Ini Dasar Hukum Perlindungan Hak Asasi Manusia di Indonesia

Summary

This video explains the importance of human rights in Indonesia, emphasizing that every individual is entitled to them and the state is responsible for their protection. It outlines the key legal frameworks, including Pancasila, the 1945 Constitution, and Law No. 39 of 1999, which collectively uphold human dignity and justice. The video also addresses obstacles to enforcing human rights, such as legal gaps, the principle of non-retroactivity in criminal law, and limited public awareness. Finally, it highlights the crucial role of citizens in promoting human rights through reporting violations, raising awareness, supporting policies, and actively engaging in legal and social advocacy.

Takeaways

• 😀 Human rights are fundamental and guaranteed by the state for every human being, as per Indonesian law.
• 😀 Pancasila, the foundation of the Indonesian state, emphasizes the dignity of all humans and the respect for human rights.
• 😀 The 1945 Constitution of Indonesia provides specific articles (28A to 28J) outlining human rights for every citizen.
• 😀 Law No. 39 of 1999 is a legal basis that protects citizens' basic rights, such as the right to justice in the legal system.
• 😀 The principle of legality in criminal law prevents retroactive punishment for actions committed before the law was enacted.
• 😀 Gaps in existing laws and regulations contribute to the abuse of power by law enforcement officials.
• 😀 The lack of national awareness and responsibility in producing legal regulations remains a significant challenge.
• 😀 Indonesia, as a nation based on Pancasila, is committed to opposing human rights violations.
• 😀 Citizens can participate in upholding human rights by reporting violations, conducting research, and engaging in policy discussions.
• 😀 Active participation in human rights efforts, along with critical support, is crucial for building a fair and just society.
• 😀 The younger generation, as the pillars of the future, should be proactive and legally aware in addressing human rights issues in Indonesia.

Q & A

What is the main principle behind human rights as mentioned in the script?

The main principle behind human rights is that every human being, without exception, has inherent rights that must be respected, upheld, and protected by the state, as they are basic rights tied to human existence.

What legal foundation guarantees human rights in Indonesia?

Indonesia guarantees human rights through several legal bases, including Pancasila, the 1945 Constitution, and Law Number 39 of 1999 concerning human rights.

What does Pancasila represent in the context of human rights in Indonesia?

Pancasila represents the foundational philosophy of the Indonesian state, emphasizing the dignity and respect for human beings as creatures of God, and the obligation to uphold the human rights of all individuals.

Which articles in the 1945 Constitution relate to human rights in Indonesia?

Articles 28A to 28J of the 1945 Constitution discuss the human rights of every Indonesian citizen, providing a legal framework for their protection.

What does Law Number 39 of 1999 address?

Law Number 39 of 1999 outlines basic human rights, including the right to justice in the legal field, and is a key legal foundation for human rights protection in Indonesia.

What challenge does the criminal law system pose in upholding human rights in Indonesia?

The criminal law system in Indonesia faces challenges due to the principle of legality, which prevents newly created laws from being applied retroactively to past actions. Additionally, the substance of existing laws is seen as incomplete, leading to potential abuses by law enforcement.

What are the main obstacles to effectively upholding human rights in Indonesia?

The main obstacles include the criminal law system's limitations, incomplete legal regulations, and a lack of awareness and responsibility among the nation and state in creating effective legal frameworks for human rights protection.

How can the public participate in upholding human rights in Indonesia?

The public can participate by not tolerating human rights violations, reporting violations to the National Commission on Human Rights, conducting research or spreading awareness about human rights, submitting proposals for policy changes, and supporting human rights enforcement while maintaining a critical perspective.

What role do young people play in addressing human rights issues in Indonesia?

Young people are seen as the adaptive generation and the future pillars of the nation, and they are encouraged to actively participate in handling human rights issues, promoting legal awareness, and driving positive change.

Why is legal awareness important in the context of human rights in Indonesia?

Legal awareness is important because it empowers citizens to understand their rights, actively participate in protecting human rights, and contribute to the development of a society that respects and upholds these rights.