Introduction

Legal Literacy - To understand the complex landscape of Human Rights (HAM), it is important to first peel back its fundamental definitions. According to Article 1 number 1 of Law No. 39 of 1999 concerning Human Rights, Human Rights are:
"...a set of rights inherent in the nature and existence of humans as creatures of God Almighty and are His gift which must be respected, upheld and protected by the state, law, Government, and everyone..."
This definition, in line with Prof. Muladi's view that human rights are naturally inherent (inherent) in humans, raises fundamental questions: Where do these rights actually come from? Are they universal and apply equally to everyone, or are they shaped by the cultural diversity of the world? This article will dissect various theories of human rights to answer these questions, starting from the debate over their philosophical sources to an analysis of their application in the Indonesian context.

Part 1: Theories Regarding the Philosophical Sources of Human Rights

The earliest debate in the history of human rights thought centered on the question of the origin or source of the right itself. The two main theories that confront each other in this regard are Natural Law Theory and Positivism Theory.

Natural Law Theory (Natural Law Theory)

The core of natural law theory is the view that human rights come from something higher…