DEMOCRACY AND FREEDOM

This writing is the concern of 'children of the nation' in seeing the birth of this nation who is now even at the age of 75 years. The birth of the Indonesian nation was the result of the struggle of the ‘founding fathers’ heroes at the expense of body and soul with blood and tears in realizing the independence of the Indonesian nation. The long journey of this nation has gone through several Orders, namely the Old Order, the New Order and finally the Reform Order. In the current reform era, which began in 1998, the people truly enjoyed the very freedom of freedom (euphoria of freedom). In this reformation era, the values ​​of universality of human rights have a place to be respected, fulfilled and protected by the state. Very many national regulations that are very fundamental have been made by the state to implement the values ​​of respect, fulfillment and protection of human rights, both in the civil and political, economic, cultural fields that have been spelled out in the state constitution namely the 1945 Constitution of the Republic of Indonesia. The 1945 Constitution of the Republic of Indonesia has embodied the concept of democracy in Article 1 paragraph 2 which states "Sovereignty is in the hands of the people and implemented according to the Constitution" which is converged with Article 1 paragraph 3 which states "The State of Indonesia is a state of law". This means that democracy and the rule of law are united, inseparable. To realize an ideal democracy must be based on and in accordance with the procedures established by the 'law'. Democracy and the rule of law in history were born from the same concept of 'sovereignty'. Precisely sovereignty of the people (democracy) and legal sovereignty (nomocracy). The essence of Indonesia as a democratic rule of law or a democratic state based on the constitution (Basic Law), is that democracy (freedom) must be regulated by law, as well as the birth of legal products must be through a democratic mechanism. In the context of Indonesia as a democratic rule of law, freedom and democracy must be placed in a linear line. The freedom granted to the people in a democratic space must not be freely practiced without limits. Freedom carried out by individuals in a democratic country is limited by the freedom (human rights) of others. Not in the name of freedom and democracy, individuals or groups of people commit acts or actions that undermine the unity and integrity of the nation. In accordance with the mandate of the constitution, that the exercise of the right to freedom in a constitutional democratic state is limited by law, it aims to respect and protect the freedoms and rights of others and to meet fair demands in accordance with moral considerations, religious values, security, and public order in a democratic society. Democracy must be based on the mandate of the constitution, because true democracy aims to realize the security and order of the people and the welfare of the people. Democracy must be based on wise thoughts, ethics and morality. The characteristic of a country is called a democracy, according to Prof. Jurgen Habermas is when the country can present a neutral public space. One example of this neutral public space is social media. Through social media a person can exercise the right of freedom of expression in the form of the delivery of thoughts, opinions, opinions, ideas and ideas, as well as carrying out criticism and correction of things that harm and hinder the implementation of human rights values, criticism of abuse, arrogance and abuse of power that occurs in social life in the system of state life. Democracy is the basis for the implementation of freedom, without a good and healthy democratic climate in a country, of course the implementation of the right to freedom as part of human rights which is a fundamental right cannot be realized. Democracy that comes from the word demos which means people and cratos which means government, if examined more deeply that understanding of democracy refers to the existence of popular sovereignty. The essence of democracy with the meaning of popular sovereignty is the dominant system accepted by the modern nation state in the 21st century. The theory of People's Sovereignty has broken the absolute and authoritarian authority of the king (the ruler). Democracy which is defined as government by the people, from the people and for the people, has provided a wide open space for the people (individuals) to express their freedom. It is interesting to the author, that in the current era of democracy and freedom, the exercise of political rights by citizens in the political arena or political constellation has caused euphoria of uproar that tends to jeopardize diversity, nationalism and national unity. The facts show that the political constellation of power is often followed by diction or narratives on social media in the form of false or fake news and the existence of uploads of hate speech that are of an SARA nuance (Ethnic, Religion, Race, Intergroup) that are all uploaded are sheltered behind the right of freedom of expression.