Clarifying the Position of International Human Rights Law in Domestic Law: A Comparative Study Between Indonesia and the Netherlands

Abstract The realization of human rights relies significantly on the incorporation and enforceability of international human rights law within domestic legal systems. In Indonesia, the ongoing debate about whether the country follows a monist or dualist approach affects the justiciability of such laws. However, this article does not attempt to classify Indonesia strictly as a monist or dualist, instead, this research focuses on constitutional clarity and statutory alignment to address the legal vacuum that prevents international human rights law from achieving legal certainty as part of Indonesian law. A comparative approach is taken in this article, with the Netherlands serving as a case study due to its constitutional provision on the direct applicability of international law and Indonesia’s historical ties to Dutch legal traditions. This article hypothesizes that Indonesia operates as a dualist state, necessitating constitutional and legislative amendments, particularly provisions ensuring the direct applicability of international human rights law.