Abstract
In line with the identity of "rechstaat" and "the rule of law", the law must recognize and guarantee human rights in order to establish a just order, because justice goes hand in hand with the structure of human rights. The realization of the Criminal Procedure Code which functions to protect human rights comprehensively, in line with the demands of the Convention Against Torture, is a basic requirement towards the era of rule of law. So, the purpose of this article is to analyze the quality of the implementation of law enforcement that is not in accordance with the principles of law regarding the behavior of good law enforcement officials. The method used is qualitative with a sociolegal approach. The conclusion of this article is that one of the authority of legislation is its success in adapting to international conventions recognized by the affected people. The Criminal Procedure Code as an integral part of the national law of the Indonesian state law must be in line with Law No. 5 of 1998 concerning the Ratification of the Convention Against Torture. For this reason, looking at the weaknesses of the Criminal Procedure Code, both substantively and in practice, renovating the Criminal Procedure Code is urgent. The lack of perfection of the legal substance of the Criminal Procedure Code in providing human rights protection in a country that acts as a state of law is disastrous. In accordance with the rule of law, the law must recognize and guarantee human rights in order to establish a just order, because justice goes hand in hand with the structure of human rights.
Highlights
The ratification of the convention against torture by the Indonesian government into law is a commitment of adaptation to global trends and has an important meaning in the life of the nation and state in participating in creating world order, especially in increasing respect and upholding of human rights
In the language of the Convention Against Torture, the main principles are recommended to be regulated in national law
As the final conclusion of the discussion, it is necessary to introduce a basic assumption: one of the authority of the legislation is its success in adapting to international conventions recognized by the affected people
Summary
The ratification of the convention against torture by the Indonesian government into law is a commitment of adaptation to global trends and has an important meaning in the life of the nation and state in participating in creating world order, especially in increasing respect and upholding of human rights. Responding to the reality of the above with reference to the 21 years experience of the enactment of the Criminal Procedure Code, it is recognized that there are still many juridical technical problems and practices that still need improvement. For this reason, with the ratification of the Convention Against Torture ratified, the desire to conduct a review and amendment to the Criminal Procedure Code is an absolute necessity, as a consequence of our commitment to claim to be the rule of law
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