Sodikin Sodikin

Perlindungan Atas Hak Kehidupan (Right To Life) Masyarakat Rempang

Introduction

Perlindungan atas hak kehidupan (right to life) masyarakat rempang . Investigasi perlindungan hukum atas Hak Kehidupan dan lingkungan sehat bagi masyarakat Rempang. Mengulas konstitusi, UU Lingkungan, HAM, dan konvensi internasional.

Abstract

The right to life includes the entitlement of every individual to a good and healthy environment. It is essential for the state to protect these human rights, including the right to life of the Rempang community. The focus of this writing is to investigate how the right to life of the Rempang residents is safeguarded under existing laws and regulations. The research employs a normative juridical method, aiming to identify and formulate legal arguments through problem analysis. The findings indicate that, constitutionally, the Rempang community's rights are guaranteed by Article 28H, paragraph (1) of the 1945 Constitution. These rights are further implemented through various laws, including Law Number 32 of 2009 concerning Environmental Protection and Management, Law Number 39 of 1999 concerning Human Rights, and Law Number 17 of 2023 concerning Health. In addition to these national laws, several international conventions also address the right to a healthy environment, which serves as a foundation for states to develop policies that protect human rights within the community. There is also a pressing need for reaffirming law enforcement in regards to human rights, particularly the right to a good and healthy environment, as mandated by existing laws and regulations. The government is expected to act in order to protect, fulfill, and respect human rights, especially the right to a good and healthy environment, at all levels of society

Review

This paper, "Perlindungan Atas Hak Kehidupan (Right To Life) Masyarakat Rempang," addresses a highly pertinent and critical issue concerning the human rights of a specific community, the Rempang residents. The abstract clearly establishes the premise that the right to life encompasses the entitlement to a good and healthy environment, underscoring the state's fundamental obligation to protect these rights. Utilizing a normative juridical methodology, the research aims to systematically identify and formulate legal arguments regarding how the right to life for the Rempang community is safeguarded under existing legal frameworks. The topic's relevance is particularly strong given contemporary discussions around community displacement and environmental impacts in Indonesia, making this a timely and valuable contribution to legal discourse. The findings presented in the abstract indicate a robust constitutional and legislative basis for the protection of the Rempang community's rights. Specifically, Article 28H, paragraph (1) of the 1945 Constitution provides the foundational guarantee, which is subsequently elaborated and implemented through key national legislation such as Law Number 32 of 2009 on Environmental Protection and Management, Law Number 39 of 1999 on Human Rights, and Law Number 17 of 2023 on Health. The paper further strengthens its arguments by acknowledging the role of international conventions in guiding state policies for human rights protection. Crucially, the abstract highlights a "pressing need for reaffirming law enforcement" concerning these rights, especially the right to a good and healthy environment, signaling that while the legal framework exists, its practical application and enforcement are critical areas of concern. While the abstract successfully outlines the comprehensive legal scaffolding for the right to life and a healthy environment for the Rempang community, its primary focus remains on the *existence* of these legal provisions. For a normative juridical study, this approach effectively identifies the legal guarantees. However, to further amplify its impact, a more explicit engagement with the *mechanisms* or *instances* of enforcement failure, or a deeper dive into the specific challenges faced by the Rempang community in accessing these rights, would be beneficial, even if only briefly introduced in the abstract. The call for the government to act in order to "protect, fulfill, and respect human rights" suggests that the paper likely delves into these practical gaps. Overall, this paper offers a valuable contribution to the discourse on human rights and environmental justice in Indonesia, providing a solid legal foundation for understanding the protections that *should* be afforded to communities like Rempang.

Full Text

Comments

You need to be logged in to post a comment.