Social Transformation of International Human Rights Law Through Indonesian Constitutional Court

The importance of human rights in international law cannot be overstated. International Law plays a fundamental role in safeguarding and promoting human rights, which are safeguarded through a variety of legal instruments, including international conventions and international declarations, both of which are recognized as instruments of international law. The fundamental principles of Human Rights are recognized in the legal system of Indonesia. These fundamental principles are expressed in the Constitution and its related legal documents through the provisions and values that govern human rights. Thus, the preamble of the Constitution of the Republic of Indonesia includes the fundamental principles of Self-determination, Independence, Security, Social Welfare, and Education . This research will look at how the Indonesian Constitution regulates and guarantees the implementation of international human rights law through the Indonesian Constitutional Court, as well as how these rights are integrated into society from both the government's and society's perspective. This research is done through interdisciplinary approach, combining legal, social, and comparative studies. Ultimately, it's about how Indonesia's Consitutional Court can help make human rights practices better and more effective. As the highest judicial organ of a state, it is essential for the Constitutional Court to effectively and effectively implement the international human rights system as we know it in order to safeguard the interests of all stakeholders, especially in Indonesia.


A. Introduction
In the current era of globalisation, legal systems have developed rapidly at both the national and international levels.International law, as defined and conceptualized, has developed into a far more intricate and internationalized legal order since its inception centuries ago.This development is

I.M. Miraj Mirza
Uti Possidetis: Journal of International Law, Vol. 4, No. 3 (2023)   441 evident in both its theoretical and practical dimensions.One such aspect is the emergence of international legal concepts.Whereas public society once viewed states as the sole legal subjects, these concepts have expanded to include international organization, individuals, and rebellions.When it comes to international law, human rights are one of the most important aspects.Human rights have long been seen as a fundamental right for states.While these rights are largely defined in domestic legislation, international law continues to play an important role in defining them.It's clear that all human beings, no matter where they come from, are covered by human rights as defined by international law.There are also other legal documents that deal with human rights generally, like the International Criminal Court for the Protection of Human Rights and Fundamental Freedoms (ICCPR), the United Nations Human Rights Declaration of 1948, and other international legal instruments.1 International law and national law are intertwined with one another.Standard values of international human rights principles are normally reflected within the constitution of each states.In that regard, there are many constitutional court's decision which enhance the development of constitution of the respective state.In Indonesia for instance, Social Transformation of International.. Law, Vol. 4, No. 3 (2023)  442

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there are several constitutional court's decision which highlights human rights values : 1 Human beings are intrinsically linked to the core of human rights, which encompasses the fundamental rights of life, liberty, and the pursuit of happiness.These rights, as well as the right to freedom from slavery, torture, and other forms of oppression, are intrinsically linked to human humanity.
Furthermore, the fundamental rights of freedom of expression, freedom to work, and the right to education are also intrinsically linked to human rights.Consequently, any form of discrimination is prohibited, as all individuals are entitled to these fundamental rights.

B. Discussion
Human rights are the fundamental values and instruments of international law.Since the end of World War II, human rights have become increasingly prominent in international jurisprudence.States have a great deal in common in terms of human rights, such as the right of citizenship, the right to economic and political influence, equality, and policies to prevent cultural and racial discrimination.However, the manner in which states implement human rights can differ depending on their political ideology and policies.Generally, scholars concur that one of the primary objectives of the international human rights movement is to promote human rights in the world through international law.This is why human rights, particularly those under the auspices of the United Nations, have been addressed by numerous international organizations.5 Human rights are the exclusive rights that individuals possess due to their inherent humanity.

Transformation
Human rights responsibilities and obligations play a the society so that it will be able to uphold justice within the realm of human rights.
The realization of a much better nation and state for the society has been sought through the amendment of the 1945 Constitution, which has brought significant changes to the system, structure, mechanisms, and institutions of the state.
The provisions governing the institutional state have been altered, and changes have been made in terms of legal perspective and state bureaucracy.Basic principles, such as the rule of law with constitutional supremacy, a presidential system, the separation of powers, checks and balances, and the protection of human rights and the rights of citizens, have been upheld. 13A system or mechanism of mutual control between institutions of state power and a means of assuring the protection and the fulfillment of human rights, as well as tools and mechanisms to enhance rights in the event of a violation thereon must be delivered by a good constitution based on sensible constitutionalism.The provision under Indonesian constitution is heavily intertwined with ASEAN's legal framework since numerous ASEAN's legal instruments deliver impact to human rights implementation in Indonesia.Thus, it is also directly or indirectly adopted within Indonesian national legal system which ultimately also affect legal decision making, including  , Vol. 4, No. 3 (2023)   459 issues could be dealt with effectively among ASEAN member states.
The human rights situation in the region has been deteriorating, but all the issues remain unaddressed by the AICHR.To describe the physiognomy of human rights in Southeast Asia, the term ambivalence has been used. 19Tere are many factors that contribute to this, such as substantive and procedural factors.Tere are three factors regarding the limitations of the substantive factors.First is the the narrow interpretation of the principle of sovereignty and nonintervention. 20In Southeast Asia, human rights and international supervision by human rights mechanisms have always been viewed as a threat to the sovereignty of the state and therefore considered a domestic issue. 21AICHR representatives strongly adhere to the principle of noninterference 22 where there is a high degree of respect for the right of every member state to lead its national existence free from external interference, subversion and coercion.
According to many Southeast Asian states, no one can dictate or make judgments on others about human rights, and the international community has no right to intervene, including the AICHR.
Second is the limitations of human rights that are incompatible with international human rights instruments.there is a lack of determination among them.Among all 10 members, only Indonesia, Cambodia and the Philippines have adopted all major international human rights treaties. 26 In the view of establishing a regional human rights regime and improving human rights standards, ratifcation of international human rights treaties is a critical factor 27 because it displays a prima facie acceptance to international human rights norms.However, mere ratifcation is no guarantee for acceptance or implementation of international human rights norms.The table below may give us an idea of the national Social Transformation of International.. Law, Vol. 4, No. 3 (2023)  462

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interest of each state through its way to consent to be bound to certain international conventions.Moreover, the substantive reservations to several conventions by some member states shows us the diferences and nonuniform understanding and approach among ASEAN member states.

I.M. Miraj Mirza
Uti Possidetis: Journal of International Law, Vol. 4, No. 3 (2023)   463 On the other hand, there are also two procedural factors, namely the structure of the AICHR with a lack of independence and weak mandates for protection. 28rst, there is a lack of independence in the system.
However, this is not the case given that the AICHR is a consultative intergovernmental body. 29Specifically, AICHR functions in a way that allows the promotion and protection of human rights to be infuenced by the political will of its member states.Te confict of interest between the AICHR's members, governments and victims of human rights abuses interferes with the AICHR's impartiality when performing its duties.
Second is the broad and weak mandates of the TOR.The ASEAN human rights regime mainly focuses on promoting human rights rather than protecting them.

I.M. Miraj Mirza
Uti Possidetis: Journal of International Law, Vol. 4, No. 3 (2023)   465 The above explanation clearly describes, while some core international human rights treaties have been signed by some ASEAN member states, implementation remains poor particularly due to its weak organizational structure and function. 33 schemes, not just in the final outcome.Social protection schemes and frameworks help States fulfill their obligations and responsibilities under domestic, regional or international human rights legislation to guarantee at least essential economic, social and cultural rights, including the right to a fair standard of living, social security, education and the highest possible standard of health.Human rights standards require States to ensure that human rights provisions are incorporated into the content of social protection schemes. 8Human rights provide a disjointed discursive and political tool for the marginalized.On the other hand, they can be subject to a radical reinterpretation that can weaken them as well as strengthen them.There is no unifying definition of human rights.Fair and just social change necessitates that human rights must be asserted and reclaimed.How human rights can be used in the service of radically different and conflicting visions within society is explained by human rights' role in India's quest for social transformation.Human rights as embodied in the

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Jimly Asshiddiqie, "Hubungan antara Lembaga Negara Pasca Perubahan UUD 1945 (The Relation Between the State Institutions After the Amendment of the 1945 Constitution.Translated by the Authors)".Paper on Pendidikan dan Latihan Kepemimpinan (Diklatpim) Tingkat I Angkatan XVII Lembaga Administrasi Negara, Jakarta, 30 Oktober 2008. 14Leli Tibaka & Rosdian, The Protection of Human Rights in Indonesian Constitutional Law after the Amendment of the 1945 Constitution of the Republic of Indonesia, Volume 11 Number 3, July-September 2017: pp.279, Copyright © 2017 FIAT JUSTISIA.Faculty of Indonesian human rights culture is based on kinship and collectivist values, and the protection of human rights for individual and social interests must be balanced.In that regard, as reflected through the UN Convention on the Protection and Use of Transboundary Watercourses and International Lakes , added by The UN Protocol on Water and Health Driving Action on Water, Sanitation, Hygiene and Health, One example of social transformation of international human rights law is reflected through the MKRI decision No. 85/PUU XI/2013 regarding the cancellation of the Water Resources Law No.7/2004, the court used proportionality analysis to assess the law's purpose and the use of the right to water in Indonesia.It balanced the rights and obligations of the citizens.The legal reason as the basis for limiting and canceling the Water Resources Law was that the law aims to integrate and coordinate the interests of the community.Conflicts do not occur between members of the community or within the communities, or at least these conflicts could be minimized. 15aw, Lampung University, Bandar Lampung, Lampung, Indonesia.ISSN:  1978-5186 | e-ISSN: 2477-6238 Limitations of human rights are also regulated in the ASEAN Human Rights Declaration (ADHR).Third is the lack of determination to ratify core treaties.Te ASEAN family is divided into two groups on the issue of human rights.Indonesia, Malaysia the Philippines and Tailand are positively more open to human rights and norm change.Tey have ratifed many of the core international human rights treaties, have national human rights institutions in place and in terms of democracy and development are not at the bottom of the scale.On the other side is Cambodia, Laos, Myanmar and Vietnam, a distinct group in which the standard of living, GDP, human rights and standards of rule-based governance are substantially below other ASEAN member states. 23Brunei and Singapore are 461 somewhere between the camps. 24Despite that the TOR of the AICHR clearly states that ASEAN member states are encouraged to accede and ratify international human rights instruments, 25 While domestic processes are weak and slow, foreign contribution is complementary and welcome, and much endorsement is received by Indonesian human rights promoters at this level.Nevertheless, significant changes have been undergone by the country, with implications for the way it is internationally viewed, the kind of guidance it receives, and the internal humans rights situation.Generally speaking, a fascinating development of democratic process is internationally seen as changes within Indonesia.Highly praised are abuse survivors and civil society organizations.Millions of dollars, expertise and knowledge have been made available to enhance the democratic transition, and the world is being opened for Indonesia through the development of technology. 34Legislation which limits freedom and demands 'responsibility as well as respect' for human rights has been adopted by the Government and Parliament.Additionally, discussing human rights has been labeled "anti-religious".A number of challenges are posed by utilizing social media.The Minister of Communication and Information has repeatedly shown his unwillingness in propelling access to the internet, apart from the new law on Electronic Information and Transaction.Therefore, technically and legally speaking, information is free but its access is liable to be infringed. 35C. Conclusion International Human Rights Law are governed under several international legal instruments, such as The Universal Declaration of Human Rights (UDHR) in 1948, UN Declaration on The Rights of Indigineous Peoples 2007, International Covenant on Civil and Political Rights 1966, and other sources of international law.Indonesian Constitution and its subsidiary legal instruments ensure and govern the protection of human rights in accordance to international law.The urgency of the Amendment of the 1945 Constitution of the Republic of Indonesia as the written constitution has brought progress and social transformation in enhancing, respecting, protecting and fulfilling human rights in Indonesia.The 1945 Constitution regulate human rights materials starting from the affirmation of the fundamental rights, individual rights, social rights, rights of solidarity, and even affirmation of rights included in the category of non-derogable rights in the Second Amendment of the 1945 Constitution.This fact shows progress on the level of legislation and protection of human rights in Indonesia so that the post-amendment 1945 Constitution may be referred to as the Social Transformation Towards a More Effective Indonesian Constitution of Human Rights.Effective indicators to the history of the implementation of human rights in the constitution are as follows Accessability to Human Rights Justice, Availability, Good quality of judicial systems, Provision of remedies, Accountability of justice systems.Throughout analysis stated in the previous chapter, there are several recommendation as a follow up of the conclusion previously stated.First, Indonesian government should in many ways bring about a more effective legal enforcement in assuring the protection and social transformation of international human rights law within the legal framework of Indonesian constitution.Although human rights are inherently governed under Indonesian legal system, there is still work to be done to ensure such task could be carried out in such a way that the interest of all people concerned could be protected.Last but not least, International Law Comission may in many ways develop and invent new sources through its regular meeting in helping to ensure the progressive development in international human rights law on upholding and protecting human rights on a global scale more effectively.
Te case of the mistreatment of the Rohingya in Myanmar has been one of the examples where ASEAN and especially the AICHR have been criticized for being unable to fully address the continuation of human rights violations in the region.32Inother words, the AICHR fails to recognize the concept of the responsibility to protect.The summary of the factors, both substantive and procedural, that contribute to the inefectiveness of the ASEAN human rights system can be seen in the table below.
30The AICHR does not provide a protective mechanism in receiving complaints from individuals or groups.31That is why the AICHR has not actively been involved in dealing with in human rights.violations in the Social Transformation of International..Uti Possidetis: Journal of InternationalLaw, Vol. 4, No. 3 (2023)464 region.32KimberlyRamosGamez.(2017).Examining The ASEAN Intergovernmental Commission on Human Rights (AICHR): The Case Study of The Rohingya Crisis.Tilburg: Tilburg University.