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Government Optimally Upholding Human Rights in Indonesia

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By: Aulia Hawa )*

The Indonesian government guarantees that every citizen has their rights fulfilled so that no human rights are violated. The government’s commitment has been stated in the fifth generation of the National Action Plan for Human Rights (RANHAM) for 2020-2024.

The Indonesian government guarantees the welfare of its citizens and it is stated in the law. In addition to welfare, the human rights of every Indonesian citizen are also guaranteed by the government. When there is a violation, they can report it to Komnas HAM or other institutions, and they will receive good treatment and promise to investigate the human rights case.

In Law number 39 of 1999 it is stated that human rights are 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 society. everyone for the sake of respect and protection of human dignity.

The Indonesian government upholds the human rights of every Indonesian citizen because it is their right. There is no such thing as coercion of will by both high and low officials. Apart from violating human rights, it also violates democracy. The people need not be afraid because the government guarantees justice in all fields, including human rights.

There is some evidence that the government upholds human rights. First, there is Komnas HAM which was formed in 1993. In fact, this institution has a legal umbrella, namely Presidential Decree No. 13 of 1993. The duties of Komnas HAM are monitoring, research, and monitoring of human rights. In addition, Komnas HAM also has the right to be a mediator when there are 2 people who are in conflict and feel that their human rights have been violated.

If people feel that their human rights have been violated, they can complain directly to Komnas HAM. There Komnas will examine the case and then take action. It can be through mediation so that it ends peacefully (because there may be misunderstandings). But it can also be accompanied by assistance to the authorities because the case is considered difficult and requires attention from the authorities.

Second, there are human rights instruments, namely laws and regulations and human rights enforcement agencies, such as the National Human Rights Commission and the Human Rights Court. Human rights instruments are tools to ensure the process of protecting and upholding human rights. If there are human rights instruments, it means that the government guarantees the enforcement of human rights, because the legal umbrella is very important as a protection for all Indonesian citizens.

The third is the existence of a human rights court. This court was only established in 2000, but it is very important in upholding human rights. So that if there are cases of human rights violations, they are handled not in the district court but in the human rights court. The judges also enforce the law as fairly as possible, so that those who are affected by their human rights will be helped.

Human rights courts are very important because human rights cases can be different from civil or criminal cases. When there is a case involving human rights, it cannot be resolved by arguing or using violence, but directly to the courts. There the judge will decide who is right and who actually violates the rights of others.

When the government seeks to ensure that all Indonesian citizens get their rights to protect their human rights, then as good citizens, we must also respect the rights of others. Do not even arbitrarily violate human rights because it ignites emotions, because it can be fatal.

The government protects the human rights of all Indonesian citizens because it is their basic right as human beings. Protection efforts are proven by the existence of a human rights court, Komnas HAM, and human rights instruments. As good citizens, we must not violate the human rights of others.

)* The author is a contributor to Pertiwi institute

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