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Tanto Lailam - The role of the Constitutional Court in the protection of constitutional rights and arrangement of constitutional obligations (A comparison between the Mahkamah Konstitusi Republik Indonesia and the Bundesverfassungsgericht Germany)




The Constitutional Court has the functions as the guardian and sole interpreter of the constitution and the guardian of the process of democratization and the protector of the citizens' constitutional rights/ human rights. This research focuses on constitutional court decisions, some several controversial cases (decisions) will be analyzed, such as the life rights/ death penalty case, freedom of expression (blasphemy case), religion rights cases (prohibits interfaith marriage and the administration card problem of the belief of God community (aliran kepercayaan), economic rights related the privatization of electricity, the ban on water privatization, woman's rights (permits of polygamous marriage and woman's political position in Special Region of Yogyakarta especially about the appointment of Governor), and other. Also, the problems of type of court's decision such as the constitutional court to review its regulations, retroactive decisions, the open legal policy, the "key articles" in the law, conditionally constitutional, unconstitutional conditional, ultra petita, delay of implementation, the problem of the negative legislature, judicial inconsistencies and judicial corruption.

Some cases related to the arrangement of constitutional obligations, namely: (1) the Constitutional Court added/ amputated the own authorities; (2) the added of the House of Regional Representatives authorities and to remove of House of Representatives authority in selected Supreme Court Justices, and other cases. On the other hand, the research focuses on the constitutional complaint and constitutional to strengthen citizens' constitutional rights in Indonesia.