ROMANTISME HUKUM HINDU DAN HUKUM NORMATIF DALAM HAK ASASI MANUSIA

Abstract

The source of Hindu law is found in the Manawa Dharmasastra Book which consists of five parts, namely: Sruti, Smrti, Sila, Events and Atmanastuti. The concept of human rights is contained in the Vedas, namely the Veda Sruti and Veda Smerti. There is equality in the Bhagavad Gita not only for humans but also for all living creatures, this can be read in the Sloka (Bhagavad Gita 5.18), while in normative law the basics of human rights law are stated in the 1945 Constitution of the Republic of Indonesia, Article 27 paragraph 1, Article 28, Article 29 paragraph 2, Article 30 paragraph 1, and Article 31 paragraph 1 (2). The law means that human rights consist of rights inherent in the nature and existence of humans as creatures of God Almighty and are His gifts which must be respected, upheld and protected by the state, law, government and every person for the sake of honor and protection of dignity. and human dignity (Article 1 paragraph 1 of Law No.39 of 1999 concerning Human Rights and Law No.26 of 2000 concerning Human Rights Courts), then Pancasila as a source of human rights values ​​contains three human rights values, namely ideal values, instrumental values, and practical. These values ​​serve as guidelines for upholding human rights in everyday life in society. The normative value that most underlies Human Rights (HAM) is human greatness/dignity (human dignity). Human Rights in Hindu law and Normative Law are things that regulate human nature from the womb to birth, so this is where the romance or harmony between the two laws arises.