Protection of Human Rights in the Amendment of the 1945 Constitution of The Republic of Indonesia

DOI

10.2991/assehr.k.210506.050How to use a DOI?

Keywords

protection, human rights, the amendment of the 1945 Constitution

Abstract

The inclusion of human rights arrangements in the 1945 Amendment Constitution does not mean that human rights have been fully fulfilled. Many human rights problems still need serious attention from various parties, not only the state and the government but also the community and individuals. The amendment of the 1945 Constitution clearly determines the kinds of human rights that must be respected, protected, and fulfilled. Moreover, human rights in the Amendment of the 1945 Constitution are closely related to the regulation of basic individual rights and citizens’ rights. However, it is very difficult to distinguish between the two types of rights due to the differences in grouping in the placement of the arrangement. Thus, this paper is intended to describe the efforts made to guarantee the protection of human rights through the 1945 Amendment Constitution. For this reason, legal research is carried out using a normative juridical approach through the use of secondary data while the results are analyzed qualitatively. The study revealed that human rights in the Amendment of the 1945 Constitution are categorized as constitutional rights divided into two categories, human rights and citizen rights. Human rights are owned by all residents, while the rights of citizens are owned by the citizens. This does not mean that the rights of citizens are not included as human rights but are only given and enforced limitedly to citizens. Those who are not citizens are not granted this kind of human rights, but they are limited to human rights in the form of basic individual rights. These two rights have been included in the 1945 Amendment in a different section. Human rights are regulated in Article 28 A to Article 28 J, while citizens’ rights can be seen in Article 27, Article 29 paragraph (2), Article 30 paragraph (1), Article 31, Article 33, and Article 34. With the inclusion of human rights and citizens’ rights in the 1945 Amendment, which the state promises to its inhabitants, it is appropriate to guarantee protection in its fulfillment. The amendment of the 1945 Constitution implies that the protection of human rights and citizens’ rights as constitutional rights can be carried out in several ways, namely: 1) implementing the principles of a democratic rule of law, 2) guaranteeing regulation through legislation, 3) implementing the obligation for everyone to respect for the human rights of others, and 4) the application of the principle of responsibility for human rights not only to the state - the government but also every individual.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Harisman Harisman
PY  - 2021
DA  - 2021/05/08
TI  - Protection of Human Rights in the Amendment of the 1945 Constitution of The Republic of Indonesia
BT  - Proceedings of the 1st International Conference on Law and Human Rights 2020 (ICLHR 2020)
PB  - Atlantis Press
SP  - 384
EP  - 389
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.210506.050
DO  - 10.2991/assehr.k.210506.050
ID  - Harisman2021
ER  -