HUMAN RIGHTS

Human rights are rights owned by human beings since their birth and presence in societal life. In relation to human rights, state has facilitated law apparatus that functions to protect and maintain human rights for the survival of human beings.

For Grade X of SHS – Saint John’s Catholic School, BSD

Definition and forms of human rights.

Legal foundation of human rights in Indonesia.

Legal instrument and international judicature of human rights.

Self-involvement in improving, respecting and maintaining human rights.

Learning Objectives

Human rights

Definition & types of HM

Effort in maintaining HM

National Commission

Ratification of HR Instrument

HR National Action Plan (RANHAM)

Human rights

Instrument

PancasilaThe 1945 Indonesia

Constitution

Law No 39 year 1999

Law No 26 year 2000

International HR Judicature

Instrument of International HR

International HR litigation

Maintaining HR in Indonesia

Concept of Map

HUMAN RIGHTS NATIONAL COMMISSION OF HUMAN

RIGHTS NGO (NON- GOVERNMENT

ORGANIZATION) HUMAN RIGHTS’ VIOLATION HUMAN RIGHTS NATIONAL ACTION PLAN SANCTION

KEY WORDS

A. Definition &

Types of Human Rights

Basic rights that

every human being is entitled as

endowment from God.

1. Definition of Human Rights

The fundamental rights which are

entitled to all human beings as

their nature so that it is pure

matter.

Prof. M. Koentjoro Peorbapranoto

Basic rights that are innate to all human beings

John Locke

Rights that are entitled as the nature and existence of God’s

creature and it is God’s endowment that should be respected, protected

by state, law, government, and everyone for the sake of protecting

human beings’ value.

Law No. 26 Year 2000 on HR

1. Personal rights2. Property rights3. Legal equality rights4. Political rights5. Social and cultural rights6. Procedural rights

2. Types of Human Rights

Freedom which adhere in everyone.1) Religion2) Right to life3) Right to freedom of speech.

Personal Rights

Rights to receive equal

legal protection and government protection

Legal equality rights

1) Ownership rights2) Right to sell and buy

something3) Right to make contracts

Property rights

Right to be recognized as an equal

citizen.1) Rights to elect and to be elected.2) Rights to found a political party or

an organization. 3) Rights to pose a petition, critic,

and suggestion.

Political rights

Right to choose certain education or develop

certain desirable culture.

Social and Cultural rights

Rights to receive the same

treatment on court procedure such as right to receive equal and power treatment in arrest, detention, frisk,

court and legal advocacy.

Procedural rights

Human rights are the most

basic rights that are entitled to all human

beings.

conclusion

B. Indonesian Government

Efforts in Maintaining Human

Rights

1. Establishment of National Commission

of Human Rights(Komnasham)

Human rights enforcement process in Indonesia has commenced since the new order era by issuing Presidential Decree No. 50 Year 1993 on 7th December 1993 on National Commission of Human Rights which is later known as Komnas HAM.

The establishment of National Commission of Human Rights is a follow up of Vienna Declaration and Program Action of the World Conference on Human Rights which has been accepted in the second world conference of Human Rights in Vienna, Austria on 25th June 1993.

Objective of the establishment of National Commission of Human Rights:

1. Developing conducive condition for human rights implementation which is in line with Pancasila, the 1945 Constitution, the United Nations Charter, and Universal Declaration of Human Rights.

2. Improving human rights protection and enforcement in order to maximally develop everyone’s character and their capability in various life aspects.

continuation

Through Presidential Decree No. 129 Year 1998, President B.J. Habibie proclaimed Human Rights National Action Plan 1998-2003 on Jun 25th 1998. it covers four main pillars for human rights protection which was correctly formulated by deciding the schedule of human rights implementation programs.

2. Establishment of Human Rights National Action Plan

(RANHAM)

1. Preparation for ratification of international Human Rights instruments which is consider as a part of comprehensive national law development.

2. Dissemination of information and education on human rights either for state Apparatus or society in general.

3. Implementation of priority issues on human rights in which its violation is consider as human rights’ major violation and should be processed in international level.

4. Implementation of international human rights instruments that have been ratified by Indonesia and report them to UN relating bodies.

3. Human Rights Enforcement through

RatificationRatification has 2 meanings:1. A formal agreement of treaty

which leads to international obligation after its signing.

2. An agreement of a treaty design in order to prevail for every member country

1) Genoa Convention, August 12th 1949 2) Convention on the political rights of women3) Convention on the elimination of all forms of

discrimination against women.4) Convention on rights of the child5) Additional protocol convention on the rights of

the child, child prostitution and pornography.

Several international Convention of Human Rights

a) Preparation for ratification of international human

rights instruments which is consider as a part of comprehensive national law development.

b) Dissemination of information and education on human rights either for state apparatus or society in general.

c) Implementation of priority issues on human rights in which its violation is consider as human rights’ major violation and should be processed in international level.

d) Implementation of international human rights instruments that have been ratified by Indonesia and report them t the UN relating bodies.

C. Legal Instrument of managing Human Rights in Indonesia

Definition of human rights in ‘belief of the one and

only God’ principle are recognition and guarantee. Meaning of human rights in ‘just and civilized

humanity’ principle is the desire of implementation of human values (human dignity, human rights and human freedom)

Human rights according to ‘the unity of Indonesia’ principle are awareness that Indonesia is formed from the pretension of being a dignified nation which equal to other nations in the world and freedom the shackle of colonizer.

1. Pancasila

Definition of human rights in the principle of

‘democracy guided by the inner wisdom in the unanimity arising out of deliberations amongst representatives.

Human rights according to social justice for the whole of the people of Indonesia. Principle every citizen has right to enjoy the result of development equality based in the humanity values and devotional duty.

pancasila

a)The preamble of the 1945

Indonesia Constitution b)Articles of the 1945 constitutionc) The Decree of the People’s

Consultative Assembly of the Republic of Indonesia No. XVII/MPR/1998, and law No. 39 Year 1999.

2. The 1945 Indonesian Constitution

Independence is the grace of God Almighty. The state of Indonesia will protect all the people

of Indonesia and their entire native land The state will improve the public welfare and

advance the intellectual life of the people The state will contribute to the establishment of

the world order based on freedom, abiding peace and social justice

Indonesia is a law based state with pancasila as its state foundation

a. The preamble of the 1945 Indonesia Constitution

The second amendment of the 1945 Indonesian Constitution has completed the guarantee of human rights in Indonesia Constitution. It is initially mentioned in Article 26 – 34. it is recently added in the article 28 A up to 28 J of Indonesian Constitution. It signifies that our constitution has qualified the standard of modern state constitution which is equal to other states constitution in the world.

b. Articles of the 1945 constitution

SECTION XA - FUNDAMENTAL HUMAN RIGHTS**

Article 28AEach person has the right to live and the right to defend his life

and existence. ** Article 28B

(1) Each person has the right to establish a family and to generate offspring through a lawful marriage. **(2) Each child has the right to live, grow up, and develop as well as the right to protection from violence or discrimination. **

Article 28C(1) Every person has the right to self-realization through the fulfillment of his basic needs, the right to education and to partake in the benefits of science and technology, art and culture, so as to improve the quality of his life and the well-being of mankind. **(2) Each person has the right to self-improvement by way of a collective struggle for his rights with a view to developing society, the nation, and the country. **

Article 28D(1) Each person has the right to recognition, security, protection and certainty under the law that shall be just and treat everybody as equal before the law. **(2) Every person is entitled to an occupation as well as to get income and a fair and proper treatment in labor relations. **(3) Each citizen has the right to equal opportunity in government. **(4) Each person has a right to a nationality. **

Article 28E(1) Each person is free to worship and to practice the religion of his choice, to choose education and schooling, his occupation, his nationality, his residency in the territory of the country that he shall be able to leave and to which he shall have the right to return. **(2) Each person has the right to be free in his convictions, to assert his thoughts and tenets, in accordance with his conscience. **(3) Each person has the right to freely associate, assemble, and express his opinions. **

Article 28FEach person has the right to communication and to acquiring information for his own and his social environment's development, as well as the right to seek, obtain, possess, store, process, and spread information via all kinds of channels available. **

Article 28G(1) Each person is entitled to protection of self, his family, honor, dignity, the property he owns, and has the right to feel secure and to be protected against threats from fear to do or not to do something that is part of basic rights. **(2) Each person has the right to be free from torture or inhuman and degrading treatment and shall be entitled to obtain political asylum from another country. **

Article 28H

(1) Each person has a right to a life of well-being in body and mind, to a place to dwell, to enjoy a good and healthy environment, and to receive medical care. **(2) Each person has the right to facilities and special treatment to get the same opportunities and advantages in order to reach equality and justice. **(3) Each person is entitled to social security enabling him to develop his entire self unimpaired as a dignified human being. **(4) Each person has the right to own private property and such ownership shall not be appropriated arbitrarily by whomsoever. **

Article 28I(1) The rights to life, to remain free from torture, to freedom of thought and conscience, to adhere to a religion, the right not to be enslaved, to be treated as an individual before the law, and the right not to be prosecuted on the basis of retroactive legislation, are fundamental human rights that shall not be curtailed under any circumstance. **(2) Each person has the right to be free from acts of discrimination based on what grounds ever and shall be entitled to protection against such discriminative treatment. **(3) The cultural identities and rights of traditional communities are to be respected in conjunction with progressing times and civilization. **(4) Protecting, promoting, upholding, and the full realization of human rights are the responsibilities of the state, foremost of the government. **(5) To uphold and protect human rights in accordance with the principles of a democratic and law-based state, the implementation of fundamental human rights is to be guaranteed, regulated, and laid down in laws and regulations. **

Article 28J

(1) Each person has the obligation to respect the fundamental human rights of others while partaking in the life of the community, the nation, and the state. **(2) In exercising his rights and liberties, each person has the duty to accept the limitations determined by law for the sole purposes of guaranteeing the recognition and respect of the rights and liberties of other people and of satisfying a democratic society's just demands based on considerations of morality, religious values, security, and public order. **

Chapter I the right to life II the right to found family and to bear the children Chapter III right to self development Chapter IV right to justice Chapter V right to freedom of individual Chapter VI right to the information freedom Chapter VII right to security Chapter VIII right to welfare Chapter IX Human Obligation Chapter X Protection and Obligation

C. The Decree of the People’s Consultative Assembly of the Republic of Indonesia No. XVII/MPR/1998, and law No. 39 Year

1999.

D. International

Legal Instrument and Human Rights Court

The most important instrument of

human rights Bill of Rightsa) the universal declaration of human rightsb) international convention on economic, social and cultural rightsc) international convention on civil and political rights

1. International Human Rights Instruments

Every human rights violation could be brought to International Court for several condition as follows.1. Crimes against humanity2. War crimes3. Crimes of aggression4. Crimes of genocide

2. International Human Rights Courts

a. Act on commission (tindakan

kekerasan) is a violance act that is conducted by a state, institution or organization (non-state actor)

b. Act of Omission (tindakan pembiaran) is an omission act which is done by the state

crimes against peace War crimes Crimes against

humanity

International military tribunal

E. Maintaining

Human Rights in Indonesia

Mass media Non- government Organization Cooperation with international

Institution

Society’s Involvement in Maintaining Human Rights in

Indonesia

Four obstacles and challenges in maintaining human rights: the obstacles and challenges might be from political, economy, social and culture and defense and security issues. Thus, the implementation and protection of human rights have not effectively and efficiently overcome yet.

Furthermore, the obstacles and challenges for human rights in Indonesia might merge due to several reason: 1. lack of Indonesian legal and humanity

awareness, 2. lack of government political will which might

lead to power abuse and then human right violation,

3. lack of law supremacy implementation, 4. lack of society awareness on their rights and

obligation as citizens.

thanks