Welcome to Softilmu, Knowledge Blog that shares with sincerity. This time we will share knowledge about HUMAN RIGHTS (HAM). Some of the main points to be discussed are Definition of Human Rights, Human Rights History, Human Rights Function, Human Rights Characteristics, and Kinds of Human Rights
A. DEFINITION OF HUMAN RIGHTS
Human rights are basic rights that are owned by every human being, without these rights humans cannot live properly.
In Article 1 of Law Number 39 of 1999 concerning Human Rights it is stated that “Human Rights are a set of rights that are inherent in the nature and existence of humans as creatures of God Almighty and are His gifts that must be respected, upheld, and protected by the state, law and order. , government and everyone, for the sake of honor and protection of human dignity”
The article clearly states the meaning of human rights, where human rights cannot be separated from humans and continue to be attached from birth. This right is also nothing but a measure of political morality and the existence of a state.
Examples of basic rights (HAM) that should not be disturbed, namely the right to life, the right to freedom, and the right to happiness. These three rights are gifts from God Almighty. While the main values contained in human rights are freedom or independence, humanity or peace, and justice or equality or equality.
Human rights are an effort to maintain the safety of human extension as a whole through a balance action between individual interests and the public interest. Likewise, efforts to respect, protect, and uphold human rights are a shared obligation and responsibility between individuals, the government and the state.
The scope of human rights includes:
- Personal rights: the rights of equality of life, freedom, security and others;
- Private property and social groups to which a person belongs
- Civil and political freedom to be able to participate in government
- Rights with regard to socio-economic issues
Human rights are rights that are owned by humans because they are human and are not given by the community/state to them. Therefore, human rights can be ignoredand violated by the state, but cannot if it is not enforced. According to the understanding of human rights of every country must respect and guarantee human rights
Human rights began to be a concern in the world since the XVIII century. At that time the government carried out by the kingdoms was an absolute government where the king had the right to act without the consent of the kingdom and the people because the king had the “Sacred Right of the King” or “Dwine Right of The King”. This is starting to be questioned by the people at that time. Continued in the nineteenth century where the slave trade took place. The realization of anti-slavery and human rights enforcement actions was the signing of the anti-slavery law at a conference held in Brussels in 1890. Prior to the events above, human rights had become a concern in Saudi Arabia, with the creation of the Medina Charter. Other charters related to human rights are: Magna Charta (Great Charter), Bill of Rights (Law of Rights), The American Declaration of Independence (United States Declaration of Independence), and Declaration des droits de I’homme et du citoyen (Statement of Human Rights and Citizens). After the incident and the making of the above charter, human rights slowly began to be recognized by the world. Human rights have been recognized internationally since the Universal Declaration of Human Rights was issued on December 10, 1948 by the United Nations. Until now, human rights are still respected, protected and enforced in the international world.
The history of the development of human rights in Indonesia has occurred since Indonesia was not yet independent. Human rights ideas in Indonesia originated from community organizations that were formed during the colonial era. For example, Boedi Oetomo, the Indonesian Association that thinks about the right to self-determination, Sarekat Islam about the right to a decent life and free from oppression and racial discrimination, and Indische Partij about the right to get independence and get equal treatment and the right to be independent.
At the beginning of independence, human rights thought was still about the right to associate and express opinions. In the 1960s, human rights in Indonesia suffered a setback because they were not protected, respected and enforced. At the end of the New Order era in 1998, there was a fatal case of human rights violations, namely the Trisakti tragedy. From the beginning, the notion of human rights in Indonesia was suspected of being liberalism (the notion of freedom) and western individualism as well as ethnocentrism (which served Western interests). But from the beginning there were also those who thought positively. The experience of the new order led the Indonesian political class to ratify a list of human rights and grant them constitutional status. Now human rights are protected by law, respected and enforced wherever and whenever human rights violations are unavoidable.
Human rights have a very important role as a concrete basis for doing something. Human rights have a function to guarantee the rights of human survival, independence, human development and society that should not be ignored, confiscated, or contested by anyone.
However, in essence, the rights in question are not rights that are arbitrarily exercised by every human being because human rights also have obligations. Where is the human obligation that we must carry out first before claiming rights. In its implementation, human rights cannot be prosecuted absolutely because the prosecution of the implementation of human rights can absolutely violate the human rights of others. A simple example, if we walk on a public street, we cannot walk as we please because there are other people who have the right to use that road. So we must understand the limits of norms and laws that apply and are associated with human rights.
There are 3 main characteristics of human rights as follows:
- Human rights do not need to be given, bought, or inherited. Human rights are part of humans automatically.
- Human rights apply to all people regardless of gender, race, religion, ethnicity, political views or social and national origin.
- Human rights cannot be violated. No one has the right to limit or violate the rights of others. People still have human rights even if a country makes laws that do not protect or violate human rights.
Personal rights are rights whose scope is self-interest and most of the impacts, both positive and negative, are greater on oneself than on others.
- Right to freedom of expression or expression
- The right to freedom to choose and be active in organizations or associations
- The right to freedom to choose, embrace and practice one’s own religion
Political human rights when the participation of the community, regardless of race, religion and so on is allowed in the world of politics of a country. There are several rights that people have in political policies or political rights:
- The right to vote and be elected in an election
- The right to participate in government activities
- The right to create and establish political parties or political parties and other political organizations
- The right to create and submit a petition proposal
Legal Rights (Legal Equality Rights)
Legal rights are rights that should be obtained by the community when doing something related to state law. In the sense that these legal rights are owned by every group of society and have the right to be respected and enforced as best they can.
- The right to equal treatment in law and government
- The right to become a civil servant or civil servant
- The right to service and legal protection.
Economic Rights (Property Rights)
Economic rights are rights that every society should have to survive by meeting their needs. If a person does not have economic rights, at worst he will not be able to survive in a country.
- The right to freedom of buying and selling
- Right of freedom to enter into contact agreements
- The right to freedom to make leases, debts, etc
- The right of freedom to own something
- The right to own and get a decent job
Judicial Rights (Procedural Rights)
Judicial rights apply when a person crosses legal boundaries in his country and is tried to confirm the application of the law but is still entitled to a legal defense.
- The right to a legal defense in court
- Equal rights to search, arrest, detention and investigation before the law.
Social Cultural Rights
Socio-cultural human rights are rights that are applied based on activities related to the interaction and culture of the surrounding community. The following are socio-cultural rights:
- The right to determine, choose and get an education
- Right to get teaching
- The right to develop a culture that matches your interests and talents
The forms of human rights violations by type include:
The forms of human rights violations are serious
- Mass Murder (genicide)
- Forced disappearance
- Arbitrary murder
- Slavery and systematic discrimination
The forms of human rights violations are minor
- Preventing people from expressing their opinion
THE CASE OF HUMAN RIGHTS VIOLATIONS THAT STILL STILL STILL NOW
This past serious human rights case is still a homework for Jokowi’s government. A number of cases of severe Ham just wandered around without a meeting point. The following are eight cases of human rights violations whose resolution is still unclear:
1. The 1965 Massacre Incident
In 2012, Komnas HAM stated that it found gross human rights violations after the events of the September 30, 1965 movement. A number of cases were found, including torture, rape, murder, enforced disappearances and slavery. The case is stuck at the Attorney General’s Office. The victims reached 1.5 million people, most of whom were members of the PKI or organizations affiliated with it.
2. The 1989 Talangsari-Lampung incident
In March 2005, Komnas HAM established the Commission for Investigation of Human Rights Violations to conduct an investigation into this case. In May 205 the team concluded that there were serious human rights cases. The dossier of the investigation results was submitted by Komnas HAM to the Attorney General (2006) for follow-up, but was stuck at the Prosecutor’s Office. The toll reached 803.
3. The 1998 Trisakti Student Shooting Tragedy
Komnas Ham has investigated the Trisakti case and it was completed in March 2002. It has also been returned to the Attorney General’s Office several times. On March 13, 2008, he was declared missing by the Jampidsus of the Attorney General’s Office, Kemas Yahya Rahman. Victims reached 685 people
4. The Clover Tragedy I 1998
Komnas HAM investigated in March 2002. However, the files only went back and forth from Komnas HAM and the Attorney General’s Office. On March 13, 2008, he was declared missing by the Jampidsus of the Attorney General’s Office, Kemas Yahya Rahman. Casualties reached 127
Just like the investigation into the Semanggi I tragedy, the number of victims reached 228.
5. Cases of Wasior and Wamena 2001 and 2003
Komnas HAM’s Papua ad hoc team conducted a Pro Justisia investigation that included Wasior and Wamena from 17 December 2003 to July 2004. The file was submitted to the Attorney General’s Office and rejected on the grounds that the Komnas HAM report was incomplete.
May 1998 riots (Toll reached 1,308)
The Mysterious Shooting of “Peter” 1982-1985 (His casualties reached 1,678)
So that’s our discussion this time about Human Rights (HAM). Hopefully the knowledge can be useful. If there is still something that is not understood, please ask via the comment box, we will try to respond quickly and accurately. Thank you for visiting softscience. Don’t forget to follow and follow this blog. J