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6 - Human Dignity in the Jurisprudence of the Indonesian Constitutional Court
- By Nadirsyah Hosen
Edited by Jimmy Chia-Shin Hsu, Academia Sinica, Taipei, Taiwan
Book:

Human Dignity in Asia

Published online:

26 July 2022

Print publication:

15 September 2022, pp 139-159
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Summary

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.