Fungsi Hukum Sebagai Instrumen Yang Menjamin Perlindungan Dan Pemenuhan Ham Di Indonesia

Abstract

Human Rights (HAM) are fundamental rights inherent in every human being since birth and cannot be revoked by anyone. In Indonesia, the 1945 Constitution of the Republic of Indonesia (UUD 1945) affirms the guarantee of human rights protection in various articles, particularly Articles 28A to 28J, which serve as the constitutional foundation. However, in practice, the protection and fulfillment of human rights often face various challenges, such as human rights violations committed by state apparatus, weak law enforcement, and low public awareness regarding the importance of fundamental rights. This condition underscores the essential function of law as a principal instrument to ensure the effective, fair, and sustainable protection and fulfillment of human rights. The research problems are formulated as follows: (1) How does the law function in ensuring the protection of human rights in Indonesia based on the 1945 Constitution and relevant legislation? (2) How does the law play a role in ensuring the fulfillment of human rights in civil, political, economic, social, and cultural fields? (3) What are the challenges in implementing the law as an instrument for the protection and fulfillment of human rights, and what normative solutions can be offered? The research methodology employed is normative juridical, which focuses on the study of positive legal norms, legal principles, legal doctrines, and international human rights instruments ratified by Indonesia. The approaches used include the statute approach and the conceptual approach, with qualitative analysis of primary and secondary legal materials. The research results indicate that Indonesian law provides a strong foundation for the protection of human rights through the Constitution, sectoral legislation, and the ratification of international instruments. However, its implementation remains hindered by the weakness of the rule of law, the low integrity of law enforcement officials, and the lack of effective oversight mechanisms. This study concludes that law serves as a fundamental instrument that not only regulates but also guarantees the protection and fulfillment of human rights. Nevertheless, its effectiveness greatly depends on the consistency of law enforcement, the commitment of the state, and the participation of society.