Reconceptualization of Violations and Limitation of Human Rights in Indonesia
Syahrul Fauzul Kabir, Wicaksana Dramanda, Asep Hakim Zakiran

Fakultas Hukum Universitas Islam Bandung
Jl. Tamansari No. 24 Bandung. 40116.
Syahrul.fauzul[at]gmail.com, wicaksanadramanda[at]live.com, asephakimz.unisba[at]gmail.com

Abstract

This research is motivated by the ambiguity of the norms governing the definition of human rights violations in Law Number 39 of 1999 concerning Human Rights. This definition causes the concept of human rights violations in Indonesia to be different from the traditional understanding of human rights that the state is a single entity capable of being the perpetrator of human rights violations. This condition is also supported by the unclear concept of limited human rights so that human rights restrictions by the government can lead to human rights violations.
Based on this description, this study provides arguments about how human rights violations should be defined and what ^tools^ or means can be used to test human rights restrictions so that the restrictions are proportional.
To be able to answer the two issues above, this research will use a normative legal research approach by exploring various primary and secondary legal sources to find the concept of human rights violations that is more in line with the understanding of human rights in international law, as well as find the concept to be able to measure human rights restrictions proportionally.
This research shows that positioning the state as a ^duty bearer^ to respect, protect and fulfill human rights creates the perception that the state is the sole actor that has the potential to violate human rights. In addition, this research also shows that the concept of proportionality is not recognized in the formulation of human rights limitation policies in Indonesia.

Keywords: Human Rights, Law, Violation, Limitation, Proportionality

Topic: Law and Ethics in Terms of Islamic Perspective