Versita

The protection of human rights (ham) in the constitution of the republic of indonesia and the challenges in its enforcement

Dewi Asri Puanandini ,Andrie Sunaka ,Muhamad Iqbal ,Sony Ariyandi ,Muhammad Rido Fadillah
Keywords: human rights protection, state constitution, enforcement challenges ,

Abstract

Indonesia is a country that respects and protects human rights. Normatively, human rights in Indonesia are regulated in the 1945 Constitution, specifically in Articles 28A to 28J of the 1945 Constitution, as well as in Law Number 39 of 1999 on Human Rights. Institutions related to the enforcement of human rights have also been established, such as the Human Rights Court as regulated in Law Number 26 of 2000 on the Human Rights Court, and the National Commission on Human Rights (Komnas HAM), which was established based on Presidential Decree Number 50 of 1993. However, serious and grave human rights violations continue to occur in Indonesia. The law enforcement on human rights violations in Indonesia is deeply concerning and has not shown significant progress, as many cases of human rights violations in Indonesia remain unresolved. Despite ongoing efforts to enforce human rights in Indonesia, there are several obstacles that need to be overcome. The following are some common obstacles in the process of human rights enforcement in Indonesia: lack of awareness and understanding, legal and policy ambiguity, weaknesses in law enforcement institutions, conflicts and violence, restrictions on freedom of speech and organization, protection for whistleblowers and victims, and limited resources. The process of enforcing human rights in Indonesia faces complex challenges. However, there are several efforts that can be undertaken to overcome these obstacles. Some examples of such efforts include strengthening laws and regulations, enhancing the capacity of law enforcement institutions, raising public awareness, protecting human rights defenders, promoting transparency and accountability, international collaboration, advocacy, and campaigns.