Examining the Restriction of Human Rights in Government Regulation in Lieu of Law

Abstract

Abstract:The implementation of human rights (HAM) in Indonesia can be restricted while its implementation is violated others’ rights, or contradicted to moral considerations, religious values, security, and public order. This limitation is referring to article 28 J of the 1945 Constitution of the Republic of Indonesia (UUD 1945) which has been regulated under the law. Besides, can human rights restrictions also be stipulated through legal products in the form of Government Regulation in Lieu of Law or Perppu? This question is build upon the understanding that Perppu is equated with the law in the hierarchy of statutory regulations. Nevertheless, Perppu that formed in a precarious and a hurry situation must consist of material content restrictions on crucial matters including human rights restriction. The limitation contents of the Perppu should become concern since it must be applied with the extra caution and consideration. As a result, the Perppu which was compiled under abnormal conditions should not be justified in regulating human rights restriction.Key Word: Human Right, Restriction of Human Right, Perppu