Legal Reconstruction Of Laws Regarding Human Rights Through Judicial Review To The Constitutional Court

Abstract

This research on legal reconstruction of laws that conflict with human rights through judicial review to the
Constitutional Court, is a normative legal research study using secondary data in the form of primary legal
material in the form of the 1945 Constitution of the Republic of Indonesia, the Constitutional Court Law, Human
Rights Law, Constitutional Court decisions, and material Secondary law in the form of research results that
have been done by previous researchers. This study aims to analyze the normalization of human rights in the
1945 Constitution of the Republic of Indonesia and the Human Rights Law, and find legal reconstruction of laws
that conflict with human rights through a judicial review to the Constitutional Court. Studies show p enormaan
Human Rights In 1945 the Constitution NRI loaded in the articles of the 1945 Constitution of the Republic
of Indonesia, namely Article 26 paragraph (1), Article 27 paragraph (1) and paragraph (2), Article 28,
Article 29, Article 30, Article 31, Article 33 and Article 34, and Article 28A through Article 28J, while in
Law no. 26 years 199 9 Human rights are divided into 10 groups, namely: (1) Right to Life, (2) Family
Rights and Continuing Progeny, (3) Right to Self-Development, (4) Right to Justice, (5) Right to Personal
Freedom, (6) Right to Sense of Security, (7) Right to Welfare, (8), Participation Rights in Government, (9)
Women’s Rights, and (10) Children’s Rights. Each of these human rights groups is further elaborated on what
provisions constitute human rights and must be protected. For example, the right to life group consists of: (a)
the right to live, maintain life, and improve living standards; (b) the right to peace, security, peace, happiness,
physical and spiritual well-being, and (c) the right to a good and healthy environment. Reconstruction
of the law against laws that conflict with human rights through a judicial review to the Constitutional
Court can be realized by fulfilling the following requirements: (1) Submitted by legal subjects with
human rights who meet the legal standing namely Indonesian Citizens / Citizens Groups or customary law
communities, (2) Test stones (foothold ) konstitus ional is a human rights provisions in the Constitution
NRI 1945, and (3) type pu decision- taken is dikabu the fish, constitutional conditionally constitutional,
conditionally unconstitutional, limited constitutional and formulation of new norms.