How Far Does The Indonesian Constitutional Court Decision on Societal Organization Law Strengthen Democracy?
- DOI
- 10.2991/assehr.k.211221.022How to use a DOI?
- Keywords
- freedom of association in Indonesia; constitutional court decision; democratization in Indonesia
- Abstract
Freedom of association and assembly is one of the fundamental human rights that should be protected in the democratization process. The guarantee of this right is based on the conceptual argument that there is an interrelation between law, human rights and democracy. Protecting freedom of association and assembly is both legal and constitutional responsibility. It also serves as an indicator of working democracy. This constitutional value is further supported by the Constitutional Court Decision 82/PUU-XI/2013 (about Societal Organization Law) which declares registration for societal organization (Ormas Law) is optional. This paper analyses the implications of the Constitutional Court Decision about Societal Organization Law using a conceptual and legislation approach. This paper concludes: 1) The guarantee of the rights of association and assembly in the Constitutional Court Decision about Societal Organization Law provides strict limits for the state so as not to violate the rights of association and assembly; 2) The implication of the decision of the Constitutional Court is that various regulations that contradict this decision have no binding legal force. However, to see the validity of the conflict, it is necessary to conduct a judicial review. This constitutional court decision is strengthen democratization process in Indonesia. Because it guarantees the right to association so that it will open a wider civic space.
- Copyright
- © 2021 The Authors. Published by Atlantis Press SARL.
- Open Access
- This is an open access article under the CC BY-NC license.
Cite this article
TY - CONF AU - Andy Omara AU - Kristina Viri PY - 2021 DA - 2021/12/21 TI - How Far Does The Indonesian Constitutional Court Decision on Societal Organization Law Strengthen Democracy? BT - Proceedings of the International Conference For Democracy and National Resilience (ICDNR 2021) PB - Atlantis Press SP - 118 EP - 121 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.211221.022 DO - 10.2991/assehr.k.211221.022 ID - Omara2021 ER -