Nature of freedom of Expression Press in the Indonesian Constitution

Nature of Freedom of Expression Press in the Indonesian Constitution

By

Sukma Wijaya Hasibuan

Law Student of UIN Syarif Hidayatullah Jakarta 

The adage says Vox populi vox dei that the voice of the people is the voice of God, one of the values contained in this principle is that the aspirations of the people are the fundamental basis in the nation and state. Sociologically, the concept of freedom of expression is a representation of human rights or human rights instruments, be it international human rights instruments as well as regionally. one destination tree from freedom of expression is for create room for exchange idea about ideas, arts, literature, academics, politics, religion, science and so on which are a reflection of the essence of the existence of each individual. [1]Rene Descartes, a philosopher from France, once said the term Cogitu Ergo Sum which means "I think, therefore I exist". The paradigm that is built that the power of the way of thinking will determine life, which also explains that we live, then the only thing that is certain in this world is one's own existence. This existence can be proven by the fact that he can think for himself.

 

Humans are social creatures or zoon politicon as emphasized by the philosopher Aristotle that humans are in principle as creatures who want to get along in society. As social beings, the instrument in developing the potential of each individual's freedom of expression is very fundamental. This is because humans will have mutual interests or interests that must be protected, as the adage says, ubi societas ibilus , where there is a community, there is law. This postulate contains the depth of meaning that the law lives from, by and for the community.[2] 

 

So that a democratic country based on the fundamentals of the will of the people as stated in article 1 paragraph (2) of the 1945 Constitution where the meaning of people's sovereignty is essentially for the sake of creating a space full of harmonization and mutual benefit.

 

While philosophically the principles of Human Rights can be divided into two namely Derogable Rights or human rights which 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 a state of war, armed conflict, and/or an emergency. [3]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 .[4]