THE RELEVANCE OF JÜRGEN HABERMAS’S THEORY OF COMMUNICATIVE ACTION AS THE PHILOSOPHICALFOUNDATION OF HUMAN RIGHTS ENFORCEMENT IN INDONESIA

Abstract

Habermas’s theory of communicative action is highly relevant as a philosophical foundation for upholding human rights, emphasizing the intrinsic value of each individual, which must not be eliminated by any power. This is supported by Article 6 paragraph (1) of the International Covenant on Civil and Political Rights, ratified as Law Number 12 of 2005. Critical theory, a school of philosophy, focuses on liberating human knowledge from transcendental and empirical oppression, critiquing ideologies that perpetuate social oppression. Human rights have become a dynamic issue in Indonesia, especially during the Presidential Election, with widespread discussions at national and international levels. Countries, organizations, and individuals are increasingly voicing concerns about human rights issues. These problems are complex, particularly in resolving and sanctioning perpetrators, leading some to view human rights as “merely theoretical.” Applying critical theory is crucial in this context, as perfected by Jürgen Habermas. This research employs normative methods, including statutory, conceptual, and case approaches. It concludes that Jürgen Habermas’s theory of communicative action and John Locke’s natural law are similar, emphasizing the inherent meaning of external rights. This grounding makes Habermas’s theory important for upholding law and human rights internationally, although its implementation remains ambiguous.