e-ISSN: 🕮2723-6692 p-ISSN: 2723-6595
Journal of Indonesian Social Sciences, Vol. 5, No. 11, November 2024 3059
understanding that every individual is part of a larger social community. Human rights violations
often occur in various forms, such as discrimination, torture, and arbitrary arrest. These cases of
violations demonstrate the challenges faced in upholding human rights at the national level. In
addition, public awareness about the importance of human rights also needs to be increased so that
each individual can play an active role in fighting for their rights (Haryanti & Hayati, 2019).
The criminal law system in Indonesia is complex and integrated with complete laws and
regulations. Broadly speaking, this system can be divided into three main subsystems:
Material/Substantive Criminal Law, Formal Criminal Law, and Criminal Implementation Law.
Material/substantive criminal law discusses offenses that are threatened by criminal law. This
includes commands and prohibitions that, if violated, are punishable by criminal penalties. For
example, the Penal Code provides a list of prohibited offenses and the penalties associated with each
offense.
The process of implementing criminal laws is the subject of formal criminal law. Formal
criminal law includes regulations that control the application of criminal law, from court decisions to
police investigations and prosecutions. For example, the Criminal Code stipulates
aggravated/extenuated criminal offenses, joint criminal offenses, and ways of criminal offenses
(Marzuki, 2017). Criminal execution law regulates how punishment is imposed and executed. For
example, types of punishment such as confinement, fine, and imprisonment. For example,
imprisonment can last from a minimum of one day to a maximum of one year, while fines can be
replaced with substitute imprisonment if not paid (Tumbel, 2020).
The criminal law system in Indonesia is also influenced by the politics of punishment reflected
in special laws outside the Criminal Code. The term "straf" is defined as criminal, while the term
"punishment" is still general as it also includes civil and state administrative penalties. Indonesia's
criminal law system has challenges related to interpretation and implementation (Wajdi & Imran,
2022). For example, the Criminal Code does not explicitly mention the objectives and guidelines of
punishment, so judges and law enforcement officials must interpret them themselves. This can lead
to uncertainty and imbalance in implementation.
The protection of human rights in the criminal justice system is essential in maintaining justice
and human dignity. The criminal justice system must reflect universal human rights values, such as
legality, presumption of innocence, and equality of opportunity, to ensure that every individual
receives equal treatment before the law without any discrimination (Syafi’ie, 2020). Human rights
protection must be concrete, not just abstract. This means that protection must be translated into real
and effective practice, not just theory. For example, in the criminal justice process, the rights of crime
victims must be explicitly guaranteed so that they are not sidelined in the implementation of the law.
Furthermore, human rights protection must be transparent and fair. Judges, as creators of the law,
have a moral and ethical responsibility to consider the interests of victims in their decisions (Wati,
2020).
Human rights protection is also closely linked to strong legislative mechanisms and legal
frameworks. Constitution No. 39/1999 on Human Rights establishes basic principles of human rights
protection, such as the right to be presumed innocent until proven guilty in a court of law. While the
law sets high standards, implementation is often plagued by real challenges. For example, unequal
access to justice and limited resources can hinder the effective implementation of human rights. In
the face of these challenges, several solutions can be pursued. One is more inclusive and participatory