Application of Human Rights Principles in the Formation of Draft Laws Concerning the Civil Code

Authors

  • Bambang Eko Muljono Fakultas Hukum - Universitas Islam Lamongan
  • Munif Rochmawanto Fakultas Hukum - Universitas Islam Lamongan
  • Joejoen Tjahjani Fakultas Hukum - Universitas Islam Lamongan

DOI:

https://doi.org/10.30736/ji.v11i2.266

Keywords:

Keywords: Eight Principles of Human Rights, Formation of Draft Laws, Draft Criminal Code.

Abstract

Abstract

As a rule of law, Indonesia has an obligation to guarantee people's welfare through law. Good legislation is legislation that has a basis or foundation called Grundnorm. Grundnorm is a foundation for forming laws that have the value of justice. Apart from that, good laws and regulations must fulfill principles and concepts, protect human rights, and must pay attention to community participation. Because the purpose of forming laws and regulations is to protect the public. This research aims to find out how good legislation is formed and how the community participates in implementing the formation of legislation. In forming laws and regulations, various aspects must be taken into account. This is so that the aim of forming legislation can be achieved and does not injure the rights of the Indonesian people. The formation of laws and regulations must be democratic, aspirational and participatory. Standard Norms and Regulations (SNP) on Human Rights is a document which is an implementable explanation of various human rights instruments, both international and national, as well as human rights norms which continue to develop dynamically, to suit the context and events, especially in Indonesia. Standard Norms and Regulations regarding the Right to Obtain Justice are expected to become references and guidelines in carrying out discussions and amendments to the Draft Criminal Code.

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References

Adnan Buyung Nasution and A. Petra M. Zein, Basic International Instruments of Human Rights, Jakarta: Indonesian Obor Foundation, 2006.

Human Rights Research and Development Agency, Research Guide in the Field of Human Rights, Ministry of Law and Human Rights of the Republic of Indonesia, 2009.

Faisal A. Rani, "PAD Contribution in APBD as an Indicator of Successful Implementation of Regional Autonomy", KANUN Legal Science Journal, Number 51 Year XII, August 2010 Edition

Hanif Nurcholis,Theory and Practice of Government and Regional Autonomy,Jakarta: Grasindo, 2005

Jimly Asshidiqie, Procedural Law for Reviewing Laws, Constitution Press, First Printing, Jakarta, 2006

Muchtar Henni, Normative Juridical Analysis of Synchronization of Regional Patrons with Human Rights, Humanus Journal vol XIV No. 1, 2015,

Muhammad, R. Gani, Problematic Regional Regulations, Determination Process & Mechanism, Paper on the Socialization of Problematic Regional Regulations at the BPK Representative of West Sumatra, 7 June 2012.

Novak, MUNCovenant on Civil and Political Rights, CCPR Commentary, 2nd revised edition, NP Engel, Publishers. 2005

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Published

2023-09-08

How to Cite

Muljono, B. E., Rochmawanto, M., & Tjahjani, J. (2023). Application of Human Rights Principles in the Formation of Draft Laws Concerning the Civil Code. Jurnal Independent, 11(2), 586–598. https://doi.org/10.30736/ji.v11i2.266

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