Constructing Human Rights Justiciability in Human Rights Courts in Indonesia

Abstract

In Indonesia, human rights courts are ad hoc and are only intended for serious human rights courts. This means that there is no special human rights court that deals with the justiciability of human rights, particularly the justiciability for the fulfillment of limited economic, social and cultural rights. This condition is different from civil and political rights which have the principle of non-derogable rights. The research question is how the implementation of human rights justiciability in Indonesia and several other countries in order to build the construction of human rights justiciability in human rights courts in Indonesia. This paper uses the normative juridical as a research method. The results showed that Indonesia already has regulations on the justiciability of the rights to health, education and work which are part of economic, social and cultural rights. In practice, cases of violation of economic, social and cultural rights are often linked to civil and even criminal cases. In addition, the human rights court mechanism is more inclined towards a constitutional court within the authority of the Constitutional Court, because providing remedies cannot be done at the Supreme Court. Countries that have human rights courts under the Constitutional Court include South Africa, Germany, Spain, South Korea, Azerbaijan, Bavaria and Croatia. Meanwhile, countries that regulate remedies through the Supreme Court include the United States, Canada and Japan. Therefore, it is recommended to make material changes in the Human Rights Law, including changes to the definition of human rights violations, the definition of human rights justiciability, and human rights courts in the Constitutional Court. Keywords: