Crime and Punishment in Indonesia by Tim Lindsey Helen Pausacker

Author:Tim Lindsey, Helen Pausacker [Tim Lindsey, Helen Pausacker]
Language: eng
Format: epub
ISBN: 9780429848155
Barnesnoble:
Goodreads: 54415717
Publisher: Routledge
Published: 2020-12-14T00:00:00+00:00

Butt and Lindsey (2018: 253) comment:

Despite the explicit language of Article 28I(1), it appears that these rights are subject to limitation under Article 28J(2) of the Constitution, just as are other constitutional rights. This is because a majority of the Constitutional Court has, relatively consistently, decided that Article 28I(1) should not be viewed or interpreted in isolation, but rather should be read alongside Article 28J(2). In this way, the Court has refused to accord any special status to Article 28I(1) rights, contrary to what appears to be the clear intent of the Constitution drafters, expressed in Article 28I(1) with the words ‘cannot be limited under any circumstances’.

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