The Case Of Violating The Human Rights And Adopted Fundamental Rights

Abstract

Academic article aims to study the basic principle relating with the type of the case for violating the human rights and adopted fundamental rights and protected according to the Universal Declaration on Human Right; it is the offence under Rome Statute of the International Criminal Court, protection of human rights of European Union, according to Convention on Human Rights and Fundamental Freedom, A.D. 1950 and scope of the case for violating the human rights under the law No. 26 on establishing of human rights court of Republic of Indonesia, A.D. 2000 specifying the object of the accusation of violating the human rights which should bring to develop the law for protecting human rights to extend the provisions of the act appurtenant to the Constitution on the Procedure of the Constitution Court, A.D. 2018, Section 7(11), to be mechanism and criteria for Constitution Court to consider for accepting the case for violating the human rights instead of using discretion to accept the case, when there is considering the acceptance of the case of the act appurtenant to the Constitution on the Procedure of the Constitution Court, A.D. 2018, Section 7(11). Therefore, if there is criteria to create mechanism to Constitution Court to accept considering of the case violating the human rights and create additional discretion as it exists so the certifying and protection of human rights has more effectiveness.