通向正义的桥梁:印度尼西亚现代法律制度建设中的人权问题

Kadir Katjong, Tri Yanuaria
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摘要

导言:追求公正和公平是任何现代法律制度的一个基本方面。在印尼,发展维护人权原则的现代法律体系是实现公平公正社会的关键一步。本文以巴布亚省为案例,探讨人权在印尼现代法律体系发展中的作用。理论框架:本文采用的理论框架结合了人权、法律发展和社会正义等概念。人权是每个人都应享有的基本权利和自由,无论其种族、宗教或社会地位如何。法律发展是指制定和实施保护和促进人权的法律的过程。社会正义的概念是创建一个公平公正的社会,使每个人都能获得相同的机会和资源。研究方法:本研究采用文献综述和政策文件分析的定性方法。通过文献综述来探讨人权、法律发展和社会公正的概念。对政策文件进行分析,以了解印度尼西亚人权法律和政策的目标、结构和实施情况,重点是巴布亚地区。结果与结论:印尼(尤其是巴布亚)现代法律体系的发展受到了各种因素的影响,包括历史、文化和政治因素。在巴布亚实施人权法律和政策面临着各种挑战,包括缺乏意识、资源和政治意愿。不过,巴布亚也取得了一些积极的进展,例如成立了人权委员会和通过了人权教育计划。研究结果表明,在印尼(尤其是巴布亚)建立现代法律体系需要采取全面的方法,从根本上解决侵犯人权的问题,并促进社会正义与公平。有效、可持续地实施人权法律和政策需要政府、民间社会和国际组织等各方的合作与承诺。
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BRIDGE TO JUSTICE: HUMAN RIGHTS IN BUILDING MODERN LEGAL SYSTEM IN INDONESIA
Introduction: The pursuit of justice and equity is a fundamental aspect of any modern legal system. In Indonesia, the development of a modern legal system that upholds human rights principles is a crucial step towards achieving a fair and just society. This article explores the role of Human Rights (HR) in the development of a modern legal system in Indonesia, with a focus on the province of Papua as a case study.   Theoretical framework: This article adopts a theoretical framework that combines the concepts of human rights, legal development, and social justice. Human rights are fundamental rights and freedoms that every individual is entitled to, regardless of their race, religion, or social status. Legal development refers to the process of creating and implementing laws that protect and promote human rights. Social justice is the concept of creating a fair and equitable society where every individual has access to the same opportunities and resources.   Method: This research employs a qualitative method using literature review and policy document analysis. A literature review was conducted to explore the concepts of human rights, legal development, and social justice. Policy document analysis was carried out to understand the objectives, structure, and implementation of human rights laws and policies in Indonesia, with a focus on Papua.   Results and Conclusions: The development of a modern legal system in Indonesia, particularly in Papua, has been influenced by various factors, including historical, cultural, and political factors. The implementation of human rights laws and policies in Papua has faced challenges, including lack of awareness, resources, and political will. However, there have been some positive developments, such as the establishment of human rights commissions and the adoption of human rights education programs. The findings of this research indicate that the development of a modern legal system in Indonesia, particularly in Papua, requires a comprehensive approach that addresses the root causes of human rights violations and promotes social justice and equity. Effective and sustainable implementation of human rights laws and policies requires collaboration and commitment from various parties, including the government, civil society, and international organizations.
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