Reconciling Human Rights Protection in Volatile Conditions

DOI

10.2991/icss-18.2018.247How to use a DOI?

Keywords

Indonesia, Retrospective, The Constitutional Court, Human Rights, Masykur, Soares, Communism Party-PKI

Abstract

The 1945 Constitution of Indonesia has been amended to stipulate the protection of human rights. Yet, Indonesia still faces problems on its enforcement, existing legal system that has not provided satisfactory revealing poor enforcement of human rights, and laws related to human rights are overlapped creating legal uncertainties. Amid confused social-political changes, the Constitutional Court has found ways to resolve and improve disorders through applying inconsistencies within its decisions. Indeed, the Constitutional Court employed debates on perspectives of terrorism, gross violation of human rights, and the existence of Communism shadowed by the New Order power as considerations to decide conflicting cases amongst recent socio-political situations. Hence, the aspect of retrospectivity in constitution-based human rights justified flexibly to adjust with the needs of country’s human rights protection

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  - Irsyad Dhahri Samad
PY  - 2018/10
DA  - 2018/10
TI  - Reconciling Human Rights Protection in Volatile Conditions
BT  - Proceedings of the 1st International Conference on Social Sciences (ICSS 2018)
PB  - Atlantis Press
SP  - 1175
EP  - 1179
SN  - 2352-5398
UR  - https://doi.org/10.2991/icss-18.2018.247
DO  - 10.2991/icss-18.2018.247
ID  - Samad2018/10
ER  -