Relasi Hukum & Hak Asasi Manusia Serta Implementasinya Di Indonesia

The Relationship Between Law And Human Rights And Its Implementation In Indonesia

Abstract

Law functions to protect and guarantee human rights (HAM) as fundamental rights inherent in every individual since birth, while human rights provide moral and justice principles that must be accommodated within the legal system. In Indonesia, the legal foundation for human rights is enshrined in the 1945 Constitution of the Republic of Indonesia, particularly Articles 28A–28J, which are further regulated through legislation such as Law No. 39 of 1999 concerning Human Rights. This study examines the relationship between law and human rights as well as their implementation in Indonesia as a state governed by the rule of law based on Pancasila and the 1945 Constitution. The main research problems formulated in this study are: (1) What is the conceptual relationship between law and human rights within the Indonesian legal system? and (2) To what extent has the implementation of law in Indonesia ensured the protection and fulfillment of human rights for its citizens? This issue remains relevant given the persistent gap between the idealism of law that upholds human rights and the realities of its enforcement, particularly concerning past human rights violations and the weak accountability of law enforcement institutions. This research employs a normative juridical method, using both the conceptual approach and the statute approach. The data sources consist of primary legal materials, including the 1945 Constitution, Law No. 39 of 1999 on Human Rights, and Law No. 26 of 2000 on Human Rights Courts. Secondary legal materials include academic literature, legal journals, and official documents issued by national human rights institutions. The analysis is conducted qualitatively by interpreting legal norms related to human rights and assessing the effectiveness of their implementation within Indonesia’s constitutional practice. The research findings indicate that law and human rights have a reciprocal and mutually reinforcing relationship. Law serves as a formal instrument to ensure the respect and protection of human rights, while human rights constitute the moral foundation and ultimate purpose of the legal system itself. In Indonesia, the regulation of human rights has been integrated into the national legal system, both at the constitutional level and through statutory legislation. However, empirically, its implementation still faces serious challenges, including weak law enforcement, the politicization of the judiciary, and the suboptimal role of the state in fulfilling economic, social, and cultural rights. Therefore, it is necessary to strengthen the supremacy of law and foster a legal culture oriented toward humanity so that human rights principles can be genuinely realized in the life of the nation and the state.