Criticism on Individualistic Human Right Concept in Presumption of Innocence Principle

Muhammad Rustamaji, Bambang Santoso


This acticle analyzes how presumption of innocence principle can mediate between individualistic-liberalistic and human rights concept containing in second principle of Pancasila. Criticism on individualistic aspect underlying protection of human right from the evil doer (offender-based protection), and ignoring social justice of people who suffer loss from crimes is a focus of the writing, and a hot issue in Indonesia nowadays. Introductory review indicated that presumption of innocence in legislation is not placing equal protection for both legal subjects, namely, offender and victim so that a sustained dialectic reaction on the importance of “Human Right and Obligation” concept is emerged. However, do Indonesian cultural and social roots want this unbalanced protection of human rights? It is a question need to criticize considering implementation of presumption of innocence. When historical records were traced, actually second principle of Pancasila describes the desired historical human right records, namely, a civilized and just humanity, and not a liberal individual one. Examination of the presumption of innocence principle in an autonomic law thought viewed as a product of regulation that is a good source for power legitimation, is tried to re-question. Historical reality root of the autonomic regulation, in this case, is viewed narrowly as instrument of social control should be found. Ultimately, the criticism found that the individualistic-liberalistic presumption of innocence was not suitable with social justice theory, the human rights concept containing in second principle of Pancasila, in Preamble of 1954 Constitution and in articles of the 1945 Constitution.

Keywords: Pancasila, human right, social justice.

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ISSN (Paper)2224-3240 ISSN (Online)2224-3259

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