Membedah Isu Pelanggaran HAM di Indonesia: Studi Kasus dan Respons Hukum terhadap Siklus Pelanggaran Sistematis

Abstract

This article analyzes human rights violations in Indonesia, focusing on the systematic cycle of violations involving state apparatus and government policies. Through in-depth analysis of recent case studies such as the repression of protesters, the Kanjuruhan tragedy, conflicts in Papua, and criminalization via UU ITE, the article critically examines legal responses within Indonesia's positive law framework. Legal sources reviewed include the 1945 Constitution of the Republic of Indonesia (UUD 1945), Law No. 39 of 1999 on Human Rights, Law No. 26 of 2000 on Human Rights Courts, Law No. 19 of 2016 on Electronic Information and Transactions (UU ITE), the Criminal Code (KUHP), Law No. 2 of 2002 on Polri, Law No. 34 of 2004 on TNI, and various related Government Regulations (PP) and Presidential Decrees (Keppres). Findings indicate that despite legislative efforts and the establishment of institutions like Komnas HAM, implementation remains weak due to impunity, politicization, lack of accountability, and structural resistance to change. This condition perpetuates a cycle of violations that erodes public trust and hinders democratic consolidation. This study aims to identify the root causes of this cycle and provide comprehensive recommendations for strengthening law enforcement, including structural reforms, enhanced institutional capacity, and the promotion of a human rights culture across all government levels and society. This analysis is relevant for policymakers, legal academics, human rights activists, and the broader Indonesian public in their efforts to achieve substantive justice and comprehensive human rights protection.