Legal Literacy - Human rights (HAM) are natural rights inherent to every individual from birth, which cannot be revoked or reduced by the state under any circumstances [1]. Among the various rights, there is a special category called non-derogable rights, which are absolute rights that cannot be restricted, suspended, or reduced even in a state of emergency. This principle has a strong foundation in various international human rights legal instruments, such as the Universal Declaration of Human Rights (UDHR) 1948 and the International Covenant on Civil and Political Rights (ICCPR) 1966. Specifically, Article 4 of the ICCPR affirms that fundamental rights—such as the right to life, the right to be free from torture, and freedom of religion—may not be reduced even in a public emergency that threatens the existence of the nation [2]. As a state party to the ICCPR, Indonesia has ratified the covenant through Law Number 12 of 2005. At the highest level, recognition of non-derogable rights is explicitly reflected in Article 28I paragraph (1) of the 1945 Constitution:
“The right to life, the right not to be tortured, the right to freedom of thought and conscience, the right to religion, the right not to be enslaved, the right to be recognized as a person before the law, and the right not to be prosecuted on the basis of retroactive law are human rights that cannot be reduced…