Global Review of Law and Human Rights

Hak Asasi Manusia & Demokrasi dalam Keadaan Darurat Negara

2025-10-29T15:40:16+07:00

Negara hukum yang ideal ’tidak hanya menjamin keteraturan, tetapi juga menjamin kebebasan individu dan partisipasi publik’. Menjamin kebebasan individu dan partisipasi publik melalui kerangka hukum yang kuat, seperti undang-undang yang melindungi hak berpendapat, berkumpul, dan akses informasi publik, serta memastikan proses demokrasi yang transparan dan adil. Partisipasi aktif masyarakat dalam pengawasan kebijakan dan pembangunan, didukung oleh kesadaran kritis dan kolaborasi dengan berbagai pemangku kepentingan, merupakan kunci untuk mewujudkan pemerintahan yang responsif dan inklusif. Arah reformasi hukum di Indonesia menuju terwujudnya negara hukum yang berdaulat, maju, dan berkelanjutan untuk Indonesia Emas 2045, berfokus pada penegakan supremasi hukum, keadilan, hak asasi manusia, dan demokrasi, serta peningkatan efisiensi, transparansi, dan akuntabilitas dalam sistem hukum. Relasi hukum, Hak Asasi Manusia (HAM), dan demokrasi bersifat dialektis karena ketiganya saling memengaruhi dan bergantung satu sama lain secara timbal balik. Hukum memberikan kerangka legal untuk melindungi HAM dan menjamin pelaksanaan demokrasi, sementara demokrasi memastikan hukum diterapkan secara adil dan menghormati hak-hak individu. HAM juga berfungsi sebagai pilar penting bagi demokrasi, karena nilai-nilai seperti keadilan, kesetaraan, dan partisipasi masyarakat yang diusung HAM memperkuat legitimasi dan keseimbangan kekuasaan dalam sistem demokrasi

Relasi Hukum & Hak Asasi Manusia Serta Implementasinya Di Indonesia

2025-10-17T16:23:37+07:00

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.

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

2025-10-29T14:39:04+07:00

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).

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

2025-10-29T14:38:29+07:00

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.

Teknologi dan Perlindungan Hak Asasi Manusia dalam Keadaan Darurat Di Indonesia

2025-10-29T11:29:29+07:00

The rapid development of digital technology has significantly influenced governance and the protection of human rights (HR), particularly during states of emergency such as pandemics, natural disasters, or national security crises. On one hand, technology contributes greatly to fulfilling the rights to health, access to information, and public services. On the other hand, its implementation often raises legal issues concerning privacy protection, freedom of expression, and potential misuse of personal data by the state or private entities. This situation creates a dilemma between maintaining public order and ensuring the state’s obligation to uphold human rights. This research addresses three main questions: (1) What is the role of technology in supporting human rights protection in Indonesia during states of emergency? (2) What legal challenges arise from the use of technology concerning human rights? and (3) What legal approach is ideal to balance emergency needs and human rights protection? This study employs a normative juridical method with statutory, conceptual, and comparative approaches. The data are collected through a literature review of primary legal sources, including the 1945 Constitution of the Republic of Indonesia, Law No. 39 of 1999 on Human Rights, Law No. 11 of 2008 on Electronic Information and Transactions (ITE), Law No. 27 of 2022 on Personal Data Protection (PDP), and international legal instruments such as the International Covenant on Civil and Political Rights (ICCPR).

Relasi Antara Hukum Internasional, Hukum Hak Asasi Manusia, Dan Demokrasi

2025-10-29T14:28:23+07:00

This study examines the relationship between international law, human rights law, and democracy within the framework of the global legal system. These three concepts are integrative and mutually reinforcing in creating a just, peaceful, and human-centered international order. International law provides the normative framework for democratic governance and the protection of human rights, while human rights law supplies the substantive values of justice, freedom, and equality that form the essence of democracy itself. The research employs a normative juridical method using statute, conceptual, and case approaches. The analysis focuses on key international legal instruments such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR), as well as their implementation within state practices. The findings reveal that the relationship between international law, human rights, and democracy is reciprocal: international law provides legitimacy for the enforcement of human rights and democracy, while the effective implementation of democracy that respects human rights reinforces the validity of international legal norms. Nevertheless, challenges remain, including resistance to international intervention, weak domestic implementation, and democratic backsliding in several countries. Therefore, strengthening global commitment to the rule of law, respect for human rights, and the consolidation of democratic values is essential to ensure that these three pillars function harmoniously in building a just and humane world order.