The Position of Human Rights in the Indonesian Criminal Law System

Abstract

Abstract: Human Rights (HAM) is a basic right that is inherent in every individual from birth and must be respected, protected, and fulfilled by the state. In the rule of law, the protection of human rights is one of the main indicators of the upholding of the rule of law and justice. The Indonesian criminal law system essentially functions not only as an instrument to tackle crime, but also as a means of protection for individual rights, both for victims, suspects, defendants, and convicts. This research aims to analyze the position of human rights in the Indonesian criminal law system, examine its implementation in various stages of the criminal justice process, and identify various challenges faced in realizing a criminal justice system that is oriented towards respect for human rights. This study uses normative legal research methods with a statutory approach, a conceptual approach, and a case approach. The legal materials used consist of primary, secondary, and tertiary legal materials that are analyzed qualitatively through literature study techniques. The results of the study show that the position of human rights in the Indonesian criminal law system has a very fundamental position because it is constitutionally guaranteed in the 1945 Constitution of the Republic of Indonesia and various other laws and regulations, including Law Number 39 of 1999 concerning Human Rights and Law Number 1 of 2023 concerning the Criminal Code. However, the implementation of human rights protection still faces various challenges in the form of torture practices, disproportionate detention, violations of the principle of presumption of innocence, and the lack of optimal monitoring mechanisms for law enforcement officials. Therefore, it is necessary to strengthen regulations, increase the professionalism of law enforcement officials, and harmonize criminal policies oriented towards human rights protection.

Keywords: Human Rights in the Criminal Law System and Protection of Children