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All Journal Law and Democracy Insight
Aulia Wardata
Universitas Lambung Mangkurat, Banjarmasin

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Human Rights Protection in the Modern Rule of Law Aulia Wardata; Setya Eko Wasito
Law and Democracy Insight Vol. 1 No. 1 (2023): June 2023
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-271

Abstract

The protection of human rights is a fundamental element in the concept of the modern state of law because the law not only functions as a tool to regulate people's lives, but also as an instrument of protection for the basic rights of citizens. This study aims to analyze the effectiveness of human rights protection regulations in the perspective of the modern legal state (Law Number 28A through 28J of the 1945 Constitution) and examine the urgency of discussing these regulations in contemporary legal developments. The research uses normative juridical methods with a statutory approach and a conceptual approach. The source of legal materials consists of primary legal materials in the form of laws and regulations and secondary legal materials in the form of books, scientific journals, and academic articles for the last five years. The results of the study show that the effectiveness of human rights protection regulations is influenced by the quality of regulations, harmonization of laws and regulations, law enforcement, independence of legal institutions, and public legal awareness. In addition, technological developments and social transformation have caused the protection of human rights to continue to be adapted to the dynamics of modern law. Therefore, strengthening regulations, reforming laws, and improving the quality of law enforcement are important steps in realizing a democratic, fair legal state, and able to provide optimal human rights protection.
Human Rights Protection and Democratic Governance: An International Legal Perspective Setya Eko Wasito; Aulia Wardata
Law and Democracy Insight Vol. 3 No. 1 (2025): June 2025
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-394

Abstract

Human rights protection is a fundamental element of democratic governance because it supports political participation, accountability, equality, legal protection, and institutional legitimacy. This study examines the role of international human rights law in strengthening democratic governance and analyzes the contribution of the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) as international legal frameworks for protecting fundamental rights and democratic values. The study employs a normative juridical method using a statutory, conceptual, and analytical approach. The legal analysis focuses on relevant international human rights instruments and examines their normative relationship with political participation, accountability, equality before the law, and democratic governance. The findings demonstrate that the UDHR provides a fundamental normative foundation for human dignity, equality, freedom, and democratic participation, while the ICCPR establishes legally binding protections for civil and political rights that are essential to democratic governance. However, digital rights, artificial intelligence, surveillance, misinformation, and democratic backsliding present emerging challenges. The study concludes that effective implementation of international human rights norms remains essential for strengthening democratic legitimacy, protecting political rights, limiting arbitrary governmental power, and sustaining resilient democratic governance.
Co-Authors Setya Eko Wasito Setya Eko Wasito