Human Rights in Enforcing Restorative Justice in Indonesia as a Constitutional Law State

DOI

10.2991/assehr.k.211102.181How to use a DOI?

Keywords

Indonesia; corruption; human rights; interception

Abstract

The upholding of the constitution in a country basically depends on the commitment of every citizen to the rules of the state rule (rechtsstaat) that have been compiled and determined, as well as public awareness to comply with them. Theoretically, the existence of legal structures (legal institutions), and legal substance/legal material (statutory regulations), have been fulfilled and sufficient, but this does not necessarily guarantee that the law and constitution will be upright. The dimension of legal development or legal culture is something that cannot be separated if the law is expected to be the commander-in-chief in a country based on the principle of the rule of law (rechtsstaat). Legal awareness is not only related to awareness of the fulfillment of rights and obligations in accordance with existing provisions but also includes respect for and/or protection of human rights. Indonesia has been in the process of becoming a legal state that is more democratic as well as growing with a better civilization of human rights after the authoritarian regime of the New Order. Indonesia’s process in the development of human rights can be seen from the integration of human rights values in our constitution, especially as stated in Chapter X of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945). The articles that regulate Human Rights actually indicate the direction of change in our civilization which is more appreciative of human rights values in the life of the nation and state. As the basic law (groundwet) for the Indonesian state, the UUD NRI 1945 must be guided and implemented by all elements, both state administrators and citizens in carrying out their respective duties, and in this case, the constitution must be enforced and functioned as a frame of reference (reference). The use of the UUD NRI 1945 as a guideline to find solutions in solving state and national problems that come and go as if they are never-ending. The constitution can live and be reflected in the administration of the state and the daily life of citizens so that an effort or legal breakthrough is needed in resolving various problems or disputes that exist in society through the realization of restorative justice. Enforcement of the protection of human rights and legal justice is an important matter and these two closely related entities cannot be separated and for that, all citizens must have a commitment in order to draw closer and make constitutional thoughts fill the pulses of the life of the nation and state.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Siti Miskiah
AU  - Abustan
PY  - 2021
DA  - 2021/11/22
TI  - Human Rights in Enforcing Restorative Justice in Indonesia as a Constitutional Law State
BT  - Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)
PB  - Atlantis Press
SP  - 128
EP  - 132
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211102.181
DO  - 10.2991/assehr.k.211102.181
ID  - Miskiah2021
ER  -