REPOSITION OF THE UNIVERSAL DECLARATION OF

HUMAN RIGHTS IN THE STATE LEGAL SYSTEM

Refly Setiawan
Sakarya University Turkey
Email: refly@ubl.ac.id
Nur Rohim Yunus
Email: nurrohimyunus@uinjkt.ac.id
Universitas Islam Negeri Syarif Hidayatullah Jakarta
Siti Ngainnur Rohmah
Institut Agama Islam Al-Zaytun Indonesia (IAI AL-AZIS)
Email: siti.ngainnur@iai-alzaytun.ac.id

Abstract
The Universal Declaration of Human Rights (UDHR) is the foundational human rights
declaration. The United Nations adopted it on December 10, 1948. The Universal
Declaration of Human Rights is a global reference that establishes universal principles
for achieving human rights. Although the Universal Declaration of Human Rights lacks
official legal power, its fundamental concepts have become universal standards and are
regarded as international law by many nations. Human rights have been codified in
numerous international, national, provincial, and local/municipal legal texts. In this
piece, the author employs a qualitative descriptive research methodology. It is said to be
'universal' because this right is stated to be a part of every human being's humanity,
regardless of skin color, gender, culture, or religion; and it is said to be 'attached'
because anyone possesses this right by virtue of his birth as a human being and not
because of the grant of any authority institution. This privilege cannot be revoked by
anyone because it is "attached." On the basis of the articles of all applicable Indonesian
constitutions, it is possible to assert that the conceptualization of human rights in
Indonesia has undergone a rigorous and protracted dialectical process. Incorporating
human rights into the constitution demonstrates a commitment to upholding the law and
human rights. In addition, different human rights provisions in the Indonesian
constitution have been crafted to satisfy the needs and requirements for human rights
protection in the personal, family, community, and national contexts.
Keywords: Declaration; UDHR; Human rights

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INTRODUCTION
People were the first creatures that God made to reflect his likeness. As
a consequence of this, they have been in possession of human rights that are
inalienable, cannot be violated by anyone, and cannot be altered in any way.
Human rights are the most fundamental individual rights, and they include the
right to life in all of its political, legal, economic, social, and cultural
expressions. These rights are regarded as the most fundamental individual
rights. This right is a fundamental requirement that must be met by each and
every individual and group of individuals, irrespective of their race, religion,
gender, or any other distinguishing traits. Everyone's rights, not just human
rights, need to be preserved in order to eliminate or significantly cut back on
the many forms of arbitrary state acts and policies that are taken against
particular persons. There is a widespread problem with violations of human
rights. Human rights crimes committed against the Rohingya people are one
example of the transgressions that took place.
As the 20th century came to a close, the International Covenant on Civil
and Political Rights (ICCPR) and the International Covenant on Economic,
Social, and Cultural Rights (ICESCR), which guaranteed these rights, were
promised to individuals by the state. The fight for human rights experienced
both highs and lows throughout the course of the century. in the Universal
Declaration of Human Rights (UDHR) from 1948, which was the impetus for
opposition to the human rights movement. The protection of human beings as
a matter of international law is one of the challenges that the world must
confront in the present day.
The efforts that have been made all over the world to protect individuals
have led to the development of a new legal framework that is based on Article
14 of the Universal Declaration of Human Rights from 1948. This article
affirms the right of individuals to seek protection from persecution in a
foreign country. The United Nations Convention on the Status of Refugees
from 1951 serves as the primary legal foundation for the modern-day
protection of refugees from around the world. All refugees are in the same
position, which is to say that they must defend the rights of others because
they cannot return to their home country.
DUHAM was established as a response to the oppression perpetrated by
Hitler and Mussolini through their respective ideologies of fascism and
Nazism, both of which undermined human dignity at its core. In a similar

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vein, the horrors committed by Stalin, who used his unchecked power to
destroy human values, are an example. The Universal Declaration of Human
Rights (UDHR) in this context is not a reflection of the individualistic
principles that are prevalent in the West; rather, the UDHR was conceived as a
means of preserving the dignity of those people who were on the periphery of
society in the West at the time. From this point of view, it becomes clear that
the realization of a more civilized and improved form of human dignity is the
driving force behind the necessity and indispensability of human rights. 1
The declaration of the United Nations General Assembly on Human
Rights on December 10, 1948, known as the Universal Declaration of Human
Rights, also commonly abbreviated as DUHAM, was the first universal
formulation regarding fundamental rights that are universal and must be
protected. This declaration was relatively widely accepted at the time. 2 This
declaration lays out fundamental rights that, due to the fact that they are
deemed to be inherent in every person as a result of their humanity, they are
obligated to be preserved and respected by the state, society, and all
individuals. Because the loss of these fundamental rights would result in the
loss of a person's human identity, it is fundamentally impossible for these
rights to be taken away from a person or revoked in any way. 3 The application
of a sentence that is based on a law that is currently in effect may, however,
result in the loss of some of these rights under specific conditions and for a
very restricted set of reasons.4
The concept of human rights is a right as a gift from God Almighty that
is inherent in human beings, is natural, universal, and eternal, and is related to
human dignity. Since human rights are the fundamental rights of all human
beings, regardless of any differences, this means that the concept of human
rights is a right. Every recognized and respected human being possesses the
same human rights, regardless of gender, skin color, nationality, religion, age,
political beliefs, social standing, language, or any other status. This is true
regardless of any other status as well. The people of Indonesia are aware that
human rights are not static concepts but rather have a long and complex

1 Aulia Rosa Nasution, Kebebasan Beragama Dalam Tinjauan Hak Asasi Manusia. Jurnal Hukum
Responsif FH UNPAB Vol. 6 No. 6. November (2018).
2 Al Yasa’ Abu Bakar. Metode Istishlahiah Pemanfaatan Ilmu Pengetahuan Dalam Ushul Fiqih. Banda
Aceh: Bandar
Publishing, cet. I. (2012). hlm. 111
3 A. Mansyur Efendi, Perkembangan Dimensi Hak Asasi Manusia (HAM) & Proses Dinamika
Penyusunan Hak
Asasi Manusia (HANKAM). Cet. I. Bogor: Ghalia Indonesia. (2005). hlm. 9
4 Mizaj Iskandar, HAM dalam Prespektif Islam. Wahana Kajian Hukum Islam Pranata Sosial. Vol. 19,
No. 1. (2017).

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history, and that their actualization is something that evolves over time in the
context of society, the nation, and the state.5

METHODS
In the course of writing this research, we will be using a normative-
empirical research approach. The method of research known as normative or
doctrinal research is a type of research that looks at written regulations, legal
principles, and legal doctrines in order to find answers to questions regarding
current legal issues.6 A qualitative descriptive method was used to analyze the
data that was obtained from the study. This method involves the data being
obtained, arranged systematically after being selected based on the problems,
and then checked for conformity with the applicable provisions.

RESULTS AND DISCUSSION 1. History of the Development of Human

Rights a. Medina Charter “Shahifatul Madinah”
The Medina Charter, also known as the Medina constitution and
referred to by Muslims as the shahifatul madinah, is a document that was
drafted by the Prophet Muhammad SAW in the year 622 AD as a formal
agreement between himself (as the leader) and all of the important tribes and
clans in Yathrib, which this charter later changed its name to become Medina.
It is known as the Medina Charter. This charter was written in as much detail
as was feasible with the primary goal of putting an end to the violent struggle
that had been raging in Medina between the Bani 'Aus and the Bani Khazraj.7
It was declared at the beginning of the Medina Charter that "all human
beings are one people (umatan wahidah), who were born from the same
source." This was done in reference to the fact that all humans descended from
a single ancestor. In this sense, it recommends to us that fundamentally every
individual human or group has equal rights among all other human beings and
that there is no distinction in any regard, such as skin color, race, nation, and
so on. However, according to Islam, there is one feature of human beings that
makes a difference and has a higher degree than other people, and that is

5 Masyhur Effendi, Perkembangan dimensi Hak Asasi Manusia (HAM). Bogor: Ghalia Indonesia. 2005.
hlm. 259
6 Peter Mahmud Marzuki, Penelitian Hukum. Jakarta: Kencana. (2012). hlm. 35
7 Ridhatullah Assya’bani. Hak Asasi Manusia (HAM) Dalam Islam: Menelusuri Konsep Ham Dalam
Piagam Madinah. Al Falah, Vol. XVIII No. 2 Tahun 2018.

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worship and faith in Allah. All human beings are equal before the creator, but
this aspect of human beings in
Islam is what makes a difference.8
The Medina Charter is a political charter that outlines guidelines for
Muslims (Muhajirin and Ansar), Christians, Jews, and Paganists in the city of
Medina to follow in order to coexist peacefully. The Medina Charter is the
result of the Prophet's conception, which was inspired by the Koran. In
essence, it contains freedom of religion, the right of each group to regulate life
according to their beliefs, economic independence between groups, human
rights, and others.
Additionally, it emphasizes the existence of a general obligation, which is
participation in joint defense efforts against external enemies and joint bearing
of the costs of war.9

b. Magna Charta
Although the Magna Charta, which was published in England in 1215
and is commonly referred to as the "forerunner" of human rights, this
description is not entirely accurate, the idea that it was the "forerunner" of
human rights is widespread. The Magna Charta document solely contains a
"political conspiracy" between King John and the nobles over the division of
authority, particularly in order to decrease the power of the king. Even if it
touched some of the rights and liberties of the common people, what was
being fought for was the interests of the aristocrats.
Human rights were more essential than the power of the monarch, and
the protection of citizens' rights was always based on legal rules. The
principles that were put forward by the British nobles regulated the limits of
the king's power.
The United Kingdom has a long tradition of being a leader in the
battle for human rights across Europe. Additionally, the United Kingdom is
home to a great number of national philosophers that advocate for human
rights, such as John Locke, who is widely regarded as the person who first
articulated the idea of human rights in Western philosophy. The two historical
records that are going to be discussed both provide insight into the past of the
fight for human rights in the United Kingdom. The first important document is
the Magna Charta Libertatum (1215), which was ratified by King John

8 Ridhatullah Assya’bani. Hak Asasi Manusia (HAM) Dalam Islam: Menelusuri Konsep Ham Dalam
Piagam Madinah. Al Falah, Vol. XVIII No. 2 Tahun 2018.
9 Siti Muhibah. Meneladani Gaya Kepemimpinan Rasulullah SAW (Upaya Menegakkan Nilai-nilai
Toleransi antar umat beragama). Volume 4, Nomor 1 Juni 2018.

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Lockland in that year. This clause is frequently cited as the point of departure
for the concept of human rights. The nobles and the king came to an
agreement in the Magna Carta about how power should be distributed. The
control of the rights of citizens on the basis of legal principles is the Magna
Charta's core purpose. One of these is the outlawing of arbitrary punishment
and detention, as well as the seizure and sale of personal property. The second
topic is the Bill of Rights (1689). This treaty was a response to the English
revolution of 1688, which resulted in the overthrow of the monarchy. The Bill
of Rights placed a significant amount of emphasis on the rights of citizens and
included provisions for the removal of the king.

c. Bill of Rights (1689)

The International Bill of Rights, often known as the Universal
Declaration of Human Rights (UDHR), is the primary document that governs
the most fundamental rights and liberties enjoyed by all people. 10
The "Glorious Revolution" (revolution without bloodshed) in 1688 led
to the creation of the Bill of Rights. This revolution was the result of the
struggle of the English parliament against the kings of the Stuart Dynasty and
subduing the Monarchy under the authority of the English parliament. The
"Glorious Revolution" was a bloodless revolution. A regulating legislation that
outlines the rights and liberties of individuals and establishes the line of
succession for the king is at the core of the Bill of Rights.11
In the annals of human rights advocacy, the adoption of the
Declaration of Independence by the United States of America in 1776 is seen
as a watershed moment. The American people began their fight for a bill of
rights in 1789, which would later be incorporated into the United States
Constitution in 1791. The bill was dubbed the Bill of Rights.
In general, the rights that are fought for are political rights. Some
examples of these rights include the right to equality, the right to liberty, and
the right to vote. As was said earlier, the notions of legal and political
philosophy that were evolving at that time had a significant impact on this
conflict. One example of this is the concept of natural law, which was

10 Rhona K.M. Smith, et.al. Hukum Hak Asasi Manusia. Yogyakarta: PUSHAM UII. (2010). hlm. 88.
11 H.A Prayitno, Trubusrahardiansah T, Kebangsaan, Demokrasi Dan Hak Asasi Manusia. Jakarta:
Universitas Tri Sakti. Juni. (2008). hlm. 129.

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developed by John Locke (16321714) and Jean-Jacques Rousseau (1712-
1778).
Article 2, which regulates the fundamental principles of equality and
nondiscrimination with regard to the fulfillment of human rights and
fundamental freedoms, prohibits "differences of any kind such as race, color,
sex, language, religion, politics or different opinions, national, ethnic or social
origin, property, birth or other status." This provision is part of the regulation
that governs the basic principles of equality and non-discrimination.

d. Declaration of İndependence (1776)

In addition to England, the United States and France are two additional
countries that have played an active role in the fight to defend human rights
throughout history. This can be observed from the Declaration of
Independence that was written in 1776, which was a declaration of
independence that created the basis for the people of the United States to be
free from the tyranny of the British.
The ideas expressed in this declaration were derived from the work of John
Locke and other European philosophers, including Montesquieu and J.J.
Rosseau, among others from France. As a consequence of this, the structure is
virtually identical to the one used in French.12
The adoption of the Declaration of Independence by the American
people in 1776 served as the impetus for their nation's independence from
British authority. The principles that were reflected in this declaration were
originally derived from the philosophies of John Locke (1689-1755) and J.J.
Rosseau (17121778). Thomas Jefferson, who later went on to become the
president of the United States, is credited with drafting this declaration, which
includes the passage that reads as follows (Mansyur Effendi, 2005): "We
consider these (following) truths self-explanatory: that all human beings are
created equal; that their creator has granted them certain inalienable rights;
that among these rights is the right to life, freedom, and the pursuit of
happiness." That in order for people to be able to guarantee these rights, they
form a government, which then gains the appropriate power based on the
consent that is ordered. That anytime a system of government works against
the accomplishment of these goals, the people have the right to reform it or
get rid of it."
The declaration made in French is actually quite similar to the
formulation that has been presented above. The distinction between the two is

12 Izzuddin Washil, Ahmad Khoirul Fata, Ham Islam Dan Duham PBB: Sebuah Ikhtiar Mencari Titik
Temu. MIQOT Vol. XLI No. 2 Juli-Desember (2017).

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that the United States statement does not use the term God but rather "The
Creator." For example, the United States declaration states, "All Men Are
Created Equal and Are Endowed by Their Creator with Certain Unalienable
Rights." The American and French declarations of independence are the first
"Coherent Catalogues of Fundamental Rights and Freedoms" and are referred
to as "Human rights," whereas the Magna Charta and the Bill of Rights are
concessions obtained by the king. Therefore, the declaration is the first step in
the development of the concept of "Human Rights."13

e. Declaration Des Droit de L’home et du Citoyen (1789)

Following the French Revolution, the French people issued a
declaration recognizing human rights, which included a prohibition on arrests
made at the arbitrator's whim (without reason). It is known as the Declaration
of the Rights of Man and the Citizen in France. This document, which forms
the basis of the French Revolution and contains provisions regarding the
principles of constitutional government, rule of law, and basic rights of
citizens, is known as the Declaration des droits de l'homme et du citoye in
France. Then, in the year 1948, the United Nations produced a declaration on
human rights through the Universal Declaration of Human Rights (UN
UDHR), also known as the General Declaration of Human Rights (GDHR).
The UN UDHR is comprised of thirty articles.14

f. The 4 Freedom (1789)

It was stated in one of the speeches that the President of the United
States delivered in front of Congress on January 6, 1941, that it was necessary
to protect and defend human rights, which at that time, their dignity and
essence as beings who existed had been trampled on by the aggressors of Nazi
Germany. This was stated in one of the speeches that the President of the
United States delivered. The rights that President Roosevelt was referring to
are commonly referred to as "The Four Freedoms" or simply the four
freedoms. These rights are as follows: (a) Freedom of Religion; (b) Freedom
of Speech and Thought; (c) Freedom from Wants; and (d) Freedom from Fear.
In a manner that is consistent with the history of the process of
democratic progress, which was initially restricted to political democracy, the

13 H.A Prayitno, Trubusrahardiansah T, Kebangsaan, Demokrasi dan Hak Asasi Manusia. Jakarta:
Universitas Tri Sakti. Juni (2008). hlm 29-130.
14 Alison Dundes Renteln, The Concept of Human Right. dalam Anthropos, Bd. 83, (1988). h.-6.

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history of the process of articulating human rights that took place in the
Western world follows suit. Before the 18th century, the acknowledgment of
human rights was still restricted to rights that were solely political in nature,
such as equal rights to liberty, the right to independence, and so on. This
continued until the 18th century. but topics of human rights in relation to
social issues, economic topics, cultural topics, educational topics, and so on
have not been discussed at all. The concept of natural law had a significant
impact on the development of rights in the eighteenth and nineteenth
centuries, when such rights were first articulated (Natural Law).

g. Preamble to the 1945 Constitution

The Medina Charter and the Constitution of 1945 both have clauses in
them that discuss the foundation of religious harmony. Which indicates that
followers of various religions are required to coexist peacefully. It is
unacceptable to let differences in religious practice stand in the way of social
cohesion.15
The Constitution of the Republic of Indonesia of 1945, which
establishes freedom of expression as part of the basic law, is a broad
agreement (consensus) reached by citizens about fundamental norms
(grundnrom) and fundamental rules (grundgesetze) in the functioning of the
state. This agreement is largely concerned with common aims and aspirations,
the rule of law as the foundation for governing the state, as well as the
institutions and procedures that make up the forms of administration for the
state. According to this Law, Indonesia is a country that is built on law (also
known as a machtssstaat), rather than a country that is based on simple
authority (machtsstaat). In addition, the nation abides by a constitutional
system, which means that the government is founded on the constitution
(basic law), rather than on absolute power (unlimited power). The
Constitution acts as a guideline for the implementation of "constitutional
democracy," which refers to the practice of democracy whose ideological and
teleological goals are the formation and fulfillment of a constitution. This
practice of democracy was named after the document that serves as its guiding
document.16

15 Ahmad Sukardja, Piagam Madinah dan Undang-Undang Dasar 1945, Jakarta, Sinar Grafika, 2012.
hlm.5
16 Materi Sosialisasi Empat Pilar MPR RI. Jakarta: Sekretariat Jendral MPR RI. (2015). hlm. 4.

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h. Universal Declaration of Human Rights by the United Nations
The Declaration or Universal Declaration of Human Rights is a 1948
recommendation accepted and ratified by the United Nations General
Assembly. The UN has issued a statement on human rights and set a number
of guidelines in order to defend the human rights of every citizen in every
country. There are thirty articles included in the Universal Declaration of
Human Rights.
In 1948, the United States General Assembly issued the Universal
Declaration of Human Rights, which included a list of fundamental human
rights as "a common standard of success for all persons and nations"
(preamble). Since then, numerous other instruments in the form of legally
binding international agreements or global or regional declarations with no
legal force have been approved. These texts contain more information on the
rights enumerated in the Universal Declaration of Human Rights, or they
explore other rights.17
Prior to the formation of the Universal Declaration of Human Rights,
historically there were actually several provisions governing human rights.
The provisions referred to include: 1). Magna Charta, England (1215); 2). Bill
of Rights, England (1689); 3). Declaration of Independence, USA (1776); 4).
Bill of Rights USA.

2. The Characteristics of Human Rights

a. Human rights are the scientific rights inherent in every human being at
birth.
Human rights who have rights are humans (individuals), apart from
individuals (humans) no one has human rights. This means that only human
individuals have human rights.18
Adhering to this fundamental restriction, it is possible to assert that
human rights have existed as long as humans have, as there is only one
prerequisite for having human rights: being a human being. The issue is how
the law governs human rights as a norm established by authorities with
binding and coercive authority.19
17 Adnan Buyung Nasution, Peter Baehr, Pieter Van Dijk, Leo Zwaak, “Instrumen Internasional Poko
Hak-Hak Asasi Manusia.” Jakarta: Yayasan Obor Indonesia (1997). hlm. xv.
18 Syamsuddin Radjab, Perbedaan Rezim Ham Dan Rezim Pidana. Jurnal Al-Daulah. Vol. 3 No. 2.
Desember (2014).
19 I Nyoman Surata, Sejarah Perkembangan Konsep Hak Asasi Manusia. Kertha Widya Jurnal Hukum
Vol. 2 No. 1 Agustus (2014).

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There are three components of human rights that need to be preserved
in order to establish human freedom to act in accordance with the standards
that are in place. If we consistently remember to respect human dignity, these
three areas have the potential to go swimmingly. Every person has their own
set of rights, and those rights must be respected by everyone else. In light of
the widespread perception that human rights in Indonesia are not being
adequately protected or promoted, the Indonesian government is obligated to
address this problem. The Constitution of the Republic of Indonesia, which
was written in 1945, includes provisions for the protection of human rights.
The preamble to the Constitution that was ratified in 1945 as well as the
articles that were ratified in 1945 all included statements regarding human
rights. According to the law, everyone possesses rights such as the right to
work, education, and health insurance, amongst other rights. Therefore, the
government should always give comfort and welfare to the society in order to
ensure that people have access to education, employment, and adequate
medical care. The people need to be given what it is that they have earned.
They are required to receive assistance since society is a very significant
component of the state.20

b. Human Rights are Means of Maintaining Human Dignity and Human

Dignity according to His Noble Human Nature
The Universal Declaration of Human Rights (UDHR) is a reflection
that underpins the revolutionary aspirations for all countries around the world.
It was declared by the general assembly as a common standard of achievement
for all peoples and countries with the intention that every individual and social
organization, always remember this declaration by working to promote respect
for these rights and freedoms through teaching and education, and through
other means progressive, both national and international scope, to guarantee
universal and effective recognition and compliance, both among the peoples
of the member countries of the United Nations.
The president of the General Assembly noted that the adoption of this
proclamation was a major achievement, a step ahead in a great evolutionary
process. Forty-eight countries supported the declaration, none opposed it, and
eight countries did not vote. This is the very first time that an organized
community of nations has made a declaration of human rights and
fundamental freedoms, and it took place at this particular event.

20 Oka Ardiya Putra, Anita Trisiana, Leni Safitri, Perlindungan Ham Dalam Menciptakan
Kesejahteraan Masyarakat. Jurnal Global Citizen. Jurnal Ilmiah Kajian Pendidikan Kewarganegaraan. JGC
X (1) (2021).

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 A prologue and thirty articles that regulate human rights and
fundamental freedoms are included in the Declaration. These rights and
freedoms are universal, meaning that everyone, regardless of gender or
location, is entitled to them. The conceptual groundwork is laid out in Article
1, which declares that "All human beings are born equal and free in their
rights and dignity."
They have been given the gifts of reason and conscience, and they are
obligated to treat one another with a sense of brotherhood. As a result, the
basic assumptions have been defined by the article in the form of a
declaration, which states that the right to freedom and equality is a right that
humans are born with, which cannot be revoked and cannot be discriminated
against; and because humans are rational and moral beings, humans are
different from other creatures on earth, and as a result, humans are entitled to
certain rights and freedoms that are not enjoyed by other creatures.21

c. Universal Declaration of Human Rights (UDHR)

The Universal Declaration of Human Rights (UDHR) is a form of standard
human rights agreement (HAM) that applies universally. This universality
implies that everyone, in whatever country he is located, has the same right to
life.22
The conclusion of World War II and the atrocities committed by Nazi
Germany against millions of Jews during the Holocaust served as the impetus
for the creation of the Universal Declaration of Human Rights (UDHR). On
December 10, 1948, in Paris, France, the General Assembly of the United
Nations formally approved and adopted the declaration. Even though the idea
of human rights did not emerge until the 17th and 18th centuries after the
common era (AD) and was established in Europe and the United States, its
roots can be found in the more honorable traditions of earlier eras. Long
before the rationalistic and secular conception of human rights came into
existence, the religious traditions that were present in a variety of ancient
civilizations had already laid a foundation that was sufficient for the formation
of human rights. Even while it is not sufficient on its own to create a human

21 H.A Prayitno, Trubusra Hardiansah, Kebangsaan, Demokrasi dan Hak Asasi Manusia. Jakarta:
Universitas Tri Sakti. (2008). hlm. 132.
22 DUHAM atau Universal Declaration of Human Rights (UDHR) adalah resolusi 217 A yang
diadopsi oleh Majelis Umum PBB pada tanggal 10 Desember 1948 di Paris, Prancis. Deklarasi ini berisikan
30 pasal yang secara keseluruhan memuat jaminan hak yang fundamental yang tidak dapat dicabut
sebagaimana seseorang tidak dapat dicabut atau tidak diakui sebagai human being.

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rights foundation for a plural society, this religious tradition is a potential
alternative for greater human rights enforcement. This is because it provides a
framework for human rights.23
The Indonesian Constitution, Viewed Through the Lens of Human
Rights (HAM) Realizing the long history of universal humanity with all of its
dynamics has had an influence on the development of thought, particularly
within the Indonesian state administration, and this is an important point to
note. It is also important to note that this realization has had an influence on
the development of thought. It has come to everyone's attention that concepts
of human rights do not magically materialize out of thin air, free of the "cost"
of significant effort and personal sacrifice. Aside from that, it is difficult to
conceive of a sincere commitment to bolstering, implementing, and defending
human rights without being linked to the basis and evidence of awareness of
the meaning and purpose of the human person's life itself. This is because it is
difficult to imagine a human being living their life without a sense of the
meaning and purpose of their own existence.24

CONCLUSIONS
The Universal Declaration of Human Rights is a document that was
approved by the General Assembly of the United Nations on December 10,
1948, at the Palais de Chaillot in Paris, France, in accordance with Resolution
217 A of the General Assembly of the United Nations (III). This declaration is
a general guideline saying that human rights should be protected
internationally.
The western world, which includes Europe, was the first to speak up for
human rights; but, if one looks at the history of human rights, one can see that
England was the primary voice pushing for change. John Locke, a philosopher
who lived in England during the 17th century, is credited with articulating
concepts or formulating natural rights. His name is associated with this body
of work. The publication of the Magna Charta, the outbreak of the American
revolution, and the beginning of the French revolution were three significant
events that left an indelible mark on the progression of human rights in the
western world.

23 Izzuddin Washil, Ahmad Khoirul Fata, Ham Islam Dan Duham PBB: Sebuah Ikhtiar Mencari Titik
Temu.
MIQOT Vol. XLI No. 2 Juli-Desember (2017).
24 Majda El-Muhtaj. Hak Asasi Manusia dalam konstitusi Indonesia. Jakarta: Prenanda Media. (2009).
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