Legal Standing Di Mk

Any person who considers that his or her constitutional rights have been violated by the adoption of a law may appeal to the Constitutional Court. However, it is not everyone, but only the parties who are declared legally competent, to appeal to the Constitutional Court. Those who have the legal position to file an application for statutory review with the Constitutional Court under the Law on the Constitutional Tribunal expressly referred to in Article 51(1)(a) of the Law on the Constitutional Tribunal are Indonesian citizens. Indonesia has ratified the ICCPR, which states that the right to life is a fundamental right that must not be violated by anyone under any circumstances. However, there are exceptions in the ICCPR for the application of the death penalty, namely: The death penalty can only be applied to the most serious crimes and, in accordance with the penalties in force at the time of the offence, there is a guarantee of fair investigation, there is no discrimination in the examination, it is not humane, It is decided by a general court and the right to apply for exemption is given. With the ratification of the International Covenant on Civil and Political Rights (ICCPR), the Indonesian State was given the obligation to protect everyone on its territory. In particular, in the area of equality before the law, it is governed by articles 16 and 26 of the International Covenant on Civil and Political Rights. The articles of Chapter XA of the 1945 Human Rights Constitution, almost all articles, begin with the words “Everyone has the right…” (with the exception of Article 281, paragraphs 3, 4 and 5, and Article 28J, paragraph 2), so that persons protected by their rights under the 1945 Constitution are all persons residing in the territory of the Republic of Indonesia, whether Indonesian citizens or foreign nationals. Non-discriminatory treatment is recognized in the 1945 Constitution in Article 281(2), which states that everyone is free from discriminatory treatment and has the right to protection against discriminatory treatment. With particular reference to the application in case No. 2-3/PUU-V/2007 concerning the review of the Narcotics Act, if the applicant is a foreigner, i.e. an Australian citizen, the applicant assumes that the applicant who is not an Indonesian citizen also has the same legal rights, as set out in article 26 of the 1945 Constitution, namely, “All persons are equal before the law and are entitled to equal protection without discrimination”.

The petitioners in a quo case were sentenced to death and objections to the imposition of the death penalty were found to be inappropriate, particularly in drug cases. With regard specifically to the review of the death penalty in drug cases, there is also no restriction in the ICCPR that certain drug cases cannot be punished by death. Drug cases are big cases and even bother the community, so in order not to cause more victims, there must be sanctions that can have a deterrent effect, if a person makes or plunges into the drug duni, then he will think twice.