Mechanism Complaint Violation Freedom of Expression ( FoE ) at Komnas HAM and The Press Council (Indonesian State Study)

 

• Discussion
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• Essence of Freedom of Expression in Positive and International Law

 

Philosophically, the principles of human rights can be divided into two, namely derogable rights or human rights that can be reduced or limited by the state in certain circumstances and non-derogable rights are human rights that cannot be reduced under any circumstances, including in state of war, armed conflict, and/or emergency. [7]The position of the right to freedom of expression or freedom of thought is part of the right to freedom of mind and heart as stipulated in Article 28I Paragraph (1) of the 1945 Constitution which places the right to freedom of thought and conscience as part of human rights that cannot be reduced to non-derogables. rights .[8]

 

Juridically, that the principle of freedom of expression is affirmed as stated in article 28 and Article 28E paragraph (3) of the 1945 Constitution of the Republic of Indonesia ( UUDNRI 1945), which states " everyone has the right to on freedom associate , gather and issue opinion " . [9]Then it is also regulated in 14 Decrees of the People's Consultative Assembly of the Republic of Indonesia Number XVII/Mpr/1998 concerning Human Rights that everyone has the right to freedom to express thoughts and attitudes according to conscience.[10]  

 

Furthermore, it is further regulated specifically through Article 1 paragraph (1) of Law Number 39 of 1999 concerning Human Rights that Human Rights are a set of rights inherent in the nature and existence of humans as creatures of God Almighty and are His gifts. which must be respected, upheld and protected by the state, law, government and everyone for the sake of honor and protection of human dignity. In addition, in Article 1 of the Universal Declaration of Rights, basic Humanity (UDHR) states " everyone is born " independent and have equal dignity and rights . _ They blessed mind and heart conscience and should get along one each other in brotherhood ".[11] 

 

Next universality freedom expression set in Article 19 Universal Declaration of Rights basic Human Rights (UDHR), which states , " Everyone has the right " on freedom have and issue opinion ; in Thing this including freedom adhere to opinion without get distraction , and for seek , receive and convey information and opinions with method anything and with no looking at boundaries s.[12] Right on freedom express and think is right for express by free beliefs and opinions through words ( in oral ), written , printed , pictures and methods certain .[13] 

 

Departing from the discussion holistically and comprehensively, freedom of expression is an inseparable unit in social life so that it becomes a fundamental attribute in human rights, because every individual can express his thoughts and opinions according to his conscience and the right to obtain information is a right. very essential human rights, which are needed to uphold justice and truth, promote public welfare, and educate the life of the nation. [14]So the state must guarantee the basic principles in the nation and state. It is also expressly ratified through Resolution Assembly UN General 48/121 on The Vienna Declaration states :