In 2007, the Indonesian constitutional court refused judicial review submitted by 3 Asstralian citizens. Those people have been sentenced to the death penalty before the Indonesian district court on abuse of drugs. The Australian citizens considered that death penalty stipulated in Indonesian Law regarding narcotics law violated their constitutional right, namely the right to life. Therefore they asked the court to abolish the death penalty clause. Unfortunately the court refused their request for judicial review with the reason because as foreigners, they have no legal standing before the constitutional court, whereas the right access to justice is a non-derogable right This research analyses whether the refusal of the constitutional court violated international human rights law on access to justice. The research is doctrinal research that uses normative and comparative approaches. The result of the research showed that the refusal of judicial review by the constitutional court did not violate international human rights. All of constitutional rights are human rights. However not all human rights can be recognized as constitutional rights. As a sovereign state, Indonesia has the right to determine the human rights that can be categorized as constitutional rights for their own citizens. However Indonesia has an obligation to provide access to justice for foreigners for any kind of purposes.
Sefriani, Faculty of Law, Universitas Islam Indonesia (UII), Indonesia
Stream: Law 6. Law of Human Rights and Social Justice
This paper is part of the ECPEL2016 Conference Proceedings (View)
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