HUMAN RIGHTS (HAM)

   .   A.    Definition and Feature Highlights Human Right.

1.       Understanding of HAM

Understanding Human rights are basic rights possessed by humans, according to its nature (Kaelan: 2002).In pursuance of Jan Materson  (of the UN Human Rights Commission), in the case of Teaching of Human Rights, the United Nations was quoted as said  Baharuddin Lopa affirm that human rights are rights inherent in every human being, without which it is impossible to live as a human being . John Locke stated that human rights are the rights given directly by God the Creator as the natural rights. (Mansyur Effendi, 1994).

In Article 1 of Law No. 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 God Almighty and it 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 respectability”.

2. Characteristics of Basic Human Rights

Based on several human rights formula, it can be deduced about some fundamental characteristics of human nature, as though: Human rights need not be given, bought or inherited. Human rights are part of human automatically.

Human rights apply to everyone regardless of gender, race, religion, ethnicity, political opinion or social origin and race. Human rights cannot be violated. Nobody has the right to limit or infringe the rights of others. People still have human rights even if a state makes laws do not protect or violate human rights (Mansour Fakih, 2003).

B.  The development of the human mind

 Thought view of human rights is divided four generations, such as:

The first generation of human rights found only thinking centered on the fields of law and politics.

The second generation of human thinking is not only demanding the right to juridical but also social rights, economic, political and cultural.

The third generation of human thought as a reaction to the second generation. The third generation of promising unity between the economic, social, cultural, and political and law in a basket called implementing development rights.

The fourth generation who criticized the role of the state is very dominant in the process of development focused on economic development and lead to negative impacts such as the neglect of the people's welfare aspects

B.      The scope of human rights

The scope human rights encompass;

1. The right to private property

2. Personal Rights

3. Rights related to economic and social problems

4. Civil and political rights to participate in public affairs and various human rights must belong to every human being is as follows;

1. The right to life

2. The right to work

3. Right to liberty and security

4. The right to be recognized personality according to the law

5. The right to enter or exit the territory of a country

6. The right to have an object

7. The right to express opinions

8. The right to be free in the Faith

9. The right to trade

10. The right to education

11. The right to participate in community cultural movement and many more.

D. The History of International Human rights

Generally, the European experts found the birth of human rights begins with the birth of the Magna Carta in 1215 in England. It’s among others, declared that the king had absolute power (the king who created the law, but himself is not bound by the law), be restricted power and begin to be held accountable in public. From this was born the doctrine of the king was not above the law anymore and started to be accountable to the law. Since it began to be practiced if the king broke the law should be prosecuted and should be accountable to the wisdom of parliament. So, has begun stated in that the king is bound to the law and accountable to them, although the power to make legislation at the time it was more in the hands of the king. Therefore, the king's power began to be restricted as the embryo of the birth of a constitutional monarchy with a core power of the king as a mere symbol. The birth of the Magna Charta is then followed by the development of a more concrete, with the birth of the "Bill of Rights" in the UK in 1689. At that time began to emerge adage that the bottom line is that human beings equal before the law (equality before the law). These adages strengthen the impetus emergence state of law and democracy. Bill of rights gave birth to the principle of equality. The human rights defender has long been ready It set out that the right to equality must be realized no matter how hard the risks faced by the right of freedom can only be realized if there is the right to equality. To make this happen, it gives birth to Rousseau's theory (about the contract social agreement / community), Montesquieu with Trias Politics which teaches separation of powers to prevent tyranny, John Locke in England and Thomas Jefferson in America with the basic rights of freedom and equality in the introduction.

Human rights developments further characterized by the emergence of the American Declaration of Independence were born from the familiar Roesseau and Montesqueu. So even in France itself has not specified what the human rights, but in the United States first launched in more detail. Begin affirmed that man is free since in the mother's abdomen, so it is not logical if after birth, he should be shackled.

Subsequently, in 1789 was born The French Declaration, where the rights of more detailed calving grounds of The Rule of Law. Among otherwise there should be no arrests and arbitrary detention, including arrest without a valid reason and was detained without a warrant issued by an authorized official. Also stated presumption of innocence, meaning people those arrested were arrested and charged, are entitled to be presumed innocent until a court decision is legally binding stating he was guilty. Reinforced also by freedom of expression (free opinion), freedom of religion (free to practice our faith / religion desired), the right of property (protection of property) and other basic rights. So, the French Declaration already covered all the rights, including rights that guarantee the growth of democracy and a constitutional state that its principles have been proposed previously.

They should also know the Four Freedoms of President Roosevelt proclaimed on January 6, 1941, quoted from the Encyclopedia Americana, p.654 mentioned below:"

The first is freedom of speech and expression everywhere in the world.

 The second is freedom of every person to worship God in his own way-everywhere in the world.

The third is freedom from want which, translated into world terms, means economic understandings which will secure to every nation a healthy peacetime life for its inhabitants-everywhere in the world. The fourth is freedom from fear-which, translated into world terms, means a worldwide reduction of armaments to such a point and in such a through fashion that no nation will be in a position to commit an act of physical aggression against any neighbor-anywhere in the world. "

All of these rights after World War II (after Hitler exterminate millions of people) be used as a rationale to deliver human rights are universal formula, which became known as The Universal Declaration of Human Rights, which was created by the UN in 1948.

E. THE HISTORY OF THE NATIONAL HUMAN RIGHTs

Declaration on Human Rights were brought before the United Nations on December 10, 1948, is not an exaggeration to say as the pinnacle of human civilization after the world experienced a catastrophic cruelty and shame the countries do Fascist and Nazi Germany in World War II.

Declaration of Human Rights the world contains a double meaning, both externally (between countries) and inward (between nation-states), valid for all nations and governments in their countries respectively. Meaning out is the commitment to respect and uphold the human dignity and among nation-states, in order to avoid and does not slide back into war catastrophe that could destroy human values. While meaning into, implies that the Human Rights Declaration worldwide. it should always be the objective criteria by the people of each country in assessing any  issued policy by the government.

For the member countries of the United Nations, the Declaration was binding. Thus any violation or deviation from the universal Declaration of Human Rights of a UN member state is not solely the internal affair of the people of the countries concerned, but also an issue for the people and government of member states of the UN. They are a legitimate question, and the government of human rights violators in the country to the UN High Commissioner for Human Rights or through the institutions of other international human rights unuk condemned even imposes international sanctions against the government in question.

The real essence of the universality of human rights, that all 30 articles contained in the Declaration of Human Rights the world it is a standard human values that apply to everyone, from social class and background of any primordial and reside anywhere on this earth. All human beings are equal. All content values apply to all.

F. History

LPHAM founded by H. J. C. Princen and Yap Thiam Hien on April 29 1966sebenarnya prepared to block the government's efforts to sporadic new order did the killings, arrests and other human rights crimes against PKI members and their sympathizers accused the PKI. One of the great work LPHAM in correcting human degrading treatment, among others, the urge to stop mass murder in Purwodadi, Central Java were instructed President Soeharto, M. Panggabean and Surono 1968. Although these protests led to the arrest, Director LPHAM, Princen, by Kopkamtib alleged communists, but the action of the massacre was stopped.

In the same year LPHAM together Goenawan, a journalist investigated and reported on human rights violations of the Island of Buru. The report ended up being written materials Amnesty International. Furthermore, to deal with the victims PKI traumatized psyche, in 1967, initiated the establishment LPHAM P3HB (Committee of the New Life Recovery inception YLBHI (1970), INFIGHT (Indonesian Front for the Defense of Human Rights, 1990), KontraS (1998) and several advocacy organizations other, finally have a legal entity around 1988 in line with the government's desire to control NGOs by issuing Organizations Act 1985.

In the course of its activities, LPHAM responded and almost all the issues involved and cases of human rights violations that occurred in Indonesia. In the case of East Timor in the year 1990, the advocacy LPHAM bring Princen to be the guest of honor President of Portugal Mario Soares with the topic of conversation around 7 youth teams seeking asylum and the future of East Timor. LPHAM also lobbied Y.P. Pronk, Chairman IGGI to stop foreign debt likely to be abused under Soeharto. Inevitably again, LPHAM grown into an organization that records almost all the New Order regime of crimes against humanity. Land cases (1987-1996), labor (1989-1990's) to arrest a student (1988). Of the cases of Papua (1975), East Timor (1975), Aceh (1989) to assist the victims of the Priok incident in court (1984-1986).

G. Examples of Human Rights Violations

The Case of occurrence of maltreatment in the civil STPDN by seniors on the pretext of development that led to the death Clip Muntu in 2003.Lecturer lazy  walk in or give an explanation on the subject to the students is a violation of human rights light to every student. The merchants who sell on the sidewalk is a violation of human rights of the pedestrians, causing pedestrians to walk on a side street so it is vulnerable to an accident.

Traditional traders who trade in a side street is a light human rights violations against road users so that road users can not enjoy the traffic is orderly and smooth.

Parents who impose their will so that child will go to a certain college majors constitute human rights violations against children, so that a child can not choose majors that match their interests and talents.

Reference ; Www.marbangun Hardowirogo Marbangun, 1977, Nilai-nilai Pancasila secara historis,. Ismaun, 1981,Tinjauan ... Imawan Riswanda, 1997, “Rekrutmen. Kepemimpinan didaerah: ...

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