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The establishment of Constitutional Court in 2003 has given a new impetus to democracy in the constitutional system of Indonesia. After more than a decade of its existence there is a need to ascertain the role of the Court in the process of consolidating democracy and determine, if any, of its impact to the country and effect on democracy. The primary question is whether the Constitutional Court has managed to achieve expectation of the people and fulfil its democratic role in upholding the constitutional principles and institutionalizing democratic values in Indonesia? In trying to answer the question this article initially discusses the theoretical aspect and political background of the emergence and development of constitutional court globally, together with discussion on the meaning, significance and relevance of democracy, democratic consolidation, judicial review and election. The ensuing discussion is constitutional and political setting and backdrop relating to the emergence and establishment of the Constitutional Court in Indonesia. The article then proceeds to examine whether the Constitutional Court, through it powers and decisions relating to election matters, have influenced the agenda of strengthening democratic consolidation in the country. This study concludes that the emergence of the Constitutional Court as an organ for constitutional adjudication mechanism is the result of development of modern idea of democratic government which is based on the rule of law, doctrine of separation of powers, and the protection of fundamental rights of citizens. The findings in this article pointed to the conclusion that the Constitutional Court, through its powers and decisions, improves the quality of legislations and elections. The improvements have positive consequences to democracy because it strengthen democratic values, protects fundamental rights of citizen, and conducts checks and balances mechanism among state institutions.

Since the late 1980s, many changes and conflicts accompanied with the advent of multicultural era have acted as the driving forces to establish multicultural legislation and policies in Korea. Looking into the context of multicultural policy, marriage migrant women were located at the center of the so-called multicultural debate in Korea. The severity of their human rights violation and the instability of their families came into social problems, to cope with the immigration-related issues, Korean government starting to prepare systematic countermeasures, such as preparation of related legislation and establishment of basic policies. Korean multiculturalism is based on a sort of discriminatory-integration policy model characterized by separated policy targets and marriage migrant women are subject to a strong assimilation. The current laws concerning marriage migrants, such as Nationality Act, Framework Act on Treatment of Foreigners Residing in the Republic of Korea, Support for Multicultural Families Act etc. protect them legally on the basis of their status of Korean 'spouses' or 'mothers' of Korean children. Their legal position is so dependent on their status in Korean families. Marriage migrant women are considered as main beneficiaries of multicultural policies at first glance, still low status within the family and position of 'second-class citizens' in Korean society are preserved by the laws regulating them. Besides, contrary to the purpose of the legislation, discriminatory benefits given to multicultural families leads to adverse consequences for their social integration, by bringing controversies of reverse discrimination and privilege. Therefore, in order to correct the systematic bias which affects migrant women's lives, the deliberation of new multicultural discourse emphasizes human rights and citizenship of them should be made as a first step, on which maintenance of the legal system be founded.

Due to personal data leaks which have been repeated recently, citizens’ rights to information, generally the protection of ‘an individual’s right to an autonomous decision on personal information’ has become an important issue. Hereupon it is needed to review the normative meaning of citizens’ rights to information in the Constitution. Because, looking in some cases of personal information outflows in our society, the infringements on an information principal’s right to an autonomous decision have frequently been breaking out due to the lack of the understanding on citizens’ rights to information and it has been creating a disturbing situation, which is a cause for concern. Despite the fact that we shall recover the dignity of human beings and aim for a free and equal human society facing the huge wave of the 21st century called information technology civilization, imprudent personal information exposure could be connected to infringe on privacy and work as a way to damage human dignity. Therefore, it should be taken as a major issue which modern society should solve in favor of protection of citizens’ rights to information. In a personal data outflow context, the main problem of citizens’ rights to information is that the exposure of personal data has been conducted against the will of the principals of information. So there is no doubt that the guarantee and security of citizens’ rights to information should be ensured to the principals of information. However, the basis to control or regulate the personal data leaks shall be provided. So it seemss reasonable to discuss how it is based on the constitution since this is a problem which is related to the restriction and guarantee of fundamental rights. Thus this papert has focused on looking for the basis in its relation with the freedom of speech and expression, the right to pursue happiness, and the freedom of thought and conscience in the constitution and provide suggestions that a study on effective legislation to keep and develop proper functions of citizens’ rights to information is needed in conclusion.

The Constitution Article 23 (3) of the South Korea stipulates that “Expropriation, use or restriction of private property from public necessity and compensation therefore shall be governed by Act: Provided, that in such a case, just compensation shall be paid.” Our Constitution Article 23 (3) has been called the taking clause. Taking Clause of the United States that can be compared with Article 23 (3) of our constitution is the Fifth Amendment. The Fifth Amendment of the United States constitution stipulates that “No person …… nor shall private property be taken for public use, without just compensation.” When we compared with the Taking Clause of the two nations, we can see that the constitution of the South Korea is expressed in ‘public necessity’, while the constitution of the United States is expressed in ‘public use’. But the legal scholars of the South Korea interpret substantially meaning of the two terms as the same thing. Therefore, it can be said that the two nations have the same article clauses. The nation where have raised a lot of debate in the legal interpretation of taking clause seems to be the United States than to be South Korea. In particular, after Kelo decision, the political and legislative countermeasures in the United States are throwing us a lot of implications. Here, the points that we need to pay attention are legislative countermeasures against the eminent domain abuse. In order to solve problems of eminent domain abuse in the South Korea, there are two methods. One is to clearly specify in detail the concept of public use; another is to prohibit private operator from condemning individual’s property. In this aspect, it is desirable to amend the constitution or the statues that the taking agency can’t expropriate the private property merely for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken. If this is difficult, it is desirable to amend the constitution or the statues that can restricts entirely the taking of private business operator for redevelopment of delighted areas as well as the taking of private business operator for economic development. It is not desirable to be imposed some citizens, because the public burden of public expropriation is to be imposed some citizens, not to be imposed on some citizens.

The question is whether the act of using a company’s money to give bribes and to give bribes to persons administering another’s business in response to an illegal solicitation constitutes, aside from Giving Bribe or Giving Bribe by Breach of Trust, Occupational Embezzlement. Naturally if a person uses a company’s money for his or a third party’s gain, intent of unlawful gain can be acknowledged. However, when a person uses a company’s money for the company’s benefits, even if the act may be illegal, the question of whether intent of unlawful gain exists is a different matter. In conclusion, the intent of unlawful gain must be determined not by normative or procedural standards, but by whether or not the main purpose of the act, at the time, was for the defendant or third party’s gain, or for the victim’s gain.

According to Ministry of Justice data based on October 31, 2013, the number of sex offenders subject to registration as of October 2013 has increased up to 9,200 from 5,300 in 2012. Looking at the cumulative estimate of sex offenders subject to registration, it is 16,241 in 2015 and 21,865 in 2017, which has been calculated to increase exponentially. It is caused by the rapid increase of registered offenders due to the abolition of an offense subject to complaint for sexual violence crimes, which makes it possible to punish criminals without a victim’s complaint and because ‘disgraceful conduct in public area’, ‘acts of trespass in public place for sexual purpose’, ‘lewd acts using communication media’, and ‘photographing crime using camera, cell phone, etc.’ have been involved in the crimes which are subject to register the criminals’ personal information. However, it cannot help but having a lot of problems such as police personnel, equipment support, budget, etc. in putting more officials to keep pace with the geometrically increasing sexual offensive criminals. Therefore this study has pointed out the problems occurred in managing sex offenders subject to registration and suggested reform plans for those problems as follows: First, the copy of court ruling shall be delivered not only to the Minister of Justice but also to a district police station to prevent the possibility of recidivism by new sex offenders subject to registration. If the district police station makes contact with the new one right away after receiving the copy of court ruling, it could be effective as the psychological deterrent of recidivism. Second, it is necessary to establish penal provisions and legal obligation newly which can enforce the law in case of disobey of the face-to-face interview which is required once every six months for recidivism control. Third, upon releasing sex offenders subject to registration from correctional institutions and facilities for medical treatment and custody, the registration information shall be delivered to a head of district police station without delay. Fourth, it is regulated to keep and manage the current registration information for 20 years, but comparing to the number of sex offenders subject to registration which has been increasing geometrically, the police personnel is far from sufficient in nature. Therefore, except the cruel sex crimes against children and juveniles and violent or grave crimes, we shall apply the period of preservation and management flexibly to those who have committed minor crimes considering fairness with other crimes. Fifth, there is no legal basis for police to manage sex offenders subject to registration and it has been causing mutual conflict constantly among government branches. Therefore, it is urgent to establish or revise related laws which can surely provide legal basis to police tasks in managing sex offenders subject to registration. Lastly, a clear legal basis which can control foreigners and overseas Koreans subject to registration and the inter-working system among government branches on management methods shall be introduced. If these problems are improved, it could be useful in preventing sex crimes and controlling the recidivism of sex offenders subject to registration.