Nature of freedom of Expression Press in the Indonesian Constitution

 

Juridically, the principle of freedom of expression is emphasized as contained 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 , assemble and issue opinion " . [5]Then it is also regulated in 14 Decree 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 of expression of thoughts and attitudes according to conscience.[6]  

 

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 ".[7] 

 

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.[8] Right on freedom express and think is right for express in a manner free beliefs and opinions through words ( in oral ), written , printed , pictures and methods certain .[9] 

 

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. [10]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: 

 

(a) " all countries have obligation To do universal respect for, and obedience as well as protection against, all right basic man and freedom fundamental for all in accordance with Charter union Nations, instrument other related with right basic people and law international . Universal nature of rights and freedoms this is sure; (b) Community International Public must treat right basic man globally with fair and equal way, with equal footing, and with the same emphasis.