by Dharma Na Gara

Criminal Law, Hukum Administrasi Negara, Hukum Perdata-Civil LawNovember 29, 20200 comments 0 Likes

Summary of Republic Indonesia Constitution and Human Rights Law in Indonesia.

Summary of articles of Republic Indonesia Constitution and Human Rights Law in Indonesia.

Republic Indonesia Constitution Year 1945 or Undang-undang Dasar Negara Republik Indonesia Tahun 1945

Article 1

• The country of Indonesia is a Unitary Country in the form of a Republic;
• Sovereignty rests in the hands of the people and is exercised according to the constitution;
• The Country of Indonesia is a country of law.

Article 4

• The President of the Republic of Indonesia holds governmental powers according to the Constitution.
• In performing his/her duties the President is assisted by one Vice President.

Article 24

• Judicial power is an independent power to administer justice in order to uphold law and justice.
• Judicial power is exercised by a Supreme Court and judicial bodies under it in the general court, religious courts, military courts, state administrative courts and by a Constitutional Court.
• Other bodies whose functions are related to judicial powers are regulated in a law.

Article 26

• Those who become citizens are the native Indonesian people and from other nations who have been legalized by law as citizens.
• Residents are Indonesian citizens and foreigners who reside in Indonesia.
• Matters concerning citizens and residents shall be regulated by law.

Article 27

• All citizens shall have an equal position before the law and government and are obliged to uphold the law and government without exception.
• Every citizen has the right to work and a living that is decent for humanity. Every citizen has the right and obligation to participate in efforts to defend the state.

Article 28

Freedom of association and assembly, expressing thoughts orally and in writing and so on is stipulated by law.

Chapter XA **)

Human rights

Article 28 A

Everyone has the rights to live and has the rights to defend his/her live and life.

Article 28B

• Everyone has the rights to form a family and continue their offspring through a legal marriage.
• Every child has the rights to live, grow and develop and has the protection rights from violence and discrimination.

Article 28C

• Everyone who has the rights to develop him/herself through the fulfillment of the necessities of life, has the right to receive education and to benefit from science and technology, art and culture, in order to improve the quality of his/her life and for the welfare of mankind.
• Everyone has the rights to promote him/herself in the collective struggle for his rights to develop his community, nation and the country.

Article 28 D

• Everyone has the rights to recognition of guarantees, protection and legal certainty that is just and equal treatment before the law.
• Everyone has the rights to work and to receive fair and proper compensation and treatment in an employment relationship.
• Every citizen has the rights to equal opportunities in government.
• Everyone has the rights to citizenship status.

Article 28E

• Everyone is free to embrace religion and worship according to his religion, to choose education and teaching, to choose work, to choose citizenship, to choose a place to live in the territory of the country and leave it, and to have the right to return.
• Everyone has the rights to freedom of belief, to express thoughts and attitudes, according to their conscience.
• Everyone has the rights to freedom of association, assembly and expression.

Article 28F

Everyone has the right to communicate and obtain information to develop their personal and social environment, and the rights to seek, obtain, possess, store, process and convey information using all available channels.

Article 28G

• Everyone has the rights of protection of his / her personal, family, honor, dignity and property under his/her control, as well as to the feeling of security and protection from the threat of fear to do or not do something which constitutes human rights.
• Everyone has the rights to be free from torture and treatment that degrading human dignity and has the right to obtain political asylum from other country.

Article 28H

• Everyone has the rights to live in physical and spiritual prosperity, to have a place to live and to have a good and healthy living environment and the rights to obtain health services.
• Everyone shall receive special facilities and treatment to obtain equal opportunities and benefits in order to achieve equality and justice.
• Everyone has the rights to social security which enables him/her to complete development as a dignified human.
• Everyone has the rights to own private property and these rights cannot be taken over arbitrarily by anyone.

Article 28I

• The rights to life, the rights not to be tortured, the rights to freedom of thought and conscience, the rights to have a religion, the rights not to be enslaved, the rights to be recognized as a person before the law and the rights not to be prosecuted on the basis of retroactive law are human rights which cannot be reduced under any circumstances.
• Everyone has the right to be free from discriminatory treatment on any basis and is entitled to protection against such discriminatory treatment.
• The cultural identity and rights of traditional communities are respected in accordance with the times and civilizations.
• The protection, promotion, enforcement and fulfillment of human rights are the responsibility of the country, especially the government.
• 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 statutory regulations.

Article 28J

• Everyone is obliged to respect the human rights of others in an orderly life in society, as a nation and as a country.
• In exercising his/her rights and freedoms, every person is obliged to comply with the restrictions established by law with the sole purpose of guaranteeing recognition and respect for the rights of freedom of others and of fulfilling fair demands in accordance with considerations of moral and religious values, security and public order in a democratic society.

CHAPTER XIII

EDUCATION AND CULTURE

Article 31

• Every citizen has the rights for education.
• Every citizen is obliged to attend basic education and the government is obliged to finance it.
• The government shall endeavor and implement a national education system, which increases faith and piety as well as noble morals in the framework of the intellectual life of the nation as regulated by law.
• The Country prioritizes the Education budget of at least twenty percent of the state revenue and expenditure budget as well as from the regional income and expenditure budget to meet the needs for the management of national education.
• The government shall advance science and technology by upholding religious values and national unity for the advancement of civilization and the welfare of mankind.

Article 32

• The country shall promote Indonesia’s national culture in the midst of world civilization by guaranteeing the freedom of the people in maintaining the development of cultural values.
• The Country respects and maintains regional languages as national cultural assets.

NATIONAL ECONOMY AND SOCIAL WELFARE

Article 33

• The economy is structured as a joint effort based on the principle of kinship.
• Production branches which are important to the country and which affect the livelihood of the public shall be controlled by the state.
• The land and water and natural resources contained therein shall be controlled by the country and used for the greatest prosperity of the people.
• The national economy shall be implemented based on economic democracy with the principles of togetherness, efficiency with justice, sustainability, environmental insight, independence, and by maintaining a balance between progress and national economic unity.
• Further provisions regarding the implementation of this article shall be regulated in law.

Article 34

• The poor and neglected children are cared by the country.
• The country develops a social security system for all the people and empowers the weak and underprivileged people according to human dignity.
• The country is responsible for the provision of adequate health service facilities and public service facilities.
• Further provisions regarding the implementation of this article are regulated in law.

Human Rights in Indonesia was regulated in Undang-undang No. 39 tahun 1999 concerning Human Rights which regulated as follows:

CHAPTER I

GENERAL REQUIREMENTS

article 1

In this law what is meant by:

1. Human Rights are a set of rights inherent in the nature and existence of humans as creatures of God Almighty and are His gifts that must be respected, upheld and protected by the state, law, government and everyone for the sake of honor and protection of human value and dignity.
2. Basic human obligations are a set of obligations which if it isn’t implemented, then the realization and the upholding of human rights won’t be possible.
3. Discrimination is any limitation, harassment or exclusion that is directly or indirectly based on human differentiation on the basis of religion, ethnicity, race, ethnicity, group, class, social status, economic status, gender, language, political beliefs, which results in reduction, deviation or elimination of recognition, implementation or the use of human rights and basic freedoms in life, both individually and collectively in the political, economic, legal, social, cultural and other aspects of life.
4. Torture is any act that is done on purpose, causing great pain or suffering, both physically and spiritually, to a person in order to obtain a confession or information from someone or from a third person, by punishing him/her for an act that the person has committed or suspected to be committed by someone or a third person, or threatening or coercing someone or a third person, or for any reason based on any form of discrimination, if the pain or suffering is caused by, at the instigation of, with the consent or knowledge of anyone and or public officials.
5. Child is any human being under 18 (eighteen) years old and hasn’t married, including children who are still in the womb if it is in his interest.
6. Violation of human rights is every act of a person or group of people, including the country apparatus, whether intentional or unintentional or negligence which unlawfully reduces, obstructs, limits and or removes the human rights of a person or group of people guaranteed by this law and do not receive or are worried that they will not obtain a fair and correct legal settlement, based on the applicable legal mechanism.
7. The National Commission on Human Rights, hereinafter referred to as Komnas HAM, is an independent institution that is at the same level as other country’s institutions which functions to carry out human rights studies, research, counseling, monitoring and mediation.

CHAPTER II

BASIC PRINCIPLES

Article 2

The Republic of Indonesia recognizes and upholds human rights and basic human freedoms as the rights which are naturally inherent to and inseparable from humans, which must be protected, respected and upheld for the sake of enhancing human dignity, welfare, blissfulness, intelligence and justice.

Article 3

• Everyone is born free with the same and equal human dignity and is endowed with a mind and conscience to live in a society, nation and state in a spirit of brotherhood.
• Everyone has the rights to the recognition, guarantee, protection and fair legal treatment and to receive legal certainty also equal treatment before the law.
• Everyone has the rights to the protection of human rights and basic human freedoms, without discrimination.

Article 4

The rights to life, the rights not to be tortured, the rights to personal freedom, thought and conscience, the rights to religion, the rights not to be enslaved, the rights to be recognized as a person and equality before the law, and the rights not to be prosecuted on the basis of law which applies retroactively are rights human rights that cannot be reduced under any circumstances and by anyone.

Article 5

• Everyone is recognized as an individual human being entitled to demand and receive equal treatment and protection in accordance with his human dignity before the law.
• Everyone has the rights to fair assistance and protection from an objective and impartial court.
• Everyone who belong to a vulnerable group of people has the rights to receive more treatment and protection with respect to their specifics.

Article 7

• Everyone has the rights to use all legal remedies at national and international forums for all human rights violations which guaranteed by Indonesian law and international law regarding human rights that have accepted by the Republic of Indonesia.
• The provisions of international law that have accepted by the Republic of Indonesia concerning human rights become national law

Article 8

The protection, promotion, enforcement and fulfillment of human rights are primarily the responsibility of the government.

Article 9

• Everyone has the rights to live, defend his/her life and improve his/her standard of living.
• Everyone has the rights to live in peace, security, peace, cheerfully, physical and spiritual prosperity.
• Everyone has the right to a good and healthy environment.

RIGHT TO JUSTICE

Article 17

Everyone, without discrimination, have the right to obtain justice by submitting applications, complaints, and lawsuits in criminal, civil and administrative cases as well as being tried through a trial process that is free and impartial, in accordance with the procedural law which guarantees an objective examination by an honest and fair judge to get a fair and correct decision.

Article 18

• Every person who is arrested, detained and prosecuted because he is suspected of having committed a criminal act has the rights to be presumed innocent until proven guilty legally in a court session and given all legal guarantees necessary for his/her defense, in accordance with the provisions of laws and regulations.
• Every person may not be prosecuted to be punished or sentenced to punishment unless based on a statutory regulation that have existed before the crime was committed.
• Every time there is a change in statutory regulations, the most favorable provisions for the suspect shall apply.
• Everyone who being examined has the rights to receive legal assistance from the time of the investigation until a court decision is legally binding.
• Everyone cannot be prosecuted for the second time in the same case for an act which has obtained a court decision that has permanent legal force.

Article 19

• No offense nor crime whatsoever is punishable by the penalty of confiscation of all property belonging to the offender.
• No person on a court decision may be sentenced to imprisonment or confinement on the basis of the inability to fulfill an obligation in the debt and credit agreement.

Article 22

• Everyone is free to embrace his/her own religion and to worship according to his/her religion and beliefs.
• The State guarantees the freedom of everyone to embrace their respective religions and to worship according to their religion and beliefs.

Article 26

• Everyone has the rights to have, obtain, change or maintain his/her citizenship status.
• Everyone is free to choose his nationality and without discrimination, has the right to enjoy the rights that come from and inherent in his citizenship and must carry out his obligations as a citizen in accordance with the provisions of laws and regulations.

SECTION SIXTH

THE RIGHT TO FEEL SECURE

Article 28

• Everyone has the rights to seek asylum to obtain political protection from other countries.
• The rights as meant in paragraph (1) do not apply to those who commit non-political crimes or acts contrary to the aims and principles of the united nations.

Article 29

• Everyone has the rights to protection of self-personal, family, honor, dignity and property.
• Everyone has the rights to recognition everywhere as a personal human before the law.

Article 30

Everyone has the rights to a sense of safe, secure and protection against the threat of fear to do or not do something.

Article 31

• The place of residence of any person may not be disturbed.
• Stepping on or entering a compound of residence or entering a house against the will of the person living in it, is only permitted in matters stipulated by law.

Article 32

Freedom and confidentiality in correspondence, including communication through electronic means, must not be disturbed, except by order of a judge or other lawful authority in accordance with the provisions of laws and regulations.

Article 33

• Everyone has the rights to be free from torture, punishment, cruelty or inhuman treatment neither degrading his/her human dignity.
• Everyone has the rights to be free from enforced disappearance and deprivation of life.

Article 34

Everyone may not be arrested, exhibited, tortured, excommunicated, exiled or dumped arbitrarily.

Article 35

Everyone who has the rights to live in a peaceful, safe and secure society and state, which respects, protects and implements human rights and basic human obligations are regulated in this law.

THE RIGHT TO WELFARE

Article 36

• Everyone has the rights to own property, individually or collectively with others for the development of him/herself, his/her family, the nation and the community in a way that does not violate the law.
• No person may be confiscated from his/her property arbitrarily and illegally.
• Property rights have a social function.

Article 41

• Every citizen has the rights to social security necessary for a decent life and for his full personal development.
• Everyone with disabilities, elderly people, pregnant women and children has the rights to receive special facilities and treatment.

Article 42

Every citizen who is elderly, physically and or mentally disabled has the rights to receive special care, education, training and assistance at the state’s expense, to ensure a decent life in accordance with his human dignity, increase self-confidence, and the ability to participate in the life of the community, nation and in the country.

WOMEN’S RIGHTS

Article 45

The rights of women in this law are human rights.

Article 47

A woman who marries a man of foreign nationality does not automatically follow her husband’s citizenship/nationality status but has the right to retain, change or regain her nationality/citizenship status.

Article 48

Women have the rights to obtain education and teaching at all types, levels and paths of education in accordance with predetermined requirements.

Article 49

• Women have the rights to choose, be elected, appointed in jobs, positions and professions in accordance with statutory requirements and regulations.
• Women have the rights to receive special protection in the implementation of their work or profession against things that can threaten their safety and or health with respect to women’s reproductive function.
• The special rights inherent in women due to their reproductive function are guaranteed and protected by law.

Article 50

An adult and / or married woman has the rights to carry out legal actions on her own, unless otherwise stipulated by her religious law.

Article 51

• A wife while in the marriage bond has the same rights and responsibilities as her husband for all matters relating to her married life, relations with her children and the right to own and manage joint assets.
• After the divorce, a woman has the same rights and responsibilities as her ex-husband for all matters relating to her children, by considering the best interests of the children.
• After the divorce, a woman has the same rights as her ex-husband over all matters relating to joint assets without reducing children’s rights, in accordance with the provisions of laws and regulations.

PART TEN

CHILDREN’S RIGHTS

Article 52

• Every child has the rights of protection by parents, family, society and the country.
• Children’s rights are human rights and for the sake of their interests, children’s rights are recognized and protected by law even from the time they are in the womb.

Article 53

• Every child since in the womb has the rights to live, to maintain life and to improve his standard of living.
• Since birth, every child is entitled to a name and citizenship status.

Article 54

Every child with physical and or mental disabilities has the rights to receive special care, education, training and assistance at the expense of the state, to ensure his life in accordance with human dignity, increase self-confidence and the ability to participate in the life of the community, nation and state.

Article 58

• Every child has the right to obtain legal protection from all forms of physical or mental violence, neglect, ill-treatment and sexual harassment while in the care of his parents or guardians, or any other party responsible for the care of the child.
• In the event that a parent, guardian or child caregiver who commits all forms of physical or mental abuse, neglect, ill-treatment, and sexual harassment including rape, and / or murder of a child which should be protected, it shall be subject to a higher penalty.

Article 60

• Every child has the rights to receive education and teaching in the framework of personal development according to his/her interests, talents and level of intelligence.
• Every child has the rights to seek, receive, and provide information according to his/her intellectual level and age for the sake of his/her own development as long as it is in accordance with the values of decency and propriety.

Article 64

Every child has the rights to get protection from economic exploitation activities and any work that endangers them, so that it can interfere with his/her education, health, physical, moral, social life, and mental spirituality.

Article 65

Every child has the rights to get protection from activities of sexual exploitation and abuse, kidnapping, child trafficking, and from various forms of abuse of narcotics, psychotropic substances and other addictive substances.

Article 66

• Every child has the rights not to be subjected to mistreatment, torture or inhuman punishment.
• The death penalty or life sentence cannot be imposed for the offender who is a child.
• Every child has the rights not to be illegally deprived of his/her freedom.
• The arrest, detention or imprisonment of children may only be carried out in accordance with the applicable law and can only be carried out as the last resort.
• Every child who is deprived of his/her freedom has the rights to receive humane treatment and with due observance of personal development needs according to his age and must be separated from adults, except in his/her interest.
• Every child who is deprived of his/her freedom has the rights to obtain legal aid or other assistance effectively at every stage of the applicable legal efforts.
• Every child who is deprived of his/her freedom has the rights to defend him/herself and to receive justice in an objective and impartial Juvenile Court in a closed session to the public.

CHAPTER IV

BASIC HUMAN OBLIGATIONS

Article 67

Everyone who is in the territory of the Republic of Indonesia is obliged to comply with statutory regulations, unwritten laws and international law regarding human rights that have been accepted by the Republic of Indonesia.

Article 68

Every citizen is obliged to participate in efforts to defend the state in accordance with the provisions of laws and regulations.

Article 69

(1) Everyone is obliged to respect the human rights of others, morals, ethics and order of life in society, nation and in the country.

(2) Every human rights person creates a basic obligation and responsibility to respect the human rights of others mutually and it is the duty of the Government to respect, protect, enforce and promote them.

Article 70

In exercising their rights and freedoms, everyone is obliged to comply with the restrictions established by law with the aim of guaranteeing recognition and respect for the rights and freedoms of others and to fulfill fair demands in accordance with considerations of moral, security and public order in a democratic society.

CHAPTER V

GOVERNMENT OBLIGATIONS AND RESPONSIBILITIES

Article 71

The government is obliged and responsible for respecting, protecting, upholding and promoting human rights as regulated in this law, other laws and regulations and international human rights law accepted by the Republic of Indonesia.

Article 72

The obligations and responsibilities of the government as referred to in Article 71, include steps for effective implementation in the fields of law, politics, economy, social, culture, national defense and security and other fields.