ABSTRACT

This chapter addresses the relationship between human rights law and private law in Indonesia. It presents various theoretical models for this relationship and asks which models best describe Indonesian practice. To answer this question, the chapter first analyses relevant provisions in the Civil Code. Second, it analyses five judgements, each pertaining to a different subdomain of private law. Third, the chapter analyses circulars from the Supreme Court addressing issues where private law and human rights law intersect. The chapter concludes that no systematic and standardized model exists for the relationship between human rights and private law in Indonesia. However, the Supreme Court has taken the initiative to clarify how particular issues should be dealt with, and the author recommends for such initiatives this be continued and expanded.