Definition of Human Rights
Human Rights are basic rights possessed by humans because of their dignity as human beings and not granted by the community or the state. Man has it because he is human. Therefore, human rights cannot be eliminated or declared invalid by the state. The notion of human rights is not static but dynamic. Human rights, which were originally only state absolutism, evolved to the right to create social, economic, political and cultural conditions, which were taken into account to enable individuals to develop themselves into multidimensional human persons.
History of Human Rights
The history of the birth of HAM began in England. The English people have a tradition of resistance to kings who try to rule absolutely.
In 1215, the noblemen forced King John to publish the Magna Charta Libertatum (arbitrary ban, detention, and seizure of things).
In 1679, the Habeas Corpus Act was issued (the detainee had to appear before a judge within three days and be informed of his arrest).
In 1689, the Bill of Rights was published (Deed of Declaration of Rights and Freedoms of the People and the Succession Procedure of the King).
This Act is the first modern constitution in the world. In the act, it was argued that the king was subject to parliament, could not collect taxes or have any troops at peace without parliamentary approval, and had to recognize parliamentary rights. The law is still discriminatory (even male only).
Type of human rights
Famous philosophers such as John Locke, Aristotle, Montesquieu, and J.J. Rousseau concludes that human rights include the right to freedom of religion, the right to freedom of religion, the right to freedom of assembly, the right to freedom of citizenship from arbitrary detention (free from fear), and the freedom of mind and the press. According to Federico Lenzerini in his book The Culturalization of Human Rights Law, basic human rights can be divided on self preservation, independence, equality, respect and intercourse.
There are 6 types of human rights, which are:
Personal rights
Property rights
Political rights
Rights of legal equality
Social and cultural rights
Procedural rights
The role of society in upholding human rights
In the pursuit of human rights in a country, government and community priorities are essential. Community members who can and should participate in human rights protection, enforcement, and development efforts include individuals, groups, political organizations, non-governmental organizations, or other community organizations. Human rights violations can happen anytime and anywhere. An individual has the right to participate in human rights enforcement efforts when he or she receives treatment or for acts that violate human rights. The only form of participation you can make is to report human rights violations to the Human Rights Commission or other agencies. As society matures, social change is also rapidly and dynamically changing so it is very difficult for governments to observe human rights at all times. To address these obstacles, the public can assist by conducting research, education, and dissemination of information on human rights, both individually and in collaboration with the Human Rights Commission.
The instrument or basis of international human rights law
In 1948, the UN issued a statement on protection of human rights. The statement is known as the Universal Declaration of Human Rights, a worldwide statement of human rights, consisting of 30 articles. The Charter calls on all members and peoples of the world to guarantee and recognize the human rights enshrined in the constitution of their respective countries. Indeed, the Universal Declaration of Human Rights is a reaction to dehumanization and calls on UN member states to protect and prevent human rights violations against its citizens. History testifies to how humans are capable of doing things that are degrading to other humans. Humans commit slavery, colonialism, and genocide. These are the background to the birth of the Universal Declaration of Human Rights.
Indonesian government's efforts to uphold human rights
Compared to the past, the development of human rights in Indonesia during the reforms has a clearer operational basis. In fact, the terms fundamental or human rights have been extensively included in Indonesian legislation, as in the Constitution of 1945, the Constitution of the RIS 1949, the Provisional Constitution of 1950, and Tap MPRS No. XIV/MPRS/1966. Nevertheless, the MPR's resolution on new human rights was made during the reforms, such as Tap MPR No.XVII/MPR/1998. In order to uphold human rights in Indonesia, the government established an independent agency of the National Commission on Human Rights (Jakarta Human Rights Commission) based in Jakarta by Presidential Decree No. 50 of 1993. The human rights commission only acts as an investigator by collecting various data and facts from the case of alleged human rights violations. The results of the investigation were handed over to the prosecutor. Next, the sentencing process is handed over to the court.
The enforcement of this formal juridical law is strengthened by the passing of Law No. 39 of 1999 on the Implementation of Human Rights in Indonesia and Law No. 26 of 2000 on the Human Rights Court. Tap MPR No. XVII/MPR/1998 contains the Human Rights Charter which includes the right to life, the right to family and perpetuation, the right to self-promotion, the right to justice, the right to freedom, the right to freedom of information, the right to security, the right to welfare, and the right to freedom. for protection and advancement by the government.
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