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All Journal Masalah-Masalah Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Journal of Law, Poliitic and Humanities
Ahmad Basarah
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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KAJIAN TEORITIS TERHADAP AUXILIARY STATE`S ORGAN DALAM STRUKTUR KETATANEGARAAN INDONESIA Ahmad Basarah
Masalah-Masalah Hukum Vol 43, No 1 (2014): Masalah-Masalah Hukum
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (546.51 KB) | DOI: 10.14710/mmh.43.1.2014.1-8

Abstract

The Amendment of Indonesia's Constitution has brought the implication to the change of Indonesia democracy's system, which can be seen in the structure of State's institutions. The State's structure had been added with newly organs which are not existed in a prior time and have been made as the subsidiary or the supporting ones. They have known as the Auxiliary State's Institutions or the Auxiliary State`s Organs which help the functions of the main organs. This paper will not analyze in legal postivism perspectives and the results are expected to provide the answers to the needs of those institutions
Human Rights in the Grip of Cultural Relativism: A Critical Examination of Policies and Challenges in Indonesia John Sinartha Wolo; Bayu Dwi Anggono; Al Khanif; Ahmad Basarah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5944

Abstract

This paper examines the universal values of human rights and their contradictions within the context of advancing human rights in Indonesia. The Universal Declaration of Human Rights (UDHR) emphasizes the importance of universally respecting human dignity. However, Indonesia, as a country rich in culture and religion, often faces challenges in applying these universal human rights values, particularly when state policies prioritize local cultural considerations over the universal dimension of HR. One example is the prohibition of interfaith marriages, which shows that religious and cultural values still serve as the primary basis in human rights policies in Indonesia. Indonesia is a nation with strong cultural and religious richness, influencing various aspects of life, including state policies related to human rights. Although the UDHR stresses the importance of universal human rights implementation, in practice, Indonesia often experiences tension between these universal values and local values rooted in tradition and religion. This study aims to explore how universal human rights values confront cultural relativism in the Indonesian context, seeking common ground between the two to strengthen the advancement of HR in the country. This study is conducted through an in-depth analysis of literature and relevant scholarly references. The research finds that there is significant tension between human rights universalism and cultural relativism in Indonesia. However, these two approaches have the potential to collaborate and complement each other, with universalism providing a strong normative framework and cultural relativism offering relevant and acceptable local context. These findings are significant as they offer a new perspective in understanding the dynamics of human rights in Indonesia. By considering and integrating these two approaches, human rights policies in Indonesia can be more responsive to local realities without sacrificing fundamental universal principles
Actualization of Pancasila Justice Values In Regarding Wage Regulations In Realizing Social Welfare Irham Rahman; Restu Adi Putra; Dominikus Rato; Ahmad Basarah
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.363

Abstract

Indonesia is a country of law and upholds the values ??of justice, as justice is outlined in the fifth principle, namely social justice for all Indonesian people. Apart from that, the state also plays a role in improving the welfare of the people, namely ensuring that people get decent work and wages through regulations regarding wages. The latest regulations regarding wages are contained in Government Regulation (PP) No.51 of 2023 concerning Amendments to PP No.36 of 2021 concerning Wages. The problem is that the values ??of justice and existing regulations often conflict and these regulations do not even have justice values ??in accordance with the character of Pancasila. So the problem is formulated whether the values ??of justice have been actualized in wage regulations in Indonesia. This type of research uses a normative juridical research method, namely studying norms through literature and a research approach using a statutory approach, a conceptual approach and a historical approach. The research results show that based on the emergence of new regulations, namely Government Regulation (PP) No. 51 of 2023 concerning Amendments to PP No. 36 of 2021 concerning Wages, there are several changes in determining minimum wages in each region and it is hoped that these changes will be able to actualize the values ??of social justice for all Indonesian people.
Co-Authors Al Khanif Bayu Dwi Anggono Dominikus Rato Irham Rahman John Sinartha Wolo Restu Adi Putra