When Do Articles on Decentralization and Human Rights in Indonesian Constitutions Matters?

DOI

10.2991/978-2-38476-046-6_55How to use a DOI?

Keywords

Decentralization; Human Rights; The Indonesian Constitutions

Abstract

Decentralization and human rights are two principles that are often included in a constitution. Conceptually, decentralization provides better opportunity for local governments to develop their regions based on their best knowledge on the ground. The constitutionalization of Human rights is a balance mechanism against the government powers. Human rights require government responsibility to protect every individual. Further, decentralization and human rights are meant to be advancing democracy because both decentralization and human rights place individuals and smaller unit of government in advance. While advancing democracy through decentralization and human rights is the intention of the founding fathers, does this really happen in the real world? In the context of Indonesia, this is not always the case. What is written in the constitution is not automatically implemented. This paper argues the constitutional guarantee of decentralization and human rights does not guarantee proper implementation. Various factors may contribute in implementing constitutional provisions. These include how the text of the constitution is written and how the constitutional provisions are interpreted. Part I analyses the drafting of provision on decentralization and human rights in the constitution. Part II analyzes the text of the constitution particularly on decentralization and human rights. Part III focuses on how the legislature and the judiciary interpret the text of the constitution. Part IV concludes.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Andy Omara
AU  - Gunawan Tauda
PY  - 2023
DA  - 2023/05/02
TI  - When Do Articles on Decentralization and Human Rights in Indonesian Constitutions Matters?
BT  - Proceedings of the 3rd Universitas Lampung International Conference on Social Sciences (ULICoSS 2022)
PB  - Atlantis Press
SP  - 551
EP  - 557
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-046-6_55
DO  - 10.2991/978-2-38476-046-6_55
ID  - Omara2023
ER  -