Thursday, June 20, 2013




  1.1 Background

            Rights is a normative element inherent in every human being
the application is in the scope of the right of equality and the right to freedom
related to the interaction between the individual or the institution. 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 more attention in the 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 abuses against others in the business acquisition or fulfillment in ourselves.
So by this author took the title "Human Rights".
  1.2 Identification of Problems
In this paper the authors identified the following problems:
1. Definition of Human Rights
2. Human Rights Developments
3. Human Rights in Islam review
4. Examples of human rights violations
1. Limitations
            So that the problem is not too extensive discussion and more focused on the problem
and its purpose in this paper, then by this author
limiting the scope of the problem only on human rights.



2.1 Definition, Purpose, and Basic Characteristics of Human Nature

2.1.1 Definition of Human Rights

    Human rights are the basic rights that human beings have, according to their nature (Kaelan: 2002).
    January Materson opinion (of the UN Human Rights Commission), in the Teaching of Human Rights, United Nations, as quoted by Baharuddin Lopa insists that human rights are rights inherent to every human being, without which men can live as human beings impossible.
    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 the state , law, government and every person, for the respect and protection of human dignity ".

2.1.2 Main Characteristics of Human Nature
Under some formulations of human rights above, 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 4 generations, namely:
1. The first generation of human rights argue that the thought of just centered in the field of law and politics. The focus of the first generation of human rights thinking in the field of law and politics and the situation caused by the impact of World War II, totalitarianism and the desire of countries newly independent legal order to create something new. [1]
2. The second generation of human rights ideas are not only demanding the rights 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. At the time of the second generation, less legal right to be stressed that there is an imbalance with the socio-cultural rights, economic rights and political rights.
3. The third generation of human rights thinking in reaction to the second generation. 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 practice the ideas of the third generation of human rights is also 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 who criticize the state's dominant role in the development process that focuses on economic development and the negative impact such waiver aspect of people's welfare. Besides development program that is run not by the needs of the people as a whole but rather to 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 which is called the Declaration of the Basic Duties of Asian People and Government
2.1.4 The purpose of human rights
            HAM is very simple goal 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  therein. [2]
            In the historical perspective, the efforts on the mind, study and pouring the conceptualization along and struggle to recognize and uphold the true human existence much earlier had there before pouring formally in deglarasi it has appeared in the midst of human society, both in the west and the east, although it still is local and partial.
The development of human thought in the world stems from:

    Magna Charta

                        In general, the experts in Europe believe that the birth of human rights in Europe began with the birth magna Charta, which contains the view that the king had had absolute power (the king who created the law, but he himself is not bound by the laws he made), a limited power and begin to be held accountable before the law (Mansour Effendi, 1994).

    The American declaration

                        Further human development is characterized by the emergence of the American Declaration of Independence were born to understand Rousseau danMontesquuieu. Begin affirmed that man is free from his mother in the stomach, so it is not logical that after birth should be shackled.

    The French declaration

            Subsequently, in 1789 was born The French Declaration (Declaration France), where provisions are specified rights as stated in the Rule of Law which, among others, reads there should be no arrests without a legitimate reason. In that regard applies prinsippresumption of innocent, it means the people who were arrested, then detained and accused, the right to found not guilty, until there is a decision which is final and binding court stating he was guilty.

    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 the need for religion, 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 includes 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 thought in Indonesia
            Human thinking pre-independence period was most notable at Indische Partij is right to independence and the right to equal treatment independence.
            Development of human rights in Indonesia for now this is enough only area Sleman Yogyakarta, Sri Sultan HB X with the employers and the government to provide assistance to all in need and the community Yogja afflicted Mount Refugees each get a share of Rp 5 thousand per day.
            For residents whose homes were damaged, will get a share until the house was completed. Sultan said shelter construction funds derived from joint employers. While the government helped  water and electricity facilities. Regarding livelihood, while the Sultan appealed to citizens to cut down bamboo trees. [3]
             Since independence in 1945 until now in Indonesia has 3 Constitution applies in 4 periods, namely:
1) Period from August 18, 1945 until December 27, 1949, valid 1945
2) The period of December 27, 1949 until August 17, 1950, the Constitution of the Republic of Indonesia applicable United
3) Period from August 17 until July 5, 1959, enacted the 1950 Constitution
4) 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 the human being is a demand
doctrine itself that must be carried out by his people in his neighbor
without exception. The rights given by God it is permanent, eternal and
eternal, should not be altered or modified (Abu A'la Almaududi, 1998). In
Islam there are two concepts of rights, namely the right man (insan al rights) and rights
God. Any rights that underpin each other mutually. God underlies human rights
and also vice versa. In its application, none of the rights that regardless of
second right, such as prayer.
            While in the case of al beings as property rights, every human being has the right to manage its assets. [4]
            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
masyarakjat individuals and as citizens or citizens of the nation. Thus
Islamic concept of human rights based on the teachings of monotheism. The concept of monotheism containing
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 p idea. Islam came inherently carry
the doctrine of human rights, Islamic teachings about human rights can be found in the main source
the teachings of Islam, al-Qur'an and al-Hadith are a source of normative doctrine,
There are also practical life of Muslims.
            Judging from the level, there are three forms of human rights in Islam, first, Darury Rights (basic rights). Things considered basic rights if those rights are violated, not only makes people miserable, 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) ie when rights are not met will result
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 to lower the 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 human rights first and foremost citizens are:

    Protect life, property and dignity they together - with the assurance that it is not our right to interfere, except with legitimate reasons and illegal.
    Protection of personal freedom. Personal liberty is inviolable than following a legally convincing evidence and provide an opportunity for the accused to present a defense.
    Independence of expression and faith adheres respectively
    Guarantee the fulfillment of basic needs for all citizens without distinction of caste or creed. One of the obligations of zakat to Muslims, one of them to meet the basic needs of citizens.

2.4 Human Rights in National Legislation
            In RI legislation there are at least a written legal form
which contains rules about human rights. First, the Constitution (Constitution). Second,
Under the provisions of 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 because of the changes and or removal of a clause in the constitution
as in administration in Indonesia experienced a very heavy process and
Long, among others, through amendments and referendum, while weakness
as set out in the constitution still contains only global rules as constitutional provisions on human rights in Indonesia are still global. While
that when human rights arrangements in the form of the Act and its implementing regulations weakness, the possibility of frequent changes.
2.5 Violations of Human Rights and the Human Rights Court
            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 human 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
HAM light apart from the two forms of the gross human rights violations.
            Crime of genocide is any act committed with the intent
to destroy or obliterate all or part of a national group,
racial, ethnic and religious groups. 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 act
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, enforced prostitution
or other forms of sexual violence are equal, the persecution of a
certain groups or associations based on common 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.
            Human rights violations 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.
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 the
general court environment.
2.6 Person in charge of the enforcement (respection), advancement (promotion), protection (protection) and compliance (fulfill) HAM.
            Responsibility of the promotion, respect and protection of human rights not only
burden to the state, but also to the individual citizen. That is to say
nations and individuals alike have a responsibility to promote,
respect for 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 of human rights violations are at the beginning of February 2003 had become international attention when it releases to arrest General (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 recommended time trial in Timor Leste. Release issued by the SCU surprising Indonesian society. It was due to the violation of human rights court case is still ongoing Teams court of human rights in the Central Jakarta District Court. [5]
Case Examples of Human Rights Violations:
a. Occurrence of maltreatment in the civil STPDN by senior coaching under the pretext that left Clips Muntu in 2003.
b. Lecturers who are lazy to go to class or lazy to explain to a student is subject to minor violations to every student.
c. The merchants who sell on the sidewalk is a violation of human rights of the pedestrians, thereby causing the pedestrians to walk in the street
making it very vulnerable to an accident.
d. Tradisioanal traders who trade on the side of the road is a minor human rights violations against road users so that road users can not enjoy the
orderly flow of vehicles and smoothly.
e. Parents who impose his will that his son go to a certain college majors are human rights violations against children, so
a child can not choose majors that match their interests and talents.



3.1 Conclusion

            Human rights are the basic rights possessed by man according to his work. Each individual has a desire to have their 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 other people. In Islam, Islam had already been noticed human rights. 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, is also present in the daily life of Muslims.
In the state of life is regulated and protected by human rights legislation - 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 taking judicial process through legal procedural rights as contained in the Human Rights Court Law.
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 human rights of others lest we commit human rights violations. And do not get us anyway violated human rights and trampled underfoot by others. So in keeping human rights we must be able to harmonize and balance between our human rights with human rights of others.

[1] In general, the description of this see for example in: Moh Yasir Alimi. Et al. , 1999. Advocating Women's Rights, Defending Realizing Rights Amendment case. Yogjakarata: LKIS thing. 24.
[2] The purpose of human rights are universal and always "the case" is important in the midst of public life today. Its presence is always associated with the performance of institutions and policy makers. Such as the performance of the executive, legislative and judicial branches and even other institutions. Also by policy-making institutions both at the central and local level.
[3] The purpose of the State is to realize the security and order and prosperity for its people. It was inscribed in 1945 opening paragraph 4.
[4] For a review of human rights in Islam, see for example in: Mufti Ahmad and Muhammad Sami Saleh Alwakil.2005. Human Rights in the west and Islam (translation). New York: Library Thariqul Izzah. The book examines the general comparison between the two concepts of human rights, especially of the dimension of Islam, delivered by the verses of the Quran.
[5] In the law no.39 of 1999 on Human Rights AASI with various rules of procedure.

Sumaryo S. 2001 Conflict completion procedures in the Framework of Human Rights Violations. Papers. Jakarta: Center for Attorney General.

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