Definition, Types and Types of Human Rights Understanding and definition of human rights: Human Rights / Human Rights are rights inherent in every human being born since the beginning of a lifetime and can not be contested anyone. As good citizens we must uphold the values of human rights without distinction of status, class, heredity, occupation, and so forth. Violate human rights, one against the law in force in Indonesia. Human rights organizations have containers that manage human rights issues around the Komnas HAM. Cases of human rights violations in Indonesia is still much unfinished / finished so expect the development of human rights in Indonesia, the world can be realized into a better direction. One character is a ham in Indonesia killed Munir was killed in the airplane on the way to the Netherlands from Indonesia. Division of fields, type and kind of World Human Rights: A. Personal rights / personal Right - Right to freedom of movement, travel and move-pndah place - Right to freedom of speech or expression - Right to freedom of choice and is active in organizations or associations - The right of freedom to choose, hold, and run the religion and belief are believed to each 2. Political rights / Political Right - The right to elect and be elected in an election - Right to participate in government activities - The right to create and establish a political party / political parties and other political organizations - The right to create and submit a proposed petition 3. Human rights law / Legal Equality Right - Right to equal treatment in law and government - The right to be civil servants / pns - Right to receive services and legal protection 4. Economic rights / Property Rigths - Right to freedom of buying and selling activities - The right of freedom of contract entered into - Right to freedom of holding the lease, payable and receivables, etc. - The right to freedom to choose was nothing - The right to have and get a proper job 5. Rights Justice / Procedural Rights - Right to receive legal defense in court - Right to equal treatment on the search, arrest, detention and investigation under the law. 6. Social and cultural rights / Right Social Culture - The right to determine, select and get an education - Right to teaching - The right to develop culturally appropriate to their talents and interests Human Rights (Human Rights) is a person the freedom to act according to his conscience with respect to matters or fundamental rights. Human nature is, all humans have and is a gift from God Almighty. There are several definisa human rights, as follows; a. Human rights are a set of rights inherent in the nature of human existence as a creature of Almighty God and the grace that must be respected, upheld and protected by the State, law, government, and everyone for the respect and protection of human dignity (Article 1 point 1 of Law No. 39, 1999. on Human Rights, Article 1, point 1 of Law No. 26 of 2000 on the Court of Human Rights). b. Human rights are rights that people have not given to him by society, so it was not because of the positive law in force, but by his dignity as a human being. So, people have it because he is human (Franz Magnis-Suseno). c. Human rights are the rights possessed by all human beings in all times and in all places because of the virtue of its existence as a human being (AJM Milne). d. Human rights are legal rights by all people as human beings, are universal rights which are protected by the Constitution and national laws in many countries in the world (C. de Rover). e. Human rights is individual freedom of space is clearly defined in the Constitution and guaranteed the implementation by the government (Austin Ranney). Implementation of Human Rights To ensure the enhancement, promotion and protection of human rights in Indonesia by considering the values, customs, culture and religion of the nation of Indonesia based on Pancasila and the Constitution, dicanangkanlah RAN-HAM (National Action Plan). RAN-HAM is an essence, crystallization and systematization of the whole program promotion and protection of human rights, both derived from the environment itself and the Government of Indonesia society. RAN-HAM contains four main plans that will be implemented to promote the protection of human rights in Indonesia, namely: first, the ratification of the eight principal human rights covenants and conventions in the past five years and second, the dissemination (dissemination) and human rights education; third, the implementation of human rights, especially the rights that can not be reduced (non-derogable rights), and fourth, the implementation of human rights international instruments ratified by Indonesia. RAN-HAM should be carried out jointly by the government, all classes and walks of life. Where implementation covers a broader dimension which includes the executive, legislative and judicial branches; all layers and groups in society. Promotion of human rights is the responsibility of all, everyone should know the rights. That is why the task of dissemination and education is very important that all levels of society are aware of their rights and know their responsibilities. Because Indonesia is a State law, the law must be enforced so that any violation of human rights is inseparable from the reach of law. RAN-HAM activities must be related agencies and the National Human Rights Commission. However, in practice the implementation of the RAN-HAM done only sporadically in some government agencies that are directly related to human rights issues by using a pickup in budget agencies respectively. As a result, the implementation of the RAN-HAM is not in unison and uneven. RAN-HAN has not received adequate attention in government agencies, so that the RAN-HAM has not touched the officials in the central and local levels. Understanding Human Rights Violations (HAM) When we talk about what is meant by human rights violations, it will always happen much debate. Still in this context, human rights need to be understood as something that continues to evolve with the times. Since the declaration of the Universal Declaration of Human Rights in 1945 to the present, understanding of human rights continues to expand along with the occurrence of various events around the world. This means that the meaning of human rights abuses also continue to grow and continue diperbaharaui Before moving to the understanding of human rights violations, it helps us understand the basis of the basic human rights. During this time, many people who understand the misguided human rights violations. For convenience, let's look at two examples of cases A. Someone hit a serious injury to his neighbor for stealing chickens. 2. A police officer beating a suspect to force him to confess Do you think the incident is a violation of human rights? Human Rights Violations If you say that the two cases above is a violation of human rights, then let's take a look back to the basic concept. Under conditions sesesorang rights violations committed by other people, then the State (represented by the government) as a mandate to take action under applicable law. The legislation is a mechanism and procedures intended to protect every citizen. The term is simply the rule of law. The state must take action to the person who commits an offense in accordance with applicable law. That is, the act of violation in the category of criminal acts. This is what happened in case 1, a person commits an offense against the rights of others. Well, then what if the state is violating its citizens? Of course, the logic used is the offense committed by the implementing State mandates that the state apparatus. Difficult is not it? Executing their mandate as the country it is very likely in violation of the rights of its citizens because it has the ability or power that would be given (see mandate) by the citizens. Well, this is what happened in case 2. Police as part of the state apparatus that should provide protection to citizens but rather a foul. Therefore, the value of human rights and translates it into a number of international law and ratified by Indonesia. In the human rights legal instruments in force in Indonesia through Law no. 39/1999, article 8, 71, and 72; countries have an obligation to respect, protect and fulfill human rights through the implementation of policies in different forms. In this case, the violation occurs in the condition of the country has failed to meet one of the three obligations. obligation to respect: all policies must be issued in respect by the state, including institutions and state apparatus. This is so that they take no action that could violate the integrity of individuals or groups, or violation of personal freedom. The obligation to protect: the obligation which the state and its state apparatus must perform the necessary action to protect and prevent an individual or group to violate the rights of individuals or other groups. Including the protection or violation of the freedom of a person. The obligation to fulfill: the state has an obligation to take measures that guarantee every person to have a legal right to meet the needs that are included in human rights instruments, in which that right can not be met in person. How Human Rights Abuses Happen? After understanding about what the human rights and human rights violations, the question then we need to know is who that could be categorized as human rights violators? Is it just a group can be regarded as the perpetrator? Or individuals also can be perpetrators? Then who is responsible? What about human rights violations may occur? The very first to be differentiated are the perpetrators of these abuses and accountability. Both have different aspects in the discourse of human rights. The occurrence of acts of human rights violations can be done by anyone, whether individuals or groups. In any case, liability shall be borne by the state as a representation of stakeholders mandatdari citizens. But did not rule out the person / group can be criminalized to account for violations that have been done. In general, there are two parties who may be perpetrators of human rights violations; State Actors and Non-State Actors. A. State actors (state actors). What is meant by state actors are those, both individuals and institutions that are in the capacity or as representatives of the State (legislative, executive and judicial). Human rights violations occurred because in carrying out their duties as representatives of the State takes no action to respect, protect and fulfill human rights of its citizens. As an example; A. The police often torture of suspects in doing inttrogasi. 2. Military attacks on civilians (non-combatant) in emergency situations. 3. The government does not take protective measures for victims of domestic violence or 4. State employees who commit acts of discrimination in providing public services Violations can occur because of the direct action of the State (commission act) or omission of the State (act of ommission). 2. Non-state actors (Non-State Actor) People / groups outside state actors can also be perpetrators of human rights violations in a variety of specific actions. The tendency is, non-state actors of the actors have some special characteristics. They usually have the power, influence and capital both. Often the perpetrators have a structure and an organized network. It often happens, the act of violations committed by non-state actors are not much different from the actions taken by the state or its agents. As an example; A. attacks against civilians by militia groups as happened in East Timor (now Timor Leste). as Timor-Leste are still in the area of Indonesia. 2. pollution made by a company resulting in the loss of the rights of others (eg health) Dissemination by FPI hatred against Ahmadis by issuing a call that the "halal Ahmadiyya blood" shed. Violations can occur because of direct action (act commission) of the perpetrators. Until now, the position of non-state actors are still being debated in the international world. In the traditional discourse of human rights violations are the responsibility of the State concerned of its obligations to citizens. In fact, the various acts that occurred in Indonesia are often made by parties outside the country. For example, the high domestic violence in Indonesia are increasingly worried that in fact committed by individuals tend to be left by the State. Cases of trafficking in persons is increasingly becoming an international mafia networks and engage. Then, some of the violations committed by multinational companies in several parts of Indonesia. The issue is then like out of state responsibility. Conference on Human Rights in Vienna in 1993 has provided a broader perspective on human rights, especially the issue of human rights violations. The Conference affirms that human rights consist of civil, political, cultural, economic and social development are inseparable, interrelated and interdependent. In addition, also asserted that accountability can also be addressed to a party outside the State. This was later confirmed in the Code of Maastricht (Maastricht Guidelines) which serve as guidelines in implementing the Covenant on Economic, Social and Cultural Rights. In it, comprehensively explained the concept of human rights violations committed by State or non-state actors. ENFORCEMENT EFFORTS TO HUMAN RIGHTS IN INDONESIA Human rights are fundamental rights inherent in human beings by nature, universal, and timeless as a gift given by God Almighty. Rights such as right to life, family rights, the right to develop themselves, the right of justice, freedom, the right to communicate, the right to security, welfare and rights are rights that should not be ignored or taken away by anyone, as listed in the formulation of human rights as stated in the Preamble to the Charter of Human Rights MPR Decree No. vide. XVII/MPR/1998. The concept of human rights as the rights inherent in human beings as a right that must be respected and protected, initially grown at the national level in the United Kingdom, United States (U.S.), and France in the 17th century and 18. This was evidenced by the issuance of Bill of Rights in 1689 in England, the Virginia Declaration of Rights and the Declaration of Independence in 1776 in the United States, Declaration des Droits de l'Homme et du Citoyen in 1789 in France, and the Bill of Rights in 1791 in the U.S.. National instruments establishes the points now known as human rights (human rights). In the 19 th century and early decades of the 20th century, the concept of human rights (human rights) began to flourish in the international level. This concept already embraced by the community of nations in the relationship between them. Efforts of the international community to strengthen the recognition and respect for human rights reached culmination on December 10, 1948 to be accepted and the proclamation of the Universal Declaration of Human Rights (UDHR). The Declaration sets out the rights and freedoms of every person who should be recognized and respected as well as the duty of man to be met. Although late, fifty years after the United Nations proclaimed the UDHR, the birth of MPR Decree No. XVII/MPR/1998 about human rights is a strategic milestone in the field of human rights in Indonesia. The grace period is considered sufficient half-century long shown that the complexity of this nation to adopt and adapt to the universal values of human rights values that have been adopted. Establishment of National Human Rights Commission (Komnas HAM) in 1993 received positive responses from various groups in Indonesia, as evidenced by the many reports of the National Human Rights Commission in relation to many human rights violations that occurred during this time. It is on one side shows how much attention the Indonesian people against human rights, but on the other hand shows how prihatinnya nation Indonesia also against human rights violations that had occurred in this country. Meaning and Implementation of Human Rights in Indonesia Historically, the Indonesian nation was born of a people who colonized 350 years full of misery and suffering. Therefore, the Indonesian nation, as set forth in the Preamble to the Constitution of 1945, strongly opposes any form of colonialism in the world as respect for human rights implementation. In the trunk of the 1945 Constitution also published several articles as the implementation of human rights. Then, the Constitution of the Republic of Indonesia (RIS) in 1949 and Provisional Constitution of 1950 contains detailed provisions on human rights. People's Consultative Assembly (MPRS) MPRS Decree No. with. XIV/1966 formed ad hoc committee to prepare a draft charter of human rights and the rights and obligations of citizens. MPRS General Assembly in 1968, the draft was not discussed with the intention that the draft was discussed by the Assembly election results. In recent times the MPR session in the New Order era, has never held a discussion of the draft. Finally, under pressure and demands of various segments of society, at the Special Session of the Assembly in November 1998 MPR Decree No. generated. XVII/MPR/1998 on Human Rights, which was then followed with the establishment of some legislation on human rights. It is seen as progress in human rights enforcement efforts in Indonesia amid concerns over the wide range of human rights in this beloved country. Typology and Practice of Human Rights Violations in Indonesia. Development approach that prioritizes security approach (approach to security) may be the cause of human rights abuses by the government. For about thirty-two years of the New Order came to power, the security approach taken by the government as key to maintaining stability in order to maintain the continuity of development for the realization of national economic pertumbulan. The pattern of this kind of approach is likely to lead to abuses by the government because of the stability enforced by repressive measures by the holders of power. Centralization of power is carried in the New Order, with a concentration of power in the central government in fact the figure of a president, has resulted in the loss of sovereignty over the country as a result of the mastery of the country's leaders to the people. Reversal theory of popular sovereignty has also resulted in the emergence of opportunities and human rights abuses by the state shutdown creativity and restraint of citizens political rights of citizens as the owner of sovereignty. The existence of this centralization of power has also been conducted in order to preserve the sovereignty of the holders of power. The quality of public services remains low, as a result of good governance has not been characterized by transparency in various fields, accountability, rule of law with justice, and democratization, as well as government officials have not changed the paradigm that is still positioned itself as a bureaucrat, not as a public servant, produce poor public services and tend to co-create human rights violations. Horizontal conflict and vertical conflict has spawned a variety of violent acts that violate human rights by both fellow community groups, individuals, as well as by officials, such as murder, assault, kidnapping, rape, expulsion, loss of livelihood, and loss of sense of security. Violations of the rights of women and children were still common. Similarly, human rights violations caused by issues of race, religion, race, and intergroup (SARA). Various instruments are available in Indonesia have not been able to protect its citizens from human rights violations even though the UN has declared human rights and in essence, asserts that every person born has the right to liberty and dignity regardless of race, color, religion and political convictions, language , and gender. As a result of the implementation of the rule of law not yet in Indonesia, commonplace human rights violations occur in the form of inequality before the law, menjauhnya sense of justice, and vigilante actions due to distrust of the law. Recognition and Enforce Human Rights Efforts in Indonesia Although the Republic of Indonesia was born before diproklamirkannya UDHR, some human rights and fundamental freedoms are very important fact established and recognized in the 1945, both the people's rights and individual rights, but implementation of individual rights does not last as it should because the Indonesian people in conflict Armed with the Dutch. On the RIS (December 27 1949-15 August 1950), recognition and respect for human rights, at least legally formal, highly advanced with the inclusion of no less than thirty-five articles of the Constitution in 1949 RIS. However, the short future RIS is not possible to carry out the enforcement of human rights as a whole. The same progress, is constitutionally Indonesia also took place on his return to the unity and force of Provisional Constitution of 1950 with the inclusion of thirty-eight chapters in it. At the time of enactment of the 1950 Provisional Constitution, respect for human rights can be quite good. Keep in mind that at that time, the nation's attention to the problem of human rights is still not too big. At that time, Indonesia declared the convention went into effect some of the International Labour Organization (International Labor Organization / ILO), which was enacted in the Netherlands by the Dutch East Indies and ratify the Convention on Political Rights of Women in 1952. Since the enactment of the 1945 return on July 5, 1959, Indonesia suffered a setback in human rights enforcement. Until 1966, the decline was especially true in matters relating to freedom of expression. Then in the New Order's worse, Indonesia suffered a setback in the enjoyment of human rights in all areas that are recognized by the 1945 Constitution. At the international level, for thirty-two years of the New Order period, Indonesia passed no more than two international instruments on human rights, namely the Convention on the Elimination of All Forms of Discrimination against Women (1979) and the Convention on the Rights of the Child (1989). In 1993 the National Human Rights Commission was established by Presidential Decree. 50 in 1993, which aims to help develop conditions conducive to the implementation of human rights and improving human rights protection "in order to support national development goals". Komnas HAM was established as an independent institution that has a position on par with other state agencies and carry out assessment work, research, extension, monitoring, and mediation of human rights. Although the Commission stated that it was formed is independent because its members are directly appointed by the president, the magnitude of the de facto presidential power in the life of the nation and the nation's objective conditions under which authoritarian and repressive regimes, the establishment of National Human Rights Commission to be not very meaningful human rights violations still occur everywhere. Since the collapse of the authoritarian regime and the repressive New Order, movement and respect for human rights, had previously been an undercurrent movement, came to the surface and move openly. This movement gained impetus with the receipt of MPR Decree No. XVII/MPR/1998 on Human Rights. Preparation of legislation as the "software" continues to be invited-undangkannya Law. 26 of 2000 on Human Rights Court which allows ad hoc human rights tribunal established to prosecute serious human rights violations that occurred before the Act was made. In those days it was known transitional justice, which in Indonesia seem agreed as a justice in transition, not only with respect to criminal justice (criminal justice), but also areas such as constitutional justice justice (constitutional justice), administrative justice (fairness of administrative ), political justice (political justice), economic justice (economic justice), social justice (social justice), and even historical justice (justice history). Nevertheless, more attention focused on the more common transitional criminal justice because it is one aspect of transitional justice that has direct impact on both fundamental interests and concerns of the victims and the perpetrators of these human rights violations. In addition, transitional forms of enforcement of criminal justice is a crucial element of the quality of democracy is in fact being pursued. Transitional criminal justice enforcement efforts are generally conducted through two channels at once, namely the judicial path (through the court process) and the path of extrajudicial (outside the court process). Judicial path is divided into two, namely the Human Rights Court and the Ad Hoc Human Rights Court. Court of Human Rights aimed at the serious human rights violations that occurred after the enactment of Law no. 26 of 2000, while the Ad Hoc Human Rights Court in place to prosecute human rights violations that occurred before Law. 26 of 2000. While extrajudicial path through the National Truth and Reconciliation Commission (KKRN) taken for the misuse of power and human rights violations in the past and gross human rights violations that occurred before the enactment of Law no. 26 of 2000. Settlement through the efforts should be oriented to the interests of such victims and the form of the solution can support the democratization process in the life of the nation as well as an effort to create the life of a democratic Indonesia with its main characteristics in the form of entry into force of the rule of law and respect for human rights and fundamental freedoms. Prevention of Human Rights Violations in Indonesia Security approaches that occurred in the New Order era by promoting repressive efforts should not be repeated. For that reason, the supremacy of law and democracy must be upheld. Law approach and the approach set out in the framework of dialogue should involve community participation in the life of the nation. Law enforcement officials must fulfill their obligations to provide good service and fair to the community, providing protection to any person from unlawful act, and to avoid violent acts against the law in order to enforce the law. Centralization of power that occurred during this needs to be limited. Decentralization through regional autonomy with the delivery of various authorities from central to local government needs to continue. Regional autonomy as an answer to overcome the injustice should not be stopped, but must be followed and to reform the deficiencies that still occur. Reform of government officials with authority to change the paradigm of a public servant by means of structural reforms, infromental, and the cultural imperative in order to improve the quality of public services to prevent the occurrence of various forms of human rights abuses by the government. Then, it should also be done on a variety of conflict resolution horizontal and vertical conflicts in the country which has given rise to numerous acts of violence which violates human rights by solving the root of the problem in a planned, fair, and thorough. Women are entitled to enjoy and get the same protection in all areas. Children as young people of the nation should have the benefit of all human rights guarantees available to adults. Children should be treated in a manner that promotes dignity and self-esteem, which enables them to interact in society. Children should get legal protection in order to foster the physical and psychological atmosphere that allows them to develop normally and well. For that need to be made a law that gives the child rights protection. In addition to these things, the need for social control (control of the public) and supervision carried out by the political institutions of any enforcement of human rights committed by the government. DPR also required a proactive attitude to participate in the effort to the protection, promotion, enforcement and fulfillment of human rights set out in accordance No. MPR. XVII/MPR/1998. In the field of dissemination of the principles and values of human rights, have intensified the use of education and training paths with, among others, the loading of human rights within the general education curriculum, the training of personnel and law enforcement officials, and the training of the legal profession. Given that Indonesia is today the nation is in transition from authoritarian and repressive regime to a democratic regime, but aware of the weak control of the problem and the realization that upholding human rights is the duty of all nations without exception, have applied the transitional justice, which allows victims of past human rights can realistically obtain justice. Human rights violations not only be done by the state (government), but also by a group, class, or the individual against the group, class, or other individuals. During this time more attention is focused on human rights violations committed by the state, while the human rights abuses by civilians might be a lot more, but less attention. Therefore there should be strict policies that ensure respect for human rights in Indonesia. This needs to be done by following these steps: A. Enhance the professionalism of security and national defense. 2. Enforce the law fairly, consistently, and not discriminatory. 3. Enhance harmonious cooperation between groups or classes in society to be able to understand and respect the beliefs and opinions of each. 4. Strengthening and consolidating democracy.
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