Analysis of the Constitution Court Verdict Number 46/PUU-XIV/2016 about Morality Criminal

Yuridika

View Publication Info
 
 
Field Value
 
Title Analysis of the Constitution Court Verdict Number 46/PUU-XIV/2016 about Morality Criminal
 
Creator Ansori, Ansori
Zain, Muhammad Fuad
 
Subject Penal Code; Judicial Review; Judicial Restraint; Judicial Activism.
 
Description Indonesian Family Loves Alliance sees that Penal Code in article 284, 285 and 295 related to adultery, rape and molestation (sacrilege or abuse) which is contrary to religious values and the morale of the Indonesian people deliver to sue the Constitutional Court through judicial review with results was rejected. Five judges with judicial restraint argue that the State must protect rights and freedoms, not vice versa, but four others with judicial activism argue that the State must protect the rights of citizens by referring to the living law with develops in society. With no expansion of the meaning of the article a quo then LGBT, adultery, rape and molestation cannot be convicted. This verdict has been troubling most of Indonesians who want a change in the legal system, considering the legislative process that began in 1963 until now did not come to fruition. So the People’s Consultative Assembly and the President as a positive legislator are required to immediately revise the laws and regulations in accordance with religious norms and common laws that develops in society to avoid the violence or vigilante action which actually harms the community itself.  
 
Publisher Universitas Airlangga
 
Contributor Muhammad Fuad Zain, Fakultas Syari'ah IAIN Purwokerto
 
Date 2019-05-01
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier http://e-journal.unair.ac.id/YDK/article/view/9820
10.20473/ydk.v34i2.9820
 
Source Yuridika; Vol 34, No 2 (2019): Volume 34 No 2 May 2019; 261-278
2528-3103
0215-840X
 
Language eng
 
Relation http://e-journal.unair.ac.id/YDK/article/view/9820/pdf_1
http://e-journal.unair.ac.id/YDK/article/downloadSuppFile/9820/1578
 
Rights Copyright (c) 2019 Yuridika
http://creativecommons.org/licenses/by-nc-sa/4.0
 

Contact Us

The PKP Index is an initiative of the Public Knowledge Project.

For PKP Publishing Services please use the PKP|PS contact form.

For support with PKP software we encourage users to consult our wiki for documentation and search our support forums.

For any other correspondence feel free to contact us using the PKP contact form.

Find Us

Twitter

Copyright © 2015-2018 Simon Fraser University Library