DEMOCRACY AND HUMAN RIGHTS
A. Democracy, Human Rights, and State
Human rights and democracy is a conception of humanity and social relations that are
born of the history of human civilization throughout the world. Human rights and
democracy can also be interpreted as the result of mankind's struggle to maintain and
achieve the dignity of humanity, because until now only the conception of human rights
and a proven demokrasilah most recognize and guarantee the dignity of humanity.
Conception of human rights and democracy can be tracked in a theological form of
human relativity and absoluteness of God. Consequently, no man is considered to occupy
a higher position, because only one is absolute and is prima facie, that is God Almighty.
All humans have the potential to reach the truth, but not the absolute truth may be owned
by a man, because that only God is absolutely correct. So all human thought must also be
assessed relative truth. Thought that claims to be absolutely true, and the other meaning is
absolutely wrong, is thought to conflict with humanity and divinity.
Man was created by God Almighty with a set of rights that guarantees rank as a man.
Rights is then referred to human rights, the rights acquired since its birth as a human
being is a gift of the Creator. Because every man is created equal position with the same
rights, the principle of equality and equality is a major in social interaction. But reality
shows that humans have always lived in a social community to be able to maintain the
degree of humanity and its purpose. It is not possible can be done individually. As a
result, emerging social structure. It takes power to run a social organization.
Power within an organization can be obtained based on the legitimacy of religious,
ideological legitimacy eliter or pragmatic legitimacy. But the power based on legitimacy,
the legitimacy of these by itself to deny the equality and human equality, because it
claims a higher position than any other human group of people. In addition, the
legitimacy of power that is based on the above three would be an absolute rule, because
the assumptions of the ruling essentially puts the authorities as a special and more
knowledgeable in running the affairs of state power. Established pursuant to the third
power of legitimacy can be guaranteed to be authoritarian rule.
Demokrasi conception that provides the foundation and the mechanisms of power based
on the principle of equality and human equality. Democracy takes man as the owner of
the sovereignty which became known as the principle of popular sovereignty. Based on
the theory of social contract, to fulfill the rights of every human being can not be
achieved by each person individually, but must be together. Hence made the social
contract that contains about what the common goal, the limits of individual rights, and
who is responsible for achieving those goals and execute agreements that have been made
to its limits. The agreement embodied in the Constitution as the supreme law in a country
(the supreme law of the land), which is then elaborated a consistent basis in law and state
policy. Democratic process is also manifested through the election procedures to choose a
government and other public officials.
Conception of human rights and democracy in its development is strongly associated with
the conception of law. In a state of law, in fact the rule is the law, not man. Interpreted
the law as a whole hierarchical order of legal norms that culminated in the constitution.
This means that in a state law requires the supremacy of the constitution. Besides the
supremacy of the constitution is a consequence of the concept of law, democracy as well
as the implementation of the constitution is the highest form of social contract.
In addition, the principles of democracy or popular sovereignty can ensure public
participation in decision-making process, so any legislation that is applied and enforced
truly reflects the feelings of community justice. Laws and regulations applicable
legislation should not be defined and implemented unilaterally by and or just for the sake
of power. This is contrary to the principles of democracy. Law is not intended to
guarantee the interests of only a few people in power, but rather ensure that the interests
of justice for all people. Thus the state law is not absolute rechtsstaat developed, but
As has already been successfully formulated in the text of the Second Amendment of the
1945 Constitution, the provisions concerning human rights have gained a very strong
constitutional guarantees in the Constitution. Most of the material of the Constitution is
actually derived from the formulation of the Act that was passed previously, namely the
Law on Human Rights. If redefined, then the material that has been adopted into the
formulation of Law 27 of 1945 includes the following materials:
A. Everyone has the right to live and to defend life and living.
2. Everyone has the right to form families and continue the descent through legal
3. Every child deserves to live, grow and develop and are entitled to protection from
violence and discrimination.
4. Every person is entitled to be free from discriminatory treatment on any grounds and is
entitled to protection against discriminatory treatment that.
5. Everyone is free to embrace the religion and worship according to his religion, to
choose education and teaching, choice of employment, to choose citizenship, choosing
where to live in the country and leave it and to come back.
6. Everyone has the right to freedom of belief to believe, express thoughts and attitudes,
according to his conscience.
7. Everyone has the right to freedom of association, assembly, and expression.
8. Everyone has the right to communicate and obtain information to develop personal and
social environment as well as the right to seek, obtain, possess, store, process and convey
information by using all available channels.
9. Everyone is entitled to protection of the individual, family, honor, dignity, and
property under his control, and is entitled to security and protection from the threat of
fear to do or not do something that is human rights.
10. Every person has the right to freedom from torture or degrading treatment of human
dignity and are entitled to political asylum from another country.
11. Everyone has the right to live in physical and spiritual welfare, residence, and a good
environment and healthy and receive medical care.
12. Every person is entitled to special treatment facilities and to obtain the same
opportunities and benefits for achieving equality and justice.
13. Every person has the right to develop oneself fully as a dignified human being.
14. Every person has the right to private property and property rights should not be taken
over arbitrarily by anyone.
15. Every person has the right to develop themselves through the fulfillment of basic
needs, and is entitled to education and to benefit from science and technology, arts and
culture, for improving the quality of life and for the welfare of mankind.
16. Every person has the right to advance himself in the fight for their rights collectively
to build a community, nation and country.
17. Every person is entitled to recognition, security, protection, and fair legal certainty
and equal treatment before the law.
18. Every person has the right to work and receive remuneration and fair treatment and
decent working relationship.
19. Everyone is entitled to citizenship status.
20. State, under any circumstances, can not reduce the right of everyone to life, the right
not to be tortured, the right of freedom of thought and conscience, freedom of religion,
freedom from enslavement, recognition as a person before the law, and the right not to be
prosecuted under the basis of a retroactive law.
21. The State guarantees the respect for cultural identity and rights of traditional
communities in harmony with the times and the level of civilization.
22. State upholds ethical values and moral humanity taught by every religion, and ensure
the independence of each resident to embrace and live the teachings of his religion.
23. Protection, promotion, enforcement and fulfillment of human rights is the
responsibility of the state, especially the government.
24. To promote, uphold and protect human rights in accordance with the principles of a
democratic constitutional state, the implementation of human rights guaranteed, regulated
and set forth in the legislation.
25. To ensure the implementation of Article 4, paragraph (5) mentioned above, formed
the National Commission on Human Rights which are independent according to the
regulations stipulated by law.
26. Each person must respect the human rights of others in an orderly social life, nation
27. In exercising the rights and freedoms, everyone shall be subject to the restrictions set
by law solely for the purpose of securing due recognition and respect for the rights and
freedoms of others and to meet the demands of justice according to considerations of
morality, religious values, security and public order in a democratic society.
If to-27 provisions that have been adopted into the Constitution extended to include new
elements that are perfect formula exists, then regrouped to include new provisions that
have not been loaded in it, then the formulation of human rights in the Act the base
material may include five groups as follows:
A. Civil Rights groups that can be formulated as:
a. Everyone has the right to life, survival and life.
b. Every person has the right to freedom from torture, treatment or other cruel, inhuman
and degrading human dignity.
c. Every person has the right to be free from all forms of slavery.
d. Everyone is free to embrace the religion and worship according to his religion.
e. Every person has the right to freely own beliefs, thoughts and conscience.
f. Every person has the right to be recognized as a person before the law.
g. Every person has the right to equal treatment before the law and government.
h. Every person has the right not to be prosecuted on the basis of a retroactive law.
i. Every person has the right to found a family and continue the descent through legal
j. Every person is entitled to citizenship status.
k. Every person has the right to reside freely in the country, leaving and returning to his
l. Every person has the right to political asylum.
m. Every person is entitled to be free from all forms of discrimination and are entitled to
legal protection from such discriminatory treatment.
Against civil rights, in any circumstances or at any rate, the state can not reduce the
significance of the rights specified in the Group 1 "a" through "h". However, these
provisions are certainly not intended and shall not be construed or used as a basis for
freeing a person from prosecution for violations of gross human rights recognized under
international law. Restrictions and the affirmation is important to ensure that such
provision is not used arbitrarily by those who tried to break free from the threat of
prosecution. Precisely herein lies the controversy that arose after the provisions of Article
28 of the 1945 Constitution of the Second Amendment was passed some time ago.
2. Group Political Rights, Economic, Social and Cultural Rights
a. Every citizen has the right to associate, assemble and express their opinions peacefully.
b. Every citizen has the right to vote and be elected in the context of people's
c. Every citizen can be appointed to public offices.
d. Everyone has the right to obtain and select jobs that are legitimate and worthy of
e. Everyone has the right to work, reward, and receive appropriate treatment in labor
relations based on justice.
f. Every person has the right to private property.
g. Every citizen has the right to social security is needed for decent living and to develop
oneself as a human being's dignity.
h. Everyone has the right to communicate and obtain information.
i. Everyone has the right to obtain and choose one's education.
j. Everyone has the right to develop and benefit from science and technology, arts and
culture to improve the quality of life and welfare of mankind.
k. The State guarantees the respect for cultural identity and rights of local communities in
tune with the times and the level of civilization.
l. Countries recognize each culture as part of national culture.
m. State upholds ethical values and moral humanity taught by every religion, and ensure
the independence of each resident to embrace and live the teachings of his religion.
3. Special Group Rights and the Right to Development
a. Every citizen who bears the social issues, including community groups who live in
isolated and remote environments, the ease and deserve special treatment for the same
b. Guaranteed and protected the rights of women to achieve gender equality in national
c. Special rights attached to the women themselves due to their reproductive function is
guaranteed and protected by law.
d. Every child has the right to love, care and protection of parents, families, communities
and countries for the physical and mental growth and personal development.
e. Every citizen has the right to participate in the management and also enjoy the benefits
derived from natural resources management.
f. Every person has the right to a clean environment and healthy living.
g. Policies, treatment or temporary special measures and set out in legislation and
regulations that are intended to balance the legitimate level of development of certain
groups who have experienced discrimination to other groups in society, and special
treatment as provided in paragraph (1) of article This, not included in the definition of
discrimination as defined in Article 1, paragraph (13).
4. State Responsibility and Human Rights Obligations
a. Each person must respect the human rights of others in an orderly social life, nation
b. In exercising the rights and freedoms, everyone shall be subject to the restrictions set
by law solely for the purpose of securing due recognition and respect for the rights and
freedoms of others and to meet the demands of justice in accordance with religious
values, morality and decency, security and public order in a democratic society.
c. State responsible for the protection, promotion, enforcement and fulfillment of human
d. To ensure the implementation of human rights, established the National Commission
on Human Rights, independent and impartial tribunal formation, composition and
position is regulated by law.
The provisions of the constitutional guarantees of human rights is very important and
even considered one key feature was followed by rule of law in a country. But in addition
to human rights, should also be understood that everyone has obligations and
responsibilities that are also human. Every person, during his life since before birth, has
the essential rights and obligations as human beings. Establishment of state and
government, for whatever reason, may not eliminate the principle of equal rights and
obligations borne by any man. Therefore, guarantees the rights and obligations that are
not determined by the position of the person as a citizen of a country. Every person
wherever he is to be guaranteed basic rights. At the same time, each person wherever he
is, must also uphold the rights of others as appropriate. Balance awareness of the rights
and obligations of these rights is an important feature of the basic outlook of the
Indonesian people and a just and civilized humanity.
The Indonesian people understand that the Universal Declaration of Human Rights which
was initiated in 1948 is a statement containing a human universal values that must be
respected. At the same time, Indonesia also viewed that the Universal Declaration of
Human Responsibility triggered by the Inter-Action Council in 1997 also contains a
universal value that must be upheld to complement the Universal Declaration of Human
Rights is. General awareness of the rights and obligations of human rights that animates
the entire Indonesian legal system and constitution, and therefore, need to be adopted into
the formulation of the Constitution on the basis of the basic notions of self-developed by
the nation of Indonesia. Therefore, the formulation in the Constitution include legacies of
thought about human rights in the past and embrace the ideas that still continues to grow
in times to come.
B. Development of democracy and human rights
Since the beginning of the 20th century, waves of aspiration towards liberty and freedom
of mankind from the oppression of colonization increased sharply with a knife and an
open democracy and human rights as an effective instrument of struggle and liberating.
Peak of humanity's struggle has resulted in changes that are very broad and fundamental
in the mid-20th century with the emergence of a wave of decolonization throughout the
world and produce stand and the formation of new nations of the free and sovereign in
the world. The development and strengthening of democratization occurred again after
the cold war that marked the fall of the communist Soviet Union and Yugoslavia. This is
then followed by a process of democratization in third world countries in the 1990s.
All events that encourage the emergence of freedom and independence is always a
discrete oppressive power relations and unfair, both in the structure of relations between
one nation with another nation and in relations between the government by the people. In
the discourse of struggle for freedom and human rights in the early to mid-20 th century
that stands out is the struggle of colonized peoples mondial face of colonizing nations.
Therefore, people in all countries that colonized easily aroused enthusiasm to blend
together in solidarity with the struggle of anti-colonial movement.
While the more prominent during the second half of the 20th century is the struggle of
people against the authoritarian government. Democracy and democratic discourse in a
country, not necessarily identical with the idea of people in other countries are more
advanced and enjoy life much more democratic. Therefore, the discourse of democracy
and human rights in today's also used, both by the people who feel oppressed by the
government as well as other countries who felt compelled to promote democracy and
human rights in other countries are considered democratic.
Therefore, the pattern of power relationships between countries and alliances in the
struggle of ancient times and is now experiencing fundamental structural changes. First,
international relations played by the government and people in relationships that are
divided between Government to Government relations (G to G) and relations People to
People (P to P). Now, it turns into a pattern of relationships varies, both G to G, P to P
and G to P or P to G. All possibilities can occur, either on the initiative of the government
institution or the instigation of ordinary individuals. Even some other state governments
can act to protect citizens from other countries on behalf of human rights protection.
In other words, the first problem we face today is that the understanding of the concept of
human rights that must be viewed in the context of power relationalistic proper
perspectives. In fact, the concept of power relations that itself was also changed in
relation to the fact that the elements of power that today are not only related to the
political but also associated with power-power over economic resources, and even
technology and industry that it shows the role that increasingly important today.
Therefore, the concepts and procedures of human rights today but should be viewed in
the context of political power, should also be linked to the context of industrial relations
and economic power.
In connection with it, the pattern of power relationships in the sense that it can be seen as
a new production relations which connect between the interests of producer and
consumer interests. In an era of ever-increasing industrialization with the help of science
and technology that continues to increase today, the dynamics of the process of
production and consumption continues to grow in all sectors of social life and the state of
humanity today. Policy, for example, than can be seen with regular glasses, can also be
viewed in the context of production. State, in this case is the manufacturer, while the
people are the consumers. Therefore, human rights in today's DAPT conceptually
understood as the right of consumers to be protected from exploitation for the benefit and
interest of the producer unilaterally.
In this connection, the concept of human rights and the procedure would not want to be
associated with these problems:
A. The structure of power in relationships between countries today can be said to be very
unbalanced, unfair, and tend to only benefit the developed countries or countries that
control and dominate the decision-making processes in different forums and international
bodies, both concerning political interests and economic interests and culture.
2. Undemocratic power structures in the internal environment of the countries that apply
the authoritarian system that only benefits a handful of residents of the ruling class or a
class of people who control economic resources.
3. The structure of unbalanced power relations between capitalists and workers and
between management and their financiers producers with consumers in every industry
business environment, both the primary industries, manufacturing industries and service
Some factors that could cause the pattern of relationships "top-down", both on the
ranking of local, national, regional and global levels, among others, are factors of wealth
and economic resources, political power, education level or average intelligence, mastery
of science and technology, image or reputation, and physical force, including military
force. The more the factors mentioned above is controlled by a person, or group of
persons or by a nation, the higher the ranking position in the stratification or association
with. On the other hand, the higher ranking person, group of people or a nation over
another person or another group or any other nation, the greater the power it has and the
greater the potential to treat other people were arbitrarily for its own benefit. In the
unequal relations between developed countries to developing countries, between a
government with its people, and even among the investors or businessmen with these
customers to the injustice which in turn encouraged the emergence of the struggle for
human rights everywhere. Therefore, one important aspect that can not be denied with
respect to human rights concerns is that this question is closely related to the dynamics of
class struggle (to borrow a phrase of Karl Marx) who demanded justice.
Often argued that the conceptual understanding of human rights in the history of
international legal instruments have been exceeded at least three generations of
development. The third generation of the development of the conception of human rights
First generation, thinking about the conception of human rights that has long been grown
in the discourse of scientists since the era of enlightenment in Europe, rose to
international legal documents are official. Peak development of the first generation of
human rights is at persitiwa signing of the Universal Declaration of Human Rights of the
United Nations in 1948 after the previous ideas of human rights protection contained in
the historical texts in some countries, such as in the UK by Magna Charta and the Bill of
Rights, the United States with the Declaration of Independence, and in France with the
Declaration of Rights of Man and of the Citizens. In the conception of this first
generation of the basic elements of the conception of human rights that includes the
matter of the principle of human integrity, basic human needs, and the principles of civil
and political freedoms.
In further developments which may be cited as the Second Generation of human rights, in
addition to the International Couvenant on Civil and Political Rights, the conception of
human rights also include efforts to ensure the fulfillment of the need to pursue their
economic, social and cultural, including the right to education, right to determine the
political status, the right to enjoy a variety of scientific discoveries, discoveries, and so
forth. Development of this second peak is reached with the signing of the International
Couvenant on Economic, Social and Cultural Rights in 1966.
Then in 1986, comes a new conception of human rights which includes an understanding
of the right to development or the rights to development. The right to development or to
include equal rights or opportunity for advancement applicable to all nations, and
includes the right of every person living as part of the nation's life. Or the right to
development, among others, include the right to participate in the development process,
and the right to enjoy the fruits of development, enjoying the results of economic
development, social and cultural, educational, health, income distribution, employment,
and other so forth. This new conception which experts called a conception of human
rights Third Generation.
However, the third generation of the conception of human rights is essentially the same
characteristics, that is understood in the context of power relations that are vertical,
between the people and government in a country. Any violations of human rights from
first to third generation always involves the role of government is usually categorized as a
crime by government are included in the definition of political crime (criminal politics)
as opposed to understanding crime against government (the crime of official authority).
Because of this, which is always subjected to the struggle for human rights is the state's
repressive powers against the people. However, in the times now and in the future, as
described above, the dimensions of human rights that will change the more complex
The issue of human rights is not enough just to be understood in the context of power
relations that are vertical, but also includes the power relations that are horizontal,
between communities, between people or community groups, and even between one
group of people in a country with community groups in other countries.
The new conception of what I call a conception of human rights such as the Fourth
Generation I have described some of the previous section. Even as an alternative, in my
opinion, the conception of human rights is the latter that it accurately described as a
conception of the Second Generation of human rights, because the nature of power
relations being regulated is different from previous conceptions of human rights concepts.
The nature of power relations in the conception of the First Generation is vertical, while
the nature of power relations in the conception of the Second Generation is horizontal.
Thus, the notion of human rights conception of the second generation and third
generation before quite understood as variants of the same developmental stage of growth
in the conception of the first generation.
Toward the end of the 20th century, we witnessed the emergence of some new
phenomenon that never existed or less attention in previous eras. First, we witnessed the
emergence of the phenomenon of conglomeration of various large-scale enterprise in a
country which later evolved into the Multi National Corporations (MNC's) or also known
as Trans-National Corporations (TNC's) everywhere in the world. The phenomenon of
MNC or TNC power network is reaching a very wide area, even much broader than the
reach of state power, let alone a small country which is very much in the world. In
relation to the power of large companies, which is more a matter of we are the
implications posed by the power of capital is behind the big companies against the
interests of the consumer product. In other words, the power relations at issue in this case
is the power relations between producers and consumers. The problem is how the rights
or interests of consumers can be guaranteed, so the production process can be developed
while ensuring that consumer rights must also be viewed as an important part of our
understanding of human rights.
Second, the 20th century has also led to the phenomenon of Nations without State, such
as the Kurds are scattered in various countries Turkey and Iraq; the Chinese Nationalist
scattered in very large quantities in almost all countries in the world; the Persians (Iran),
Iraq , and Bosnia were forced to travel anywhere because of the political problems they
face in their home country. The issue of legal citizenship status of the nations who are
forced to be everywhere these, it can be formally addressed by the common law. For
example, the Kurds living in northern Iraq is certainly berkewar ganegaraan Iraq, those
who lived and settled in Turkey of Turkish nationality, and so are those who live in other
countries can enjoy keawarganegaraan status in the country where they live. However,
the question of their nationality does not necessarily solved because the formal legal
Third, in relation to the phenomenon of the first and second, from the end of the 20th
century has also developed a particular social stratum in every society in the countries
involved in international relations, namely the group of people who can be referred to as
global citizens. They initially were little and only consists of the diplomatic corps who
build their own social group. Among them are the following families, especially the
career diplomat who grew up in a career diplomat who move from one country to
another, formed a separate social network that over time became a distinct social class
separate from the broader society. For example, in every country, there is the so-called
diplomatic duty free shop that specializes in serving the needs of its diplomats to shop.
All this reinforces the social class of its own tendencies leading to a new life among his
At the same time, among the foreign businessmen who invest as venture investors in
various countries, are also formed a distinct social class as well as the diplomatic corps.
In fact, many foreign workers or employers continue its work overseas, moving from one
country to another, the range of their interaction is more suited to blend with the world's
diplomats as mentioned above, rather than mix with the natives of countries where they
work or try. From both the business and diplomatic groups appear this is a new
phenomenon among many citizens of the world, although it formally has the status of a
particular nationality, but their mobility is very dynamic, as if a kind of global citizens
are free to move anywhere in the world.
Fourth, in the literature regarding corporatisme countries, especially in countries which
apply the procedures of federal arrangement, known as the corporate concept of
federalism as a principle governing the system of political representation on the basis of
considerations of a particular racial or cultural grouping of people. The division of the
English speaking community and the French speaking community in Canada, the Dutch
speaking community and the German speaking community in Belgium, and the principle
of political representation of particular ethnic groups in the parliament room in Austria,
can be referred to as corporate federalism in the broad sense. Ethnic groups and cultural
is treated as a separate legal entity that has the political rights which are autonomous and
therefore entitled to democratic representation in parliamentary institutions. Setting this
autonomous entity, is required as if as an autonomous region, or in a state that is distinct,
although these communities do not live in a particular territory. Therefore, this
arrangement is commonly referred to as corporate federalism.
The fourth phenomenon of socio-cultural nature of the above can be said to be very
special and we awareness of cultural diversity that we have inherited from the past, but at
the same time raises the question of the national consciousness of mankind that has been
officially restricted by the confines of a single teoritorial countries. Now, times have
changed. We are entering an era of globalization, where the bonding state borders that it
developed more formalized loose. In addition to the bonds of formal citizenship law, the
sense of identity is influenced by cultural factors also have contributed historically to be
considered in understanding the phenomenon of human relationships in the future.
Therefore, the dimensions of human rights and especially in this era will also not be
removed simply from the change in the understanding motifs in the patterns of the new
In other words, power relations in the current era and later, but can be viewed in the
context that is vertical in the country, which is between the government and its people,
can also be viewed in the context of a relationship that is horizontal as described in the
first part of this paper. The context of relationships that are horizontal it may occur
among social groups within a country and between groups of people between countries.
In today's industrial age, the relationship is horizontal style is to simply be seen as a
process of production in the broadest sense, which includes also the sense of production
in the context of power relations that are vertical, in which every government policy can
be termed as a product issued by government which is a manufacturer, while the people
are those who consume them or their customers. Similarly, every company is a
manufacturer, while the products are purchased and consumed by the consumers. In other
words, consumers' rights in the broadest sense can be called a new dimension of human
rights is growing and must be protected from possible abuse or acts arbitrarily in
horizontal power relations are between the producer with the consumer.
Development of the conception of the latter can be called a developmental conception of
human rights with a fifth-generation main characteristic lies in the understanding of the
structure of power relations between producers are horizontal which has all the potential
and opportunities to perform acts of abuse of the consumer are possible treated in an
arbitrary and unfair. We all should be aware of changes in the structure of power
relations, so do not just focus on possible violations of human rights in any conventional
sense. Only by being aware of these changes we can offer solutions in a collective
struggle to uphold and promote human rights in the future.
C. Promotion and Protection of Human Rights Obligations
Conception of human rights in the first emphasis on vertical relationships, mainly
influenced by the history of human rights violations are primarily conducted by the state,
both the civil and political rights and economic, social, and cultural. As a consequence, in
addition since it is the duty of government, the primary duty the protection and promotion
of human rights on the government. It can be seen from the formulas in the Universal
Declaration of Human Rights, International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and Cultural Rights, which is a
recognition of the state of human rights as to the substance of the third instrument .
Consequently, the country was burdened with the protection and promotion of human
rights obligations. Obligations stated in the preamble states that "Considering" in both the
International Covenant on Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights. In national law, Article 28 paragraph (4) of the
1945 Constitution states that the protection, promotion, enforcement and fulfillment of
human rights is the responsibility of the state, especially the Government.
With the development of the conception of human rights also include horizontal
relationships result in the expansion of categories of human rights violations and violators
actor. Right to information and participation in the construction of such rights is not only
the duty of the state, but also the responsibility of corporations in their activities intersect
with people's lives. The existence of these companies inevitably have an impact in
people's lives, often resulting in fewer human rights.
The intersection of Corporate Human Rights least associated with the right to a clean and
healthy environment, right on the availability and accessibility of natural resources and
labor rights. Broader structure of power relations that are horizontally between
manufacturers also have the potential and opportunities for acts of ill-treatment of the
consumer who may be treated in an arbitrary and unfair.
So not only can human rights violations committed by the state. In the pattern of
horizontal power relations opportunities for the broader human rights violations and
perpetrators actors also include non-state actors, both individuals and corporations. That's
why it's time obligations and responsibilities of the protection and promotion of human
rights also exist in every individual and corporation. It has also been stated in the
"Declaration on the Right and Responsibility of Individuals, Groups, and Organs of
Society to Promote and Protect Universally Recognized Human Rights and Fundamental
Freedom" in 1998.
Obligations and responsibilities are becoming increasingly important given the major
problems facing mankind is no longer just a crime against humanity, genocide or war
crimes. The problems facing humanity today is more entrenched, namely poverty and
underdevelopment, which will inevitably have to be recognized as a result of exploitation
or at least indifference to the other side of the world that receive the wealth and progress.
Obligations and responsibilities of corporations in the form of Corporate Social
Responsibility, especially in Community Development, should not be simply interpreted
as an effort to build an image. Obligations and responsibilities of the birth because of
humanitarian commitments. Duties were also born of the realization that corporate
activity, directly or indirectly, has contributed to inequality, poverty, and
underdevelopment. Without the participation of corporations, efforts to create a better
world, a world free of hunger and underdevelopment will be difficult given the power of
corporations that often exceeds the ability of a country.
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