IMPLEMENTATION OF HUMAN RIGHTS (HAM) IN INDONESIA

A. Background

Human rights became an important discussion after World War II and were originally formed by the United Nations in 1945. The term human rights as a substitute for the term Natural Rights (natural law), because the concept of natural law relating to natural rights is controversial. Human rights, understood as natural rights, are a necessity of a social reality that is universal, but in its course has undergone fundamental changes in line with social beliefs and practices in the wider community.

Initially human rights were in developed countries, but in line with technological developments in transportation and telecommunications, developing countries like Indonesia, who are already members of the United Nations, must inevitably accept it to ratify international human rights instruments in accordance with the philosophy of Pancasila and The 1945 Constitution, as well as the culture of the Indonesian people.

The implementation of human rights in Indonesia is actually written in the 1945 Constitution, but it has not been stated clearly. After the DPR and MPR made amendments I through IV to the 1945 Constitution, human rights regulations are listed in articles 28 A to 28 J. In terms of the history of the Indonesian people, the articles on human rights have already been contained in the Law The Provisional Constitution of 1950 in full, but because the constituents formed through the 1955 general elections were dissolved based on Presidential Decree Number 150 of 1959, on July 5, 1959, the government of Indonesia automatically returned to the 1945 Constitution.

Various parties have tried to supplement the 1945 Constitution relating to human rights, for example the MPRS in the early sessions of the New Order had drafted the Charter of Human Rights and rights, and obligations of citizens. The MPRS has conveyed the MPRS Memorandum to the President and the Parliament relating to Human Rights, but due to various political interests at the time, the Charter could not be finally adopted. There was even a tendency for the New Order government at that time to be anti-human rights Charter, which the government assumed that human rights had been regulated in various laws and regulations. During the New Order government, democracy did not work well, for example there did not appear to be freedom of expression in public, freedom of the press, freedom of association, freedom of politics and so on. Only group political interests are dominant, so that the movements of society are limited by political power and power (militarism). However, for the benefit of the nation and the people of Indonesia as members of the United Nations, the UN Charter and Universal Declaration of Human Rights, as well as for the protection, progress and enforcement of human rights in accordance with Indonesian cultural principles based on Pancasila and the 1945 Constitution and applicable laws, the government stipulates : 1) Law No. 7 of 1984 concerning Ratification of the Convention Concerning the Elimination of All Forms of Discrimination Against Women, 2) Presidential Decree No. 36 of 1990 concerning Ratification of Children's Rights, 3) Presidential Decree No. 50 of 1993 concerning the National Commission on Human Rights.

To cure the disappointment of the Indonesian people with the Human Rights Charter, the MPR in its Special Session on 11 November 1998 ratified MPR Decree Number VII / MPR / 1998 which assigned to the High State Institutions and all government officials to respect, uphold and disseminate the understanding of Human Rights Humans in all Indonesian society. Even the civil administration at that time was very responding to the decision of the MPR by passing several laws relating to human rights in Indonesia, including: 1) Law no. 29 of 1999 concerning the International Convention on the Elimination of All Forms of Racial Discrimination 1965, 2) Law No. 39 of 1999 concerning Human Rights, 3) Law No. 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination. However, there are still many obstacles in implementing the legislation relating to human rights, but the current administration (since the reformation) has been better than before the reform.

B. Concept of Human Rights

Since the reign of the Old and New Order eras, real democracy has not been carried out as has been heralded since the Indonesian State's independence, and in accordance with the basic nature of the Pancasila and the 1945 Constitution, but only in the reformation era did democracy begin to appear clearly. Democracy is not really the best political system, but a democratic political system is better when we compare it with other political systems. At least a democratic political system is a political system that supports human efforts to realize justice, freedom, and social solidarity. The embodiment of these values ​​is part Human rights are a set of rights inherent in the nature and existence of humans as God's creatures and are His gifts that must be respected, upheld and protected by the state, law, government, and everyone for the honor and protection of human dignity and human dignity (Human Rights Law No.39 Th.1999, Chapter I, article 1). Meanwhile, according to Hendarmin Ranadireksa (2002) provides a definition of human rights in essence is a set of provisions / rules to protect citizens from the possibility of oppression, containment, and restrictions on the space for citizens to move by the state. However, Mahfud MD (2001: 127) revealed that human rights can be interpreted as rights inherent in human dignity as God's creatures, and that those rights are brought from humans from birth to the earth so that these rights are natural, and are not constituted human or state gift.

After the world experienced two world wars, which almost involved the whole world, where human rights were humiliated, trampled on, not even respected at all, so that the desire to formulate human rights was formed in an international text. This effort, on December 10, 1948, succeeded in sparking a worldwide declaration of human rights (Universal Declaration of Human Rights) by countries which are members of the United Nations (UN) in Paris.

A statement or charter of the Universal Declaration of Human Rights is only morally binding, but not yet legally. But even though it has not been legally memorized, this document has enormous moral, political and educational influence. This means that the Universal Declaration of Human Rights document can symbolize the moral "Commitment" of the international world on human rights norms and rights. The moral and political influence of the Universal Declaration of Human Rights has often been mentioned in judges' decisions, laws or laws of several countries, let alone by the United Nations.

In order for the Universal Declaration of Human Rights charter to be legally binding, it must be stated in the form of a unilateral agreement, namely on December 16, 1966, the Covenant was born from the United Nations general assembly which was binding for countries that ratified the Covenant (treaty) which essentially contained: a ) agreement on economic, social, cultural rights (Covenant on economic, social and cultural rights), contains the following matters; the right to work (article 6), the right to form a union (article 8), the right to retirement (article 9), the right to a decent living for oneself and family (article 11), the right to education (article 13), b) an agreement concerning civil and political rights (covenant on civil and political rights) which include; the right to life (article 6), freedom and security of self (article 9), equality in judicial bodies (article 14), freedom of thought and religion (article 19), freedom of peaceful assembly (article 21), and the right to association ( article 22).

Now human rights form a new world ethos, where humans have the right to life, the right to their integrity and the right to decent living conditions, freedom to express conscience, religion, and expression of respect, all people are equal before the law, everyone has the right to take the part in public affairs which is everyone's concern, as well as all forms of discrimination must be rejected. Like what was stated in Law No. 39 of 1999 concerning Human Rights, Chapter III, article 2 that states the Republic of Indonesia recognizes and respects human rights and basic human freedoms as rights that are inherently inherent to and inseparable from humans, which must be protected, respected, upheld for the sake of increasing human dignity welfare, happiness, intelligence and justice. All of these, and many others, are in line with broad consensus around the world, namely since the United Nations Declaration of Human Rights was adopted in 1948, it remains to be seen as an amplification in the life of the nation, state and daily life in society, especially Indonesia.

The declaration of human rights in our century is very contradictory to the rape of human rights that occurred in several parts of the world, including Indonesia, but openly there is recognition from the government and the community of the shared moral authority in itself, is a sign and hope for the future of rights human rights are brighter and respected. Politically, this expectation can be strengthened by the breaking of the dawn of democracy in various parts of the world (Indonesia) which in the past was gripped by totalitarian and authoritarian regimes, essentially anti-movements for the struggle for human rights.

C. Implementation of Human Rights in Indonesia

The development of a sustainable life to date from local, national and international realities, it seems that human rights develop together in a complementary relationship. Human rights have developed as an order which was originally limited to a certain State, but now it is worldwide. Human rights instruments that were originally universal have been used as a mirror of various norms of behavior that are specifically accepted by most countries in the world. This assumption is the basis for the acceptance of the universal declaration of human rights in 1948 by the world body of the United Nations.

At the opening of the declaration of Human Rights there is an acknowledgment of the essential mertabat and the same rights without discrimination, can not be revoked by all humanity, as well as the foundation for freedom, justice and world peace. Universal human rights values ​​are theoretically acceptable to all countries, but at the level of implementation there are always differences between one country and another, due to different perceptions / views. It is this difference in perspective which results in the implementation of universal values ​​of human rights not being uniform.

Based on international human rights instruments adopted by the State of the Republic of Indonesia in MPR Decree No. XVII / MPR / 1998, Law No. 39 of 1999, Perpu No. 1 of 1999, and Law No. 26 of 2000. Now it depends on how the Political Will of the Government of the Republic of Indonesia to implement purely and consequently these regulations. In general, we together understand that the state of Indonesia is a state based on law, but the law cannot play a role as Commander (rule of low).

As an instrument of human rights legislation so that it is disseminated to the public so that people can know and try to develop supporting facilities so that what is contained in human rights can be obeyed and carried out in the life of the nation and society. Thereby will have an impact on human rights legislation to run effectively, therefore it is necessary to have efforts to enforce human rights law properly, implementation in carrying out the task can be in the same direction and breathing with sound and interpretation agreed upon by the parties human rights enforcers and prosecuting offenders. Or in other words that human rights legislation in order to run properly and effectively, the makers, implementers and holders of their roles must be in one working system, and when this is not in one system, the implementation of human rights in the life of the nation, state and society cannot run well. The implementation of human rights needs normative provisions and moral commitment from the implementer. This normative regulation can be in the form of provisions containing rights and obligations, both government and society, while moral commitment in the form of a sincere and sincere struggle to fight for the rights and obligations of others in accordance with human rights legislation.

Lately, the Indonesian government has received a general assessment from the Western world, that it is as if it is not consistent in implementing human rights. The assessment is indeed not all true and also not all wrong, and if the implementation of human rights uses Western standards that are individual, liberal and capitalist, so what appears in Indonesia must be different, because Indonesia recognizes the existence of individual rights and collective / general rights then individual rights can be disregarded if deemed by the government to harm the community at large. The West emphasizes civil and political rights, while the Indonesian state in addition to these rights (political and civil) is also considered important to protect the interlocking economic and cultural rights.

Slanted assessments from Western countries often lead to tensions about the implementation of these human rights. However, the best step for Indonesia certainly cannot reject the universal values ​​of the declaration of human rights that have been legalized by the UN Agency, but as much as possible carry out in accordance with the cultures and regulations in force in Indonesia. And the most important thing for the government is to carry out a moral movement to all components of the nation, that human rights are one of humanity's prestige that we must uphold and try not to violate, so that we will have added value in the eyes of the international world.

In general, the implementation of human rights in Indonesia has not yet proceeded as mandated by the declaration of the United Nations Council or the legislation that has been enacted by the Indonesian government, but has experienced a change in a direction that is better than the previous government. This might also be caused by several factors namely; economic factors, culture, democracy, education, unemployment, justice, welfare, law enforcement and so on.

D. Human Rights in Indonesia's Cultural Perspective

Human rights are not only universal, but also contextual, human rights emerge in certain social contexts and face certain challenges. Whereas the notion of human rights emerged at a time and in a particular cultural environment, precisely in England in the 17th century, when it would enter modern times.

Human rights are not formulated all at once, but depend on the challenges, social threats of a particular context. Therefore, awareness of human rights is the result of the collapse of traditional society and the emergence of modern society and human rights can only be realized after the traditional social structures that protect individuals and groups of society are no longer powerless to provide guarantees to individuals and groups that have collapse. As long as human integrity is still guaranteed by adat and other social structures, there is no intention to formulate a concept of human rights. However, when social change occurs, where individuals, groups, groups, ethnicities, minority religions are threatened by state power or other social forces, human rights are increasingly becoming a means to guarantee the integrity of individuals, groups, groups, ethnicities, religions and races. .

Between contextual and universal human rights there is actually no contradiction, because if universal concerns the content of human rights, while contextual concerns relevance. Human rights do apply universally, but in the pre-modern context the obligation is irrelevant because it is guaranteed by traditional social means. Thus there is an accusation that human rights support the spread of individualism, but the accusation is not true, because human rights actually oppose the birth of individualism. Even human rights are ethical and legal means to protect individuals, groups and groups who are weak against the giant forces in modern society.

This also applies to Indonesia, because Indonesia has long been no longer a traditional society, and it is not the concept of human rights that dismantles traditional social structures in Indonesia, but the process of modernization itself is dismantling it. The process was partly unplanned and inevitable with the effects of globalization, communication and the economy, but to some extent it was initiated by the colonial government, and then consciously encouraged by all our governments.

Therefore it is a big mistake that human rights are considered as a sign of selfishness, in terms of human rights is actually a sign of solidarity and social care in the community concerned. Because it guarantees human rights, it means that the community sets standards or benchmarks for how all members of the community must be treated fairly, whether strong or weak, win or lose. Human rights always try to protect the weak, ethnic minorities, races, cultural religions, economically weak against the elite, and so on. These human rights are guarantees given by the strong to the weak in society, even though you have no power but you will still be treated as a human being and still live according to your human dignity. Ideally, human rights are the main means to guarantee solidarity between the strong and the weak in modern society.

E. Conclusions

Human rights are an issue that is most discussed at the national and international discourse levels, because more and more people on this earth, now feel very concerned with human rights. While in Indonesia since the onset of reform with the hope that democratic governance can be realized, and upholding the human rights of the Indonesian people, even though the ten years of the reform era are running it seems that what is expected by reformers (democracy and human rights) is not going well, but sudal is better than the era afterwards. The full implementation of international human rights cannot be fully carried out in Indonesia, given that the culture and capabilities of the Indonesian government are very different from those of the international human rights initiators themselves. Therefore, the implementation of human rights in Indonesia should be adapted to the situation and conditions of Indonesia, and it is not right to take sides in the implementation of human rights in Indonesia from Western glasses.