Legal Transformation in Limiting Human Rights in the Dilemma of Preventing Nepotism and Corruption

Legal transformation in restricting human rights (HR) has become a crucial issue in efforts to prevent nepotism and corruption. This phenomenon creates a dilemma between maintaining government integrity and protecting human resources, such as the right to freedom of politics, expression, and work. This study aims to explore how the law in Indonesia has changed in restricting human resources to prevent nepotism and corrupt practices and analyze whether these restrictions are in line with the principles of justice and proportionality. The research method used is normative law, with a legislative approach and case studies. Secondary data were collected through analysis of laws, regulations, and court documents related to corruption and nepotism. The research findings show that legal transformation in Indonesia has resulted in stricter regulations on conflicts of interest; however, in some cases, restrictions on HR are considered excessive, leading to potential violations of individual rights. In conclusion, although there is a need to control nepotism and corruption, it is important for the government to ensure that HR restrictions remain proportional and in line with international standards. The implication of this study is the need for more comprehensive, transparent, and accountable legal reform. The government needs to ensure that any anti-corruption regulations that restrict human rights are based on clear needs and are closely monitored to prevent abuse of power. Public involvement in oversight should also be increased to strengthen legal legitimacy and public trust.

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Publication Details

Journal
Cerdika Jurnal Ilmiah Indonesia
Published
2024-12-20
DOI
https://doi.org/10.59141/cerdika.v4i12.2316
Primary Topic
Digital Transformation in Law
Type
article
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article

Legal Transformation in Limiting Human Rights in the Dilemma of Preventing Nepotism and Corruption

Faisal Santiago, Anak Agung Ngurah Putra Laksana
Cerdika Jurnal Ilmiah Indonesia
Digital Transformation in Law
article

Legal Transformation in Limiting Human Rights in the Dilemma of Preventing Nepotism and Corruption

Faisal Santiago, Anak Agung Ngurah Putra Laksana
article en

Abstract

Legal transformation in restricting human rights (HR) has become a crucial issue in efforts to prevent nepotism and corruption. This phenomenon creates a dilemma between maintaining government integrity and protecting human resources, such as the right to freedom of politics, expression, and work. This study aims to explore how the law in Indonesia has changed in restricting human resources to prevent nepotism and corrupt practices and analyze whether these restrictions are in line with the principles of justice and proportionality. The research method used is normative law, with a legislative approach and case studies. Secondary data were collected through analysis of laws, regulations, and court documents related to corruption and nepotism. The research findings show that legal transformation in Indonesia has resulted in stricter regulations on conflicts of interest; however, in some cases, restrictions on HR are considered excessive, leading to potential violations of individual rights. In conclusion, although there is a need to control nepotism and corruption, it is important for the government to ensure that HR restrictions remain proportional and in line with international standards. The implication of this study is the need for more comprehensive, transparent, and accountable legal reform. The government needs to ensure that any anti-corruption regulations that restrict human rights are based on clear needs and are closely monitored to prevent abuse of power. Public involvement in oversight should also be increased to strengthen legal legitimacy and public trust.

Cerdika Jurnal Ilmiah IndonesiaVol. 4(12)
Universitas Borobudur (ID)
Openalex Percentile: Top 52%
Digital Transformation in Law
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Legal Transformation in Limiting Human Rights in the Dilemma of Preventing Nepotism and Corruption — Faisal Santiago, Anak Agung Ngurah Putra Laksana · Cerdika Jurnal Ilmiah Indonesia (2024) | TGRS Research Map | TGRS