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Furthermore, the concept of a democratic state based on the fundamentals of the people's will as stated in Article 1 paragraph (2) of the 1945 Constitution where the meaning of people's sovereignty is essentially for the creation of a space full of harmonization and the common good. Therefore, democracy must be related to the issue of representation of the will of the people. As a form of government that departs from the spirit of freedom of liberty , every policy-making should start from an equal dialogue , both vertically between fellow citizens and horizontally between citizens and the state. Only then can democracy exist.
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According to Hans Kelsen, one of the essences of democracy lies in the presence or absence of a compromise that unites differences of opinion to determine an order for the foundation of a state. [3]Furthermore, freedom of expression is basically inseparable from a public space in exchanging ideas and information media, this is related to the concept of public space, which is better known as the philosopher of the Frankfurt School, Jurgen Hubermas in 1962 through his monumental work The Structural Transformation of Public Sphere . According to Hubermas, public space is a medium where citizens can join and discuss matters of public concern for the common good. Public sector means a space that becomes a medium for exchanging ideas and dialogue where the public regulates and organizes itself free from the domination of the bourgeoisie and excessive interference (hegemony) of the state. The paradigm that is built provides a precedent for the term public opinion which then the public sphere basically discusses the authority of individuals or citizens as users and users of media who have autonomy which makes every citizen-regardless of different backgrounds-have the same freedom.
In a democratic political system, the resulting legal character is responsive and accommodating. The legal substance contained in the various existing laws and regulations respects and upholds human rights. So it is fitting that legal protection for freedom of expression as a human right becomes an absolute necessity. Every regulation must always be in accordance with the principles of freedom as the heart of democracy itself. Because without press freedom (and freedom of expression in general), there will be no democracy or only pseudo democracy (verkapte democratie, shadow democracy).[4]
Realizing the importance of freedom of expression as an element of democracy, prior to the ratification of the Universal of Human Rights in its first session. The United Nations General Assembly through its Resolution Number 59 has previously stated that "the right to information is a fundamental human right...the standard of all freedoms is declared 'sacred' by the United Nations". The Universal Declaration of Human Rights has outlined the common understanding of all people in the world regarding the inalienable or infringing rights that every human being has. The content of the Declaration is that the recognition of the natural dignity and the equal and inalienable rights of all members of the human family is the basis of freedom, justice and peace in the world. These rights include the right to life, the right to express opinions, the right to equality before the law, the right to a decent living, and so on. Furthermore, with regard to freedom of expression, there is an appropriate covenant, namely the International Covenant on Civil and Political Rights (ICCPR). The Covenant regulates essential democratic rights. Individual freedom to improve the quality of life, participation in politics and freedom of expression are clearly closely related to democracy.
Based on the explanation above, it illustrates how fundamentally the position of freedom of expression is day by day, there are many silences against those who voice the voice of truth and justice. Especially on journalists and journalists or from civil society circles so that this silence gives a negative value to the status of the state which is based on a law with the Pancasila ideology, all of which provide value for protection, justice for every citizen. Based on this, the writer wants to explore more deeply the essence of freedom of expression by raising the title, namely " mechanisms ". complaint _ Violation Freedom Of Expression ( FoE ) at K OMNAS HAM and the Press Council "
- Formulation of the problem
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- The formulation of the problem on this occasion is as follows:
- How is the essence of freedom of expression in positive and international law?
- How is the mechanism related to complaints on freedom of expression against the press and how is the mechanism for civil society complaints to KOMNAS HAM?
- Writing purpose
- In this case, the purpose of writing is to be able to provide output for the academic community, especially in knowledge about the essence of freedom of expression in positive and international law as well as mechanisms related to complaints on freedom of expression against the press and how the mechanism of civil society complaints to KOMNAS HAM.
- Research methods
Type research used _ in writing this is study law normative .[5] or study qualitative ( juridical normative ) with approach legislation ( statute approach ) Because what becomes unit of analysis in study this is how linkages application principle of freedom of expression in positive and international law as well as mechanisms related to complaints on freedom of expression against the press and how the mechanism for civil society complaints to KOMNAS HAM
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Furthermore, normative research as a literature study, basically serves to show the way to solve research problems, then in this legal research the author is carried out by researching library materials or secondary data. [6]Normative legal research can be used to explain, strengthen, test, or reject a theory from existing studies. then, analyze freedom of expression in positive and international law as well as mechanisms related to complaints on freedom of expression against the press and how the mechanism for civil society complaints to KOMNAS HAM
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