Enforcement Of Human Rights Research Articles

Human Rights Enforcement in Indonesia towards the Implementation of Pancasila Values

The study aims to determine the extent of the Indonesian Government's efforts to provide protection of Human Rights (HAM) in order to remain firmly adhered to the values of Pancasila. This research method is normative juridical, with a statutory approach using data analysis techniques and processing the results of primary material collection and secondary material collection. Novelty of this research provides a more comprehensive view of efforts to restore and improve human rights enforcement in post-New Order Indonesia, especially in the face of human rights violations that remain unresolved, such as the Tanjung Priok, Aceh, Semanggi, East Timor and Papua cases. This study also offers a solution based on Pancasila values as the basis for making legal policies, which have not been thoroughly applied by the government in law enforcement practices in Indonesia. The study results show that human rights enforcement in Indonesia is still far from the true meaning of justice, because it is still influenced by the interests of the authorities, law enforcement officials, and so on. Included in the enforcement of human rights is also still very far away from the values of Pancasila. Conclusion of this paper is that all formulations and policies of the State must be guided by the values of Pancasila, especially in the enforcement of human rights in Indonesia, although many cases that occur in law enforcement do not reflect Pancasila as the identity of the nation.

DEVELOPMENT FAILURE IN LOW-INCOME COUNTRIES: THE COMPLEXITY OF MULTIDIMENSIONAL POVERTY IN MOZAMBIQUE

This research seeks to analyze how multidimensional poverty, rooted in multisectoral problems, contributes to development failure in Mozambique. This study elucidates that multidimensional poverty in Mozambique is entrenched in political and security crises, as well as the instability of community socio-economic conditions. These issues arise from historical, socio-economic, and political dynamics, alongside a crisis of democracy, corruption, and debt. The study examines these challenges through the lens of the Multidimensional Poverty Index (MPI) to accurately explain the poverty conditions in Mozambique. Employing qualitative analysis and a comprehensive literature review, this research facilitates an in-depth understanding of the relationship between development failure and multidimensional poverty in Mozambique. The findings reveal that prolonged poverty in Mozambique is influenced by a multitude of factors, including weak enforcement of human rights, corruption, conflict and security crisis, income inequality, inadequate public infrastructure, and other critical challenges. This research contributes to enriching literature about multidimensional poverty, highlighting the correlation between this kind of poverty in poor countries and their national development failures.

EFEKTIVITAS PENEGAKAN HAK ASASI MANUSIA DALAM HUKUM POSITIF INDONESIA

The enforcement of human rights is a fundamental aspect of a democratic state that upholds the principles of justice and the welfare of its citizens. In Indonesia, human rights are guaranteed by the 1945 Constitution and various laws and regulations, but their implementation in practice faces numerous challenges. The aim of this research is to analyze the implementation of human rights enforcement within Indonesia's positive law, focusing on the obstacles, challenges, and efforts made by the state and relevant institutions. The methodology used in this study is a qualitative approach with descriptive analysis that explores the applicable regulations, law enforcement mechanisms, and human rights violations occurring in Indonesia. This study finds that although Indonesia has various legal instruments to protect human rights, these instruments are hindered by several factors, including inconsistencies between laws and practices in this area, weak law enforcement, and the ongoing occurrence of human rights violations. It is clear that the enforcement of human rights continues to be obstructed by widespread discrimination and impunity within the legal system. The study concludes that to create a better environment for the enforcement of human rights in Indonesia, improvements are needed in the legal system, the enhancement of law enforcement agencies' capacities, and an increase in public awareness and participation.

New Paradigm in Legal Research: The Normative Object Approach in Criminal Case Investigation Process

The criminal case investigation process in the Indonesian National Police Force often uses verbal and physical violence, which is prohibited in the law. Suspects have rights as citizens who must legally be protected. This paper aims to find out: (1) the experience of approaching the normative object of the Criminal Procedural Code in the criminal case investigation process and (2) the new paradigm in legal research based on the experience of approaching the Criminal Procedural Code normative object in the criminal case investigation process. This paper used the literature study method, namely an inventory of data about legal texts. Results show that the criminal case investigation process in the police office is colored with acts of violence by investigators against those being investigated. The normative and ideal reality in the investigation process were a legal semiotic approach. An integrative legal concept is needed in the process of investigating criminal cases. The concept of integrative law includes three pillars, i.e., law enforcement, enforcement of human rights, and public access to justice. The reconstruction of the integrative model of interrogation was built by optimizing the domains of the investigators, organizations, and community. Received: 9 January 2025 / Accepted: 24 February 2025 / Published: 02 March 2025

Evaluation of the Implementation of Pancasila Values and Human Rights Enforcement in Indonesian Judicial System Through Constitutional Approach

This study evaluates the application of Pancasila values and the enforcement of human rights in Indonesia's judicial system through a constitutional approach. Using normative legal research methods, the approach taken includes analysis of legislation, conceptual studies, as well as case studies of a number of relevant Constitutional Court decisions. The results show that the values of Pancasila, particularly the second and fifth precepts, play a fundamental role as the philosophical basis in the application and interpretation of human rights principles in Indonesia. The Constitutional Court has a strategic role in safeguarding the constitution while ensuring the enforcement of human rights through progressive legal interpretation. However, despite these positive steps, challenges such as inconsistencies in lower court decisions and mismatches between the rule of law and the needs of society remain. This research recommends strengthening Pancasila-based legal education, harmonizing legal policies, and increasing the capacity of judges in integrating human rights with social justice principles holistically. The findings confirm that the judicial system, with a strong constitutional approach, can be an effective tool in realizing social justice in accordance with the values of Pancasila and the constitution.

Marital Rape Regulation Issue Perspective Abu Zahra

Regulation of Rape in marriage has reaped pros and cons in its implementation because it is considered contrary to religious values ​​that live in society. This paper aims to examine the regulation of rape in marriage in Indonesia and its suitability to the perspective of Abu Zahra's maslahah. The type of research is a literature review (library research) with a qualitative approach. The results of the study show 3 regulations that regulate rape in marriage in Indonesia, namely the PKDRT Law, the TPKS Law, and the Law on the Criminal Code. The 3 laws are relevant to Abu Zahra's maslahah based on 3 indicators, namely: a.) in terms of quality, the presence of this regulation is a form of darar prevention of a marriage that has the concept of mu'asyarah bi al-ma'ruf, b.) in terms of quantity, the benefits generated from this regulation will be felt by most people, especially victims of domestic violence and law enforcers, c.) from a certain period of time, the benefits of this regulation will provide long-term effects, for example as enforcement of human rights and increasing public security.

DEONTOLOGI VS. KONSEKUENSIALISME : PANDANGAN FILOSOFIS DALAM PENEGAKAN HUKUM HAK ASASI MANUSIA

Enforcement of Human Rights (HAM) law is an effort to ensure that the basic rights of every individual can be respected, protected, safeguarded and fulfilled by the state and society. The deontological and consequentialist approaches have provided different views on upholding human rights. Deontology emphasizes moral obligations, namely that every action must be based on correct principles without prioritizing the consequences. This approach is sometimes less flexible in dealing with complex circumstances or cases and requires contextual adjustments. Meanwhile, consequentialism emphasizes the results and impacts of an action, where an action can be judged as good or bad based on the consequences of the action on the welfare of society, but risks sacrificing basic human rights principles for the sake of short-term results. This research aims to provide an analysis regarding how these two approaches are applied and the resulting impact on enforcing human rights law. That of these two approaches, neither approach is completely superior in enforcing human rights law. Both approaches have their respective advantages and disadvantages. Therefore, an approach that combines deontological principles with considerations of consequentialism is necessary to ensure and improve the just and prosperous enforcement of human rights law. Enforcement of human rights law ensures that the principles of justice, freedom and human dignity are upheld or respected in all aspects of life. The research method used in this research is normative research, namely a legal research method that focuses on analyzing legal norms and principles that develop in society.

Peranan Advokasi LSM Dalam Mendorong Penegakan Hukum dan HAM di Era Reformasi

Non-Governmental Organizations (NGOs) are entities operating independently of the government, focusing on community empowerment and the protection of human rights. During the reform era, advocacy NGOs emerged as key actors in promoting the rule of law and human rights, striving to foster societal participation as a step toward democracy. Despite their vital role, there remains a lack of understanding regarding regulations and the challenges of law and human rights enforcement. This article examines the regulatory framework underpinning the establishment of NGOs in the context of human rights, analyzes the driving and inhibiting factors, and evaluates the advocacy role of NGOs in upholding law and human rights alongside civil society in the reform era. Regulations related to the establishment of NGOs have evolved in line with societal needs. However, the dynamics of NGOs have not kept pace with the rapid demands of society. This study employs a normative-empirical legal research method, analyzing positive law and societal realities. Although advocacy NGOs hold significant potential in championing human rights and the legal foundations for their establishment exist, substantial challenges persist. Thus, regulatory improvements are necessary to provide stronger support and foster collaboration among the government, society, and advocacy NGOs in the enforcement of law and human rights.

Breaking the Cycle of Injustice: Revolutionizing Human Rights Violations Resolution Through the 1945 Constitution

The stagnation of human rights enforcement in Indonesia's Reformation Era has highlighted a critical imbalance: the current system prioritizes punishing perpetrators of serious human rights violations over addressing the recovery and well-being of victims. This research introduces The Constitution of Peace as a transformative, victim-centered model for resolving serious human rights violations outside the courtroom, aligning with the principles and soul of the 1945 Constitution. The proposed model comprises three innovative approaches: first, mediation facilitated by the National Human Rights Commission to foster dialogue and accountability; second, the provision of compensation, restitution, and assistance to victims through the Witness and Victim Protection Agency, ensuring tangible support for recovery; and third, an official apology by the relevant authority, accompanied by the fulfillment of economic, social, and culpability obligations. Together, these measures aim to correct the limitations of the current retributive framework by prioritizing restorative justice and victim empowerment. By embracing these victim-oriented solutions, this model not only addresses the legal and moral obligations enshrined in the 1945 Constitution but also fosters reconciliation and societal healing. The research underscores the transformative potential of the Constitution as a foundation for peace, justice, and the resolution of entrenched human rights challenges. It calls for a paradigm shift from punitive measures to a more holistic approach, ensuring that justice serves both the dignity of victims and the broader goal of national harmony.

STATE LIABILITY IN EFFORTS TO PROTECT PATIENTS' RIGHTS TO CHOOSE HEALTH CARE FACILITIES IN THE FORM OF VACCINES AS A FORM OF HUMAN RIGHTS ENFORCEMENT

Health is a fundamental aspect of human life, and the right to choose health care facilities, including vaccination, is crucial to the enforcement of human rights. In the digital age, the role of Artificial Intelligence (AI) in optimizing health services, particularly in vaccination distribution and monitoring, has become significant. AI systems can enhance transparency, accuracy, and accessibility in providing health care, but they also raise questions about accountability and ethical concerns. This study examines the state's responsibility in regulating the use of AI for the protection of patients' rights, focusing on AI's role in ensuring safe, licensed vaccines for children and equitable access to healthcare facilities. The study also analyses how AI could improve the state's efforts in fulfilling its human rights obligations by making healthcare more efficient and inclusive. A normative juridical method is employed, using a statutory and analytical approach, to explore the legal frameworks governing AI in health care and the state's responsibility. The findings reveal gaps in current legal protections against the use of unlicensed vaccines, and the unequal access to AI-supported health services for vulnerable groups, such as children. While AI can help identify and distribute vaccines more effectively, the state has yet to fully implement regulations that guarantee fairness and safety in AI-driven health services. The integration of AI into healthcare poses both opportunities and challenges, and the state must strengthen its accountability mechanisms to ensure AI supports human rights, especially children's right to access safe and reliable vaccinations.

Pancasila sebagai Pilar dalam Sistem Hukum Anti Terorisme di Indonesia

Pancasila, as the foundation of the Indonesian state, plays an important role in the legal system, including in the context of anti-terrorism law. This study aims to explore how the principles of Pancasila function as pillars in the formation and implementation of anti-terrorism law in Indonesia. The research method used is a qualitative approach with a literature review as the main method, which includes analysis of academic literature, legal documents, and interviews with legal experts. The results of the study indicate that the principles of Pancasila Belief in One Almighty God, Just and Civilized Humanity, Unity of Indonesia, Democracy Guided by the Wisdom of Deliberation and Representation, and Social Justice for All Indonesian People provide a moral and ideological framework underlying the creation and implementation of anti-terrorism law in Indonesia. Pancasila ensures that counter-terrorism efforts remain in accordance with the values ​​of humanity, social justice, and national unity. However, challenges such as potential human rights violations and abuse of authority need to be addressed to ensure that anti-terrorism law remains in line with the principles of Pancasila. This study recommends strengthening the enforcement of human rights, inclusiveness in policy making, and periodic evaluation and revision of anti-terrorism policies to improve their effectiveness and conformity to the country's core values.

The Evolution Of Constitutional Theory: A Historical Study And Its Relevance In Indonesia

This article discusses the challenges and opportunities in adapting constitutional theory in the context of Indonesia's law and government. It was found that the main challenges include widespread corruption, political instability, plurality and multiculturalism, inconsistencies between national and local laws, and suboptimal enforcement of human rights. On the other hand, there are significant opportunities to overcome these challenges, such as through constitutional reform, the important role of the Constitutional Court, increasing legal education and awareness, the use of information technology for transparency, and international cooperation. This article emphasizes the importance of taking advantage of these opportunities and addressing existing challenges to develop a stronger, fairer, and more democratic constitutional system in Indonesia. Thus, the adaptation of constitutional theory can run more effectively and in accordance with the needs and aspirations of the people of Indonesia.

The Incorporation of Human Rights Concerns into Investment Treaty Arbitration through the Application of Public International Law

This Article explores the complex interplay between public international law and human rights within the context of investment treaty arbitration. As globalization accelerates and international investments proliferate, the integration of human rights considerations into arbitration processes becomes imperative to ensure fair and equitable outcomes. This research critically examines how public international law can bridge the historical gap where economic interests often overshadow human rights, emphasizing the urgent need for a balanced approach. The study begins by outlining the evolution of international investment law, highlighting its traditional focus on protecting investors without sufficient regard for human rights impacts. This legal research analyzes various cases and legal frameworks to assess how existing mechanisms accommodate human rights considerations and where they fall short. The findings reveal a significant imbalance, with economic interests frequently taking precedence, leading to adverse human rights outcomes. The research proposes several reforms to address these deficiencies, including amending existing treaties to explicitly incorporate human rights obligations and developing new legal frameworks that harmonize investment protection with human rights enforcement. The proposed solutions aim to make arbitration processes more inclusive and transparent, allowing for a fairer adjudication of disputes considering broader implications for all stakeholders involved. This study underscores the critical role of public international law in reshaping investment treaty arbitration to foster a more just global investment landscape. By integrating human rights considerations more thoroughly, the law can ensure that international investments contribute positively to the welfare of all, promoting sustainable development and respect for human rights globally.

The Impact of Legal Policies on the Enforcement of Human Rights in Indonesia

The Impact of Legal Policies on the Enforcement of Human Rights in Indonesia

Chicago Police Torture and the Limits of Human Rights Enforcement in Liberal Democracies

From 1972 to 1991, a network of Chicago Police detectives used torture to force confessions from over 100 criminal suspects. Almost all were Black men, and many were wrongly convicted, some for capital offenses. I synthesize insights from comparative research on human rights, state abuse, and police violence in democracies to explain why, for nearly two decades, liberal institutions in Chicago failed to stop the torture. I argue that the nature of state violence in this case—targeting marginalized individuals uninvolved in political activity—intensified the practical, affective, and informational obstacles that are inherent to activating liberal institutions—courts, elected officials, media, and civil society—to fulfill their roles as rights enforcers. Applying these literatures to a type of case they typically overlook—a wealthy liberal democracy—contributes to understanding why state violence persists in such states and why it tends to concentrate on marginalized populations.

The Role of Judicial Activism in the Enforcement of Human Rights in Pakistan and its Impacts on Governance in Pakistan

This study examines how judicial activism impacts governance in Pakistan after the lawyer's movement with a focus on its effect on human rights, the rule of law, and accountability. The study uses mixed techniques to examine Supreme Court decisions and interventions that demonstrate the judiciary's role in protecting civil liberties and checking executive powers. Apex Court's activism on extrajudicial killings forced disappearances, and gender discrimination has advanced human rights, according to the findings. The research also shows how the judiciary has strengthened the rule of law by upholding and enforcing legal principles fairly, boosting public faith in legal institutions. The research also notes that alleged judicial overreach has caused problems between the legislative and executive branches due to the courts' wide interpretations of their authority. This detailed analysis highlights the delicate balance between judicial interventions and democratic government.

Pengaruh Kualitas Sumber Daya Manusia Terhadap Peningkatan Pelayanan Di Kelurahan Mustikasari Kota Bekasi

This study aims to lookat performance and governance in the implementation of servise activities to public, and also relationships with leaders and fellow employees. Improving the quality of servise, must always pay attention to the demands and dynamics of the people who are in an atmosphere must pay attention to the demandsand dynamic of people who are in an atmosphere of Europhoria reform, democracy, democratization, decentralization, regional autonomy and human rights enforcement, intended to anticipate the advancement of scienceand technology. Therefore, improving the quality of service is a continuous, on going effort and is carried out by all government officials in the City of Bekasi

The Governance of State Confiscated Goods & State Loot in the Storage House of State Confiscated Goods Class I Yogyakarta

The protection of property rights in Indonesia is regulated in the 1945 Constitution article 28H paragraph 4. Confiscated goods and state loot confiscated or taken over by the authorities in the investigation process must be stored in the State Confiscated Goods Storage House (RUPBASAN). However, the governance of confiscated goods and loot at the Class I RUPBASAN Yogyakarta faces various problems that require more attention. Problem Formulation from this study What are the problems in the management of confiscated goods and loot in the Class I RUPBASAN Yogyakarta and how the role of the RUPBASAN is in line with the current goals of the Correctional Service. The purpose of this study is to find out and analyze the problems in the governance of confiscated goods and loot in the Class I RUPBASAN Yogyakarta as well as to provide recommendations for improvement and analyze how the role of the RUPBASAN position is in line with the current Correctional Objectives. Methods This research uses a qualitative approach with a descriptive research design of analysis. Data was obtained through in-depth interviews, observations, and document analysis. The results of this study show that several main problems were found in the governance of confiscated goods and confiscated goods in the Class I RUPBASAN Yogyakarta, including limited infrastructure, lack of human resources, and overlapping regulations. The role and position of the RUPBASAN in the Indonesian correctional system shows that although the RUPBASAN is not explicitly regulated in the Indonesian Law No. 22 of 2022 concerning Corrections, the presence of the RUPBASAN still has an important role in supporting the enforcement of human rights and must still be maintained at the Directorate General of Corrections. Recommendations for improvement include increased warehouse capacity, staff training, and clearer and more detailed policy revisions.

Hak Asasi Manusia dalam Hukum Tata Negara: Antara Teori dan Praktik

This research aims to analyze the interaction between human rights and constitutional law in Indonesia, focusing on the discrepancies between theoretical frameworks and practical implementation. To achieve this objective, a qualitative approach was employed, utilizing a literature review and in-depth interviews with legal practitioners and human rights activists. Through this method, the study explores the views and experiences of informants regarding the challenges faced in the enforcement of human rights in the field. The findings indicate that although the Indonesian Constitution fundamentally regulates human rights, the enforcement of these rights often encounters various obstacles. Socio-political factors, such as instability and the attitudes of law enforcement officials, as well as inadequate legal mechanisms, pose significant barriers to the implementation of human rights protection. Additionally, institutional weaknesses within responsible agencies further exacerbate this situation. Therefore, the study concludes that there is an urgent need for reforms in both the legal framework and institutional practices to bridge the gap between theory and reality in the protection of human rights in Indonesia. Consequently, the findings of this research are expected to contribute to the development of policies and efforts for more effective human rights protection in the future.

Bantuan Hukum Bagi Masyarakat Pra Sejahtera Dalam Penegakan HAM

Legal aid for underprivileged communities is important to protect and enforce human rights. This effort aims to recognize and respect individual rights by providing free legal services by advocates to underprivileged clients. This study explores the role of legal aid in the enforcement of human rights and justice in Indonesia. Qualitative methods with a conceptual approach are used to analyze legal substance, relying on secondary and tertiary data. It is important to understand the challenges in access to justice, even though human rights protection and constitutional rights are already in place. The implementation of legal aid still faces challenges that require improvement so that fair and effective access can be fulfilled for all individuals, especially those in need. This research aims to strengthen the concept of legal aid to ensure better protection of human rights.