Human Rights and Basic Rights of Citizens

Deputy Chief Justice Aswanto giving a keynote speech at a book review by the University of Bengkulu, Friday (9/9/2021). Photo by Humas MK/Ifa.

Friday, September 9, 2022 | 19:34 WIB

BENGKULU (MKRI)—Deputy Chief Justice Aswanto and Constitutional Justice Daniel Yusmic P. Foekh gave a keynote speech at a book review of Perlindungan, Penghormatan, dan Pemenuhan Hak Asasi Manusia Domestik dan Internasional (Protection, Respect, and Fulfillment of Domestic and International Human Rights), written by Justice Aswanto and substitute registrar Wilma Silalahi, at the Law Faculty of University of Bengkulu on Friday, September 9, 2022 at the university’s International I Room.

Justice Aswanto said the book discusses the natures of and differences between human rights (HAM) and the basic rights granted by the state to citizens. Human rights are essentially rights that come from God, while basic rights are given to citizens in order to create a harmonious, balanced, and dynamic society. Therefore, there has been confusion on both rights in the 1945 Constitution. Article 28 of the 1945 Constitution is about freedom of speech/expression, he said, which is part of human rights. In this case, the state guarantees that these rights are fulfilled in accordance with applicable regulations.

“The state may authorize state institutions, such as the Constitutional Court, which protects human rights. This function is then embodied by the Constitutional Court by observing whether the rights granted by the Constitution are implemented and fulfilled properly,” he added.

History and Development of Human Rights

Meanwhile, Justice Foekh recommended the book to law students. At the beginning, he said, the book talks about the history of the Constitution through important meetings among the nation founders to discuss human rights. The book, he added, also talks about human rights violations in the history of the nation as well as the development of those rights.

“The book encourages readers to follow the development of human rights in Indonesia. It also encourages [readers] to explore human rights issues that can be studied further,” he added.

Justice Foekh also talked about emergency situations and the fulfillment of human rights and basic rights. Pandemic and endemic, he said, are stipulated in the Constitution or norms under it. During a compelling crisis situation, the president may issue a perppu (government regulation in lieu of law) to mitigate the issue. He also revealed that the Constitutional Court had ruled on this norm.

He also urged law students to discuss constitutional guarantee in various situations including during crisis in order to broaden their perspective on human rights in the Constitution and the law.

Writer        : Sri Pujianti
Editor        : Nur R.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 9/12/2022 13:41 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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