RATIONALE OF HUMAN RIGHTS
From birth, humans already have rights that must be upheld and recognized everyone. This right is more important than the right of a ruler or king. Rights derived from the Almighty God, given to mankind. However, human rights are often violated human rights to maintain privacy. Sebanarnya what is human rights (HAM) it? Well, on this occasion we will discuss thoroughly the notion of Human Rights (HAM). Hope it is useful.
Human Rights (HAM) protruding from the man's own conviction that all human beings as creatures of God are the same and equal. Human beings are born free and have the dignity and the same rights. Based on that human beings should be treated equally fair and civilized. Human rights are universal, meaning that applies to all human beings without mebeda-distinguished based on race, religion, ethnicity and race (ethnicity).
A. Definition of Human Rights (HAM)
There are many different versions of definitions of human rights. Each definition emphasizes on certain aspects of human rights. Here are some of these definitions. As for some definition of Human Rights (HAM) is as follows:
1. Law No. 39 of 1999
According to Law No. 39 of 1999, human rights are a set of rights inherent in the nature of human existence as a creature of God Almighty. That right is His grace that must be respected, upheld and protected by the State, law, government, and everyone for the respect and protection of human dignity.
2. John Locke
According to John Locke, human rights is a right granted directly by God as something that is natural. That is, the rights of human beings by nature can not be separated from nature, so that the sacred nature.
3. David Beetham and Kevin Boyle
According to David Beetham and Kevin Boyle, human rights and fundamental freedoms are individual rights derived from the needs and capacities of man.
4. C. de Rover
Human rights are legal rights that belong to every person as a human being. Those rights are universal and belong to every person, rich or poor, male or female. Such rights may be violated, but can never be eliminated. Human rights are legal rights, this means that these rights is the law. Human rights protected by the Constitution and national laws in many countries around the world. Human rights are basic rights or fundamental rights of human beings brought from birth as a gift of God Almighty. Human rights are respected, upheld and protected by the state, law, government, and every person. Human rights are universal and timeless.
5. Austin Ranney
Human rights are individual freedom space clearly defined in the Constitution and guaranteed by the government implementation.
6. A.J.M. Milne
Human rights are the rights possessed by all human beings in all times and in all places because of the virtue of their being human.
7. Franz Magnis- Suseno
Human rights are the rights of human beings not because it was given to him by the community. So it was not because of positive law, but by dignity as human beings. Humans have it because he is human.
8. Miriam Budiardjo
Miriam Budiardjo limit the notion of human rights as the rights of human beings that have been acquired and brought together with the birth or presence in the community.
9. Oemar Seno Adji
According Oemar Seno Adji is a human rights are rights inherent to the human dignity as a human being created by God Almighty that nature should not be violated by anyone, and that seems to be a holy area.
B. Special Feature Human Rights (HAM)
Human rights have special characteristics as compared with the rights of others. The special feature of human rights as follows.
Can not be revoked, meaning that human rights can not be removed or left.
Can not be shared, meaning that everyone is entitled to all rights, whether civil and political rights or economic, social, and cultural.
Principle, meaning that human rights are the rights of all human beings who have been present since birth.
Universal, meaning that human rights apply to everyone regardless of status, ethnicity, gender, or other differences. Equality is one of the ideas of fundamental human rights.
C. Kinds of Human Rights (HAM)
You have to understand that human rights are rights inherent in every human being born in force since the beginning of a lifetime and can not be contested by anyone. There are a variety of human rights. Broadly speaking, human rights can be classified into six types as follows.
1. Personal Rights / Personal Rights
Rights that relate to the life of the human person. Examples of personal rights is as follows.
The right of freedom to move, to travel, and to move where.
Or the right of freedom of expression.
The right of freedom of choice and is active in organizations or associations.
The right of freedom to choose, embrace, practice religion and belief are believed respectively.
2. Rights Political / Political Rights
Rights associated with political life. Examples of political rights is as follows.
The right to vote and be elected in an election.
Rights to participate in government activities.
Rights to create and establish political parties and other political organizations.
The right to make proposals and submit a petition.
3. Rights Law / Legal Equality Rights
The right of equality before the law and government, namely the rights relating to life and rule of law. Examples of human rights law as follows.
The right of equal treatment in law and government.
The right to become civil servants (PNS).
Right to receive services and legal protection.
4. Economic Rights / Property rigths
Rights related to economic activities. Examples of economic rights is as follows.
The right to freedom of buying and selling activity.
The right to freedom entered into a contract.
Right to freedom of organizing leases and debts.
The right of freedom to have something.
Rights have and get a decent job.
5. Rights Justice / Procedural Rights
The right to be treated equally in court proceedings. Examples of judicial rights is as follows.
The right to receive legal defense in court.
Rights for the treatment equation searches, arrests, detention, and the investigation before the law.
6. Social and Cultural Rights / Social Culture Rights
Rights related to social life. Examples of social rights culture is as follows.
The right to determine, select, and get an education.
The right to an education.
The right to develop culturally appropriate to their talents and interests.
Ham is a basic right of all human beings. From birth, each individual has to have it, and is a gift from God. Of course, in society, we must respect the rights of others. But in reality there are still many violations related to human rights issues. If hindsight there are some events that violate human rights, such as the occupation carried out by the Netherlands and Japan to Indonesia. In addition, many other examples are more intense after the country's independence. Some of them even to cause many casualties. Here are five examples of some of the human rights abuses that have occurred in the country. Was possible until today there are still some question marks.
1. The case of the tragedy of 1965-1966
Some generals were killed in the events of September 30, 1965. New Order government then accused the Communist Party of Indonesia as the culprit. Then the government of the day to dissolve the organization, and conduct raids against sympathizers.
The raid was known as PKI cleaning operation. The Commission estimates that 500,000 to 3 million people killed at that time. Thousands more were exiled, and millions of others have to live under the shadow of 'cap PKI' for many years.
In this event, the Commission pointed behind the Security Restoration Operation Command and all regional military commander who served at that time as the party most responsible.
Currently, the case is still being handled by the Attorney General. However, sluggish handling. In 2013 then, the Prosecutor had returned the documents to the Commission, on the grounds of data less complete.
2. The case of the mysterious shooting (Peter) in 1982-1985
Mysterious shooting or often abbreviated alias Peter sickles operations are covert operations held by former President Soeharto with the pretext of solving the crime rate is so high.
These operations generally include fishing operations and the killing of those who are considered disturbing security and order in society, especially in Jakarta and Central Java. The culprit is not clear, was never caught, and never brought to justice.
Results from this sickles operation, as many as 532 people were killed in 1983. Of that number, 367 of them died from gunshot wounds. Then in 1984, there were 107 people killed, among them 15 people were shot dead. A year later, in 1985, there were 74 people killed, 28 of whom were shot dead.
'Victim' Shot Mysterious' is always found in the condition of the hands and neck bound. Most of the victims were also put into sacks abandoned on the roadside, in front of the house, or dumped into rivers, seas, forests and gardens. '
3. Semanggi Tragedy and riots in May 1998
On May 13-15, 1998, massive riots which occurred in almost all corners of the country. The climax in the capital Jakarta. This riot was started by the Asian financial crisis worsening. As well as triggered by the deaths of four Trisakti University students were shot during a demonstration on May 12, 1998.
In the process of the law, the Attorney General said the case could be followed if there is a recommendation from Parliament to the President. Because there is no recommendation, the Attorney General had returned the documents to the Commission HAM.Namun recent investigation, the Attorney General argued this case can not be followed up because Parliament has decided, that there were no serious violations.
Other pretext, the Attorney General considers Trisakti shootings had been severed by the military court in 1999, so it can not be prosecuted for a second time.
4. The case of the murder of human rights activist Munir Said Thalib
Munir was found dead in the plane majors Jakarta-Amsterdam, on 7 September 2004. When he was about 38 years old. Munir was one of the most outspoken human rights activists in Indonesia. His last position was Executive Director of the Human Rights Monitoring Institute Indonesia Impartial.
When serving Contrast Council (Committee for Missing Persons and Victims of Violence), his name soared as a fighter for missing persons abducted at that time. When he defended the activists who are victims of kidnapping Tim Rose of the Special Forces of the Indonesian National Army. After Suharto's fall, kidnapping was a reason for dismissal as commander of Kopassus Prabowo and prosecution of the team members of the Rose.
However, to this day, the case was only able to prosecute a Garuda pilot, Pollycarpus. Polly got a sentence of 14 years in prison for acting as principals Munir poisoned on a flight to Amsterdam. But many people who believe, not the brain Polly murder.
Not yet completed disclosure of the case, Polly actually released on parole since Friday (28/11).
'In July 2004, the Commission issued a report Projusticia investigation on allegations of crimes against humanity in Wamena. The case was reported after nine people were killed. '
5. Tragedy of Bloody Wamena on 4 April 2003
The tragedy occurred on April 4, 2003 at 1:00 Papua time. A group of unidentified mob broke into the armory headquarters Kodim 1702 / Wamena. This attack menewaskankan two members of Kodim, namely Lieutenant Army Soldier Ruben Napitupulu and Kana (guard armory). The group alleged attackers made away with a number of weapons and amunisi.Dalamrangka pursuit of perpetrators, military and police officers alleged to have been conducting searches, arrests, torture, forcible deprivation, so menimbukan casualties and forced population displacement.
At this forced displacement, carrying 42 people died of starvation, as well as 15 people become victims of plunder. Commission also found that the imposition of signing an affidavit, as well as the destruction of facilities umum.Proses of the case law to the present impasse. Shift back and forth between the Commission and the Attorney Agung.Sementara the suspects continue to enjoy his life, was honored as a hero, receiving a promotion and promotion with impunity.
Source:
http://www.rappler.com/world/regions/asia-pacific/indonesia/77617-lima-kasus-besar-pelanggaran-ham-di-indonesia
http://www.zonasiswa.com/2014/07/pengertian-hak-asasi-manusia-ham.html
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