by thorough analysis of the dicta. Moreover, the analysis of subtle wording of the new President's decrees allows foreseeing the tendency of delegitimation of dicta in the political process.

The development of the relationship between constitutional law and human rights is fundamental in a rule of law state. Constitutional law is oriented towards regulating and simultaneously striving for the optimal protection of human rights. This research aims to examine the integration between constitutional law and human rights by conducting a comparative legal study between Indonesia and South Africa. This research is a normative legal study emphasizing historical, conceptual, legislative, and comparative legal approaches. The research findings indicate that the strengthening of human rights norms and the role of the Indonesian Constitutional Court have become crucial points, particularly the role and authority of the Indonesian Constitutional Court through its rulings aimed at protecting human rights. Similar developments also occurred in South Africa after the end of apartheid, with the establishment of the Constitutional Court and constitutional reforms as important steps in upholding the rule of law and human rights. The Constitutional Courts of Indonesia and South Africa both face issues such as weak implementation of rulings, political pressure, and slow legislative processes that accommodate the Constitutional Court's decisions. This research recommends that the integration of constitutional law and human rights should be optimized by strengthening the authority of the Constitutional Court, including the authority to ensure that Constitutional Court decisions are obeyed and implemented optimally to protect human rights.

Since the World War, international cooperation has been made to preserve the peace and interests of the human community, and representative results include the creation of international organizations and the establishment of international human rights treaties and norms(conventions). In particular, as the issue of human rights protection is recognized as a significant governmental matter, each country is striving to find a means to secure the legal effectiveness of international human rights norms within the country. However, given that the contents of international human rights norms are generally similar to the contents of the constitutional basic rights of the countries that accepted them, it has been discussed that it is necessary to incorporate international human rights norms into the Constitution and recognize the same effect as the Constitution (or constitutional basic rights). However, there is a counterargument that the constitutionalization of international human rights norms cannot be evaluated as desirable because it could undermine the foundation of the national legal system and people’s sovereignty. In addition, it may be questioned whether the constitutionalization of international human rights norms must be premised in securing the legal effectiveness of international human rights norms and their usefulness in constitutional adjudication. This article, focusing on the actual cases of the Constitutional Court of Korea, reviewed what legal and systematic status the Constitutional Court has recognized in international human rights norms and how they have been used in actual adjudication. According to this review, it seems the Constitutional Court sometimes directly used international human rights norms as constitutional norms(standard of review), but a close analysis of related decisions shows that the Court does not use international human rights norms as a direct criterion for constitutional adjudication and uses them as supplementary material for interpreting constitutional basic rights and principles. In particular, the Constitutional Court shows a pragmatical attitude of using it as a supplementary material for constitutional interpretation without judging the legal status of international human rights norms. The Constitutional Court's strategy of using international human rights norms as significant material for constitutional adjudication without shaking the legal system is a dynamic constitutional interpretation process that can localize the universal content of international human rights norms while maintaining the public autonomy of members of the legal community. Through this, international human rights norms will be able to secure a balance of universality and locality, legitimacy and effectiveness, abstraction and specificity, moral legitimacy and democratic-political legitimacy. However, the Constitutional Court is generally considered passive in using international human rights norms in constitutional interpretation, and, in reality, only a few international human rights norms are used, and furthermore, there is no in-depth argument for justification of use of international human rights norms in cases, so it is confirmed that international human rights norms are used superficially and decoratively. In order to improve this, it is necessary to consider preparing a system or practice that actively refers to and properly considers international human rights norms in constitutional adjudication. Above all, it is necessary to fully review related international human rights norms and discussions in the process of constitutional interpretation and establish a faithful method of argumentation of connection and integration that ultimately converts discussions of international human rights norms into constitutional discourse.

The paper analyzes the protection of freedoms and human rights before the Constitutional Court of theRepublic of North Macedonia. The constitutional framework of freedoms and rights whose protection is under thejurisdiction of the Constitutional Court of the Republic is contained in the provision of Article 110, line 3 of theConstitution. It is very narrow and covers the following human freedoms and rights: freedom of belief, conscience,thought and public expression of thought, political association and action and the prohibition of discriminationagainst citizens on the grounds of sex, race, religion, national, social and political affiliation. Such a narrowframework of freedoms and rights whose protection may be subject to proceedings before the Constitutional Court isnot in accordance with the provision of Article 50, paragraph 1 of the Constitution according to which “Everycitizen can invoke the protection of freedoms and rights established by the Constitution before the courts and beforethe Constitutional Court of the Republic of North Macedonia in a procedure based on the principles of priority andurgency.” This inconsistency creates confusion in the interpretation and application of the Constitution. Theconfusion has been somewhat removed by Article 51 of the Rules of Procedure of the Constitutional Court, whichaccepts the narrowed constitutional framework. But the Rules of Procedure are bylaws that must be fully based onthe constitutional provisions and derive from them.The second chapter of the paper analyzes the procedure for protection of human rights and freedoms before theConstitutional Court of the Republic. From the analysis of the work of the Constitutional Court in the procedures forprotection of human rights and freedoms, it can be concluded that the citizens do not have much trust in theConstitutional Court. In this regard, there are indications that the Constitutional Court views the work on these casesas a secondary, less important matter. Therefore, he does not pay due attention to them which is opposed to efforts toensure effective protection of human rights in a democratic world.Finally, the third chapter of the paper analyzes the need to introduce a constitutional complaint, ie a lawsuit in thelegal system of the Republic of Northern Macedonia. This chapter points out the division of the expert public in theRepublic regarding the need to introduce this legal remedy in the system of constitutional protection of human rightsand freedoms. A comparative review of this issue is then given by listing the countries in which this remedy hasbeen introduced. After the comparative review, the position of the author regarding the introduction of this legalremedy in the Macedonian legal system is presented. According to the author, the introduction of a constitutionalcomplaint or lawsuit will be a particularly major reform in the protection of human rights in the Republic of NorthMacedonia. Its introduction will significantly contribute to the improvement of the responsibility in the work and thequality of the decisions made by the judges in the regular courts and the officials in the state administration bodies.They, knowing that their decision may finally go to review in the Constitutional Court, will undoubtedly work moreresponsibly and with better quality in conducting proceedings and making decisions.

Constitutional Court Decision(MK) who is final and binding as stated in Article 24 C paragraph (1) of the 1945 Constitution of the Republic of Indonesia, and Saccording to the provisions of article 47,and explanation of article 10 paragraph (1), Law no. 24 year 2003. The final nature of this Constitutional Court decision includes binding legal force (final and binding).. It turns out, in amarConstitutional Court Decision No 57/PHP.BUP-XIX/2021 cause new legal problems or conflicts of norm because it does not yet have final and binding power in the North Halmahera election dispute, because the Constitutional Court's decision still opens the opportunity for new applications to be resubmitted in the Constitutional Court. MKNumber 14/PHP.BUP-XV/2017, and Decision Number 42/PHP.BUP-XV/2017, on amarthe decision is very clear, the decision has binding power after the decision so that the Constitutional Court can no longer re-hear the election results case after the PSU has been carried out, only the determination is carried out after the KPUD reports the PSU results.This study aims to analyze, first,Is the Constitutional Court's decision no longer final and binding in dealing with regional election disputes, especially the North Halmahera regional election dispute, second, how are the legal problems of the Constitutional Court's decision which is no longer final and binding?. This research is qualified into normative legal research, with an approach Legal approach (Statute Approach), Concept Approach and Case approach. The results of the study show, firstly, that the Constitutional Court's decision creates new legal problems in its decisions which are different from the previous decisions, Second, there is a need for Consistency of the Constitutional Court in deciding disputes that are final and binding so that it does not cause new problems in constitutional law

This research aims to explore the ratio decidendi in the Constitutional Court Decision Number 47/PUU-XXI/2023 and analyze the application of constitutional values contained in the decision. This research uses a normative method with statutory, conceptual, and case approaches. This approach aims to understand the legal basis on which the Constitutional Court's decision is based and its implications for the protection of constitutional rights. The results showed that the Constitutional Court rejected the petition for norm testing in Article 509 letter a of the latest Criminal Code. The rejection was based on the provision that the new Criminal Code will be enacted after three years since its enactment, so the petition was considered premature. In its decision, the Court emphasized the importance of the principle of legal certainty and the protection of advocates' rights from unconstitutional criminal threats. However, the petition could not be accepted due to the lack of concrete harm experienced by the petitioner. This finding underscores that the Constitutional Court continues to prioritize basic constitutional principles in its decision-making, even though the petition did not proceed to material examination. Thus, this research makes an important contribution in understanding how constitutional values are applied in the Constitutional Court's decisions, particularly in relation to the review of criminal law norms. The implications of this research are expected to be a reference in the development of the study of constitutional law and the protection of human rights in Indonesia.

The aim of this research is to examine the Constitutional Court decision Number 90/PUU-XXI/2023 on aspects of human rights. This research uses a juridical-normative approach by examining the legal aspects of Constitutional Court Decision No. 90/PUU-XXI/2023 through a literature review. The focus of research here is on aspects of human rights (HAM) and power holders. In this case, the Constitutional Court's decision received public attention regarding the age limit for presidential and vice presidential candidates, giving rise to pros and cons in society. This literature review highlights the controversy over Constitutional Court Decision Number 90/PUU-XXI/2023 and analyzes the authority of the Constitutional Court in the context of human rights and power holders. The discussion involved the principle of separation of powers and the role of the Constitutional Court as a judicial institution. Although the Constitutional Court's decisions reflect constitutional interpretation, their impact on political and social dynamics shows the complexity of the relationship between law and social life. The results of this research show A careful and comprehensive analysis of the Constitutional Court's decision Number 90/PUU-XXI/2023 shows the complexity of the relationship between law, political decisions, and social life, as well as the importance of a deep understanding of the legal and constitutional context in evaluating the consequences of certain legal decisions.

Issues relating to granting permanent legal force to decisions of the constitutional court immediately after they are pronounced in a plenary session open to the public are important to research for several reasons Firstly, it is very important for us to know the rationale for granting permanent legal force to decisions of the constitutional court given immediately after completion. pronounced in a public meeting open to the public. Second, understanding the permanent legal force of constitutional court decisions is also related to the question of why it is not possible to have legal efforts to correct constitutional court decisions if errors occur in terms of achieving legal certainty. Based on this, the question also arises as to whether the constitutional court's decision regarding this error will continue or not. Third, it is related to whether the legislator (positive legislator) can override the decision of the constitutional court. What is the rationale underlying the granting of permanent legal force to a Constitutional Court decision from the moment it is pronounced in a session open to the public? This research is normative legal research because there is a legal vacuum if the constitutional court's decision is contrary to the spirit of the 1945 Constitution. The importance of immediacy in granting permanent character to the constitutional court's decision, if viewed from the law in book aspect, is indeed the best choice. This is based on the following reasons. First, the Constitutional Court was formed to protect the purity of the Constitution with a more detailed interpretation. This interpretation will be used as a basis for resolving problems by certain authorities who are given direct authority by the Constitution. Therefore, it is appropriate that the interpretation is only carried out once, which is binding so that the decision must be placed at the first and final level where no effort can be made to cancel it. Second, apart from that, it must also be understood that the constitutional court as a constitutional court can resolve problems and provide legal certainty quickly by the principles of fast and simple justice.

In the recent period of Ukrainian history, scholars pay attention to the discussion of the relationship between Ukrainian constitutional law and the Convention for the Protection of Human Rights and Fundamental Freedoms and the place of rulings and decisions of the European Court of Human Rights in the legal system of Ukraine. The analysis of the provisions of the European Convention on Human Rights and current Ukrainian legislation is made in the article. It is made in order to determine the impact of this act of the Council of Europe on the constitutional law of Ukraine. It is noted that the Convention plays an important role in the process of protection of human rights and freedoms in Ukraine and has an impact on the implementation of the rule of law, which relate to individual’s constitutional status. It is noted that the European Convention significantly increases the level of the effectiveness of constitutional human rights legislation. The role of the European Convention for the Protection of Human Rights and the European Court of Human Rights in the formation and activity of the Constitutional Court of Ukraine has been determined. The thesis that within the ratio of the Convention and Ukrainian law, the supremacy of the latter within the national legal system does not eliminate the need to comply with international obligations is substantiated in the article. The grounds for restricting human and civil rights and freedoms in accordance with the requirements of the European Convention for the Protection of Human Rights and the constitutional legislation of Ukraine are considered in the article. In order to ensure national security, the restriction of human and civil rights and freedoms in a state of martial law and emergency is analyzed. By introducing martial law and a state of emergency, it is possible to concentrate temporarily all the levers of control over the individual’s status by coercive means within the framework of official power. The conclusion that the Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights have had a significant impact on the formation and development of human and civil rights and freedoms as basic, value priorities of the constitutional law of Ukraine is substantiated in the article. Key words: constitutional law, sources of law, Council of Europe, Constitution of Ukraine, Constitutional Court of Ukraine, Convention for the Protection of Human Rights and Fundamental Freedoms, European Court of Human Rights.

The article is devoted to the mechanism of protection of human and citizen rights. In the course of the study, it was established that the essence of the mechanism for the protec-tion of human and citizen rights is the mechanism of legal regulation and the mechanism for the realization of rights in this area. Its content is the interaction of these institutions. It has been found that the basis of the mechanism for the protection of human and citizen rights are normative acts that mediate the system of state and municipal authorities by determining their legal status, granting them appropriate competence, and outlining the procedural and procedural order for their implementation in order to achieve the goal of protecting human and citizen rights, as well as the possibility of citizens taking certain ac-tions to protect their rights. It has been established that the system of institutions designed to protect human and citizen rights is fixed in the constitutional provisions. However, this fact is not a safeguard against improper treatment by state law enforcement agencies, as evidenced by numerous decisions of the European Court of Human Rights. The protection of human and citizen rights under martial law and during war is ana-lyzed. The compliance of the first with the standards of world practice has been clarified. Problems related to specific protection during war were identified, in particular, the inef-fectiveness of international mechanisms for the protection of human rights in wartime, the discrediting of international political and legal norms and principles in this area. It is proposed to improve the national mechanism for the protection of human and citizen rights by means of legal monitoring of normative legal acts, which fix both the mech-anism of legal regulation of this area and the mechanism of its implementation, and there-fore the legal reform of national institutions called to protect human and citizen rights; strengthen the responsibility of authorized subjects for actions that go against the authority to protect human rights.

This article discusses issues regarding constitutional interpretation in general, and the interpretation of human rights provisions in the constitution in particular. The setting of the discussion is the role of the Constitutional Court of Indonesia in reviewing the constitutionality of laws based on Chapter XA of the 1945 Constitution. Constitutional interpretation is pivotal in deciding the constitutionality of laws. Therefore, this article aims to propose an interpretive principle to the Constitutional Court when interpreting human rights provisions in deciding the constitutionality of laws. The interpretive principle is the universality of rights. In other words, this article suggests the Constitutional Court adopt the universality of rights principle in interpreting Chapter XA of the 1945 Constitution. The principle of universality of rights departs from the understanding that human rights are natural rights. The interpretive principles that can be derived from the principle of universality of rights are as follows. First, recognition of unenumerated rights. Second, minimalization of the exercise of human rights limitation norms. Third, prioritization of protection of minorities. Fourth, encouraging the use of comparative approach in interpreting constitutional human rights norms. These interpretive principles are discovered through a comparative approach, in this case referring to judicial practices in other countries as well as regional and international judicial bodies that are considered relevant. The rationale behind this proposal is that human rights interpretation using the universality of rights principle can enhance the protection of human rights. Suppose judicial review of the constitutionality of laws is dedicated to enhancing human rights. In that case, constitutional interpretation should be dictated by the universality of rights principle as the interpretive principle.