Perkembangan HAM di Indonesia

Summary

The speaker discusses the evolution of human rights (HAM) in Indonesia, starting from the country's struggle for independence in 1945. They highlight key historical moments, including the 1928 Youth Pledge and Indonesia's declaration of independence. The video explains the shift from collective rights during the fight for freedom to the recognition of civil, political, economic, social, and cultural rights through international covenants. Additionally, it touches on Indonesia’s ratification of key international treaties and its alignment with the nation’s Constitution and Pancasila, emphasizing the importance of human rights in the country's legal framework.

Takeaways

• 🇮🇩 Indonesia formally gained independence on August 17, 1945, after fighting against colonial powers like the Netherlands and Japan.
• ⚔️ The struggle for independence involved both physical conflict, such as Prince Diponegoro's war, and diplomatic efforts, including the founding of Budi Utomo in 1908 and the Sumpah Pemuda in 1928.
• 📜 The 1945 Constitution of Indonesia, established a day after independence, includes the recognition of human rights, specifically the right to freedom.
• 🌍 Indonesia joined the United Nations in 1950, and soon after became subject to the Universal Declaration of Human Rights (UDHR), aligning with international human rights standards.
• 📝 The two key international human rights documents—Covenant on Civil and Political Rights and Covenant on Economic, Social, and Cultural Rights—were ratified by Indonesia in 2005.
• 🛑 Indonesia passed its own Human Rights Law in 1999, spurred by the reform era, which highlighted human rights violations under the authoritarian rule of President Soeharto.
• 📢 The reform movement in Indonesia was driven by dissatisfaction with government repression, including the detention and disappearance of activists.
• 👥 Human rights in Indonesia are divided into civil and political rights (right to life, freedom from torture, freedom of association) and economic, social, and cultural rights (right to work, education, and cultural development).
• 🚸 Indonesia ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1984, which led to further legislative reforms like the Domestic Violence Law in 2004.
• 🇮🇩 Indonesia's ratification of international human rights conventions aligns with Pancasila, the state philosophy, ensuring that global human rights principles are compatible with national values and laws.

Q & A

What is the main focus of the video script?

The video script focuses on the development of human rights (HAM) in Indonesia, covering the historical context, important milestones, and legal frameworks that shaped Indonesia’s approach to human rights.

When did Indonesia declare its independence and what was its significance?

Indonesia declared its independence on August 17, 1945. This marked the end of colonial rule and the beginning of a sovereign nation, establishing the fundamental human right to self-determination for the Indonesian people.

What was Indonesia’s stance on human rights as reflected in its constitution?

Indonesia’s 1945 Constitution recognized the importance of human rights, with the declaration that independence is the right of all nations, highlighting the collective right to freedom and the rejection of colonialism.

How did the international concept of human rights influence Indonesia’s legal framework?

International concepts of human rights, particularly from Western countries like the UK and France, influenced Indonesia’s legal framework. This is reflected in Indonesia's ratification of key international human rights documents, such as the Universal Declaration of Human Rights and the two Covenants on Civil and Political Rights and Economic, Social, and Cultural Rights.

When did Indonesia ratify the two key international human rights covenants, and what do they cover?

Indonesia ratified the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights in 2005. These documents recognize civil and political rights as well as economic, social, and cultural rights of individuals.

What triggered the enactment of Indonesia’s national human rights laws in 1999?

The enactment of Indonesia’s national human rights laws in 1999 was triggered by the reform movement, which emerged after the fall of President Soeharto. The movement was fueled by protests against human rights violations, such as the repression of activists and citizens during Soeharto’s authoritarian regime.

How did Indonesia respond to gender-based discrimination through legal reforms?

In response to gender-based discrimination, Indonesia ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1984 and later enacted the Domestic Violence Act in 2004, addressing violence against women within households.

What role did the reform era play in shaping Indonesia’s human rights landscape?

The reform era played a significant role in shaping Indonesia’s human rights landscape by leading to the ratification of international human rights covenants, the adoption of a national human rights law, and amendments to the 1945 Constitution that expanded the recognition of individual rights.

How does Pancasila, Indonesia’s state philosophy, align with human rights principles?

Pancasila aligns with human rights principles, especially through its second principle (just and civilized humanity), which emphasizes human dignity, and its fifth principle (social justice), which supports the concept of economic, social, and cultural rights for all citizens.

Why did Indonesia take time to ratify international human rights conventions, and what is the significance of this delay?

Indonesia took time to ratify international human rights conventions due to internal political dynamics and the need for national discourse on human rights issues. The delay signifies the challenges Indonesia faced in balancing international obligations with domestic political and social contexts.