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CHAPTER I
INTRODUCTION
1.1 Background
Rights are normative elements inherent in every human being
within the scope of its application is at the right of equality and the right to freedom
related to the interaction between individuals or by institutions . rights also
is something that must be earned . Human rights issue is something that
often discussed and discussed , especially in this era of reform . more human rights
upheld and be regarded in an era of reform in the era before
reform . Keep in mind that , in the enjoyment of rights, we do not live alone and
we live to socialize with others . Let us not commit human rights violations against others in
the business acquisition or fulfillment in ourselves .
So with these authors take the title " Human Rights " .
1.2 Identification of Problems
In this paper the authors identified the problem as follows :
1 . Definition of Human Rights
2 . Human Rights Developments
3 . Human Rights in Islam review
4 . Examples of human rights violations
1.3 Limitations
So that the problem is not too extensive discussion and more focused on the problem
and objectives in terms of making this paper , then by this author
limiting the scope of the problem only on human rights .
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CHAPTER II
DISCUSSION
2.1 Definition , Purpose , and Basic Characteristics of Human Rights Itself
2.1.1 Definition of Human Rights
• Human rights are fundamental rights possessed by human beings , according to their nature
( Kaelan : 2002) .
• In the opinion of Jan Materson ( of the UN Human Rights Commission ) , in the Teaching
of Human Rights , the United Nations , as quoted by Baharuddin Lopa insists that human
rights are rights inherent to every human being , without which it is impossible to live as a
human being human .
• John Locke stated that human rights are the rights that are given directly by God the Creator
as a natural right . ( Mansour Effendi , 1994) .
• In Article 1 of Law Number 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 the Almighty God and is
His grace that must be respected , upheld and protected by state , law , government and every
person , for the respect and protection of human dignity " .
2.1.2 Main Characteristics of Human Rights Itself
Based on several human rights above formula , it can be deduced about rcipatam
• human rights need not be given , purchased or inherited . Human rights are part of human
automatically.
• human rights apply to all people without regard to sex , race , religion , ethnicity , political
opinion or social origin and nation .
• human rights can not be violated . No one has the right to restrict or violate the rights of
others . People still have rights even if a state makes laws that do not protect or violate human
rights ( Mansour Fakih , 2003) .
2.1.3 Development of Human Thought
Divided into four generations , namely :
1 . The first generation of human rights argue that the notion that only focused on the field of
law and politics . The focus of the first generation of human rights thinking in the field of law
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and politics and the situation caused by the impact of World War II , totalitarianism and the
desire Countries newly independent legal order to create something new .
2 . The second generation of human rights ideas are not only demanding the rights of juridical
rights but also social , economic , political and cultural . So the thought of a second -
generation human rights shows the expansion of understanding of the concept and scope of
human rights . During the second generation , juridical rights received less emphasis so that
there is an imbalance in social and cultural rights , economic rights and political rights .
3 . The third generation in response to the second generation of human rights thinking . The
third generation of promising the unity between the economic, social , cultural , political , and
legal in a basket called to carry out the development rights . In the implementation of the
ideas of human rights of third generation also experienced an imbalance where there is an
emphasis on economic rights in terms of economic development
a top priority , while other rights neglected , causing many casualties , because a lot of other
people's rights are violated .
4 . The fourth generation of the highly criticized the dominant role of the state in the
development process that focuses on economic development and cause negative effects such
as the neglect of the people's welfare aspects . Besides development programs being run not
by the needs of the people as a whole but meet the needs of an elite group . The fourth
generation of human rights ideas pioneered by countries in the region which in 1983 gave
birth to the declaration of human rights is called the Declaration of the Basic Duties of Asian
People and Government
2.1.4 Purpose of Human Rights
HAM is very simple purpose is to always be aware of , respect and uphold human rights
and the dignity of the human person in order to create justice and peace throughout the world
, especially for members who tegabung therein .
In historical perspective , the efforts on the mind , study and conceptualization of
pouring it along and struggle to recognize and enforce the existence of human rights long
before it actually existed before pouring formally in deglarasi it has appeared in the midst of
human society , both in the west and the east , although it is local and partial .
The development of human rights in the world of thought stems from :
1 . Magna Charta
In general, experts in Europe believe that the birth of human rights in Europe started with
the birth magna Charta , which contains the view that the king had absolute power ( the king
who created the law , but he himself is not bound by the laws he made ) , be restricted power
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and began to be held accountable before the law ( Mansour Effendi , 1994) .
2 . The American declaration
Further development of human rights is characterized by the emergence of the American
Declaration of Independence , who was born from familiar Rousseau danMontesquuieu .
Begin emphasized that humans are independent from her mother in the stomach , so it is not
logical that after birth should be shackled .
3 . The French declaration
Subsequently , in 1789 was born the French Declaration ( Declaration of France ) ,
where the terms on the right are specified as stated in the Rule of Law which, among other
sounds there should be no arrest without a valid reason . In that regard applies
prinsippresumption of innocent , it means the people who were arrested , then detained and
charged , entitled declared not guilty , until there is a court decision that is final and binding
which found him guilty .
4 . The four freedom
There are four rights of freedom of speech and expression , the right to freedom
religion and worship according to the teachings of religious needs, the right to freedom from
poverty in the definition of each nation trying to reach the level of a peaceful and prosperous
life for its residents , the right to freedom from fear , which include businesses , reduction of
armaments , so that none of the nation's desire to be in a position to carry out an attack
against another country ( Mansour
Effendi , 1994) .
2.2 The development of human rights thinking in Indonesia
Human thought pre-independence period were most prominent in the Indische Partij
is right to liberty and the right to equal treatment independence .
The development of human rights in Indonesia for now this is enough baik.Contohnya
only area of Sleman Yogyakarta , Sri Sultan HB X with the employers and the government to
provide assistance to all the community Yogja in need and who suffered from Mount Merapi
. Each quota refugees get Rp 5 thousand per day .
For residents whose homes were damaged , will get a share until the house was
completed. Sultan revealed shelter construction funds came from a joint employer . While the
government helped pegadaan water and electricity facilities . Regarding livelihood , while the
Sultan urged people to cut down bamboo trees .
Since independence in 1945 until now in Indonesia has 3 Constitution applies in four
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periods , namely :
1 . The period of August 18, 1945 until December 27, 1949 , 1945 prevail
2 . The period December 27, 1949 until August 17, 1950 , the Constitution of the Republic of
Indonesia applicable United
3 . The period of August 17 to July 5, 1959 , 1950 Constitution applies
4 . The period July 5, 1959 to the present , apply Back 1945
2.3 Overview of Human Rights in Islam
The existence of the doctrine of human rights in Islam shows that Islam as
religions have placed man as honorable and noble creatures . by
Therefore, protection and respect for human beings is a demand
doctrine itself that must be carried out by his followers against fellow human beings
without exception . The rights given by God it is permanent , eternal and
eternal , should not be altered or modified ( Abu Ala Almaududi , 1998 ) . in
Islam there are two concepts of rights , namely the right man ( insan al rights ) and rights
God . Any rights that underlies each other mutually . God underlies human rights
and also vice versa . In its application , none of the rights that regardless of
second right , such prayers .
While in the case of al beings as property rights , every human being has the right to
manage property held
Islamic concept of human life is based on the approach
theocentric ( theocentries ) or who puts God through the provision of Sharia
as a measure of good bad good order of human life as
as well as private citizens or residents of the nation masyarakjat . thus
Islamic concept of human rights rests on the doctrine of monotheism . The concept of
monotheism containing
the idea of equality and brotherhood of man . The concept of Tawheed also includes the idea
of equality and unity of all beings by Harun Nasution and Bahtiar
Effendi called perikemakhlukan idea . Islam came inherently carry
doctrine of human rights , Islamic doctrine of human rights can be found in the main source
the teachings of Islam , al - Quran and al - Hadith are a source of normative doctrine ,
There is also the practice of the life of Muslims .
Judging from the level , there are three forms of human rights in Islam , first , Darury
Rights ( basic rights ) . Something considered basic rights when these rights are violated , not
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only makes the human suffering , but also existence even lost dignity
humanity . For example , if the right to life is violated then it means the person is dead .
Second , secondary rights ( hajy ) that the rights which if not met will result in
loss of rights elementary example , a person's right to obtain clothing
adequate food will result in the loss of the right to life . Third rights tertiary ( tahsiny ) the
right of the lower level of primary and secondary rights ( Masdar F. Mas'udi , 2002) .
On Human Rights relating to the rights of citizens , Al Maududi explains that in Islam
the first and main rights of citizens are :
1 . Protect life , property and dignity they together - together with the assurance that it is not
our right to interfere , except for reasons of legitimate and illegal .
2 . Protection of personal freedom . Privacy can not be violated except after going through the
process of convincing evidence is legally and provide the opportunity for the accused to
present a defense .
3 . Independence to express opinions and beliefs embraced each
4 . Guarantees the fulfillment of basic needs for all citizens without distinction of caste or
creed . One of the obligation of zakat to Muslims , one of them to meet the basic needs of
citizens .
2.4 Human Rights in National Legislation
In Indonesian law there are at least the legal form of written
which contains rules on human rights . First , the constitution ( Constitution State ) . second ,
the provision MPR ( MPR ) . Third , the Act . Fourth , in
regulations implementing legislation such as government regulations , decisions
president and other regulations .
Excess regulation of human rights in the constitution that guarantees
very strong due to changes and or removal of the article in the constitution
as in administration in Indonesia experienced a very heavy process and
Long , among others, through amendments and referendum , while the disadvantages
as stipulated in the constitution still contains only global rules such as constitutional
provisions on human rights in Indonesia are still global . while
when setting it in the form of the Human Rights Act and its implementing regulations
weakness , the possibility of frequent changes .
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2.5 Violations of human rights and human rights courts
Human rights violations are all actions by individuals or groups of people
including the state apparatus either intentional or unintentional, that
legally reduce , impede , restrict or revoke the rights and
a person or group of persons is guaranteed by this Act , and not
obtained or will obtain feared legal settlement
apply ( Law no. 26/2000 on Human Rights court ) . While violation
Human light apart from the two forms of the gross human rights violations .
The crime of genocide is any act committed with the intent
to crush or destroy in whole or in part a national group ,
racial , ethnic and religious groups . The crime of genocide carried out by
killing members of the group , causing serious bodily or mental harm
weight of the group members , creating conditions of life
which will result in physical extermination whole or in part ,
imposing measures intended to prevent births within the
group , and forcibly transferring children of the group to
other groups ( Law no. 26/2000 on Human Rights court ) .
While it is a crime against humanity is one of the acts that
conducted as part of a widespread or systematic attack that
knowledge that such attack aimed directly against the population
civil form of murder , extermination , enslavement , expulsion or removal
population by force, deprivation of liberty or deprivation of physical liberty
Another arbitrarily in violation of ( the principles of ) the principal provisions of the law
Internationally, torture , rape , sexual slavery , forced prostitution
or other forms of sexual violence are equal , the persecution of a
certain groups or associations based equations political beliefs , race ,
nationality , ethnicity , culture , religion , gender or other grounds that are recognized
universally as impermissible under international law ,
enforced disappearances , and the crime of apartheid .
Violation of human rights can be done by either the state apparatus
and not the state apparatus ( Law no. 26/2000 on Human Rights court ) . because
The prosecution of human rights violations should not be directed only to
state apparatus , but also violations committed not by the state apparatus.
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Prosecution of human rights violations ranging from investigation , prosecution , and
trial of violations should be non - discriminatory and
justice . Human Rights Court is a special court which is in
general court environment .
2.6 Person in charge of the enforcement ( respection ) , advancement ( promotion ) ,
protection ( protection ) and compliance ( fulfill ) rights .
Promoting responsibility , respect and protection of human rights is not only
charged to the state , but also to the individual citizens . that is to say
nations and individuals alike have a responsibility to promote,
respect and protection of human rights . Therefore , the actual human rights violations
not be done by the state to its people , but also by the people
to the people who called the violations horizontally .
One example is a violation of human rights in early February 2003 had become
international attention when it releases about to capture Gen. (ret ) Wiranto Cs of Indonesia
because of human rights violations after the steamed - team poll . Through the Serious
Crimes Unit ( SCU ) UNTAET established as part of the Attorney General of Timor -Leste ,
military officials at the time recommended on trial in East Timor . Release issued by the SCU
surprising Indonesian society . This was due to the violation of human rights court case is still
ongoing Teams court of human rights in the Central Jakarta District Court
Case Examples of Human Rights Violations :
1 . The occurrence of maltreatment in the civil STPDN by senior on the pretext of coaching
that led to the death of clips Muntu in 2003 .
2 . Lecturer who lazy to go to class or lazy to explain to a course to students is a violation of
human rights to every student light .
3 . The merchants who sell on the sidewalk is a violation of human rights of the pedestrians ,
thus causing the pedestrians to walk on the side of the road
so it is particularly vulnerable to accidents .
4 . Tradisioanal traders who trade on the side of the road is a violation of human rights
against lightweight road users so that the users can not enjoy the road
vehicle flows smoothly.
5 . Parents who impose his will that his entry in a particular department in the college human
rights violations against children , so
a child can not choose majors that match their interests and talents .
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CHAPTER III
CLOSING
3.1 Conclusion
Human rights are fundamental rights possessed by man according to his work . Each
individual has a desire for her human rights are met , but the one thing we need to remember
that Do not ever violate or suppress human rights of others.
Human rights of every individual are limited by the rights of others. In Islam , the
Islamic Human Rights had already been noticed . Islamic teachings of Islam can be found in
the primary source of Islamic teachings , namely the Qur'an and Hadith are a source of
normative doctrine , also contained in the daily life of Muslims .
In the state of life is regulated and protected by human rights laws - laws RI , where any form
of human rights violations whether committed by a person , a group or an institution or even
a State court shall be tried in the implementation of human rights , human rights court to take
legal proceedings through the court proceedings as human rights contained in the Human
Rights Act the courts .
3.2 Suggestions
As social beings we should be able to defend and fight for our own rights . In
addition, we also have to be able to respect and safeguard the human rights of others lest we
commit human rights violations . And do not get our rights also violated and trampled
underfoot by others . So in keeping human rights and we should be able to align us with the
offset between human rights human rights of others.
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REFERENCES
1 . Idjehar , Muhammad Budairi , HAM versus Capitalism , New York: INSIST Press , 2003.
2 . Ubaidullah Ahmad et al , Democracy , Human Rights , and Civil Society , London: ICCE
UIN Syarif Hidayatullah , 2000 .
12. ii
TABLE OF CONTENTS
WORD PENGANTAR........................................................................................ i
Sign up ISI........................................................................................................... ii
CHAPTER I INTRODUCTION ............................................... ........................... 1
1.1 Background .............................................. ....................................................... 1
1.2 Problem Formulation ............................................... ....................................... 1
1.3 Objectives and Benefits .............................................. ..................................... 1
CHAPTER II PEMBAHASAN............................................................................... 2
2.1 Definition , Purpose , and Basic Characteristics of Human Rights Itself ......... 2
2.2 Development of Human Rights in Indonesia thought ...................................... 5
2.3 Overview of Human Rights in Islam ............................ .................................. 5
2.4 Human Rights in National Legislation ............................................................. 7
2.5 Violations of human rights and human rights courts ............................ ............ 7
2.6 Person in charge of the enforcement ( respection ) , advancement ( promotion ) ,
protection ( protection ) and compliance ( fulfill ) Human .......................... ......... 8
CHAPTER III PENUTUP................................................................................... 9
A. Kesimpulan...................................................................................................... 9
B. Saran................................................................................................................ 9
REFERENCES ................................................ ................................................... 10
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INTRODUCTION
Praise and Gratitude I pray to God the Almighty , because of the blessings and abundance
rahmatnyalah then I must finish an essay in a timely manner .
Here the author presented a paper entitled " Human Rights "
Through this preface first writer apologized and pleaded proclamation which the contents of
this paper when there is a shortage and there are posts that I make less precise or menyinggu
reader feeling .
I hereby dedicate this paper with gratitude and may God Almighty bless this paper so as to
provide benefits .
Raha , Maret 2014
" Author "
