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The Influence of External Actors on Human Rights Incorporation in the 1949 Federal Constitution of Indonesia

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  • معلومة اضافية
    • بيانات النشر:
      The Registrar and Secretariat General of the Constitutional Court of the Republic of Indonesia
    • الموضوع:
      2023
    • Collection:
      Directory of Open Access Journals: DOAJ Articles
    • نبذة مختصرة :
      This article discusses how the incorporation of human rights provisions in the 1949 Federal Constitution of Indonesia has been influenced by the political constellation marked by the involvement of the Netherlands and the United Nations (UN) as external actors. The study in this article is considered a socio-legal study in line with its interdisciplinary character, which could be specified as legal history research. The general conclusion drawn shows that the settlement of disputes regarding the issue of decolonization through the Round Table Conference has conditioned the incorporation of human rights into the 1949 Federal Constitution. It appears that from the clauses outlined in the Linggarjati Agreement and the Statute of the Netherlands-Indonesia Union, the 1949 Federal Constitution mutatis mutandis was conditioned to adopt constitutional guarantees of human rights. In addition, the involvement of the UN indirectly makes the incorporation of human rights possible, as the UN was established with one of its main objectives to promote respect for human rights.
    • ISSN:
      1829-7706
      2548-1657
    • Relation:
      https://jurnalkonstitusi.mkri.id/index.php/jk/article/view/2300; https://doaj.org/toc/1829-7706; https://doaj.org/toc/2548-1657; https://doaj.org/article/151eb30358c947d2bc04eeff2f3f1942
    • الرقم المعرف:
      10.31078/jk2045
    • الرقم المعرف:
      edsbas.A8F4ED2B