Abstract
The word “dignity” is mentioned three times in the Indonesian Constitution, in Article 28 G(1), Article 28 H(3), and Article 34(2). While “dignity” in Article 28 G(1) is mentioned in the context of civil and political rights, both Article 28 H(3) and Article 34(2) mention “dignity” in the context of the rights of social security. In this chapter, the Indonesian Constitutional Court’s decisions on human dignity will be critically analyzed to illustrate how the Court interprets the concept of “dignity” differently in those articles. Arguably, the Indonesian Court takes the position that human dignity under individual rights should be limited but that human dignity under socioeconomic and cultural rights should be promoted.
Original language | English |
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Title of host publication | Human Dignity in Asia |
Subtitle of host publication | Dialogue Between Law and Culture |
Editors | Jimmy Chia-Shin Hsu |
Place of Publication | Cambridge UK |
Publisher | Cambridge University Press |
Chapter | 6 |
Pages | 139-159 |
Number of pages | 21 |
Edition | 1st |
ISBN (Electronic) | 9781108886598 |
ISBN (Print) | 9781108835749 |
DOIs | |
Publication status | Published - 2022 |
Keywords
- Indonesia
- individual rights
- socioeconomic rights
- cultural rights
- Mahkamah Konstitusi