PANCASILA

AND HUMAN
RIGHTS
 By:
Ane Fany Novita Sari, SH, MKn
 History Human Rights
Development

Declaration
Magna Bill of of
Chart Right Independence

The Universal
The French
Declaration of
Declaration
Human Rights
 Definition Characteristic Characteristic
HAM Special HAM

1. Permanent or permanent, cannot be

revoked, human rights cannot be
Human rights are basic
eliminated or given up.
rights or basic rights
2. Whole, indivisible, everyone has the
possessed by humans
right to get all rights, be it civil,
since birth as a gift from
political, economic, social and cultural
God Almighty which
rights.
must be respected,
3. Essentially, human rights are the
upheld, and protected by
the state, law, human rights of all human beings
government and that existed at the time when humans
everyone, for the sake of were born.
honor and protection of 4. Universal, human rights apply to all
human dignity. people regardless of ethnic status,
gender, or other differences.
 Obligations Basic Human Substance Right and Obligations
Asasi human in Pancasila

 must comply with statutory  HAM in principle 1

regulations, unwritten law, and  HAM in the 2nd precept
international law regarding  HAM in the 3rd precept
human rights that have been  HAM in the 4th precept
accepted by the Indonesian state  HAM in the 5th principle
(Article 67).
 must participate in the defense
of the state in accordance with
the provisions of the legislation HAM in Law No.39 Year 1999 /more detailed
(article 68). as following:
 must respect the human rights
of others, morals, ethics, and
order of life in society, nation and  Right for life  Right on taste
state (Article 69 paragraph 1).  Right develop self Secure
 must respect the human rights  Right have a  Right on well-
of others mutually (Article 69 family and being
paragraph 2). continue offspring  The right to
 must comply with the law in  Right obtain participate in
exercising their rights and justice government
freedoms (article 70).  Right on freedom  Right woman
personal  Right child
A. Opening UUD 1945
 Paragraph First
 Paragraph Fourth

B. Trunk Body UUD 1945

 Right in field political (Article
27 (1) and 28),
 Right in field the economy
(Article 27 (2), 33, 34),
In Indonesia, regulations
 Right in field social culture regarding human rights are
(Article 29, 31, 32), listed in
 Right in field defense (Article
27 (3) and 30).
 Resolutions MPR No XVII /
MPR / 1998 About HAM

 Constitution No. 39
Year 1999 About
HAM
Human rights can be grouped into 6:
1. Personal rights.
2. Economic rights (property rights).
3. Human rights to get equal treatment In law and
government (right of legal equality).
4. Political rights.
5. Socio-cultural rights (social and culture rights).
6. Human rights to obtain judicial procedures and
protection (procedural rights).

Indonesia's view on
human rights
The government or the state is
obliged to regulate, thus:
1. Freedom of expression is a responsible opinion.
2. The right to own something, the right to buy and sell it and
use it.
3. The right to equal treatment in law and government.
4. The right to participate in government means fulfilling the
requirements and capacities for this.
5. The right to choose education means that there is also an
obligation to carry out education.
6. Human rights receive equal treatment in judicial procedures
and protection means that we are not allowed to manipulate
regulations giving birth to the judiciary to take action without
rules and are not allowed to take the law into our own hands.
 Cause offense HAM

1. Factor Internal 2. Factor External

 Attitude selfish  Abuse power
 Kurng empathy  Indecision

to other people apparatus

 The low level enforcer law

awareness to  Abuse technology

 Gap social and
HAM
the economy that
 Not tolerant
high.
 Attitude
arrogant
Efforts to Handling
Cases of Human
Rights Violations
1. The rule of law and democracy must be upheld.
2. Improve the quality of public services.
3. Increasing supervision from the public and political
institutions of any human rights enforcement efforts
undertaken by the government.
4. Increase the dissemination of human rights principles to
the community through formal and non-formal
educational institutions.
5. Increase the professionalism of national security and
defense institutions.
6. Increase harmonious cooperation between groups or
groups.
 Establishment of
a human rights
court
1. Court hearing
examination
2. Investigation
3. Prosecution
4. Investigation
thank you