Iriani, Sumini (2024) Kedudukan Hukum Warga Negara Asing dalam Melakukan Judicial Review Di Mahkamah Konstitusi Perspektif Hak Asasi Manusia dan Undang-undang Nomor 24 Tahun 2003. Masters thesis, Universitas Islam Riau.

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Abstract

Judicial review is a legal mechanism that provides an opportunity for individuals or groups to test the constitutionality of laws and regulations before the Constitutional Court. In the Indonesian context, this right is regulated in Law Number 24 of 2003 concerning the Constitutional Court. However, questions arise regarding the legal position of foreign citizens (WNA) in carrying out judicial reviews, especially from a human rights perspective. This thesis analyzes the position of foreign citizens in submitting judicial reviews based on the principle of universality of human rights and the limitations regulated in legislation Indonesia. This study found that although human rights are universal, the implementation of judicial review at the Constitutional Court is generally reserved for Indonesian citizens. This is due to the regulation of Article 51 paragraph (1) of Law Number 24 of 2003 which limits legal standing to only parties who have a direct, concrete and specific relationship with the regulations being reviewed. The objectives that the author wants to achieve in this research are a. To understand the legal position of foreign citizens in judicial review at the Constitutional Court from a Human Rights perspective. b. To analyze and understand the Legal Position of Foreign Citizens to Conduct Judicial Reviews at the Constitutional Court from Applicable Legal Perspectives. The research method that will be used is legal research. Convergent research methods or Convergent Research (Mixed Methods), which is an approach that integrates qualitative and quantitative research methods in one study to gain a more comprehensive understanding of a phenomenon. The aim is to combine the strengths of these two approaches so that the research results are richer and deeper. Research results show that human rights cannot be used as legal standing for foreigners in legal testing as long as there is no guarantee under article 51 (1) of the Constitutional Court Act regarding the rights of foreigners as applicants in legal testing. That not granting legal standing rights to foreigners in the application for legal testing does not mean that Indonesia is not pro-enforcement and protection of human rights, because Indonesia has ratified various conventions related to enforcement and protection of human rights. In line with the legal position or legal standing of the Constitutional Court's examination, the most sensitive discussion is the position of foreign nationals in the examination of the law. Because there have actually been many requests for legal shrimp testing by foreigners who have been rejected on the grounds that foreigners do not have legal standing in accordance with the Constitutional Court Law rules.

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