The Granting of Legal Standing to Foreign Nationals in Filing Judicial Review in Indonesia

DOI

10.2991/aebmr.k.200321.016How to use a DOI?

Keywords

foreign nationals, legal standing, judicial review

Abstract

Foreign nationals do not have the right to submit a judicial review in Indonesia. This is based on Article 51 paragraph (1) letter (a) of Law Number 24 Year 2003 concerning the Constitutional Court and Article 31 A paragraph (2) letter (a) of Law Number 3 Year 2009 concerning the Supreme Court which only recognizes individual Indonesian nationals. This raises the question: Why can’t foreign nationals in Indonesia file a judicial review? What is the legal standing of foreign nationals in filing a judicial review in Indonesia? This paper was made using the law library study method with a legislative study approach, case approach, concept approach and comparative approach. The limitation on filing the judicial review is based on the provisions in Article 28J paragraph (1) and (2) of the 1945 Constitution of the Republic of Indonesia, merely to guarantee recognition and respect for the rights and freedoms of others. Indeed in Article 28D of the 1945 Constitution of the Republic of Indonesia paragraph (1) it is stated whereas Everybody has the right to recognition, guarantees, protection, and legal certainty which is just and equal before the law. Howerver, how about the application for foreign nationals? So does, when compared with international practices regarding the practice of judicial review in other countries for foreign nationals. Results of the study show that the limitation of foreign nationals in filing judicial reviews in Indonesia is an effort to protect, maintaining morals, security and order of the Indonesian state from interference by foreign countries. Therefore, the mentioned limitation on foreign nationals is an effort to safeguard and protect the sovereignty of the Republic of Indonesia. However, if these human rights do not threaten Indonesia’s morals, order, security and sovereignty, therefore, these human rights must be fulfilled, protected, recognized and respected.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Efer Koritelu
AU  - R. Ismala Dewi
PY  - 2020
DA  - 2020/03/27
TI  - The Granting of Legal Standing to Foreign Nationals in Filing Judicial Review in Indonesia
BT  - Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)
PB  - Atlantis Press
SP  - 120
EP  - 130
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200321.016
DO  - 10.2991/aebmr.k.200321.016
ID  - Koritelu2020
ER  -