Legal Politics in the Existence of Human Rights Jurisdiction that only Judge Against Serious Human Rights Violations

Zainal Abidin Pakpahan, Lelisari, M. Sohibi, M. Lufthi, Suwito and Beriman Panjaitan
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Zainal Abidin Pakpahan: Lecturer at Postgraduate Program, Universitas Labuhanbatu, Rantauprapat, Indonesia
Lelisari: Lecturer at Postgraduate Program, Universitas Labuhanbatu, Rantauprapat, Indonesia
M. Sohibi: Students at Postgraduate Program, Universitas Labuhanbatu, Rantauprapat, Indonesia
M. Lufthi: Students at Postgraduate Program, Universitas Labuhanbatu, Rantauprapat, Indonesia
Suwito: Students at Postgraduate Program, Universitas Labuhanbatu, Rantauprapat, Indonesia
Beriman Panjaitan: Students at Postgraduate Program, Universitas Labuhanbatu, Rantauprapat, Indonesia

International Journal of Research and Innovation in Social Science, 2023, vol. 7, issue 3, 1147-1159

Abstract: National legal politics has established Indonesia as a country based on law (rechtsstaat), as stipulated in Article 1 paragraph (3) of the 1945 Constitution. The concept of a rule of law refers to the soul of the nation (volkgeist) contained in Pancasila and the Proclamation of Independence as the source of all sources. law and support for constitutionalism. Based on the description above, it appears that there is pressure from within and outside the country on Indonesia which is the background for immediately establishing a judicial institution in the field of human rights. As for his duties, none other than to examine and adjudicate cases related to human rights violations or crimes that occurred in Indonesia. For this reason, the Perppu was issued as a solution to provide initial certainty to process and resolve human rights violations. This portrait when viewed from the legal political aspect, the formation process is based on the development of legal society in the country and the global community. In other words, this process has a tendency of national interests to continue to exist in the global world arena. If Indonesia does not immediately respond to the situation at that time, it is certain that Indonesia, which has ordained itself to join the United Nations, will be ostracized from world affairs. This is because the UN firmly upholds the universal value of human rights and is committed to upholding it. Therefore, the community urged the government to immediately ratify the Perppu to become Law Number 26 of 2000 concerning human rights courts.

Date: 2023
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