Abstract
The research focuses on the proportionality analysis of the competing socio-economic rights in the Indonesian Constitutional Court / Mahkamah Konstitusi Republik Indonesia (the MKRI). It is motivated by the unclear concept/model of proportionality analysis in Indonesia and its application by the court. The research method used was normative legal research with statutory and case approaches. The MKRI's general practices need to be more structured, unsystematized, and uncomprehensive to implement with four stages: legitimate aims, suitability, necessity, and balancing. It applies a model that refers to the legal objectives based on Pancasila and the 1945 Constitution. It declares the balance of fundamental rights and obligations of citizens based on the values of the godhead, humanity, unity, democracy, and social justice. Hence, some decisions used proportionality analysis, specifically in economic rights. Its implications create a balance of legal norms and integratively value legal certainty, justice, and legal expediency.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.