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STRUCTURED ASSIGNMENT 1

COURSE: PANCASILA EDUCATION (IPB 111)

Name : Chairunnisah Putri Hanniyah


Student Number : F34198025
Class : Q-INT (FATETA INT)

1. Material on The Content of The Constitution in General


The constitution is a norm of the political and legal system formed in the
government of a country, usually codified as a written document. This law does not
regulate the details, but only lays out the principles that are the basis for other
regulations. In the case of a state constitution, the constitution contains rules and
principles of political and legal entities. This term refers specifically to establishing
the national constitution as the basic principles of politics, the basic principles of
law included in the formation of the structure, procedures, authority and
obligations of state government in general. The constitution generally refers to
guaranteeing the rights of its citizens. The term constitution can be applied to all
laws that define the function of state government.
The contents of a country's constitution in general are three. The following are the
contents of the Constitution in general:
a) There are guarantees for human rights and their citizens
b) It stipulates a fundamental constitutional arrangement
c) There is a restriction and division of constitutional tasks that are
fundamental.

2. Aspects of Welfare and Security, Whether in The Preamble or The


Body of The 1945
The view of life of the Indonesian nation regarding national security and
defense as determined in the Preamble and the body of the 1945 Constitution,
are:
a) Independence is the right of all nations and therefore colonialism over the
world must be abolished because it is incompatible with humanity and
justice
b) The state government protects all Indonesian people and all spilled
Indonesian blood, promotes public welfare, educates the nation's life and
participates in carrying out world order based on independence, eternal
peace and social justice
c) Become the rights and obligations of every citizen to participate in the
defense of the state
d) Indigenous and water and natural resources contained therein are
controlled by the state and used for the greatest prosperity of the people.

LAW OF THE REPUBLIC OF INDONESIA NUMBER 11 OF 2009 CONCERNING


SOCIAL WELFARE
CHAPTER I GENERAL PROVISIONS
article 1
In this Law, what is meant by:
1) Social Welfare is a condition of fulfilling the material, spiritual and social
needs of citizens to be able to live properly and be able to develop
themselves, so that they can carry out their social functions.
2) The implementation of Social Welfare is a directed, integrated, and
sustainable effort undertaken by the Government, regional governments
and the community in the form of social services to meet the basic needs of
every citizen, which includes social rehabilitation, social security, social
empowerment, and social protection.
3) Social Welfare Workers are someone who is educated and trained
professionally to carry out service tasks and handling social problems and /
or someone who works, both in government and private institutions whose
scope of activities is in the field of social welfare
4) Professional Social Worker is someone who works, both in government and
private institutions who have the competence and profession of social work,
and care in social work obtained through education, training, and / or
practical experience of social work to carry out service tasks and handling
social problem
5) Social Volunteer is a person and / or community group, both with a social
work background and not a social work background, but carries out social
activities not in the government social agency of their own volition with or
without compensation.
6) Performers of Social Welfare are individuals, groups, social welfare
institutions, and the community involved in organizing social welfare.
7) Social Welfare Institution is a social organization or social association which
carries out the organization of social welfare formed by the community, both
legal entities and non-legal entities.
8) Social Rehabilitation is a process of re-functionalization and development
to enable a person to be able to carry out his social functions properly in
people's lives.

CHAPTER XIV SOCIAL WELFARE


Article 33
1) The economy is structured as a joint effort based on family principles.
2) Production branches which are important for the country and which govern
the livelihoods the people are controlled by the state.
3) The earth and water and the natural resources contained therein shall be
controlled by the state and is used for the greatest prosperity of the people.
Article 34
1) The poor and displaced children are cared for by the state. ****)
2) The state develops a social security system for all people and empowers
weak and incapable people in accordance with the dignity of the Spirit. ****)
3) The State is responsible for the provision of appropriate health services and
public services. ****)
4) Further provisions regarding the provisions of this article are regulated in
law. ****)

PART FIVE SOCIAL PROTECTION


Article 14
1) Social protection is intended to prevent and manage risks from shocks and
social vulnerabilities of a person, family, group and / or community so that
their survival can be met in accordance with the minimum basic needs.
2) Social protection as referred to in paragraph (1) is implemented through:
a. social assistance;
b. social advocacy; and / or
c. legal aid.

Article 15
1) Social assistance is intended so that a person, family, group, and / or
community who experiences social shocks and vulnerabilities can live
naturally.
2) Social assistance as referred to in paragraph (1) is temporary and / or
sustainable in the form of:
a. direct assistance;
b. providing accessibility; and / or
c. institutional strengthening.

Article 16
1) Social advocacy is intended to protect and defend a person, family, group
and / or community whose rights have been violated.
2) Social advocacy as referred to in paragraph (1) is given in the form of
awareness of rights and obligations, defense, and fulfillment of rights.

Article 17
1) Legal aid is organized to represent the interests of citizens who face legal
problems in the defense of rights, both inside and outside the court.
2) Legal assistance as referred to in paragraph (1) is provided in the form of
legal defense and consultation.

Article 18
Further provisions regarding the implementation of social protection are regulated
in a Government Regulation.

3. Aspects Of Morality
“Then rather than that to form an Indonesian government that protects all
Indonesian people and all Indonesian blood and to promote public welfare,
educate the nation's life, and participate in carrying out world order based on
independence, lasting peace and social justice, the Indonesian national
independence is drawn up. in the Constitution of the Republic of Indonesia, which
is formed in the composition of the Republic of Indonesia which is sovereignty of
the people based on: God Almighty, just and civilized humanity, Indonesian unity,
and popularity led by wisdom in consultation / representation, and by creating a
social justice for all Indonesian people”. (The Preamble of the 1945 Constitution
paragraph 4).

Article 28J
(2) In exercising their rights and freedoms, each person is obliged to submit to the
limitations stipulated by law with the sole purpose of guaranteeing recognition and
respect for the rights and freedoms of others and to fulfill fair demands in
accordance with moral considerations, values religious values, security and public
order in a democratic society.

Article 31
(5) The Government advances science and technology by highly supporting
religious values and national unity for the advancement of civilization and the
welfare of humanity.

4. Political Aspects
Article 27 paragraph (1); All citizens are at the same position in law and
government and are obliged to uphold the law and government with no exception.

Article 27 paragraph (2); Every citizen has the right to work and a decent living for
humanity.

Article 28; Freedom of association and assembly, expressing thoughts verbally


and in writing and so forth are determined by law.

Article 28D paragraph (3); Every citizen has the right to get the same opportunity
in government.

Article 28E paragraph (3); Everyone has the right to freedom of association,
assembly and expression.

Article 1 paragraph (2); Sovereignty is in the hands of the people and


implemented according to the Basic Law.

Article 2 paragraph (1); The People's Consultative Assembly consists of members


of the People's Legislative Assembly, and members of the Regional People's
Representative Council who are elected through general elections and regulated
further by law.

Article 6A paragraph (1); The President and Vice President are elected in a pair
directly by the people. Article 19 paragraph (1); Members of the House of
Representatives are elected through general elections.
Article 22C paragraph (1); Members of the Regional Representative Council are
elected from each province through general elections.

5. Human Rights
CHAPTER XA **) HUMAN RIGHTS
Article 28A
Everyone has the right to live and has the right to defend his life and lives. **)

Article 28B
1) Everyone has the right to form a family and carry on descendants through a
legal marriage. **)
2) Every child has the right to survival, growth and development and is entitled
to protection from violence and discrimination. **)

Article 28C
1) Everyone has the right to develop themselves through the fulfillment of his
basic needs, the right to education and to benefit from knowledge and
technology, arts and culture, to improve quality his life and for the welfare of
humanity. **)
2) Everyone has the right to advance himself in the fight their collective right to
develop their society, nation and country. **)

Article 28D
1) Every person has the right to recognition, guarantee, protection, and
certainty in law that is just and equal treatment before the law. **)
2) Everyone has the right to work and to receive fair and appropriate
compensation and treatment in a work relationship. **)
3) Every citizen has the right to have the same opportunity in government. **)
4) Everyone has the right to citizenship status. **)
Article 28E
1) Everyone is free to embrace religion and worship according to his religion,
choose education and teaching, choose work, choose citizenship, choose a
place to live in the territory of the country and leave it, and has the right to
return. **)
2) Everyone has the right to freedom to believe in beliefs, express thoughts
and attitudes, in accordance with his conscience. **)
3) Everyone has the right to freedom of association, association and
expression. **)
Article 28F
Everyone has the right to communicate and obtain information to develop their
personal and social environment, and has the right to seek, obtain, own, store,
process and deliver information using all types of available channels. **)

Article 28G
1) Every person has the right to protect themselves, family, honor, dignity, and
property under his authority, and is entitled to a sense of security and
protection from the threat of fear to do or not do something that is a human
right. **)
2) Everyone has the right to be free from torture or degrading treatment and
the right to obtain political asylum from other countries. **)
Article 28H
1) Everyone has the right to live in physical and spiritual prosperity, to live, and
to have a good and healthy living environment and the right to health
services. **)
2) Everyone has the right to get special facilities and treatment to obtain equal
opportunities and benefits in order to achieve equality and justice. **)
3) Every person has the right to social security that enables his or her full
development as a dignified human being. **)
4) Every person has the right to own personal property rights and such
property rights may not be taken arbitrarily by anyone. **)
Article 28I
1) The right to life, the right not to be tortured, the right to freedom of thought
and conscience, the right to religion, the right not to be enslaved, the right
to be recognized as a person before the law, and the right not to be
prosecuted on the basis of a retroactive law are human rights human
beings that cannot be reduced under any circumstances. **)
2) Every person has the right to be free from discriminatory treatment on any
basis and has the right to get protection against such discriminatory
treatment. **)
3) Cultural identity and traditional community rights are respected in line with
the times and civilizations. **)
4) Protection, promotion, enforcement and fulfillment of human rights are the
responsibility of the state, especially the government. **)
5) To uphold and protect human rights in accordance with the principles of a
democratic rule of law, the implementation of human rights is guaranteed,
regulated, and set forth in legislation. **)

Article 28J
1) Everyone must respect the human rights of others in the orderly life of
society, nation and state. **)
2) In exercising their rights and freedoms, every person is obliged to submit to
limitations set forth in the law with the sole purpose of guaranteeing
recognition and respect for the rights and freedoms of others and to fulfill
fair demands in accordance with moral considerations, religious values ,
security and public order in a democratic society. **)

6. Legal Aspects
Law in Indonesia is a mixture of the European legal system, religious law, and
customary law. Most of the systems adopted, both civil and criminal, are based on
European law, especially from the Netherlands because of the historical aspect of
Indonesia's past, which is a colony called the Dutch East Indies (Nederlandsch-
Indie). Religious law because the majority of Indonesian people adhere to Islam,
the dominance of law or Islamic law is more mainly in the field of marriage, family,
and inheritance. In addition, in Indonesia also applies a customary law system that
is absorbed in legislation or jurisprudence, which is a continuation of local
regulations of the people and cultures in the archipelago.

CHAPTER III STATE GOVERNMENT POWER


Article 4
1) The President of the Republic of Indonesia holds governmental authority
according to the Basic Law.
2) In carrying out its obligations the President is assisted by one Vice-
President.

CHAPTER IX JUDICAL POWER


Article 24
1) Judicial power is an independent power to administer justice in order to
enforce law and justice. ***)
2) Judicial power is exercised by a Supreme Court and a body the judiciary
below it in the general court environment, the religious court environment,
the military court environment, the state administrative court environment,
and by a Constitutional Court. ***)
3) Other bodies whose functions are related to judicial authority are regulated
in the law. ****)
Article 24A
1) The Supreme Court has the authority to adjudicate at the cassation level,
examine the statutory provisions under the law against the law, and have
other authority granted by the law. ***)
2) Supreme Court Justices must have integrity and personality that are not
blameworthy, fair, professional, and experienced in the field of law. ***)
3) Prospective Chief Justice is proposed by the Judicial Commission to the
House of Representatives to obtain approval and subsequently be
appointed as Chief Justice by the President. ***)
4) The Chair and deputy chair of the Supreme Court are elected from and by
the Supreme Court justices. ***)
5) The composition, position, membership, and procedural law of the
Supreme Court and the judiciary below it are regulated by law. ***)

ADDITIONAL RULES
Article I
The People's Consultative Assembly is tasked with conducting a review of the
material and legal status of the Provisional People's Consultative Assembly and
the People's Consultative Assembly Decision for decision on the 2003 People's
Consultative Assembly Session. ****)

7. Economic Aspects
Article 33
1) The economy is structured as a joint effort based on family principles.
2) Production branches which are important for the state and which control the
livelihoods of the public are controlled by the state.
3) The earth and water and the natural resources contained therein shall be
controlled by the state and used for the greatest prosperity of the people.
4) The national economy shall be implemented based on economic
democracy with the principles of togetherness, fair efficiency, sustainability,
environmental insight, independence, and by maintaining a balance of
progress and national economic unity. ****)
5) Further provisions regarding the implementation of this article are regulated
in the law. ****)

CHAPTER XIV NATIONAL ECONOMY AND SOCIAL WELFARE ****)


Article 23
1) The state budget as a form of state financial management is stipulated
annually by law and carried out openly and responsibly for the greatest
prosperity of the people. ***)
2) The draft budget law for state income and expenditure is proposed by the
President to be discussed with the House of Representatives by taking into
account the considerations of the Regional Representative Council. ***)
3) If the House of Representatives does not approve the draft state revenue
and expenditure budget proposed by the President, the Government
implemented the State Revenue and Expenditure Budget last year. ***)
Article 23A Taxes and other levies that are coercive for the purposes of the
country are regulated by law. ***)
Article 23B
Kinds and prices of currencies are determined by law. ****)
Article 23C
Other matters concerning state finances are regulated by law. ***)

Article 23D
The state has a central bank whose composition, position, authority, responsibility
and independence are regulated by law. ****)

8. Social Aspects

LAW OF THE REPUBLIC OF INDONESIA NUMBER 11 OF 2009 CONCERNING


SOCIAL WELFARE

PART TWO
SOCIAL REHABILITATION
Article 7
1) Social rehabilitation is intended to restore and develop the ability of
someone who is experiencing social dysfunction in order to be able to carry
out his social functions properly.
2) Social rehabilitation as referred to in paragraph (1) can be carried out
persuasively, motivatively, coercively, both in families, communities and
social institutions.
3) Social rehabilitation as referred to in paragraph (2) is given in the form of:
a) psychosocial motivation and diagnosis;
b) care and care;
c) vocational training and entrepreneurship coaching;
d) mental and spiritual guidance;
e) physical guidance;
f) social guidance and psychosocial counseling;
g) accessibility services;
h) social assistance and assistance;
i) resocialization guidance;
j) further guidance; and / or
k) reference.

PART THREE
SOCIAL SECURITY
Article 9
1) Social security is intended to:
a) guaranteeing the poor, neglected orphans, neglected elderly,
physically disabled, mentally disabled, physically and mentally
disabled, former chronic disease sufferers who experience socio-
economic disabilities so that their basic needs are met.
b) commend the warrior, independence pioneer, and hero family for his
services.
2) Social security as referred to in paragraph (1) letter a is provided in the
form of social welfare insurance and ongoing direct assistance.
3) Social security as referred to in paragraph (1) letter b is provided in the
form of ongoing benefits.
PART FOUR
SOCIAL EMPOWERMENT
Article 12
1) Social empowerment is intended to:
a) empowering individuals, families, groups and communities who
experience social welfare problems to be able to meet their needs
independently.
b) enhance the participation of institutions and / or individuals as
potentials and resources in the implementation of social welfare.
2) Social empowerment as referred to in paragraph (1) is carried out through:
a) increasing will and ability;
b) exploration of potential and resources;
c) extracting basic values;
d) granting access; and / or
e) providing business assistance.
3) Social empowerment as referred to in paragraph (1) letter a is carried out in
the form of:
a) diagnosis and motivation giving;
b) skills training;
c) accompaniment;
d) providing capital stimulants, business equipment, and business
premises;
e) increasing access to marketing business results;
f) social supervision and advocacy;
g) strengthening social harmony;
h) environmental management; and / or
i) further guidance.
4) Social empowerment as referred to in paragraph (1) letter b is carried out in
the form of:
a) diagnosis and motivation giving;
b) strengthening community institutions;
c) partnerships and fundraising; and / or
d) stimulant administration.

PART FIVE
SOCIAL PROTECTION
Article 14
1) Social protection is intended to prevent and manage risks from shocks and
social vulnerabilities of a person, family, group and / or community so that
their survival can be met in accordance with the minimum basic needs.
2) Social protection as referred to in paragraph (1) is implemented through:
a) social assistance;
b) social advocacy; and / or
c) legal aid.

Article 15
3) Social assistance is intended so that a person, family, group, and / or
community who experiences social shocks and vulnerabilities can live
naturally.
4) Social assistance as referred to in paragraph (1) is temporary and / or
sustainable in the form of:
a) direct assistance;
b) providing accessibility; and / or
c) institutional strengthening.

Article 16
1) Social advocacy is intended to protect and defend a person, family, group
and / or community whose rights have been violated.
2) Social advocacy as referred to in paragraph (1) is given in the form of
awareness of rights and obligations, defense, and fulfillment of rights.

Article 17
1) Legal aid is organized to represent the interests of citizens who face legal
problems in the defense of rights, both inside and outside the court.
2) Legal assistance as referred to in paragraph (1) is provided in the form of
legal defense and consultation. Article 18 Further provisions regarding the
implementation of social protection are regulated in a Government
Regulation.

CHAPTER IV POVERTY ALLEVIATION


Article 19
Poverty alleviation is a policy, program, and activity carried out on people, families,
groups and / or communities that do not have or have a source of livelihood and
cannot meet the proper needs of humanity.

9. The Unitary State of The Republic of Indonesia

CHAPTER I FORM AND SOVEREIGNTY


article 1
1) The State of Indonesia is the Unitary State, in the form of a Republic.
2) Sovereignty is in the hands of the people and is carried out according to the
Law Basic Law. ***)
3) The State of Indonesia is a state of law. ***)

FLAGS, LANGUAGES, AND STATE SYMBOLS, AS WELL AS SONG OF NATION


**)
Article 35
The Indonesian National Flag is the Red and White.
Article 36
Country Language is Indonesian.
Article 36A
The national symbol is Garuda Pancasila with the motto Unity in Diversity. **)
Article 36B
The National Anthem is Indonesia Raya. **)

10. Unity In Diversity


LAWS OF THE REPUBLIC INDONESIA NUMBER 40 OF 2008 ABOUT
ELIMINATION OF RACE AND ETHNIC DISCRIMINATION BY THE GRACE OF
GOD ALMIGHTY PRESIDENT OF THE REPUBLIC OF INDONESIA,

CHAPTER III DISCRIMINATIVE MEASURES


Article 4
Racial and ethnic discrimination in the form of:
a) treat discrimination, exclusion, restriction, or election based on race and
ethnicity, which results in the revocation or reduction of recognition,
acquisition or exercise of human rights and basic freedoms in equality in
the civil, political, economic, social and cultural fields; or
b) show hatred or hatred towards people because of racial and ethnic
differences in the form of acts:
1. make writing or pictures to be placed, posted, or distributed in public
places or other places that can be seen or read by others;
2. make speeches, express, or throw certain words in public places or
other places that can be heard by others;
3. wear something on him in the form of objects, words, or pictures in
public places or other places that can be read by others; or
4. carrying out deprivation of life, ill-treatment, rape, obscene acts, theft
with violence, or deprivation of liberty based on racial and ethnic
discrimination.

CHAPTER VI RIGHTS, OBLIGATIONS, AND ROLE AND STATE CITIZENS.


FIRST PART
RIGHTS AND OBLIGATIONS OF CITIZENS
Article 9
Every citizen has the right to receive equal treatment to obtain civil, political,
economic, social and cultural rights in accordance with statutory provisions,
without racial and ethnic distinction.

Article 10
Every citizen must:
a) help prevent racial and ethnic discrimination; and
b) provide true and responsible information to the authorities if they find out
racial and ethnic discrimination;

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