MENYIBAK HAK KONSTITUSIONAL YANG TERSEMBUNYI

Abstract

The Constitutional Court has established the rights to legal aid and to presumption of innocence as constitutional rights. However, these two rights are not included in the 1945 Constitution. This study aimed to know the reasons why the Constitutional Court decided to include these rights as constitutional rights and the purposive approach used. This study used normative research methods that focused on library study. This study revealed that the establishment of these implied rights, namely the rights to legal aid and to presumption of innocence, as constitutional rights is an effort to protect the rights of citizens within the framework of the rule of law. In the future, this kind of establishment might occur more often given that Indonesia has already had rules on Human Rights in the form of laws and ratified international conventions related to fundamental rights.