LEGAL CONCEPTUALISM OF FOREIGN CITIZENS AS APPLICANTS FOR THE RIGHT TO MATERIAL EXAMINATION

Abstract

One of the powers possessed by the Supreme Court of the Republic of Indonesia is the right of judicial review. Applicants who can apply for the right of judicial review are only Indonesian citizens, indigenous peoples, and civil legal entities. This makes foreign nationals do not have the right to apply for judicial review rights. From this, the researcher raises two problem formulations, namely 1) how are the rights of foreign citizens in reviewing statutory regulations under the law against the law as the fulfillment of human rights in Indonesia; and 2) what is the conceptualism of the legal standing of foreign citizens as applicants in cases of judicial review rights in Indonesia. The results of the research found that granting rights to foreigners in making requests for judicial review to the Supreme Court included granting the right to freedom of expression and the right to a decent life in the country of residence which is a form of upholding human rights. The concept of granting legal standing to foreigners is given only to statutory regulations governing foreigners so that this can limit the right of foreigners to become applicants through amendments to the Supreme Court Law.