Legal Literacy - This article critically and comparatively analyzes Human Rights in the national and international order through the perspective of constitutionalism. Let's take a look at the explanation below.

Human Rights (HAM) are values and norms that guarantee and recognize that every human being can enjoy fundamental rights and freedoms inherent in their nature and existence as human beings.[1] The concept of Human Rights that emphasizes its inherent nature in humans has a similar concept to Human Rights outlined by the national legal system. The concept of Human Rights as explicitly stated in Law No. 26 of 2000 Article 1 paragraph (1) not only emphasizes the "inherent" nature but also has a transcendental dimension.

The transcendental dimension in the concept of Human Rights in Indonesia is influenced by the Indonesian constitutional system which does not adhere to the principle of separation or separation from religion. Article 29 paragraph (1) of the 1945 Constitution affirms the state's position and attitude that does not separate religion from the state order. Religion as a metaphysical aspect has become ingrained in the social order of Indonesian society. It is logical and rational that the concept of Human Rights adopted by the Indonesian legal system is Human Rights with a transcendental dimension.

This transcendental dimension of the concept of Human Rights is firmly outlined by the Constitution in Article 28J paragraph (2) as the closing article in Chapter XA on Human Rights. In the article a quo, the concept of Human Rights with a "free" dimension can still experience limitations. One of the parameters for limiting Human Rights in the article a quo is religious values. The central and crucial position of religion as a parameter shows the characteristics of Indonesia's intrinsic values that are different from other nations and countries as a religious nation.

The juridical logical implication is that not all concepts of Human Rights are legitimized in the view of national law. The concept of Human Rights with a humanistic-anthropocentric dimension will not be legitimized and the state is prohibited from granting dispensations or exceptions. The granting of dispensations by the state in this case indicates inconsistency and a form of betrayal of the constitution.