Upaya Hukum Terhadap Pelanggaran Hak-Hak Konstitusional Warga Negara Melalui Pengaduan Konstitusional (Constitutional Complaint)

Abstract

The main argument of this paper is that there is an urgent need in Indonesia to expand the Constitutional Court’s authority. The Constitutional Court should in the future be empowered to examine and decide constitutional complaints: a legal avenue for citizens to defend their constitutional rights in case of violations. The author shall discuss to what extent this legal institution can successfully be transplanted into the Indonesian legal and state system and what socio-political barriers can be expected to arise. A comparative law method shall be utilized.

Keywords

• constitutional rights
• constitutional complaints
• Constitutional Court.