Position of the Universal Declaration of Human Rights (UDHR) in The Legal System in Indonesia

DOI

10.2991/978-94-6463-634-5_17How to use a DOI?

Keywords

UDHR; Human Rights; Legal Status

Abstract

This article analyzes the position of the Universal Declaration of Human Rights (UDHR) in the Indonesian legal system with the aim of understanding the applicability of this international legal instrument in the context of national law, especially since the UDHR is often considered as “soft law.“ This study uses a doctrinal method with an approach that emphasizes the study of legal norms as the main data source. The analysis is conducted on the inclusion of the UDHR in various legal documents in Indonesia, including MPR Decrees, Laws, and Constitutional Court Decisions. The results of the study show that the UDHR appears in various ways in Indonesian legal documents. At the level of MPR Decrees and Laws, the UDHR is included in the “Considering,” body, explanation, and appendices. Meanwhile, in Constitutional Court decisions, references to the UDHR are divided into two categories: as the main basis for legal arguments or as supporting arguments. In conclusion, although there are differences in the way the UDHR is included, its existence in legal documents shows the recognition and importance of the UDHR in the Indonesian legal system. This indicates the strong influence of the UDHR in strengthening human rights protection at the national level, despite its non-binding nature.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - M. Madalina
AU  - Shasa Natasya
PY  - 2024
DA  - 2024/12/27
TI  - Position of the Universal Declaration of Human Rights (UDHR) in The Legal System in Indonesia
BT  - Proceedings of the International Conference for Democracy and National Resilience (ICDNR 2024)
PB  - Atlantis Press
SP  - 144
EP  - 149
SN  - 2667-128X
UR  - https://doi.org/10.2991/978-94-6463-634-5_17
DO  - 10.2991/978-94-6463-634-5_17
ID  - Madalina2024
ER  -