The Regulation and Concept of Citizen Lawsuits in the Perspective of Positive Law in Indonesia as an Effort to Fulfill Constitutional Rights

Abstract

The regulation and concept of citizen lawsuits in the perspective of positive law in Indonesia is an important part of efforts to fulfill the constitutional rights of citizens. In this context, Citizen Lawsuit plays an important role in facilitating citizens' access to the justice system to protect their rights as well as ensure the accountability of governments and other entities. Citizen Lawsuit regulation in Indonesia is still limited and faces a legal vacuum that needs to be addressed. Although some laws, such as the Environmental Act, provide space for public participation in the court process, there are no provisions that specifically regulate the Citizen Lawsuit mechanism as a whole. This research is a study of the concept and regulation of citizen lawsuits in Indonesia as the fulfillment of citizens' constitutional rights so that the right type of approach to be used includes a conceptual approach, a legal approach and a comparative approach. The fulfillment of citizens' constitutional rights through the Citizen Lawsuit requires concrete steps, including the drafting of laws that clearly regulate the process, conditions, and mechanisms of the Citizen Lawsuit. The drafting of such legislation should take into account the principles of positive law and the protection of internationally recognized human rights. In addition, public education about their rights and the importance of the Citizen Lawsuit as a tool to protect these rights is also an integral part of efforts to fulfill constitutional rights. Thus, the regulation and concept of Citizen Lawsuit in Indonesia must continue to be developed to ensure effective protection of citizens' rights and strengthen a fair and accountable legal system.