PENERAPAN PRINSIP NEGARA HUKUM DALAM SISTEM HUKUM NASIONAL: STUDI KASUS TENTANG PERLINDUNGAN HAK ASASI MANUSIA

Abstract

The essence of the rule of law intertwines intricately with the safeguarding of legal rights and the ethos of human rights. Indeed, the very fabric of a lawful society entails ensuring legal safeguards against violations of human rights. This discourse undertakes a meticulous examination, employing both normative and jurisprudential methodologies, commonly referred to as the statutory approach. Through an extensive review of pertinent literature addressing human rights and the rule of law, this study delves into the essence of legal protection and its correlation with human rights. The findings of this analysis underscore that the foundational tenets of the rule of law encompass various elements crucial for the protection of human rights. These include the acknowledgment and protection of human rights, the adherence to the trias politica theory wherein the state is divided into legislative, executive, and judicial branches, governance guided by legal principles, the establishment of administrative courts to adjudicate cases of government misconduct, the assurance of legal certainty, equality before the law, the promotion of democratic principles, and governance oriented towards the public welfare.