Suchergebnisse

The term "freedom of expression" is quite broad and holistic. It includes, within its ambit, not only the conventional freedom of speech and freedom of media, but also the freedom of thoughts, cultural expression, conscience, and intellectual inquiry. Freedom of expression ensures an individual's right to express his/her views openly within the domain of constitution, which also contains the right to be criticial of the prevailing injustices, illegal, anti-social activities, and incompetence and failure of ¬¬¬the government. All this is with a guarantee of safety and without any apprehension or fear of retaliation. Freedom of expression, in contemporary times, also embraces the right to be informed and seek information by the public, to express opinions, and advocate amendments, including changing the regime without resorting to violent means through peaceful measures available in the public domain, with reasonable restrictions. In the past decade and half, Turkish experience as a transitional democracy presents an interesting case study to explain as to how the state of freedom of expression is causally related to the failure of the EU-driven reform process undertaken by the ruling AKP (Turkish: Adaletve Kalkınma Partisi) since the year 2002, when the party won the Parliamentary elections in Turkey for the first time. The issue about the press freedom and freedom of expression in Turkey has for very long time, attracted a great amount of scholarly attention and provoked extensive debate both inside and outside Turkey. Although Turkey remains one of the rare democracy in the West Asia, a region with strong monarchic and semi-monarchic tradition of government, a series of development in the past years has raised several interrogations about the qualitative and quantitative aspects of democracy in Turkey under the AKP.

This research addresses the issue of the mutual influence between the administrative judge and the constitutional judge using a comparative analytical approach. In the beginning, the researcher discusses the role of the administrative judge in protecting the rights and freedoms of individuals by presenting the basic elements that prove the effective implementation of this control, such as proportionality and disciplinary decisions. The research also discusses the primary constitutional issue in France, or what some call the review of raising the issue of the unconstitutionality, to demonstrate the strengthening of the role of the judge and his involvement in reviewing the constitutionality of laws. Then the research discusses the role of the constitutional judge in protecting the rights and freedoms based on the achievements of the French constitutional judge, starting with his decision on freedom of association (1971), in which he enshrined the constitutional value of the preamble of the 1958 constitution. What gives the decisions of the Constitutional Council the utmost significance is their compulsory as they are imposed on the judiciary and administration automatically (the power of the case). Then the research addresses and analyzes the positive mutual impact between the constitutional judge and the administrative judge, so it first presents the confirmed influence of the administrative judge, as he turns into a miniature constitutional council through his role in reviewing the unconstitutionality. The researcher also presents the position of the jurist Bernard Stern, who believes that the administrative judge is the one who does not want to violate the authority of the Constitutional Council while he can enforce strong and violent control over the work of the Constitutional Council. Even though the issue of mutual influence between the administrative judge and the constitutional judge is fluctuating, the harmony and cooperation between them remain the master of the situation.

As a state of law as well as a democratic state, Indonesia guarantees and protects the right to freely express opinions and the right to organize in society. This in the end becomes the basis for every member of the community to be free to establish an Ormas. The freedom to establish these mass organizations in its development is not controlled due to the absence of real government control and supervision. This has resulted in many mass organizations being born into thugs and illegal organizations. This study aims to analyze the current system of supervision of mass organizations in Indonesia, the weaknesses in the current implementation of mass organizations, and the ideal reconstruction of a system of supervision of mass organizations capable of realizing a just law of mass organizations. The research in this dissertation uses the sociological juridical method. As for the results of the research conducted, it can be found that the current implementation of normative supervision has not been effective, as evidenced by the large number of problematic and prohibited mass organizations, weaknesses in the supervision of mass organizations in the community due to a legal vacuum in the regulation of supervision of mass organizations, so it is necessary to reconstruct values by conducting supervision and education. regarding the goals of mass organizations and the goals of the state and nation as well as legal reconstruction in the form of adding provisions for the supervision of mass organizations in the Law of the Republic of Indonesia Number 16 of 2017.