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International Law

: Indonesian Law Reporter (ILR)

Foreigners has no right of judicial review

By Mohamad Mova Al 'Afghani

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A colleague of mine explained eloquently in his blog that only Indonesians -- and not foreigners -- are entitled to request judicial review to the constitutional court. This does not mean that foreigners do not have legal rights. They are guaranteed with legal rights -- as well as constitutional rights, however they do not have the formal procedural previleges to request a review.

This brings me a question. Supposed foreigners are legally harmed by a provision of a law, then who would have the standing to challenge the law? Indonesians will not have such standing as they do not sustain legal injury (and not the "adressat" of the norm). This will leave the problem in a legal limbo. The laws would be left unchallenged.

Full post as published by Indonesian Law Reporter (ILR) on November 19, 2007 (boomark / email).

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