Anggraeni and Partners joined the 11th The Younger Comparativists Committee (YCC) of the American Society of Comparative Law (ASCL) held in Boston, Massachusetts, at Northeastern University
On October 7-8, 2022, Anggraeni and Partners is proud to join The Younger Comparativists Committee (YCC) of the American Society of Comparative Law (ASCL) Eleventh Annual Conference held at Boston, Massachusetts, at Northeastern University.
The conference’s purpose was to highlight, develop, and promote the scholarship of younger comparative law scholars.
The conference was held in a hybrid format. This year, Fildza Nabila Avianti, a Research Associate of Anggraeni & Partners, after a thorough selection, was selected and invited to present her paper at the YCC ASCL 2022. Fildza wrote and presented her paper on Mixed Constitution: How The Shift in Sub-Constitutional Understanding in Indonesia Affects Democracy (Or The Lack Thereof).
This third paper is in the series of research on the theme of democratic backsliding in Indonesia that Fildza has written and presented.
Her first paper was presented at Symposium on Constitutionalism and Public Law: Global South Perspectives hosted by UNEJ in 2021 and the second was presented at the International Indonesia Forum 2022, hosted by Yale University last September.
In her third paper, Fildza focuses in interrogating the nexus between the Indonesian Constitution, which has been widely regarded as liberal and the illiberal practices of democracy in Indonesia.
Adam Shinar, a law professor and a constitutional law scholar, theorized that a constitution could be a mixed constitution, not only when the content of the constitution itself is explicitly mixed with liberal and illiberal elements but also when the sub-constitutional understanding is mixed or shifted.
A shift in sub-constitutional understanding is defined as constitutional norms and development, such as practices influenced by constitutional change, ordinary legislations, executive actions, et cetera, that are inconsistent with the constitution.
In her paper, Fildza demonstrated how abusive constitutionalism in Indonesia has been weakening constitutional gatekeepers, such as the courts, the media, and the regulatory bureaucracy. The more weakened these pillars of democracy, the more the gap between the constitutional text and the realization of the text increased.
The Younger Comparativists Committee (YCC) is a committee of the American Society of Comparative Law (ASCL)—hence, YCC@ASCL. The American Society of Comparative Law is the leading organization promoting the study of comparative law.
It was founded in 1951 and has 100 institutional sponsor members, both in the United States and abroad, and a growing number of individual members.
It is structured as a global professional network of comparative lawyers. The annual YCC ASCL is an opportunity for young comparative law scholars to present their research and critically examine critical legal issues from a comparative perspective.
The YCC is an active part of ASCL’s events and activities but also hosts several independent workshops, conferences, and events with the support of the Society.
(AAH, FNA , SPU)
Fildza Nabila Avianti can be contacted through: [email protected]