Judicial Review of Criminal Code Articles on Adultery, Rape and Same-Sex Obscene in Indonesia Constitutional Court

DOI

10.2991/iclj-17.2018.35How to use a DOI?

Keywords

Judicial Review; Human Rights; Criminal Code;

Abstract

Through the case number 46 / PUU-XI / 2016, a number of Petitioners requested the Constitutional Court to expand the definition of adultery, rape and same-sex obscene in the Indonesia Criminal Code. In accordance with the Article 24C of the 1945 Constitution, the Constitutional Court is authorized to examine the law against the 1945 Constitution which is known as judicial review or constitutional review. The petitioners argue that the definitions of adultery, rape and same-sex obscene are no longer relevant to the problem in the society which resulting in various moral crises such as free sex and LGBT (Lesbian, Gay, Bisexual, and Transgender). On the other hand, this request is also opposed by some who claim that state intervention in private affairs is a violation of human rights. This discussion becomes interesting to be studied in relation to the role of the state in realizing a civil society in accordance with Pancasila and the 1945 Constitution. Using a juridical normative study, this paper will discuss debates and legal analysis through the point of view of human rights and constitutional law. At the end, this paper tries to examine the boundaries of freedom and the power of government to limit it in a plural society.

Copyright

© 2018, 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  - Qurrata Ayuni
PY  - 2017/11
DA  - 2017/11
TI  - Judicial Review of Criminal Code Articles on Adultery, Rape and Same-Sex Obscene in Indonesia Constitutional Court
BT  - Proceedings of 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017)
PB  - Atlantis Press
SP  - 169
EP  - 172
SN  - 2352-5398
UR  - https://doi.org/10.2991/iclj-17.2018.35
DO  - 10.2991/iclj-17.2018.35
ID  - Ayuni2017/11
ER  -