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PAPERS ON HUMAN RIGHTS
CHAPTER I
INTRODUCTION
1.1 Background
Rights is a normative element inherent in every human being in the scope of its application is in equal rights and the right of freedom associated with the interaction between the individual or the institution. Rights is also something that must be earned. Issue of human rights is something that is often talked about and discussed, especially in this era of reform. Upheld human rights more and more attention in the reform era of the pre-reform era. Keep in mind that, in the enjoyment of rights, we do not live our lives alone and socialize with others. Let us not commit human rights abuses against others in the business acquisition or fulfillment in ourselves. In this case I feel compelled to write a paper about human rights. So with this writer took the title "Human Rights".
Theoretically Human Rights are rights inherent in human beings that is the natural and fundamental as a gift from God that must be respected, preserved and protected. nature of Human Rights itself is an effort to maintain the safety of human existence as a whole through the action of a balance between the interests of individuals with common interests. So did the efforts to respect, protect and uphold human rights obligations and responsibilities to be shared between individuals, (both Civil and Administrative Military Government), and the state.
Under some formulations of human rights above, it can be deduced about the nature of some of the basic human rights, namely:
a. Human rights need not be given, bought or in inherited, human rights are part of human automatically.
b. Human rights apply to all people without regard to sex, race, religion, ethnicity, political opinion or social origin, and the nation.
c. Human rights can not be violated, no one has the right to restrict or violate the rights of others. People still have rights even if a state makes laws that do not protect or violate human rights.
1.2 Problem Formulation
In this paper the authors identified the following problems:
What understanding of Human Rights (HAM)
Explanation of Human Rights (HAM) at Global level
Enforcement issues and human rights in Indonesia
What are examples of violations of Human Rights (HAM)
CHAPTER II
2.1 Definition of Human Rights (HAM)
Human rights are the basic rights inherent in human beings, without that human rights can not live properly as John Locke human rights are the rights that are given directly by God the Creator as a natural right. In Article 1 of Law Number 39 Year 1999 on Human Rights stated that "human rights are a set of rights attached to nature and human existence as a creature of the Almighty God and is His grace that must be respected, upheld and protected by the state , law, government and every person, for the respect and protection of human dignity ".
The scope of human rights include:
Personal rights: equality rights of life, liberty, security, and others;
Private property and the social groups where a person is;
Civil and political freedom to be able to participate in the government, as well as
Rights with regard to economic and social problems.
Nature of Human Rights itself is an effort to maintain the safety of human existence as a whole through the action of a balance between the interests of individuals with common interests. So did the efforts to respect, protect and uphold human rights obligations and responsibilities to be shared between individuals, (both Civil and Administrative Military Government), and the state.
Under some formulations of human rights above, it can be deduced about the nature of some of the basic human rights, namely:
a. Human rights need not be given, bought or in inherited, human rights are part of human automatically.
b. Human rights apply to all people without regard to sex, race, religion, ethnicity, political opinion or social origin, and the nation.
c. Human rights can not be violated, no one has the right to restrict or violate the rights of others. People still have rights even if a state makes laws that do not protect or violate human rights.
2.2 Human Rights (HAM) at Global level
Before UN human rights concept, there are some major concepts of human rights, namely:
a. Ham, according to the concept of Western countries
1) Want to abandon the concept of the absolute state.
2) Want to set up a federation of free peoples.
3) The basic philosophy: human rights embedded in the human individual.
4) Human rights there than the first order of the State.
b. According to the socialist concept of human rights;
1) lost rights of the individual and integrated in society
2) Human rights did not exist before the State there.
3) State the right to restrict human rights when the situation demands.
c. Concept of human rights according to the peoples of Asia and Africa:
1.Tidak contravene religious teachings according to their nature.
2.Masyarakat as a big family, it means major tribute to the head of the family
3.Individu subject to customary head-related duties and responsibilities as members of society.
d.HAM according to the UN concept;
The concept of human rights by a UN commission headed by Elenor Roosevelt and was officially called the "Universal Decralation of Human Rights".
Universal Decralation of Human Rights states that everyone has:
Ø The right to life
Ø Independence and security agencies
Ø The right to legal personality recognized
Ø The right to bail in a criminal case law
Ø The right to enter and exit the territory of a State
Ø The right to ownership of objects
Ø The right to freely express thoughts and feelings
Ø The right to freedom of religion
Ø The right to work
Ø The right to trade
Ø The right to education
Ø The right to participate in the cultural movement
Ø The right to enjoy the arts and to participate in the advancement of science.
2.3 Issues and Enforcement of Human Rights in Indonesia
In line with the mandate of the Constitution, Indonesia believes that the promotion and protection of human rights should be based on the principle that civil rights, political, economic, social, cultural, and development rights is one can not be split, both in the implementation, monitoring, and implementation. In accordance with Article 1 (3), article 55, and 56 of the UN Charter to promote and protect human rights should be done through a depressing concept of international cooperation based on the principle of mutual respect, equality, and the relationship between international law applicable
Rule of law and human rights programs include combating corruption, antitrorisme, and the eradication of narcotics and dangerous drugs abuse. Therefore, the rule of law and human rights must be carried out strictly, non-discriminatory and consistent.
The main activities of law enforcement and human rights include the following:
Implementation of the National Action Plan on Human Rights (RANHAM) from 2004-2009 as a national movement
Increase effectiveness and strengthening of institutions / legal institutions or agencies whose functions and duties to uphold human rights
Increased efforts to respect equality of every citizen before the law by example the head of state as well as other leaders / obey the law and human rights are consistently and consequently
Improved operational activities of law enforcement and human rights in order to hold the social order so that people can walk reasonable dynamics.
Strengthening efforts to eradicate corruption through the implementation of the Plan, the National Anti-Corruption Action.
Increased enforcement against each other eradication of terrorism and abuse of narcotics and other drugs.
Rescue evidence in the form of documents or records the performance / State agencies as well as government agencies to support the rule of law and human rights.
Improved coordination and cooperation to ensure the effectiveness of law enforcement and human rights.
Development management system transparent legal institutions.
The review and improvement of the basic concepts in order to realize the legal process is now significantly simple, fast, and precise and at a low cost by all levels of society.
2.4 Case Examples of Human Rights Violations
Occurrence of maltreatment in the civil STPDN by senior coaching under the pretext that left Clips Muntu in 2003.
Lecturers who are lazy to go to class or lazy to explain to a student is subject to minor violations to every student.
The merchants who sell on the sidewalk is a violation of human rights of the pedestrians, thereby causing the pedestrians to walk on the side of the road making it very vulnerable to an accident.
Parents who impose his will that his son go to a certain college majors are human rights violations against children, so that a child can not choose majors that match their interests and talents.
Babe cases that have killed children over the age of 12 years, which means that the right to life of these children were missing
The lower classes are treated unfair law, her evidence if people make a mistake under stealing sandals let the legal process is very fast, but if the upper classes make mistakes eg corruption, it is a long legal process
Case of Women Workers (TKW) were working abroad gets persecution of employer
That many cases of child done by the young couple who marry outside of marriage
CHAPTER III
CLOSING
3.1 Conclusion
Human rights are the basic rights possessed by man according to his work. Each individual has a desire to have their human rights are met, but the one thing we need to remember that Do not ever violate or suppress human rights of statehood governed and protected by human rights legislation RI, where any form of human rights violations whether committed by a person , a group or an institution or even a State court shall be tried in the implementation of human rights, human rights court to take legal proceedings through the court proceedings as contained in the Human Rights Act human rights court.
3.2 Suggestions
As social beings we should be able to defend and fight for our own rights. In addition, we also have to be able to respect and safeguard human rights of others lest we commit human rights violations. And lest we also violated human rights and trampled underfoot by men in safeguarding human rights and we should be able to align us with the balance between the rights of others.
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