Open AccessLegality of Restrictions on Human Rights in a State of Military Emergency in Indonesia
Author(s) -
Muliadi Muliadi,
A. Muin Fahmal,
Muhammad Syarief Nuh,
Baharuddin Hamzah
Publication year - 2021
Publication title -
journal of humanities and social sciences studies
Language(s) - English
Resource type - Journals
ISSN - 2663-7197
DOI - 10.32996/jhsss.2021.3.1.1
Subject(s) - principle of legality , human rights , state of emergency , normative , law , state (computer science) , political science , fundamental rights , government (linguistics) , law and economics , sociology , politics , computer science , linguistics , philosophy , algorithm
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.