BALANCING RELIGIOUS TRADITIONS AND LEGAL NEUTRALITY: THE INDEPENDENCE OF INDONESIA'S CONSTITUTIONAL COURT

نویسندگان

چکیده

This article examines the independence of Indonesian Constitutional Court in relation to religious issues, particularly regarding freedom and marriage regulations. Utilizing a socio-legal approach, analyzes five judgments assesses whether accommodates aspirations majority while still maintaining neutrality. Results show that Court's legal decisions tend accommodate societal aspirations, but this does not necessarily indicate lack The asserts neutrality judiciary are crucial rule law state, must balance with its role as decision-making body. should be evaluated based on methodological consistency decisions. Overall, highlights importance judicial implications for Indonesia's other similar systems.

برای دانلود باید عضویت طلایی داشته باشید

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

منابع مشابه

The Employee's Right to Observe the Religious Worship Day: Position of the Portuguese Constitutional Court

The present article seeks to carry out along the lines of interpretation of the recent Portuguese Constitutional Court case law on the possibility of an employee to observe a worship day imposed by religious beliefs. In this approach to the question, considerations on the subject of the relationship between religious freedom and labour relations will inevitably arise. We intend to draw conclusi...

متن کامل

Indigenous Religious Traditions

Orthodoxy, and other so-called world religions that were complicit with colonialist expansion and its repression of the “other peoples” (indigenous), their rites and beliefs. For centuries, colonial societies have denied that indigenous peoples had “religions” at all; as the great photographer of Native North American cultures Edward S. Curtis stated, “There seems to be a broadly prevalent idea...

متن کامل

The Warren Court : Constitutional Decision

The appointment in 1953 of Earl Warren as Chief Justice of the United States marked the beginning of a new era in the development of constitutional law. In the ensuing years changes of vast dimension and historic impact have taken place. Few men are better qualified to assess the significance of the decisions of the Warren Court than Archibald Cox, student of law, teacher of law and, from 1961 ...

متن کامل

Towards an Epistemology of Religious Traditions"

The vast majority of human beings derive their religious convictions from participation in a tradition, into which they were either born or converted. An important, but largely neglected, topic, therefore, is when, if at all, such participation is warranted) Quite a lot hangs on the answer to this question. For, as I shall make explicit, if it is warranted to participate in one tradition rather...

متن کامل

ذخیره در منابع من


  با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید

ژورنال

عنوان ژورنال: Russian Law Journal

سال: 2023

ISSN: ['2309-8678', '2312-3605']

DOI: https://doi.org/10.52783/rlj.v11i5s.928