Relasi Antara Hukum, Hak Asasi Manusia (Ham), Dan Demokrasi Dalam Konteks Sistem Ketatanegaraan Indonesia

Abstract

This study examines in depth the relationship between law, human rights (HAM), and democracy within the context of the Indonesian constitutional system. These three concepts possess an integrative and mutually reinforcing relationship in forming the foundation of a just rule of law. The research highlights the importance of synergy between the supremacy of law, respect for human rights, and the implementation of democratic principles in maintaining the balance between state power and individual freedoms. In Indonesia’s post-1998 Reform era, there has emerged a renewed awareness of the need to strengthen the legal system so that it can uphold substantive justice while ensuring the protection of fundamental human rights within the framework of constitutional democracy. The main issues addressed in this study include: (1) What is the conceptual relationship between law, human rights, and democracy in the theory and practice of constitutional governance? (2) To what extent has the Indonesian legal system accommodated human rights and democratic principles in a balanced manner? and (3) What factors hinder the ideal application of the relationship among these three elements? These issues arise because tensions still exist between formal law and democratic values, which demand openness, participation, and respect for civil liberties. In this context, the law has often not yet functioned optimally as an instrument of control over state power and as a safeguard against human rights violations occurring in political and governmental processes. The research employs a normative juridical method, using the statute approach, conceptual approach, and case approach. Data were obtained through literature studies of statutory regulations, court decisions, and scholarly works relevant to the themes of law, human rights, and democracy. The analysis was conducted qualitatively by examining the conformity of existing legal norms with democratic and human rights principles as stipulated in the 1945 Constitution of the Republic of Indonesia and various international legal instruments ratified by Indonesia, such as the International Covenant on Civil and Political Rights (ICCPR).