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All Journal Journal of Contemporary Law Studies
Dika Salman
Fakultas Hukum, Universitas Suryakancana
Law, Crime, Criminology & Criminal Justice

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ANALISIS YURIDIS PERAN MAHKAMAH KONSTITUSI DALAM PERLINDUNGAN HAK ASASI MANUSIA Dika Salman; Rivaldi Aka Akbar; Dedi Mulyadi; Rexcel Akbar Maulino Irawan; Raya Zikirillah Ridho; Nazwan Rizki Rusaedi; Rendy Kurniawan
Journal of Contemporary Law Studies Vol. 3 No. 4 (2026): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i4.6063

Abstract

Protection of Human Rights (HAM) is a fundamental element in a state based on the rule of law, but its implementation in Indonesia still faces challenges due to regulations that have the potential to violate citizens' constitutional rights. The Constitutional Court (MK) plays a strategic role as the guardian of the constitution and protector of constitutional rights. This study aims to analyze the position and authority of the MK within the Indonesian state system, its role in protecting human rights, and the obstacles faced in implementing this role. The research method used is normative juridical with a statutory approach and a case approach. The results show that the MK's position is equivalent to the Supreme Court as an executor of judicial power. The MK's real role in protecting human rights is realized through its authority to test the law (judicial review) against the 1945 Constitution, particularly Articles 28A to 28J. The MK has issued various progressive decisions related to political rights, the rights of indigenous peoples, and religious freedom. However, the effectiveness of the Constitutional Court's role is hampered by its limited jurisdiction, which only examines legal norms and not concrete human rights violations, political pressure, weak implementation of decisions by other institutions, and low public legal awareness.
Co-Authors Dedi Mulyadi Nazwan Rizki Rusaedi Raya Zikirillah Ridho Rendy Kurniawan Rexcel Akbar Maulino Irawan Rivaldi Aka Akbar