The Dimension of Judicial Activism of Incorporating Constitutional Complaint: an Overview on Judicial Independence

The 1998-2003 National Human Rights Action Draft (RANHAM) was an initiative of the Indonesian government that was launched after a period of political reform in 1998. This RANHAM aims to strengthen the protection and promotion of human rights in post-New Order Indonesia. Some of the main points in the RANHAM include community empowerment, legal reform, eradication of torture, protection of women's and children's rights, and strengthening human rights protection institutions such as Komnas HAM. RANHAM 1998-2003 is part of a broader effort to change the human rights paradigm in Indonesia after the authoritarian era. However, its implementation has not always gone smoothly, and challenges remain in the advancement of human rights in post-Reformasi Indonesia. This paper aims to analyze how the realization of RANHAM 1998-2003 and as a projection in the implementation of RANHAM today to be in accordance with what has been conceptualized from the beginning about RANHAM. The research method used in this paper is a qualitative descriptive research method which is to explain thoroughly about the problem by describing it. The data used in this writing comes from official documents, government evaluation reports and reports of human rights institutions that are collected and analyzed to then be described. In fact, it can be concluded that the RANHAM aims to strengthen the protection and promotion of human rights in Indonesia after the New Order period.

The article discusses law enforcement regarding human rights in Indonesia which is based on law number 39 of 1999. The author chose this title because until now law enforcement, especially related to human rights in Indonesia, is still not optimal, mainly because until now Indonesia is still in a transition zone which is still colored by legal uncertainty. The main issues in this article are: how is the application of law to human rights violations, which institution tries human rights violators, what means of settlement are used in cases of human rights violations in Indonesia, and what are the principles of Islamic law regarding human rights. In conclusion, human rights (HAM) are the basic rights possessed by humans in accordance with their work. Where every individual has his desire so that his Human Rights can be fulfilled. The human rights (HAM) of each individual are limited by the human rights of others. In Islam , Islam first pays attention to human rights (HAM). The emergence of violations of Human Rights (HAM) values, is motivated by an egoism which is concerned with personal or national interests, resulting in underestimating the values of Human Rights or other nations, resulting in a form of oppression or slavery in another form. In a state, human rights (HAM) are regulated and protected by the laws of the Republic of Indonesia, in which every form of violation of human rights (HAM) whether committed by a person, group, or tried in the implementation of human rights (HAM) trials . The Human Rights Court (HAM) takes court proceedings through the Human Rights court procedural law, as contained in the Law on Human Rights (HAM) courts. The concept of Human Rights (HAM) can be seen from two sides, including the western and eastern views.

This qualitative research investigates public perceptions of the impact of technological challenges on human rights in Indonesia. Through in-depth interviews with 15 participants from various backgrounds, this research explores the perceived benefits and challenges of technology, attitudes towards government regulation, and trust in technology companies. The findings reveal a nuanced understanding of the intersection of technology and human rights, highlighting concerns about privacy, freedom of expression, and corporate accountability. While technology offers opportunities for empowerment and connectivity, it also carries risks such as data breaches, online censorship and the digital divide. This study underscores the importance of balancing innovation with the protection of fundamental rights and calls for transparent, accountable and ethically responsible practices in the digital realm.

This study aims to analyse the strategic role of the Constitutional Court (MK) in the enforcement of human rights (HAM) in Indonesia. Using a literature review method and a normative legal approach, this study positions the MK as a key actor in the constitutional mechanism for protecting human rights. The MK's authority to review laws against the 1945 Constitution of the Republic of Indonesia makes it an important instrument in upholding the principles of justice and equality before the law. Several MK rulings have demonstrated its commitment to human rights values, particularly through the invalidation of discriminatory legal norms and the strengthening of citizens' constitutional rights. However, the MK's vital role still faces challenges, especially in the implementation of rulings, which are often not optimally responded to by executive and legislative institutions. This indicates a gap between the judicial and political spheres in efforts to comprehensively enforce human rights. Thus, this study affirms that the Constitutional Court not only acts as the last bastion of human rights protection, but also as a driving force for national legal reform to be more responsive to human rights values and principles. Going forward, synergy between state institutions is key to strengthening the effectiveness of the Constitutional Court in guaranteeing respect for and protection of human rights in Indonesia

Since Pakistan’s independence in 1947, the Supreme Court has undergone significant constitutional transformations, shaped by numerous amendments aimed at realizing the true spirit of the Constitution and the will of the state. The Constitution of 1973 established core objectives of constitutional supremacy, separation of powers, judicial autonomy, and the protection of fundamental rights. Within this framework, the 26th Constitutional Amendment stands as a landmark reform with profound implications for the judiciary’s structure and role. This study critically analyzes the procedural, structural, and functional impacts of the amendment. Key changes include fixing the Chief Justice of Pakistan’s tenure at three years, restructuring the Judicial Commission of Pakistan and the Parliamentary Committee, and introducing controversial grounds for the removal of the Chief Justice. Proponents argue these reforms enhance transparency, democratize judicial governance, and limit the concentration of authority. Critics, however, contend that they erode judicial independence, politicize appointments, and dilute the principle of separation of powers. Employing doctrinal and comparative methodology, this research evaluates the amendment through the lenses of separation of powers, rule of law, and judicial independence, drawing parallels with similar reforms in Hungary and Poland. Findings suggest that while the amendment may increase parliamentary oversight and accountability, it simultaneously risks political manipulation and undermines judicial impartiality. Notably, curtailing the Supreme Court’s Suo-Motu powers under Article 184(3), once a vital tool to protect fundamental rights, further complicates the balance between judicial activism and legislative authority. The study concludes that reforms must be guided by principles of merit-based appointments, financial autonomy, and transparent removal mechanisms. Without such safeguards, the 26th Amendment threatens to reverse decades of progress in strengthening judicial independence. This research contributes to constitutional scholarship by underscoring the urgent need for reforms that reinforce, rather than compromise, Pakistan’s democratic governance and judicial credibility.

Pancasila, as Indonesia’s foundational ideology, plays a central role in guiding the nation’s democratic governance and shaping its human rights framework. Despite its normative strength and universal values, the implementation of Pancasila in protecting human rights remains challenged by selective interpretations, legal inconsistencies, and socio-political dynamics that often limit its transformative potential. This study employs a Systematic Literature Review (SLR) following the PRISMA 2020 guidelines, systematically analyzing peer-reviewed Scopus-indexed publications from 2014–2025. The methodology integrates qualitative thematic synthesis and bibliometric mapping using VOSviewer, combining network, overlay, and density visualizations to capture both substantive content and the intellectual structure of the literature. The review identifies four major thematic dimensions: (1) humanity and social justice as core ethical values of Pancasila; (2) legal framework and reforms that seek to harmonize national laws with constitutional and international human rights principles; (3) challenges and critiques highlighting issues such as weak law enforcement, political intervention, and ideological contestation; and (4) educational and societal impacts, particularly the role of civic education and community-based initiatives in fostering rights awareness. Findings highlight that while Pancasila provides a robust ethical and legal foundation for human rights protection, its practical impact remains constrained by structural weaknesses, limited civic engagement, and inconsistent judicial practices. Bibliometric mapping reveals a growing scholarly interest in the areas of legal modernization, democratic governance, and the integration of human rights education within both formal and informal learning systems. This suggests that contemporary discourse is increasingly oriented toward reform and institutional strengthening. The study concludes that a synergistic application of Pancasila principles, comprehensive legal reform, and active civic participation is crucial for advancing human rights in Indonesia. Strengthening judicial independence, promoting inclusive legal frameworks, and enhancing civic education are key strategies to align Indonesia’s human rights practices with both its national values and international standards. Ultimately, this review contributes to scholarly discourse and policy development by providing a comprehensive synthesis of the intersection between ideology, democracy, and human rights in contemporary Indonesia.

Development is a process in which a condition, situation, or entity experiences change or progress from one state to another that is better or more advanced. In a broader context, development can cover various fields, such as economic, technological, social, cultural and political. Development is often associated with positive progress or growth. Development can also refer to a more general process of change, including changes in people's thoughts, views, and values. Development refers to the physical, mental, emotional, and social growth that occurs throughout a person's life cycle. Violations are actions or behavior that violate established rules, laws, norms or codes of ethics. Violation often refers to actions that violate laws or regulations imposed by the government. This can include actions such as theft, violence, fraud, drug abuse, and so on. Violations of the law can impact individuals, groups, or society as a whole and can result in legal consequences, such as incarceration, fines, or other penalties. Violations reflect non-compliance or violation of established standards, and often result in negative impacts, both for the individual who violates and for other people or society as a whole. In Indonesia, there are regulations regarding Human Rights (HAM), which have been implemented in established laws and regulations. In Indonesia, Human Rights (HAM) can be regulated in various laws and regulations such as: 1956 Constitution, articles 18-34 concerning Human Rights (HAM). These articles can guarantee basic rights such as the right to life, freedom, justice, legal protection, religious freedom, and the right to get a job. Law Number 39 of 1999 concerning Human Rights (HAM). This law is a regulation that specifically regulates human rights in Indonesia. This law states the Indonesian government's commitment to Human Rights (HAM) and establishes the basic principles and mechanisms for protecting Human Rights (HAM). And also, Law Number 26 of 2000 concerning Human Rights Courts (HAM), which regulates law enforcement against human rights violations in Indonesia, including the establishment of a Human Rights Court as a special law enforcement institution that examines and adjudicates cases of violations. HAM. The development and violations of Human Rights (HAM) in Indonesia have a significant impact on society, the government and the country as a whole. The following is the impact, namely the protection and promotion of individual rights, where the development of Human Rights (HAM) has a positive impact by ensuring that individual basic rights are respected and promoted. This includes the right to freedom of opinion, freedom of religion, the right to legal protection, economic, social and cultural rights. This development strengthens democracy and the welfare of society as a whole

The purpose of this research is to find out cases of violations related to human rights in Papua and to find out the state's responsibility for violations of human rights in Paniai Regency, Papua Province. The formulation of the problem in this study is why the issue of human rights violations in Paniai District, Papua Province has occurred again and what is the role of the state in protecting human rights in Indonesia and what is the international view of the state's role in protecting human rights in Indonesia. The purpose of this study is to determine the role of the state in protecting human rights in Indonesia and to find out the legal view of the state's role in protecting human rights in Indonesia. The research method used in this study is a normative research method with primary data sources derived from library research. This research was conducted using a statutory approach in order to further study the legal basis by examining laws and regulations related to human rights violations that occurred in Paniai district, Papua. The findings in this study are that the role of the state in protecting human rights in Indonesia has been considered in such a way as can be seen from the many laws and regulations regarding human rights whose aim is to protect the rights of the humans themselves. However, the issue of resolving human rights cases must be carried out as fairly and transparently as possible in their settlement, considering the obligation of the state to carry out its role as a protector of human rights for all of its people, must be maximized and every right must be fulfilled. However, in practice discrimination against human rights is still widely encountered due to injustice that comes from the authorities themselves. Keyword : HAM, Paniai, Accountability and justice

The purpose of this research is to find out cases of violations related to human rights in Papua and to find out the state's responsibility for violations of human rights in Paniai Regency, Papua Province. The formulation of the problem in this study is why the issue of human rights violations in Paniai District, Papua Province, has occurred again and what is the role of the state in protecting human rights in Indonesia and what is the international view of the state's role in protecting human rights in Indonesia. The purpose of this study is to determine the role of the state in protecting human rights in Indonesia and to find out the legal view of the state's role in protecting human rights in Indonesia. The research method used in this study is a normative research method with primary data sources derived from library research. This research was conducted using a statutory approach in order to further study the legal basis by examining laws and regulations related to human rights violations that occurred in Paniai district, Papua. The findings in this study are that the role of the state in protecting human rights in Indonesia has been considered in such a way as can be seen from the many laws and regulations regarding human rights, whose aim is to protect the rights of the humans themselves. However, the issue of resolving human rights cases must be carried out as fairly and transparently as possible in their settlement, considering the obligation of the state to carry out its role as a protector of human rights for all of its people must be maximized, and every right must be fulfilled. However, in practice, discrimination against human rights is still widely encountered due to injustice from the authorities.

Protection of constitutional identity in light of the jurisprudence of the Constitutional Court of the Republic of Poland – a comparative study

Human rights are something that humans have and are inherent in a person from birth. Human rights are fundamental rights that cannot be taken away or revoked. Human rights must also be respected, maintained and guarded by the state, law, government and everyone for honor. The relationship between human rights and the state is very close and interconnected and cannot be separated because law functions to protect human rights, apart from that, all human behavior in a country is always based on law. The constitution itself is the highest law in Indonesia and is the basis for the protection and enforcement of human rights in Indonesia. The method used in this research is a normative legal research method. In this descriptive research, the type of data used is secondary data collected through literature study, which is analyzed qualitatively, using a statutory approach. In the law there is a regulation of rights, and in human rights the legal protection is written. So the relationship between the two is related to each other and complements each other. Therefore, efforts are needed to increase public understanding and awareness of human rights and strengthen the institutions that play a role in upholding law and human rights in Indonesia. Apart from that, efforts need to be made to adopt progressive policies in advancing human rights and ensuring their protection in accordance with the constitution. Thus, it is hoped that the constitution can become an effective instrument in guaranteeing and upholding human rights in Indonesia.

Discourse about human rights is a complicated issue that is often encountered in public spaces. The rise of human rights violations is the reason that humans can become a threat to each other. The historical context of the struggle for human rights enforcement in Indonesia, of course, can never be separated from the figure of Munir Said Talib. He dedicated his entire life to upholding human rights in Indonesia, even though it ended in tragic death due to poisoning. This article aims to comprehensively examine the traces of Munir Said Talib's struggle as an unlimited commitment to human rights justice in Indonesia. The methodology used in this paper is using library research methods. Based on the results of literature research and secondary data analysis, several important points were found: first, human rights are fundamental rights that every individual has, and are so integral to a person's existence that they cannot be revoked by themselves or others. Second, the discourse on human rights in Indonesia is still a crucial issue and remains relevant. Third, the discourse around human rights in Indonesia cannot be separated from the figure of human rights fighter Munir Said Thalib. Together with his colleagues and several institutions they formed, the traces of his struggle have become immortal and remain relevant. Even though he has died, his struggle remains.

This paper discusses how Albania's fundamental human rights are guaranteed by the Constitution and how the Constitutional Court's jurisprudence has contributed to this effort. It includes two aspects of their treatment: the constitutional background and some of the most important decisions made by the Constitutional Court concerning the protection of fundamental human rights. Its goal is to provide the reader with a brief overview of the Constitutional Court's role in this regard while also acting as a jurisprudential guide for the protection of fundamental rights. Although this topic has been covered by some legal experts in previous works, it is particularly relevant now that the Republic of Albania is celebrating the 25th anniversary of the adoption of its Constitution because it highlights the Constitutional Court's contribution even after the Law Reform of the year 2016 and the innovations it brought about. The methodology employed to produce this paper involves processing and analysing secondary data obtained through various means, both qualitatively and quantitatively. The primary focus is on the decisions made by the Constitutional Court between the end of 1998 and the present, viewed through the lens of human rights. The methodological part that is based on interviews or other primary data is not included in the study because of its nature and the time constraints. The article concludes that in order to prevent inconsistencies within the current jurisprudence and to provide more substantive rights for individuals, including those that will be expanded after 2016, it is necessary to add qualitative aspects to its consolidation and to expand it quantitatively.
 
 Received: 2 October 2023 / Accepted: 10 December 2023 / Published: 23 December 2023

Sexual Violence and Human Rights in Indonesia, is a crucial issue in Indonesia, taking away the human rights and dignity of victims. Stigma and lack of protection exacerbate the situation. This article examines the relationship between sexual violence and human rights in Indonesia, and explores solutions for building a future free from sexual violence. This research uses a sociolegal method (mix method) with statutory, conceptual, factual, sociological and comparative approaches. Primary data was obtained from field research in Bali, and secondary data from various sources. Sexual violence is a serious human rights violation, and states have an obligation to protect victims and enforce the law. Stigma and lack of access to recovery services hinder the fulfillment of victims' rights. The Universal Declaration of Human Rights (UDHR) and other human rights instruments affirm the right to security, freedom and dignity. Sexual violence violates these human rights principles. Collective efforts are needed to build an Indonesia free from sexual violence. These efforts include: Strengthening regulations and law enforcement. Increase public education and awareness. Building a support and recovery system for victims. Combat stigma and build positive narratives about victims. This research contributes to the understanding of the relationship between sexual violence and human rights in Indonesia, and offers solutions to build a better future for victims.

The amendment to the 1945 Constitution of the Republic of Indonesia has shown progress in respecting, protecting and fulfilling human rights in Indonesia. It is proven from the advanced provisions that have set the human rights material, starting from the affirmation of fundamental rights, individual rights, social rights, solidarity rights, and even the assertion of rights included in the category of not-derogable rights in the Second Amendment to the 1945 Constitution. The urgency of the Constitution 1945 as written constitution due to its status as the ultimate instrument to determine a norm (law), action or government policy, so it will not violate human rights and constitutional rights of the citizens. Thus, the Constitution is an important instrument in term of guaranty and ensuring that human rights within the Republic of Indonesia are protected, even though the source of human rights is not actually derived from the State but naturally originated from natural law, whether its universal validity is either affirmed or not in the Constitution. It shows progress in the level of regulation and protection of human rights in Indonesia.Related to the guarantee of the protection of human rights, one of the important material of the 1945 Constitution of the Republic of Indonesia is the presence of a new judicial institution called the Constitutional Court, in addition to the Supreme Court. The existence of the Constitutional Court in Indonesia is an improvement in maintaining and upholding the Constitution and protecting human rights. Hence, the Constitutional Court referred to as “the Protector of Human Rights.” Protection of human rights is carried out through the exercise of authority as defined in Article 24C Paragraph (1) of the 1945 Constitution which is to review an Act against the Constitution, to judge on authority disputes of state institutions whose authorities are granted by the Constitution, to judge on the dissolution of a political party, and to judge on disputes regarding the result of a general election. Also, Article 24C Paragraph (2) obliges the Constitutional Court to render a judgment on the petition of the People’s Representative Council regarding an alleged violation by the President and the Vice President according to the Constitution. Keywords: Human Rights, Constitutional Law, Amendment to the Constitution.