THE NATURE OF HUMAN RIGHTS IN LEGAL AID IN CRIMINAL CASES

Abstract

Even though legal aid is a defense of human rights, violations often occur due to conflicting values ​​held by the parties involved in the particular case. Muslim scholars look at the epistemological side of human rights regarding how a person uses their rights, so human rights are considered relative to the cases. Some Western scholars look at the ontological side of human rights that seems absolute, so this problem raises questions: 1) what is the ontology, epistemology, and axiology of human rights 2) what is the position of the party's rights in legal assistance for criminal cases? This study used philosophy as a method and used maqasid as its approach. Based on a philosophical framework (ontology, epistemology, and axiology), this study found that human rights are relational awareness to realize justice. However, in the context of legal aid in court, human rights must be seen as a relationship between those who have rights and those who are obliged to maintain them, so human rights are seen epistemologically.