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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Naufal Yudawan
Universitas Indonesia
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DISCOURSE ON HUMAN RIGHTS LAW IN THE PARADIGM OF EMERGENCY LAW IN INDONESIA Naufal Yudawan
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 4 No. 3 (2024): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v4i3.2152

Abstract

A state of danger or emergency with the legal regime imposed can have an impact on human rights even though in such emergencies, the laws and norms imposed are also emergency. This paper aims to comprehensively examine the concept of emergency in a country and as a limitation in this writing are norms and laws that apply in Indonesia with comparisons in various cloth countries. The method used in this writing is a doctrinal legal research method that examines legal norms and theories related to emergency law. The results showed that the state of emergency law imposed in Indonesia was based on the 1945 Constitution, especially Article 12 and Article 22 and also based on Law Number 23 of 1959 concerning Dangerous Conditions. However, research findings show that there is a vague interpretation of the relationship between the implementation of the state of emergency and the protection of human rights that are well regulated in the constitution which results in human rights violations during the enactment of the state of emergency in Indonesia. Therefore, the legal norms governing the state of emergency stipulated in the constitution and the state of danger law must be resynchronized by the state with the revision of the state of danger law in order to advance the protection and enforcement of human rights in Indonesia.
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