Assessing the Conformity of Human Rights Paradigm in Indonesian Legislation and the Rulings of the Constitutional Court

Abstract

The dominance of cultural relativism in the regulation of human rights in Indonesia and its influence on the decisions made by the Constitutional Court is believed to be caused by suspicion towards the individualistic nature of the universal paradigm of human rights. However, this paper examines the implementation of the human rights regulatory paradigm in Indonesia and the application of both paradigms in the Court's decisions through a normative juridical approach and document analysis. It concludes that the existing regulatory paradigm, including TAP XVII/MPR/1998, the 1945 Constitution, Law Number 39 of 1999, and the Court's decisions, tend to emphasize particularistic paradigms that justify restrictions on civil liberties and rights.

Received: 10 April 2023 / Accepted: 8 June 2023 / Published: 5 July 2023