LEX SOCIETAS: Journal of Law and Public Administration
Vol. 1 No. 1 (2024): February

PANCASILA AS A BASIC GUIDELINE IN LEGAL PROTECTION OF HUMAN RIGHTS

Ibnu Abdillah (Unknown)
Nur Asyarah Tanjung (Unknown)
Aprilia Ayu Puspita (Unknown)
Anis Nur Aqilah (Unknown)



Article Info

Publish Date
29 Feb 2024

Abstract

Human Rights are basic rights or citizenship that are inherent in individuals since they were born by nature which are given directly by God Almighty which cannot be taken away and revoked and must be respected, upheld, and protected by the state, law, government and every person for the honor and protection of human dignity and honor. Indonesia is a country based on law. So that the State of Indonesia is obliged to provide protection of Human Rights to every citizen. While a state of law is a country based on the sovereignty of law. The law is sovereign. The state is a legal subject, in the sense of rechtstaat. Because the state is seen as a legal subject, if it is guilty it can be prosecuted in court for unlawful acts. This study discusses the role of Pancasila as the basis of the state in protecting Human Rights (HAM) in Indonesia. With a qualitative approach and case studies, this study explores how the values ​​of Pancasila function as legal guidelines that guarantee the basic rights of citizens. Pancasila, although not explicitly mentioned in the 1945 Constitution, is a fundamental source of law that underlies legislation. The results show that the values ​​of Pancasila, especially "Just and Civilized Humanity," are the ethical basis for protecting human rights. Pancasila and the 1945 Constitution guarantee equality and non-discrimination, so that every citizen has rights protected by law. Thus, Pancasila is not only an ideology, but also a legal framework that supports human welfare and dignity in Indonesia

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Journal Info

Abbrev

lexsocietas

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Lex Societas is a publication tool for academics and practitioners to publish research articles and conceptual study articles in the field of environmental law (national and international). The scope of the study in the Journal of Environmental Law Development includes legal aspects: Spatial ...