The Indonesian Constitutional Court Decisions as a Social Engineer in Improving People’s Welfare

Pan Mohamad Faiz, Oly Viana Agustine

2018

Abstract

One of the national goals of the establishment of the Indonesian state is to improve the people’s welfare. To support this achievement, the law comes to bring its functions as a social engineer. It means the law plays a role in influencing the occurrence of a social change in a planned manner to achieve prosperity. The Constitutional Court decision is one of the sources of law that is expected to improve people’s welfare. This article aims to analyze the Constitutional Court decisions that have significant implications for maintaining and improving the people’s welfare in Indonesia. The methodology used in this research is a normative juridical with library research and case study approaches on decisions declared by the Constitutional Court in the last five years (2013-2018). This study found that there are socio-economic rights of citizens that have been protected and restored by the Constitutional Court. These erga omnes decisions indirectly contributed to the improvement of the people’s welfare, in particular regarding the rights of a pension fund, a minimum wage and severance pay. This article concludes that an effort to maintain and improve the people’s welfare in Indonesia can also be enforced effectively through a social engineering based on the Constitutional Court decisions.

Paper Citation

in Harvard Style

Faiz P. and Agustine O. (2018). The Indonesian Constitutional Court Decisions as a Social Engineer in Improving People’s Welfare.In Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI, ISBN 978-989-758-458-9, pages 165-170. DOI: 10.5220/0009920401650170

in Bibtex Style

@conference{icri18,
author={Pan Mohamad Faiz and Oly Viana Agustine},
title={The Indonesian Constitutional Court Decisions as a Social Engineer in Improving People’s Welfare},
booktitle={Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI,},
year={2018},
pages={165-170},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0009920401650170},
isbn={978-989-758-458-9},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI,
TI - The Indonesian Constitutional Court Decisions as a Social Engineer in Improving People’s Welfare
SN - 978-989-758-458-9
AU - Faiz P.
AU - Agustine O.
PY - 2018
SP - 165
EP - 170
DO - 10.5220/0009920401650170