JUPSHU: Jurnal Pendidikan Sosiologi dan Hukum

Mengintegrasikan Prinsip Hak Asasi Manusia (HAM) dalam Proses Pembentukan dan Implementasi Publik

Risyad Fakar Lubis — 2024-09-15

This article examines the importance of integrating human rights (HR) principles into the formulation and implementation of public policies. Integrating HR principles not only enhances policy legitimacy but also ensures the protection of individual rights in every policy decision. The article identifies challenges in incorporating HR principles into public policy, such as political resistance, lack of understanding, and inconsistent implementation. Additionally, it explores strategies to address these challenges, including policy-maker training, public participation, and independent oversight. By analyzing case studies from various countries, the article provides recommendations for improving the integration of HR principles into public policy to create more just and effective policies.

Keadilan Restoratif sebagai Alternatif dalam Penegakkan Hukum dan Hak Asasi Manusia

Risyad Fakar Lubis — 2024-09-15

Restorative justice has emerged as an increasingly important alternative approach in law enforcement, focusing on repairing the harm caused by crime through dialogue and active participation of victims, offenders, and the community. This article examines the potential of restorative justice in the context of law enforcement in Indonesia, particularly in relation to the protection of human rights. Through theoretical analysis and a review of concrete cases, this study highlights how restorative justice can address the shortcomings of traditional retributive approaches, which often emphasize punishment over restoration. The findings indicate that the application of restorative justice can enhance the protection of human rights by providing victims with the opportunity to engage directly in the resolution process and by helping offenders take responsibility and reintegrate into society. However, the study also identifies several challenges in implementing restorative justice, including resistance from the existing judicial system, a lack of public understanding of the concept, and the need for training for legal practitioners. The article concludes that, with appropriate regulatory support and increased public awareness, restorative justice has the potential to become a central pillar in the reform of Indonesia's judicial system, while also strengthening human rights protection

Reformasi Hukum dan Hak Asasi Manusia di Era Demokrasi: Tantangan dan Peluang di Indonesia

Risyad Fakar Lubis — 2024-09-15

Legal reform in Indonesia since the fall of the New Order has brought significant changes to the legal system and human rights protection. This journal analyzes how these legal reforms have impacted human rights protection, the challenges encountered, and opportunities for further improvement. The study employs a qualitative method, including document analysis and interviews with legal experts and human rights practitioners. This journal analyzes recent developments in legal reform and human rights implementation, as well as the main challenges that hinder progress. On the other hand, it also identifies existing opportunities to improve legal and human rights conditions through participation, community reform institutions, and increased transparency. By providing in-depth insights into these dynamics, it aims to provide strategic recommendations to encourage further progress in the field of legal reform and human rights protection in Indonesia

Tantangan Penegakan Hak Asasi Manusia di Indonesia: Antara Norma dan Implementasi

Risyad Fakar Lubis — 2024-09-15

Human Rights (HAM) is one of the main pillars in the life of democracy and the rule of law. In Indonesia, although there is a legal framework that recognizes and protects human rights through the 1945 Constitution, the Human Rights Law, and various international instruments, the implementation of human rights still faces various challenges. This article aims to examine the main challenges in enforcing human rights in Indonesia, with a focus on the disparity between the norms regulated in laws and regulations and the reality of their implementation in the field. This study uses a qualitative approach through document analysis and case studies to identify factors that hinder the implementation of human rights and provide recommendations for improving a more effective law enforcement system