EKSISTENSI LEMBAGA NEGARA DALAM PENEGAKAN HAK ASASI MANUSIA DI INDONESIA
Abstract: In the framework of
the protection and enforcement of Human Rights by state institutions among
implemented by: National Commission on Human Rights, Indonesian Child
Protection Commission, National Commission for Women, the Truth and
Reconciliation Commission, but the Truth and Reconciliation Commission in its
development, it was disbanded because it does not correspond to the actual
functions and duties so it does not give justice to the community. Besides
carried out by the Commission, established by the State, protection and
enforcement of Human Rights today is mostly done by the judiciary, especially
after the reform. Among them are: the Specific Human Rights court, severe Human
Rights court and the Constitutional Court who has the authority to test
Legislations on the Constitution 1945. In the development, the Constitutional
Court more precisely to the protection and enforcement of Human Rights to the
citizens with the many rulings on the legislation is unconstitutional, and the
Constitutional Court's decision was a strategic value and is able to uphold
Human Rights for citizens. The essence of the protection and enforcement of
Human Rights greatly influenced the position of the judge in deciding the case,
so the judge has a role to uphold the independence and impartiality both as an
institution and as individuals. Besides other factor is their right to receive
legal aid, the pattern of justice has shown that the right to get a legal
assistance is an attempt for equality in law as part of the fulfillment of
Human Rights.
Penulis: Muhammad Amin Putra
Kode Jurnal: jphukumdd151571