ANALISIS HUKUM EKONOMI TERHADAP PEMBERLAKUAN PRINSIP KEMANUSIAAN DALAM PENEGAKAN HUKUM DI INDONESIA

Abstract

The characteristic of post-traditional (post-feudal) law is that the law must be in accordance with human rights. In his writing "The Jewish Question" Karl Marx gave a deep critique of the human rights ideology. The core of Marx's critique is that the human rights ideology views humans not as humans, but as members of bourgeois society. Marxists usually assume that what works behind humans' backs and directs them are economic forces and their political implications. Even in Das Kapital, Marx uses the concept of "disabled humans". Pancasila was formulated several years before the United Nations General Assembly (UN) issued the Universal Declaration of Human Rights (UDHR) in 1948. However, the content of the state's foundations first put forward by Soekarno in 1945 was very visionary and preceded world concerns about the protection of Human Rights as stated in the UDHR. This fact confirms that although Pancasila was born from the local thoughts of the Indonesian people, the views contained therein are very modern. Pancasila as a whole contains universally recognized principles of state administration such as respect for human dignity or humanity, freedom, equality, and social justice. The meaning of these Principles will be clear by looking at Soekarno's thoughts when he first conveyed his ideas in front of the Investigating Committee for Preparatory Work for Independence (BPUPK) on June 1, 1945. This article, in addition to trying to analyze humanity in the tradition of Marxism, Pancasila and UDHR, also tries to show the harmony of the three in terms of humanity and shows the concept of "human nature" which was originally not used for thousands of years by many rulers and since UDHR has begun to be taken into account in regulations and laws related to what everyone claims as "human nature" is still needed in law enforcement in Indonesia based on the approach/analysis of economic law.