Today’s Legal Enlightenment (Friday, 09 September 2022) – EXPLANATION OF THE RIGHT TO PRIVACY IN THE LEGAL CONSIDERATION OF CONSTITUTIONAL COURT DECISION NO. 006/PUU-I/2003, DATED 30 MARCH 2004
Although the Constitutional Court (MK) rejected Article 12 paragraph 1 letter a of the KPK Law, in its legal consideration, MK explained that the right to privacy is not part of rights that cannot be reduced under any circumstances (non-derogable rights). Therefore, the state can impose restrictions on the implementation of these rights by using the law, as regulated in Article 28 J paragraph (2) of the 1945 Constitution, which states that in exercising their rights and freedoms, everyone is obliged to comply with the restrictions stipulated by law to ensure recognition and respect for the rights of freedom of others and to fulfill just demands in accordance with considerations of morals, religious values, security and public order in a democratic society.
Kind regards,
Fredrik J. Pinakunary