Evaluation of the Implementation of Pancasila Values and Human Rights Enforcement in Indonesian Judicial System Through Constitutional Approach

This study evaluates the application of Pancasila values and the enforcement of human rights in Indonesia's judicial system through a constitutional approach. Using normative legal research methods, the approach taken includes analysis of legislation, conceptual studies, as well as case studies of a number of relevant Constitutional Court decisions. The results show that the values of Pancasila, particularly the second and fifth precepts, play a fundamental role as the philosophical basis in the application and interpretation of human rights principles in Indonesia. The Constitutional Court has a strategic role in safeguarding the constitution while ensuring the enforcement of human rights through progressive legal interpretation. However, despite these positive steps, challenges such as inconsistencies in lower court decisions and mismatches between the rule of law and the needs of society remain. This research recommends strengthening Pancasila-based legal education, harmonizing legal policies, and increasing the capacity of judges in integrating human rights with social justice principles holistically. The findings confirm that the judicial system, with a strong constitutional approach, can be an effective tool in realizing social justice in accordance with the values of Pancasila and the constitution.

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Publication Details

Journal
Reformasi Hukum
Published
2024-12-31
DOI
https://doi.org/10.46257/jrh.v28i3.1082
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
Field-Weighted Citation Impact
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article

Evaluation of the Implementation of Pancasila Values and Human Rights Enforcement in Indonesian Judicial System Through Constitutional Approach

Geofani Milthree Saragih, Ade Sathya Sanathana Ishwara, Rengga Kusuma Putra
Reformasi Hukum
Legal and Policy Analysis in Indonesia
article

Evaluation of the Implementation of Pancasila Values and Human Rights Enforcement in Indonesian Judicial System Through Constitutional Approach

Geofani Milthree Saragih, Ade Sathya Sanathana Ishwara, Rengga Kusuma Putra
article en

Abstract

This study evaluates the application of Pancasila values and the enforcement of human rights in Indonesia's judicial system through a constitutional approach. Using normative legal research methods, the approach taken includes analysis of legislation, conceptual studies, as well as case studies of a number of relevant Constitutional Court decisions. The results show that the values of Pancasila, particularly the second and fifth precepts, play a fundamental role as the philosophical basis in the application and interpretation of human rights principles in Indonesia. The Constitutional Court has a strategic role in safeguarding the constitution while ensuring the enforcement of human rights through progressive legal interpretation. However, despite these positive steps, challenges such as inconsistencies in lower court decisions and mismatches between the rule of law and the needs of society remain. This research recommends strengthening Pancasila-based legal education, harmonizing legal policies, and increasing the capacity of judges in integrating human rights with social justice principles holistically. The findings confirm that the judicial system, with a strong constitutional approach, can be an effective tool in realizing social justice in accordance with the values of Pancasila and the constitution.

Reformasi HukumVol. 28(3)
University of Mataram (ID), Universitas Sumatera Utara (ID), Universitas Sains dan Teknologi Komputer
Peace, Justice and strong institutions
Openalex Percentile: Top 53%
Legal and Policy Analysis in Indonesia
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