USE OF COMPUTERS IN GOVERNMENT

A. History and Development of Human Rights
Before discussing more about human rights in Indonesia, we first discuss a little history of the development and formulation of human rights in the World. The development of the recognition of human rights runs diverse. These developments can be traced as follows.

1. Human Rights in Greece

Greek philosophers, such as Socrates (470-399 BC) and Plato (428-348 BC) set the basis for licensing and guarantee the recognition of human rights. Its conception allows the community to exercise social control over unjust rulers and does not recognize the values ​​of justice and truth. Aristotle (348-322 BC) ordered the government to base its authority on the will and desire of its citizens.

2. Human Rights in the UK

Britain is often touted as the first country in the world to fight for human rights. The first milestone for the victory of human rights took place in England. The struggle is evident by the existence of various state documents that were successfully compiled and ratified. The documents are as follows:

a. Magna Charta

At the beginning of the century King John Lackland acted arbitrarily against the people and the nobles. The arbitrary actions of King John resulted in dissatisfaction from the nobles who finally succeeded in inviting King John to make an agreement called the Magna Charta or the Great Charter.

The Magna Charta was coined on 15 June 1215 whose basic principles contained restrictions on royal power and human rights more important than king's sovereignty. No independent citizen can be detained or confiscated of his property or exiled or in any way deprived of his rights, except based on legal considerations. The Magna Charta Charter indicates that victory has been achieved because certain rights whose principles have been recognized and guaranteed by the government. The charter is a symbol of the emergence of protection of human rights because it teaches that the law and the law are higher than the king's power.

The contents of the Magna Charta are as follows:

1) The king and his descendants promise to respect the independence, rights and freedoms of the Church of England.

2) The king promised the royal inhabitants who were free to give the following rights:

a) Security officers and tax collectors will respect the rights of the population.

b) Police or prosecutors cannot prosecute someone without valid evidence and witnesses.

c) A person who is not a slave will not be arrested, arrested, found guilty without state protection and without legal reasons as the basis for his actions.

d) If someone without legal protection has already been arrested, the king promised to correct his mistakes.

b. Petition of Rights

Basically, the Petition of Rights contains questions about the rights of the people and their guarantees. This petition was submitted by the nobles to the king before the parliament in 1628. Its contents generally demanded the following rights:

1) Special taxes and levies must be accompanied by approval.

2) Citizens may not be forced to accept soldiers in their homes.

3) The army must not use the law of war in a state of peace.

c. Hobeas Corpus Act

The Hobeas Corpus Act is a law governing the detention of a person made in 1679. The contents are as follows:

1. A person who is detained is immediately examined within 2 days of detention.

2. Reasons for the detention of a person must be accompanied by lawful evidence.

d. Bill of Rights

The Bill of Rights is a law that was passed in 1689 and was accepted by the British parliament, whose contents regulate:

1) Freedom in the election of MPs.

2) Freedom of speech and expression.

3) Taxes, laws and the formation of troops must remain with the permission of parliament.

4) The right of citizens to embrace religion according to their respective beliefs.

5) Parliament has the right to change the king's decision.

3. Human Rights in the United States

The philosopher John Locke's thought (1632-1704) which formulated natural rights, such as the rights to life, liberty and property, both inspired and became a guide for the American people when they rebelled against the British rulers in 1776. Thought John Locke concerning these basic rights is clearly seen in the United States Declaration of Independence known as DECLARATION OF INDEPENDENCE OF THE UNITED STATES.

The American Revolution with its Declaration of Independence dated July 4, 1776, a declaration of independence promulgated by acclamation by 13 states, is also a charter of human rights because it contains the statement "That in fact all nations were created equal by the Creator. That all humans are blessed by their Creator, the right to life, freedom, and freedom to enjoy happiness. "

John Locke describes the state of naturalist status, when humans already have basic rights individually. In conditions together, life is more advanced as it is called by the status of civilization, Locke argues that people who are citizens of their basic rights are protected by the state.

The Declaration of Independence in the United States places America as a country that provides protection and guarantees of human rights in its constitution, even though the French people have officially started since the Rousseau period. All of this for the services of President Thomas Jefferson, another president of the United States known as the "warrior" of human rights is Abraham Lincoln, then Woodrow Wilson and Jimmy Carter.

President Flanklin D. Roosevelt's message about the "four freedoms" that he spoke before the United States Congress on January 6, 1941, namely:

a. Freedom to speak and give birth to thoughts (freedom of speech and expression).

b. Freedom to choose religion in accordance with his beliefs and beliefs (freedom of religion).

c. Freedom from fear (freedom from fear).

d. Freedom from lack and hunger (freedom from want).

These freedoms were intended as the opposite of the cruelty and oppression against fascism under Hitler (German), Japanese, and Italian totalitarianism. These freedoms are also a right (freedom) for humanity to achieve lasting peace and freedom. Roosevelt's four freedoms are essentially the most basic and fundamental pillars of human rights.

Human Rights in France

The struggle for human rights in France was formulated in a text at the beginning of the French Revolution. The struggle was carried out against the arbitrariness of the old regime. The manuscript is known as DECLARATION DES DROITS DE L’HOMME ET DU CITOYEN which is a statement about the rights of people and citizens. This statement which was made in 1789 proclaims the right to freedom, equality, and brotherhood or solidarity (liberte, egalite, fraternite).

Lafayette was the forerunner of human rights enforcement of the French people who were in America when the American Revolution broke out and resulted in the formation of the Declaration des Droits de I'homme et du Citoyen. Then in 1791, all human rights were included entirely in the French constitution which was later added and expanded again in 1793 and 1848. Also in the constitutions of 1793 and 1795. This revolution was initiated by great thinkers such as: J.J. Rousseau, Voltaire and Montesquieu. The rights enshrined in the declaration include:

a. Humans are born free and remain free.

b. Humans have the same rights.

c. Free humans do things without harming others.

d. Citizens have the same rights and have a position and public works.

e. Humans must not be accused and arrested except according to the law.

f. Humans have freedom of religion and belief.

g. Free man spits out thoughts.

h. There is newspaper independence.

i. There is a united and closed independence.

j. There is freedom of association and assembly.

k. There is freedom to work, trade and carry out crafts.

l. The existence of domestic independence.

m. Independence of property rights.

n. Traffic sensitivity.

o. The right to life and make a living.

5. Human Rights by the United Nations

After the second world war, starting in 1946 the draft human rights charter was drafted by the United Nations Organization for Social Economic Cooperation consisting of 18 members. The United Nations established a commission of human rights. The trial began in January 1947 under the leadership of Mrs. Eleanor Rossevelt. Only 2 years later, on December 10, 1948, the UN General Assembly held at Chaillot Palace, Paris, welcomed the work of the committee. The work is in the form of the UNIVERSAL DECLARATION OF HUMAN RIGHTS or the World Statement on Human Rights, which consists of 30 articles. Of the 58 countries represented in the general assembly, 48 states stated their agreement, 8 countries abstained, and 2 other countries were absent. Therefore, every December 10 is celebrated as Human Rights Day.

The Universal Declaration of Human Rights, among others, states that everyone has the right:

a. Life.

b. Independence and security of the body.

c. Recognized his personality.

d. Getting the same recognition as other people according to the law to get a guarantee of law in a criminal case, such as a public hearing, is considered innocent unless there is valid evidence.

e. Entering and leaving a country's territory.

f. Get asylum.

g. Get a nationality.

h. Get ownership of objects.

i. Free to express thoughts and feelings.

j. Free to embrace religion.

k. Issuing opinions.

l. Gather and gather.

m. Get social security.

n. Got a job.

o. Trade.

p. Get an education.

q. Participate in cultural movements in society.

r. Enjoy the arts and participate in scientific progress.

The General Assembly proclaims the World Statement on Human Rights as a general measure of the results of business as a people and nation and calls on all members and all nations to advance and guarantee the recognition and obedience of the rights and freedoms included in the statement. Although it is not a treaty, all UN members are morally obliged to implement it.

6. Human Rights in Indonesia

Human Rights in Indonesia are sourced and lead to Pancasila. Which means that human rights have a strong guarantee from the nation's philosophy, namely Pancasila. The goal of Pancasila is that the implementation of human rights must pay attention to the lines that have been determined in the provisions of the Pancasila philosophy. For the Indonesian people, implementing human rights does not mean exercising freely, but must pay attention to the provisions contained in the outlook of life of the Indonesian nation, namely Pancasila. This is because basically there are no rights that can be implemented in a multi-case manner without regard to the rights of others.

Each right will be limited by the rights of others. If in exercising our rights, we do not pay attention to the rights of others, then what happens is a conflict of rights or interests in community, nation, and state life.

The Republic of Indonesia recognizes and upholds human rights and basic human freedoms as rights that are inherently inherent and not separate from humans that must be protected, respected and upheld for the sake of increasing human dignity, welfare, happiness, and intelligence and justice.

Various human rights instruments owned by the Republic of Indonesia, namely:

a. 1945 Constitution

b. MPR Decree Number XVII / MPR / 1998 concerning Human Rights

c. Law Number 39 of 1999 concerning Human Rights

In Indonesia, it can be concluded that human rights can be divided into the following:

1) Personal rights which include freedom of expression, freedom of religion and freedom of movement.

2) Economic rights (property rights) which includes the right to own something, the right to buy and sell and use it.

3) Political rights, namely the right to participate in government, the right to vote (elected and elected in elections) and the right to establish political parties.

4) Human rights to get equal treatment in law and government (rights of legal equality).

5) Social and cultural rights. For example the right to choose the education and the right to develop the culture.

6) Human rights to receive judicial procedures and protection (procedural rights). For example, codes in case of detention, arrest, search, and justice.

Concretely, for the first time Human Rights were outlined in the Human Rights Charter as an attachment to the Decree of the People's Consultation of the Republic of Indonesia Number XVII / MPR / 1998.

Share this post