Legality of Restrictions on Human Rights in a State of Military Emergency in Indonesia

https://doi.org/10.32996/jhsss.2021.3.1.1

Authors

  • Muliadi Doctoral Candidates, Universitas Muslim Indonesia
  • A. Muin Fahmal Professor of the Faculty of Law, Universitas Muslim Indonesia
  • Muhammad Syarief Nuh Lecturer in Constitutional Law, Faculty of Law, Universitas Muslim Indonesia
  • Hamzah Baharuddin Lecturer in Constitutional Law, Faculty of Law, Universitas Muslim Indonesia

Keywords:

Legality; Restrictions Human Rights; State of Military Emergency; Indonesia

Abstract

This study aims to look at the legality of human rights restrictions in a military emergency in Indonesia. This research uses a normative legal research type. The choice of this type of normative analysis is related to the formulation of problems that become legal research issues. The findings of this study are that restrictions on human rights in a state of military emergency are justified because the human rights possessed by every human being do not apply, primarily if an army emergency is enforced, all human rights possessed by every human being can be limited to the implementation for the respect of human rights, the enforcement of a military emergency must see the condition of a region whether it is categorized as threatening the life of the nation or not. For this reason, this study recommends that the Government, in imposing restrictions on human rights in a military emergency, must be based on the element of a dangerous threat.

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Published

2021-01-30

How to Cite

Muliadi, A. Muin Fahmal, Nuh, M. S. ., & Baharuddin, H. . (2021). Legality of Restrictions on Human Rights in a State of Military Emergency in Indonesia . Journal of Humanities and Social Sciences Studies, 3(1), 01-06. https://doi.org/10.32996/jhsss.2021.3.1.1