Implementation of Legal Guarantees for Human Rights Protection in Indonesia

Abstract

Objective: Ratifying Human Rights conventions are expected to strengthen the guarantee of Human Rights protection in Indonesia. Human Rights and Act Number 26 of 2000 concerning Human Rights Courts, Indonesia has shown increased involvement in participating as a party to various international agreements in the field of Human Rights. However, the dynamics of human rights law in Indonesia have not progressed since the 1988 reform marked by various existing human rights violations. This research refers to this tendency which slowly erodes the democratic quality of fundamental freedoms. Initially based on the principle of "freedom from fear," human rights have changed to "fear of freedom." So there needs to be continuity between law and politics toward human rights. Methode: The research method used is a normative legal approach with qualitative analysis. The data obtained includes first-level legal, tributary, and third-level legal sources. Result: The implementation of human rights law protection in Indonesia after the formation of Law Number 39 of 1999 concerning Human Rights has experienced ups and downs, which cannot be separated from law enforcement caused by several factors. Human Rights require judicial independence and the rule of law. The problem of upholding human rights and the rule of law in Indonesia involves a degraded legal system and other systems that have significant influence, such as the political, economic, and social systems. Suggestions: It is necessary to reexamine the Government's legal and political policies regarding upholding Human Rights in Indonesia, with a focus on studying the legal and political aspects of Human Rights to Act Number 39 of 1999 concerning Human Rights.