Selasa, 17 Januari 2017
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| PROTECTION OF HUMAN RIGHTS IN INDONESIA |
Humans are the most glorious creatures of God, and have a noble degree as human beings, have their own independent mind and initiative. All human beings as human beings have the same dignity and degree, and have the same rights. The high degree of humanity comes from God who created it. Thus all human beings are free to develop themselves in accordance with the healthy spirit. As a creature of God, all human beings have the same rights as human beings. These same human rights are often called human rights. Human rights means rights inherent in human beings by their very nature, meaning human rights as human beings. Human rights are the basic rights that human beings possess as human beings who come from God, and can not be inviolable by anyone.
How to protect human rights in Indonesia? Even if the implementation is not maximal the following instruments Human Rights Protection in Indonesia
1. Undang-Undang Dasar 1945 AMENDMENT RESULT
In Indonesia, efforts to elaborate human rights provisions have been made through the amendments of the 1945 Constitution, the following articles of the 1945 Constitution of Amendment
1) Article 27 of the 1945 Constitution reads:
(1) "All citizens shall be at the same time in law and government and shall be obligated to impose such law and government without exceptions".
(2) Every citizen shall have the right to work and a decent living for humanity.
(3) "Every citizen shall have the right and obligation to participate in the defense of the state."
2) Article 28 of the 1945 Constitution
"Freedom of association and assembly, issue of thought with oral and written and so on is stipulated by law"
3) Article 28 A
Everyone has the right to live and have the right to survive and live
4) Article 28 B
(1) Everyone has the right to form a family and to continue the offspring through legitimate marriage
(2) Everyone has the right to survival, growth and development and is entitled to protection from violence and discrimination
5) Article 28 C
(1) Everyone has the right to develop themselves through the fulfillment of their basic needs, deserve education and benefit from science and technology, art and culture in order to improve the quality of life and for the welfare of mankind.
(2) Every person shall have the right to advance himself / herself in the struggle for his / her right collectively to build his society, nation and country
6) Article 28 D
(1) Everyone is entitled to fair recognition, guarantee, protection and legal certainty and equal treatment before the law
(2) Everyone shall have the right to work and receive fair and reasonable remuneration and treatment in the employment relationship
(3) Every citizen shall be entitled to equal opportunity in government
(4) Everyone is entitled to citizenship status
7) Article 28 E
(1) Everyone freely embraces religion and worships according to his religion, chooses education and teaching, chooses employment, elects citizenship, chooses residence in the territory of the country and leaves it and is entitled to return.
(2) Everyone has the right to freedom of belief, to express his thoughts and attitudes according to his conscience.
(3) Everyone has the right to freedom of association, assembly and expression.
8) Article 28 F
Every person shall have the right to communicate and obtain information to develop his / her personal and social environment and shall have the right to seek, obtain, possess, store, process and convey information by using any available channels.
9) Article 28 G
(1) Everyone is entitled to personal protection, family, honor, dignity, and property under his control, and is entitled to a sense of security and protection from the threat of fear to do or not to do something that is his basic right.
(2) Everyone shall have the right to be free from torture or degrading treatment of human dignity and entitled to obtain political asylum from another country.
10) Article 28 H
(1) Everyone shall have the right to live in physical and spiritual prosperity, to live and to have a healthy and healthy living environment and to be eligible for health services.
(2) Everyone shall have the right and privilege to have equal opportunities and benefits to achieve equality and fairness
(3) Everyone shall be entitled to compensation for social security which enables his complete development as a dignified human being
(4) Everyone shall have the right to own the right of private property and the right to property shall not be arbitrarily taken over by any person.
11) Article 28 I
(1) The right to life, the right not to be tortured, the right of freedom of thought and conscience, the right of religion, the right not to be enslaved, the right to be recognized as a person before the law, and the right not to be prosecuted on the basis of retroactive law is a human right which can not be reduced under any circumstances.
(2) Everyone shall have the right to be free from discriminatory treatment on any basis and shall be entitled to protection against such discriminatory treatment.
(3) The cultural identity and rights of traditional societies are respected in harmony with the times and civilizations.
(4) The protection, promotion, enforcement and fulfillment of human rights is the responsibility of the state, especially the government
(5) To uphold and protect human rights in accordance with the principles of a democratic legal state, the implementation of human rights is guaranteed, regulated and set forth in legislation.
12) Article 28 J
(1) Everyone shall respect the human rights of others in the orderly life of society, nation and state.
(2) In the exercise of their rights and freedoms, each person shall be subject to the restrictions laid down by law with the sole intent of ensuring the recognition and respect of the rights and freedoms of others and to fulfill fair demands according to adab judgment, religious values, security and public order in a democratic society.
13) Article 29
(1) State based on the One and Only God
(2) The State guarantees the freedom of every citizen to embrace his or her own religion and to practice according to his or her religion and belief.
14) Article 30 paragraph (1)
(1) Every citizen shall have the right and obligation to participate in the defense and security of the state.
15) Article 31
(1) Every citizen shall have the right to education
(2) Every citizen is obliged to follow basic education and the government is obliged to finance it.
16) Article 32
(1) The State promotes Indonesian national culture in the midst of world civilization by guaranteeing the freedom of society in maintaining and developing its cultural values.
17) Article 33
(1) The economy is prepared as a joint effort based on the principle of kinship
(2) Production branches that are important to the state and which affect the livelihood of the people are controlled by the state.
(3) The earth, water and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people.
18) Article 34
(1) The poor and neglected children are kept by the state.
2. LAW OF THE REPUBLIC OF INDONESIA NUMBER 39 YEAR 1999 ON HUMAN RIGHTS
In order to elaborate the provisions of human rights has been done through the amendment of the 1945 Constitution has promulgated Law No. 39 of 1999 on Human Rights. Broadly speaking, the Law of the Republic of Indonesia Number 39 Year 1999 on Human Rights covers:
1) The right to life (eg right: sustaining life, obtaining inner-born welfare, acquiring a good and healthy environment);
2) The right to marry and continue the offspring.
3) Right to self-development (eg right: fulfillment of basic needs, improve quality of life, benefit from science and technology, obtain information, do social work);
4) Right to justice (eg right: legal certainty, equality before the law);
5) The right to personal freedom (eg right of religion, political belief, elect citizenship status, opinion and dissemination, establishment of political parties, NGOs and other organizations, free to move and reside);
6) The right to security (eg right: obtaining political asylum, protection against the threat of fear, communicating, protection against torture, enforced disappearance and disappearance of lives);
7) The right to welfare (eg rights: private and collective property, obtaining decent work, establishing unions, decent living, decent living, and social security);
8) The right to participate in government (eg right: elect and be elected, direct and indirect participation, appointed in government office, propose to the government);
9) Women's rights (equal rights / no discrimination between women and men in politics, employment, civic status, marital family);
10) Rights of the child (eg right: protection by parents, family, community and country, worship according to religion, expression, special treatment for disabled children, protection from economic exploitation, occupation, sexual harassment, child trafficking, narcotics abuse, addictive others).
3. LAW NO. 7 OF 1984 ON THE RATIFICATION OF THE UN CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (ABBREVIATED AS WOMEN CONVENTION).
With ratification of the Convention, all forms of discrimination based on sex differences (male - female) must be removed. For example, the treatment of wage for female laborers under male wage should be abolished, so the world of politics does not belong to men so women should be given equal opportunity to occupy positions within political parties and government. Thus there is a difference in respect for men and women, not because of their gender but because of differences in achievement. We must realize that the development of a country, the welfare of the world, and the efforts of peace require the maximum participation of women on the basis of equality with men. We can not deny the magnitude of women's contributions to family welfare and child-rearing. This shows the necessity of dividing responsibilities between men and women and society as a whole, not the basis of discrimination.
4. LAW NO. 23 OF 2002 ON CHILD PROTECTION
Law No. 23 of 2002 asserts that the accountability of parents, families, communities, government and the state is a series of activities carried out continuously for the protection of children's rights. The series of activities should be sustainable and directed to ensure the growth and development of children, whether physical, mental, spiritual or social. This action is meant to realize the best life for the child who is expected as a potential, resilient, nationwide successor of nationalism imbued with noble character and Pancasila value, and strong will to maintain unity and unity of nation and state.
Child protection efforts need to be done as early as possible, ie from the fetus in the womb until the child is 18 (eighteen) years old. Starting from a comprehensive, comprehensive, and comprehensive conception of child protection, this law places the obligation to provide protection to children on the basis of the following principles:
a. nondiscrimination;
b. the best interests of the child;
c. the right to life, survival and development; and
d. appreciation of the child's opinion.
In the conduct of the development, development and protection of children, the role of the community, whether through child protection institutions, religious institutions, non-governmental organizations, social organizations, social organizations, the business community, mass media or educational institutions.
5. LAW NO. 8/1998 ON THE RATIFICATION OF THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT OR CRUEL TREATMENT OR PUNISHMENT.
The Convention governs the prohibition of torture both physically and mentally, and other cruel, inhuman or degrading treatment or punishment by or against instigation of or with the consent / knowledge of the public official and others acting in his or her position. This means that the ratifying RI State must take legislative, administrative, legal and other effective measures to prevent acts of torture within its jurisdiction. For example, the steps taken by improving the interrogation and pembinaan of each law enforcement apparatus and other public officials responsible for persons deprived of their independence.
6. LAW NO. 1 OF 2000 ON RATIFICATION OF ILO CONVENTION NO. 182 CONCERNING VIOLATIONS AND IMMEDIATE ACTION ON THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR.
According to the International Labor Organization (ILO) Convention, the term "worst forms of child labor implies the following:
1). All forms of slavery or slavery-like practices, for example:
a) the sale of the child;
b) trafficking of children;
c) employment of bonds;
d) slavery (slavery);
e) forced or compulsory labor;
f) mobilization of children by force or obligation to be used in armed conflict;
2). The use, procuring or offering of children for prostitution, for the production of pornography, or for pornographic performances;
3). The use, procuring or offering of children for illicit activities, especially for the production and trade of medicines.
4). The work of that nature or the environment in which the work is performed may harm the health, safety or adab of the child.
With UURI Number 1 of 2000 on Ratification of ILO Convention No. 182, the Republic of Indonesia shall take legislative, administrative, legal and other effective measures to prevent the practice of child labor in the worst forms of child labor in industry and community.
7. LAW NO. 11 OF 2005 ON THE RATIFICATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS).
The Covenant establishes and outlines the human rights, economic, social and cultural aspects of the UDHR or the Universal Declaration of Human Rights (UDHR) in legally binding terms. The Covenant consists of preamble and articles covering 31 articles. In essence, the present covenant recognizes the human rights of every person in the economic, social and cultural fields, including:
1) the right to work,
2) the right to enjoy just and favorable working conditions,
3) the right to form and join trade unions,
4) the right to social security, including social insurance,
5) the right to the widest possible protection and assistance for families, mothers, children and young people,
6) the right to an adequate standard of living,
7) the right to enjoy the highest attainable standard of physical and mental health,
8) the right to education, and
9) the right to participate in cultural life.
8. LAW OF THE REPUBLIC OF INDONESIA NUMBER 12 YEAR 2005 REGARDING RATIFICATION OF INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS).
The Covenant establishes the human and civil rights principles contained in the UDHR to be legally binding provisions. The Covenant consists of preamble and articles covering 6 chapters and 53 Articles. Civil rights (fundamental freedoms) and political rights include:
a) Civil rights:
1) the right to life;
2) the right to be free from torture, cruel, inhuman or degrading treatment or punishment;
3) the right to be free from slavery;
4) the right to be free from arbitrary arrest or detention;
5) the right to choose his residence, to leave any country including his own country;
6) the right of equality before the judiciary and the judiciary;
7) right to presumption of innocence.
8) the right to freedom of thought;
9) right of belief and religion;
10) the right to have opinions without interference from others;
11) the right to freedom of expression;
12) the right to marry / form a family;
13) the right of the child to the protection required by his status as a minor, the immediate enforcement of every child after birth and the necessity of having a name, and the right of the child to the nationality;
14) equal status of all persons before the law and
15) the right to equal legal protection without discrimination.
b) Political Rights:
1) the right to peaceful assembly;
2) the right to freedom of association;
3) the right to participate in public affairs;
4) the right to vote and to be elected;
5) the right to have access to public office in the country;
9. LAW OF THE REPUBLIC OF INDONESIA NUMBER 26 OF 2000 ON HUMAN RIGHTS COURT.
Law No. 26/2000 regulates courts for gross human rights violations. The Human Rights Court is a special court which is in the public court and domiciled in the district or city. The Human Rights Court is a special tribunal against gross human rights violations covering crimes of genocide and crimes against humanity. The crime of genocide is any act committed with the intent to destroy or annihilate all or part of a nation, race, group, ethnicity and religion. The ways in which crime of genocide, for example; kill, actions that cause physical or mental suffering, create conditions that result in physical extinction, force actions aimed at preventing birth, forcibly transferring children from certain groups to other groups.
While the intended crimes against humanity is one of the acts committed as part of a widespread or systematic attack it knows that the attack is directed against civilians. Crimes against humanity for example:
1) murder, extermination, slavery, torture;
2) forced expulsion or displacement;
3) arbitrary deprivation of liberty or other arbitrary deprivation of physical liberty in violation of the mendasar provisions of international law;
4) rape, sexual slavery, forced prostitution, forced pregnancy, sterilization or forced sterilization or other forms of sexual violence equal;
5) the persecution of a particular group or association based on a commonly recognized political, racial, national, ethnic, cultural, religious, ethnic, cultural, ethnic, cultural, religious, or other cultural notion as prohibited under international law;
6) enforced disappearance (arrest, detention, or kidnapping accompanied by a denial of acknowledgment of such acts and provision of information about the fate and whereabouts of the victim with the intention of releasing from legal protection for a long time);
7) the crime of apartheid (oppression and domination by a racial group of racial or other groups and done with a maskud to defend the rules of the ruling government or regime). The Human Rights Court has the duty and authority to examine and decide cases of gross human rights violations. The Human Rights Court is also authorized to examine and decide cases of gross human rights violations committed outside the territorial boundaries of Indonesian territory by Indonesian citizens (WNI). Besides, it is also known as the Ad Hoc Human Rights Court, which is authorized to adjudicate gross human rights violations that occurred before the enumeration of UURI Number 26 Year 2000 on Human Rights Court. Therefore, gross human rights violations do not recognize expiration. In other words, the Ad Hoc Human Rights Court is the application of the retroactive principle of gross human rights violations.
10. PRESIDENTIAL DECREE NUMBER 50 YEAR 1993 CONCERNING THE NATIONAL COMMISSION (KOMNAS HAM)
The National Commission (Komnas HAM) was formed by Presidential Decree No. 50 of 1993. The establishment of this commission is an answer to the demands of society and international pressure on the need for human rights enforcement in Indonesia. Then with the birth of UURI Number 39 Year 1999 on Human Rights, which in it regulate about Komnas HAM (Chapter VIII, article 75 s / d99), Komnas HAM which is formed by Presidential Decree must adjust to UURI Number 39 Year 1999. Komnas HAM aims:
1) to assist in the development of conditions conducive to the implementation of human rights.
2) enhance the protection and enforcement of human rights for the development of a fully Indonesian human person and the ability to participate in various areas of life.
To implement these objectives, Komnas HAM has the following functions:
1) Research and research functions. To carry out this function, Komnas HAM has the authority to:
a) undertake the study and research of various international instruments with the aim of providing suggestions on the possibility of accession and or ratification.
b) undertake the review and research of various laws and regulations to provide recommendations on the establishment, amendment and revocation of laws relating to human rights.
2) Extension function.
In the context of implementing this function, Komnas HAM is authorized to:
a) disseminating insights about human rights to the people of Indonesia.
b) raising public awareness about human rights through formal and non-formal education institutions and various other groups.
c) cooperation with other organizations, institutions or other parties at national, regional, and international levels in the field of human rights.
3) Monitoring function.
This function includes the following:
a) observing the implementation of human rights and the compilation of reports of observations.
b) investigation and examination of events that arise in a society where human rights violations are alleged to exist.
c) summoning to the complainant or the victim or the complained party to be asked for or heard his / her statement.
d) summoning witnesses for questioning and witnessing, and to the complainant's witness being required to submit the necessary evidence.
e) review at the scene and other places deemed necessary.
f) calling on the parties concerned to provide written information or to submit the necessary documents in accordance with the original with the approval of the Chief Justice.
g) Local examination of houses, yards, buildings and other places occupied or owned by certain parties with the approval of the Chief Justice.
h) giving opinion based on the approval of the Chief Justice of a particular case that is in the judicial process, where in the case there is a violation of human rights in public matters and a hearing by a court which later Komnas HAM opinion shall be notified by the judge to the parties.
4) Mediation function.
In carrying out the mediation function of Komnas HAM is authorized to:
a) the peace of both parties.
b) settlement of cases through consultation, negotiation, conciliation and expert judgment.
c) advising the parties to settle disputes through courts.
d) submitting a recommendation on a case of human rights violation to the Government for follow-up to its resolution.
e) submitting a recommendation on a case of human rights violation to dewan perwakilan rakyat RI for follow up.
For every person and or group having strong grounds that their human rights have been violated, they may file reports and oral or written complaints on the National Human Rights Commission (Komnas HAM). A complaint will only be served if it is accompanied by a correct claimant identity and a clear explanation or clear evidence of the complained material.
11. THE NATIONAL COMMISSION ON CHILD PROTECTION AND THE INDONESIAN CHILD PROTECTION COMMISSION
The National Child Protection Commission (KNPA) was born from a national child protection movement that actually began in 1997. Later in the reform era, the responsibility to provide child protection was left to the community. KNPA's duties undertake child protection from treatment, for example: discrimination, exploitation, economic or sexual, abuses, cruelty, violence, torture, injustice and other mistreatment. KNPA also encouraged the birth of Law Number 23 Year 2002 on Child Protection. Besides KNPA is also known KPAI (Indonesian Child Protection Commission). KPAI was formed based on the mandate of article 76 of RI Law Number 23 Year 2002.
The Indonesian Child Protection Commission is tasked with:
a. socialize all provisions of legislation related to child protection
b. collect data and information, receive public complaints, conduct review, monitoring, evaluate and supervise the implementation of child protection.
c. provide reports, suggestions, inputs and considerations to the President in the context of child protection. For example, for the task of providing input to the President / government of KPAI asking the government to immediately make a law for smoking ban for children or at least include article of smoking ban for children in the Act.
12. PRESIDENTIAL DECREE NO. 181/1998 ON THE ESTABLISHMENT OF A NATIONAL COMMISSION ON VIOLENCE AGAINST WOMEN
The National Commission on Violence Against Women was formed according to Presidential Decree No. 181/1998. The basic consideration of the establishment of the National Commission was to prevent and eliminate all forms of violence against women. The National Commission is independent and aims to:
a. disseminating an understanding of the forms of violence against women.
b. developing conditions conducive to the elimination of violence against women.
c. increase efforts to prevent and overcome all forms of violence against women and women's rights.
In order to realize the above objectives, the National Commission has the following activities:
1) dissemination of understanding, prevention, handling, elimination of all forms of violence against women.
2) study and research on various UN instruments on the protection of human rights of women.
3) monitoring and researching all forms of violence against women and providing opinions, suggestions and judgments to the government.
4) dissemination of results of monitoring and research on the occurrence of violence against women to the community.
5) the implementation of regional and international cooperation in preventing and overcoming violence against women.
13. LAW NUMBER 27 YEAR 2004 REGARDING THE TRUTH AND RECONCILIATION COMMISSION
Formed under Law Number 27 Year 2004 regarding the Truth and Reconciliation Commission. The existence of the Truth and Reconciliation Commission (KKR) to:
1) Provide an alternative to solving gross violations of human rights outside the Human Rights Court when the settlement of gross human rights violations through human rights courts and Ad Hoc human rights courts is deadlocked;
2) Mediation facilities between perpetrators and victims of gross human rights violations to resolve outside the human rights court.
It is hoped that the kasus of gross human rights violations can be solved, because if it can not be solved then it will become an obstacle for the effort to create a sense of justice and truth in society. If the sense of justice and the desire of the people to reveal the truth can be realized, then it can be realized reconciliation (peace / reconciliation). This reconciliation is important for the life of the nation and the state can be avoided from the long-standing conflict and grudge of history among fellow children of the nation. The peacekeeping of the nation's children is the main capital for building this nation and country toward progress in all fields.
14. PRO-DEMOCRACY AND HUMAN RIGHTS NGOS
In addition to human rights enforcement agencies established by the government, the community also established various human rights institutions. Human rights institutions are formed mainly by NGOs (Non-Governmental Organizations) or NGOs (Non Governmental Organizations) whose programs focus on democratic development (democratization) and human rights development. These NGOs are often referred to as Pro-democracy and Human Rights NGOs. These NGOs include:
a) YLBHI (Indonesian Legal Aid Foundation Foundation)
b) Contrast (Commission for Missing Persons and Victims of Violence),
c) Elsam (Institute for Study and Community Advocacy),
d) PBHI (Association of Legal Aid and Human Rights of Indonesia).
NGOs dealing with various aspects of human rights, in accordance with their own interests and abilities are generally formed prior to the establishment of Komnas HAM. In implementing the protection and enforcement of HAM, NGOs appear to be working partners of Komnas HAM. For example, NGOs assist victims of human rights violations to Komnas HAM. In many regions, NGOs have also grown rapidly with an interest in human rights and democracy as well as other aspects of life. For example in Yogyakarta there are approximately 22 NGOs. NGOs in the Yogyakarta area are some of the branches of the National (National) NGO and some are independent.
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