After attending today's lecture, please fill in the discussion forum by answering the questions:
1. Human rights are basic rights that every person has simply because they are human. According to John Locke, these rights include life, liberty, and property, and must be protected by the government. In Indonesia, Law No. 39 of 1999 defines human rights as inherent rights given by God that must be respected and protected by the state and society.
2. Human rights have existed since ancient times, seen in documents like the Code of Hammurabi and the Magna Carta. During the Enlightenment, thinkers like Rousseau and Locke promoted the idea of natural rights. In the modern era, the American Declaration of Independence (1776) and the French Declaration of the Rights of Man (1789) laid the foundation for human rights. After World War II, the United Nations adopted the UDHR in 1948 to protect human dignity globally. Over time, many countries and regions created laws and institutions to uphold these rights, such as the European Convention on Human Rights and the International Criminal Court.
3. In Indonesia, the struggle for human rights began during the colonial period when the people had no freedom under Dutch rule. After independence in 1945, the Constitution acknowledged basic human rights, but during Sukarno’s and later Suharto’s regimes, political rights were often suppressed. The fall of Suharto in 1998 marked a new era. The government passed human rights laws and amended the Constitution to include stronger protections. Institutions like Komnas HAM were empowered. However, challenges such as freedom of expression, minority rights, and issues in Papua remain ongoing concerns.
Answer :
1. For me, human rights are like the basic things every person should get, just because they’re human. Experts like John Locke called them “natural rights” – things like the right to live, be free, and be safe. Even the law, like the UN rules, says no one should be treated badly or unfairly.
2. Human rights didn’t just pop up one day. A long time ago, leaders like Cyrus the Great already gave freedom to people. Then there were big moments like the Magna Carta in 1215 and the US Bill of Rights in 1791. But after World War II, the world really started to care more. In 1948, the UN made the Universal Declaration of Human Rights, and that was a big deal.
3. In Indonesia, we already had some basic rights in our 1945 Constitution. But human rights became a real focus after 1998, when Soeharto stepped down. That’s when reforms started and Komnas HAM (our human rights commission) got stronger. Since then, we’ve tried to protect people’s rights more seriously.
Name : Catherine Angellita Lase
NPM : 2412011147
Subject : Constitutional Law (IC)
1. Definition of human rights according to experts and laws !
according to law from Article 1, paragraph 1 of Law No. 39 of 1999 on Human Rights defines human rights as:
"A set of rights inherent to the nature and existence of humans as creatures of God Almighty, which are His gift and must be respected, upheld, and protected by the state, law, government, and every individual for the sake of honor and the protection of human dignity."
according to Mahfud MD as an expert in law, he defines "human rights as rights inherent to human dignity as God’s creation, brought into the world at birth and thus intrinsic in nature."
according to John Locke, he defines human rights as "Human beings since birth have had freedom and fundamental rights. These rights are life, liberty, and property. This right is a right that humans have naturally, inherent at the time of their birth, and human rights cannot be interfered with by anyone, and cannot be obtained or revoked by the state, except with the consent of the owner".
2.History of Human Rights
Human rights became a global commitment with the adoption of the Universal Declaration of Human Rights (UDHR) in 1948. They gained legal form through the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) in 1966.
First Generation (Civil and Political Rights): The UDHR, signed by the United Nations in 1948, was preceded by historical documents such as the Magna Carta and Bill of Rights in England, the Declaration of Independence in the United States, and the Declaration of the Rights of Man and of the Citizen in France. These represent the concept of "freedom."
Second Generation (Economic and Social Rights: The ICCPR and ICESCR (1966) expanded human rights to include efforts to ensure economic, social, and cultural progress, such as the right to education, political status, and access to scientific advancements. These represent the concept of "equality."
Third Generation (Development Rights) : These encompass equal opportunities for progress for all nations and individuals, including the right to participate in and benefit from economic, social, cultural, educational, health, income distribution, and employment opportunities. These represent the concept of "fraternity."
3. History of human rights and development in Indonesia : The history of human rights began when Indonesian citizens experienced oppression during the Dutch colonial period. After the country declared its independence on August 17, 1945, human rights started to be recognized in the state's laws. This was based on the 1945 Constitution and the five principles of the state, which include respect for human rights.
During the Soekarno administration, human rights were part of the ideology of Indonesian nationalism and socialism. Under Soeharto, human rights violations became more common as the country entered a new era. The government and security forces often ignored human rights. People's freedom of expression, association, and opinion were severely restricted. This resulted in many cases of gross human rights violations occurring without adequate legal resolution.
In 1998, Soeharto stepped down, and this event marked a change in how human rights were enforced in Indonesia.
In 1993, the National Commission on Human Rights (KOMNAS HAM) was created by Presidential Decree No. 50 of 1993. This was later made stronger by Law No. 39 of 1999 on Human Rights.
By approving different international treaties related to human rights, Indonesia is showing its commitment to protecting human rights around the world.The 1945 Constitution, especially the addition of articles 28A to 28J, clearly defines various basic rights of citizens. These rights include the right to life, freedom of religion, the right to education, the right to employment, and the right to freedom of association. Today, there are still several cases of human rights violations. But KOMNAS HAM helps to solve this problem.
Here are some of the things KOMNAS HAM does:
1. Spread the word about human rights at home and around the world.(human rights awareness)
2. Study the UN's human rights documents.
3. Track and examine how human rights are put into practice. Give your thoughts, ideas, and suggestions on the matter.
4. Work together with other countries to support and protect human rights.
1. Human rights are defined as fundamental rights inherent to every human being, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. According to Article 1 of the Universal Declaration of Human Rights (UDHR), "All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood"
According to John Locke, human rights are natural rights inherent to individuals by virtue of their humanity, existing independently of any government or society. Locke famously identified three fundamental natural rights: the right to life, liberty, and property. These rights are grounded in natural law, which Locke believed originated from God, and they serve as the basis for legitimate government authority
2. The history and development of human rights is a long journey reflecting humanity’s growing commitment to justice and dignity. Early foundations appeared in ancient civilizations, such as the Cyrus Cylinder and the Babylonian Code of Hammurabi, alongside religious teachings emphasizing compassion and fairness.
During the medieval era, documents like the Magna Carta limited absolute power and guaranteed legal protections. The Enlightenment further shaped human rights through thinkers like John Locke, inspiring landmark declarations such as the American Declaration of Independence (1776) and the French Declaration of the Rights of Man and Citizen (1789), which enshrined liberty and equality.
The 19th and early 20th centuries saw important advances, including the abolition of slavery, humanitarian laws like the Geneva Conventions, and women’s suffrage. However, the horrors of World War II spurred a global commitment to human rights, leading to the founding of the United Nations and the adoption of the Universal Declaration of Human Rights in 1948.
Since then, international treaties, regional systems, and organizations like Amnesty International have strengthened protections. Today, human rights continue to evolve, addressing new challenges while upholding the universal principles of dignity, equality, and justice for all.
3. Upon declaring independence in 1945, Indonesia enshrined human rights principles in its constitution and Pancasila ideology, emphasizing just and civilized humanity and social justice for all Indonesians. However, during the authoritarian New Order regime (1967–1998), human rights protections were often suppressed despite Indonesia’s ratification of international treaties.
Since the Reformasi era beginning in 1998, Indonesia has made significant strides in strengthening human rights protections through legal reforms, establishment of human rights institutions, and greater adherence to international human rights norms. Nonetheless, challenges remain in fully realizing these rights across the archipelago
1. Human rights are fundamental rights inherent to human beings. According to experts, human rights are defined as:
"Rights possessed by every human being without distinction of race, religion, sex, or social status" (Donnelly, 2013)
"Rights inherent to human beings as living beings with dignity and worth" (Shaw, 2008).
According to the Indonesia Law No. 39 of 1999 on Human Rights, human rights are defined as a set of rights inherent in the nature and existence of human beings as creatures of God Almighty, which must be respected, upheld, and protected by the state, law, goverment, and every person for the sake of honour and protection of human dignity.
In International Law, human rights are defined Fundamentak rights possessed by every human being without distinction of race, religion, sex, or social status (UDHR, 1948)
2. The history of human rights :
• Ancient Foundation :Early roots of human rights come from ancient values such as Hammurabi's Code, religious teaching, and traditional principles of justice.
• Magna Carta (1215) : A document that limited the power of the king and protected individual rights in England
• Enlightenment Era (1600s-1700s) : A period when philosopers like John Locke and Rousseau introduced ideas of freedom, individual rights, and equality.
• America Declaration of Independence (1776) : Declered the right to life, liberty, and the pursuit happiness.
• Declaration of the Rights of Man and of the Citizen (1789) : A document resulting from the French Revolution that affirmed individual rights and equality
• Universal Declaration of Human Rights (1948) : A document resulting from the UN that affirmed fundamental human rights universally
3. The history of human rights in Indonesia began with:
• Struggle for independence : Indonesia's struggle for independence led by Sukarno and Hatta that affirmed fundamental human rights
• 1945 Constitution : The constitution that affirmed fundamental human rights and equality
• Law No. 39 of 1999 on Human Rights : A law that affirmed fundamental human rights and obligated the state to protect them
The development of human rights in Indonesia was influenced by:
• Reform movement : The reform movement that advocated for fundamental human rights and democracy
• National Human Rights Commission (Komnas HAM) : An institution that played a role in promoting and protecting human rights in Indonesia
• Development of national law : The development of national law that affirmed fundamental human rights and obligated the state to protect them
Name : Najmadina Febby Alifia
NPM : 2452011190
1. What Are Human Rights?
A. According to Experts:
Jack Donnelly
Human rights are the rights that everyone has just because they are human. These rights are the same for all people and cannot be taken away.
Harold Laski
Human rights are important for people to live a good life and be themselves in society.
John Locke
People are born with natural rights—life, freedom, and property—which cannot be given up or taken away.
B. According to Laws and Declarations:
Universal Declaration of Human Rights (UDHR), 1948
Human rights are the basic freedoms and protections that everyone has from birth, no matter their race, gender, nationality, religion, or background.
International Treaties (ICCPR and ICESCR)
These two agreements explain different types of human rights:
ICCPR focuses on civil and political rights (like freedom of speech and voting).
ICESCR focuses on economic, social, and cultural rights (like the right to education and health).
2. The History of Human Rights Around the World
Early History:
Cyrus Cylinder (539 BC)
An early record of human rights, written by King Cyrus of Persia.
Magna Carta (1215, England)
A document that limited the king's power and gave some rights to nobles.
Renaissance and Enlightenment (1600s–1700s)
Thinkers like John Locke and Rousseau talked about natural rights and personal freedom.
Modern Times:
American Declaration of Independence (1776)
Said that everyone has the right to “life, liberty, and the pursuit of happiness.”
French Declaration of the Rights of Man (1789)
Declared that people have rights like freedom, property, and protection from injustice.
After World War II
The United Nations created the UDHR (1948) to make sure such human rights abuses would never happen again.
Ongoing Development:
More international agreements were made (e.g., CRC for children’s rights, CEDAW for women’s rights).
Human rights organizations and courts were created (e.g., UN Human Rights Council, ICC).
3. The History of Human Rights in Indonesia
Before Independence:
During Dutch colonial rule, Indonesians faced many problems such as forced labor, violence, and no freedom.
In the early 1900s, national movements started to fight for independence and basic rights.
After Independence:
Independence (1945)
Indonesia declared itself free and sovereign.
The 1945 Constitution (UUD 1945)
Protects human rights, especially in Article 28 and later updates.
The New Order Era (1966–1998):
Under President Suharto, many human rights were taken away.
People were not allowed to freely speak or protest.
Many were jailed or killed, especially during the 1965–66 anti-communist campaign.
The Reform Era (After 1998):
After Suharto stepped down, Indonesia began reforms to protect human rights.
Komnas HAM, the national human rights commission, was formed in 1993.
Indonesia joined international human rights treaties.
More freedom was given to the press, civil groups, and courts.
Current Issues:
Human rights are improving, but some problems still exist:
Discrimination against minority groups (e.g., religious or LGBTQ+ people).
Conflicts over land rights.
Lack of justice for violence by police or military forces
1. Experts agree that human rights are inherent rights derived from human nature, granted at birth as a divine gift, and cannot be revoked. Walhoff, Kuntjoro Purbopranoto, and Mahfud MD emphasize that these rights are natural, sacred, and inseparable from human dignity. Marbangun Hardjowirogo and Muladi add that they encompass economic, social, cultural, civil, and political rights, enabling humans to live freely and develop fully. Similarly, Soetandyo Wignjosoebroto and Jan Materson (via Baharudin Lopa) highlight that human rights are inherent to all humans as moral beings, serving as protection against oppression and essential for a dignified life.
Furthermore, according to Law No. 39/1999 explaining human rights, it states that human rights are a set of rights inherent in humans as creatures of God Almighty. Human rights are also universal and natural, meaning that these rights have existed since humans were born and apply to all people regardless of ethnicity, religion, race, or skin color. This law also emphasizes that human rights must be protected and respected by the state and society. These rights guarantee humans a decent life, free from oppression, deprivation and inhumane treatment.
2. The concept of human rights has evolved over centuries, beginning with early documents that challenged absolute power. The Magna Carta (1215) in England limited the king's authority, while the Bill of Rights (1689) ensured parliamentary approval for laws. In the 18th century, the American Declaration of Independence (1776) and the French Declaration of the Rights of Man and the Citizen (1789) emphasized individual freedoms, laying the groundwork for modern human rights.
The Universal Declaration of Human Rights (UDHR, 1948) marked a global commitment, establishing universal principles. This was later reinforced by two key treaties: the International Covenant on Civil and Political Rights (ICCPR, 1966) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR, 1966), which defined first-generation (civil/political) and second-generation (economic/social) rights. By the 1980s, third-generation rights emerged, focusing on collective rights like development, peace, and environmental protection, as seen in the 1986 Declaration on the Right to Development. Thus, human rights have expanded from individual liberties to broader societal and global protections, reflecting changing needs and values.
3. The history of human rights in Indonesia has unique dynamics, beginning from the pre-independence era to the reform period. During Dutch colonial rule, human rights were not formally recognized, but the national heroes’ struggle reflected anti-oppression values aligned with human rights principles. After independence in 1945, Pancasila and the 1945 Constitution became the philosophical and constitutional basis for human rights, though still implicitly regulated. Under President Soekarno’s Old Order, the focus was on national development and political stability, with human rights issues not prioritized. This continued in President Soeharto’s New Order, where economic growth was emphasized, but civil and political rights like freedom of opinion and association were often neglected.
A major turning point came in 1998 when the reformasi movement toppled Soeharto, opening a new era of democracy and human rights respect. Amendments to the 1945 Constitution from 1999 to 2002 explicitly guaranteed human rights, including legal protection, education, and health rights. Law No. 39/1999 on Human Rights and the establishment of Komnas HAM strengthened Indonesia’s legal and institutional human rights framework. Yet challenges persist, such as unresolved past human rights violations, press freedom restrictions, and discrimination against minorities.
Recent progress shows Indonesia’s commitment through ratifying international instruments like the ICCPR and ICESCR. However, practical implementation still needs improvement to ensure human rights are equally experienced by all Indonesians. In summary, Indonesia’s human rights journey has made significant advances but still faces much work to achieve ideal protection.
1. Human Rights (HAM) are fundamental rights inherent to every person from birth, granted by God rather than by any government, authority, or other individual. These rights are universal and cannot be denied based on ethnicity, religion, race, place of residence, or physical appearance. They must be protected, respected, and cannot be ignored, reduced, or taken away by anyone, including those in power, because they are sacred, inalienable rights. The recognition of human rights provides both moral and legal assurance that every person is free from slavery, oppression, deprivation, abuse, or any treatment that prevents them from living with dignity. Without these rights, a person cannot live as a whole human being. Therefore, any violation of human rights is not only an affront to human dignity but also a dishonor to the Creator.
2. The history of human rights can be explained in three generations. Each generation shows the development of different types of rights over time.
First Generation: These are civil and political rights. They focus on freedom and protecting people from abuse by the government. These rights started from ideas during the Enlightenment in Europe and were written in important documents like the Magna Charta in England, the Declaration of Independence in the USA, and the Declaration of the Rights of Man in France. The most important moment was when the Universal Declaration of Human Rights was signed by the United Nations in 1948. These rights include freedom of speech, religion, and the right to vote.
Second Generation: These are economic, social, and cultural rights. They focus on equality and the basic needs of people. This includes the right to education, health care, food, and a decent standard of living. These rights need the government to take action and help people. In 1966, the International Covenant on Economic, Social and Cultural Rights was signed to protect these rights.
Third Generation: These are collective or group rights. They focus on global issues like the right to development, peace, a clean environment, and cultural heritage. These rights came from the demands of developing countries for fairness in the international system. They show the need for cooperation between countries to protect all people and the planet.
3. The history and development of human rights in Indonesia show a long and complex journey shaped by cultural, political, and legal changes. During the Dutch colonial era, human rights were not recognized, and individual freedoms were very limited. After Indonesia gained independence in 1945, human rights principles were included in the Constitution, providing a legal basis for their protection. A major shift occurred during the Reform Era after the fall of Suharto in 1998, when the government launched the National Human Rights Action Plan (NHRAP) to promote human rights in national policies. However, even with existing laws, many human rights violations still occur, such as restrictions on freedom and weak enforcement systems. Educational programs have been introduced to raise public awareness of human rights, but there are still obstacles in fully integrating them into the national education system. Although progress has been made in recognizing human rights, continuous efforts from the government and civil society are needed to improve enforcement and build a strong culture of human rights in Indonesia.