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p-Index From 2021 - 2026
0.444
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All Journal RechtIdee Decova Law Journal
Ousu Mendy
Faculty of Law, Victoria University of Wellington, New Zealand
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Knitting Human Rights Values and the Rule of Law in Creating a Human Rights State Ousu Mendy; Gregorius Sri Nurhartanto; Musa Sarjo
Decova Law Journal Vol. 1 No. 2 (2025): Decova Law Journal
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/dlj.v1i2.66

Abstract

A human rights state adheres to human rights values, guided by the principles of the rule of law. There is no rule of law in a society where human rights are not valued. For a legal entity to be recognised as a human rights state, its ideals of human rights as a component of the rule of law must be viewed not only from an intellectual squint of ecumenical values but must also demonstrate how they relate to other key elements of states in ways that depict the principles and values of statehood. Therefore, this research establishes the relations between the values of human rights and the rule of law in building a human rights state. Establishing a relationship between these two sets of ideals, from human rights and constitutional perspectives, will help in amalgamating divergent views that uphold human rights as a practice. The doctrinal research method is employed in this study through the use of scholarly articles, books, and other relevant materials. So, while human rights standards are developed to provide adequate protection, their implementation requires certain structures of the rule of law. Without this, it is unlikely that human rights can be realised. The rule of law, administration of justice and democratic structures are key components in creating a human rights state. The positive development of human rights depends on the creation of certain state institutions and laws, and the implementation of state policies is ensured by an effective legal framework. Internationally recognised human rights also impose restraints on states and retrain them from taking any measures. These result in the violation of a given right through either their organs or agents. Therefore, there should be an increased role for non-legal measures and other non-state actors in the domestic implementation of human rights.
Restorative Justice and Police Discretion for Low-Income and Vulnerable Groups in Indonesia and India Aprialdi Aprialdi; Herlita Eryke; Amit Kumar Kashyap; Ousu Mendy
RechtIdee Vol 21, No 1 (2026): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v21i1.34516

Abstract

Study Objective: This article examines how restorative justice and police discretion can expand, rather than ration, access to justice for low-income and vulnerable groups in Indonesia.Method/Approach: It uses normative-comparative legal research to compare Indonesia's contemporary framework with India's Bharatiya Nagarik Suraksha Sanhita 2023.Novelty: this research is novel in that it does not treat India's plea-bargaining and case-settlement mechanisms as synonymous with police-led restorative justice. Instead, it questions what safeguards can prevent discretionary settlements from reproducing poverty and secondary victimization.Findings: The analysis finds that India now has a stronger legal basis for restorative justice across the criminal process, but the police's role as first contact still creates material risks, including inconsistencies, pressure to settle cases, and unequal access to legal counsel. India offers a useful contrast because its plea-bargaining framework relies on judicial verification of voluntariness, eligibility determination, victim participation, and compensation, while excluding certain socially sensitive offenses.Conclusion: This article proposes a vulnerability-based discretionary framework for Indonesia: early legal aid, independent counsel, screening for power and security imbalances, proportional and non-monetary reparation options, written reasons, review, and public aggregate reporting. Restorative justice should operate as a voluntary, accountable, and redress-the-harm pathway without punishing poverty.
Co-Authors Amit Kumar Kashyap Aprialdi Aprialdi Gregorius Sri Nurhartanto Herlita Eryke Musa Sarjo