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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum
Muhammad Amin Putra
Fakultas Hukum, Universitas Indonesia
Law, Crime, Criminology & Criminal Justice

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PERKEMBANGAN MUATAN HAM DALAM KONSTITUSI DI INDONESIA Muhammad Amin Putra
Fiat Justisia: Jurnal Ilmu Hukum Vol 9 No 2 (2015)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v9no2.597

Abstract

Briefly Human Rights can be divided into three categories, including: first, the first generation of Human Rights of a matter of civil rights and politics, secondly, about the rights of economic, social and cultural, and the third, representing the right to equality. Enforceability constitution in Indonesia including of the Constitution RIS of 1949 and Provisional Constitution RIS 1950, the Constitution of 1945, Amendment (I-IV) of the 1945 Constitution. Enforceability of human rights in the constitution in Indonesia has a different history in terms of the setting and the mention. Contents of Human Rights not only based on the rights of association, assembly, and contend yet more extensive and specific. The charge of human rights in the 1945 Constitution Amendment 1-4 nearly includes all the settings of the Universal Declaration in 1948.Keywords: Human Rights, Constitution, Law 
EKSISTENSI LEMBAGA NEGARA DALAM PENEGAKAN HAK ASASI MANUSIA DI INDONESIA Muhammad Amin Putra
Fiat Justisia: Jurnal Ilmu Hukum Vol 9 No 3 (2015)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v9no3.600

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.Keywords: State Institutions, Human Rights, Enforcement
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