Core Competencies3 . Understand , apply , analyze factual knowledge , conceptual , procedural, based on his curiosity about science , technology , arts , culture , and humanities with an insight into humanity , national , state , and civilization -related phenomena and events , as well as applying procedural knowledge in the field of study accordance with the specific talents and interests to solve problemsBasic Competency3.1 Analyze the development of cases and the promotion of human rights protection in accordance with the concepts and principles of Pancasila in the life of society , nation and state
A. human Rights Violations
Examples of cases of human rights violations that have occurred in Indonesia , among others :
1 . The case of Tanjung Priok (1984 )Tanjung Priok case occurred in 1984 between the forces of local people who came from racial issues and political elements . In
the event of human rights violations allegedly occurred where there are
hundreds of victims died from violence and shootings .
2 . Marsinah murder case , a female employee of PT Catur Putera Surya Porong , East Java (1994 )Marsinah is one of the victims of the activities of workers and workers' rights in PT Catur Putera Surya , Porong East Java . He died in tragic and alleged victims of human rights violations such as abduction , torture and murder .
3 . Udin journalist murder case of general daily pithy (1996 )Journalists
Udin ( Fuad Muhammad Syafruddin ) is a journalist from Bernas allegedly
kidnapped , tortured by unknown people and eventually found dead .
4 . Events Aceh (1990 )Events
that occurred in Aceh since 1990 has been a lot of casualties , both
from the authorities as well as innocent civilians . Aceh incident allegedly triggered by political elements where there are certain parties who want an independent Aceh .
5 . The kidnapping of political activists (1998 )There
has been an incident of enforced disappearance ( kidnapping ) against
the activists who according to records there are 23 people Contrast ( 1
died , 9 were released , and 13 others are still missing ) .
6 . Trisakti and Semanggi incident (1998 )Trisakti tragedy occurred on May 12, 1998 ( 4 students died and dozens more were injured ) . Semanggi
I tragedy occurred on 11 to 13 November 1998 (the 17 civilians died )
and Semanggi II tragedy on 24 September 1999 ( 1 student dead and 217
wounded ) .
7 . The violence in East Timor after the polls (1999 )Cases
of human rights violations before and after the 1999 poll in east Timor
was officially closed after the submission of the report the commission
of Truth and Friendship ( CTF ) Indonesia - Timor Leste to the two
heads of the countries concerned .
8 . Ambon case (1999 )Events
that occurred in Ambon ni begins trivial problem that crept into the
SARA problem , so called civil war in which there has been a persecution
and killings that claimed many victims .
9 . Poso (1998 - 2000)There
have been clashes in Poso that claimed many victims , which ended with
the shape Communication Forum for Religious ( FKAUB ) in the district of
Poso regency .
10 . Case Dayak and Madura (2000 )Clashes between Dayak and Madura ( ethnic conflict ) which also takes a lot of casualties from both sides .
11 . Bali bombing (2002 )Has
happened to the Bali bombings , the 2002 and 2005 carried out by
terrorists with deadly civilians from both foreign nationals and
citizens of Indonesia itself .
12 . MUNIR murder case ( 7 September 2004 )The tragedy began when Munir to Amsterdam to study master program ( S2 ) at the University Utrecth Netherlands . Munir fly Garuda Indonesia GA - 974 to Singapore for transit in Singapore and then fly back to Amsterdam . But two hours before landing at Amsterdam Schipol airport Munir had died in a plane and in the indications for poisoning .
13 . Massacre at the Mesuji ( April 2011 )This
case stems from a dispute between the plantations of oil palm
plantation company PT SWA with Mesuji residents that occurred in the
village of River Sodong , Mesuji , Histories Ogan Ilir regency , South
Sumatra . This happened because the dispute gross human rights violations
B. Defending human rights
1 . Establishment of Human Rights Enforcement
a) The National Human Rights CommissionCommission ( National Commission ) Human Rights was formed on December 7, 1993 by Presidential Decree No. 50 of 1993 . National
Human Rights Commission was formed in response to the guidance of the
international community and pressure on the need for human rights in
Indonesia . Komnas
HAM is reinforced by the presence of the enactment of Law No. 39 Year
1999 on Human Rights which also regulates Komnas HAM ( Chapter VIII ,
Article 75 s / d 99 ) .According to Law No. 39 of 1999 the Commission aims to :1 ) To assist the development of conditions conducive to the implementation of human rights .2
) Increase the protection and enforcement of human rights for the
development of the human person and the whole Indonesian -participation
in a variety of life skills .b ) The National Commission on Violence against WomenNational Commission on violence against women was established by Presidential Decree No. . 181
In 1998 , the National Basic consideration of the establishment of this
commission as efforts to prevent and eliminate all forms of violence
against women .The National Commission is independent and aims :1 ) Disseminate understanding of the forms of violence against women .2 ) Develop conditions conducive to the elimination of violence against women .3 ) Improve the prevention and control of all forms of violence against women and women's rights .c ) Human Rights CourtPengadilam rights established by Act No. 26 of 2000 . The background of the establishment of human rights courts are :1
) That human rights are basic rights that are inherent in human nature ,
therefore it must be protected , defended and should not be ignored ,
reduced or taken away by anyone .2
) To ensure the implementation of human rights and to provide
protection , certainty , fairness and a sense of security to individuals
or society .3 ) To complete the gross human rights violations .
Human Rights Court is a special court located within the General Court . Human
rights court located in a district or city areas whose jurisdiction
covers an area of law that the District Court bersangkutuan .Court
of Human Rights on duty and authority to examine and decide cases
severe human rights violations inside and outside the boundaries of the
territory of the Republic of Indonesia toritorial by Indonesian citizens
.d ) Legal AidLegal
aid is the institution in charge of helping citizens who can not afford
that in claiming their rights were equal before the law . The
legal aid is to defend the interests of society regardless of ethnic
background , ancestry , color , ideology , political beliefs , property ,
religion , and the group of people who defend him .e ) Consultation Bureau and Legal Aid Law Faculty
At some law schools held consulting firm and legal aid as a function of higher education to serve the surrounding community . Bureau was held as a gym / practice implementing legal education for final year students .
2 . Enforcement of human rights violations .
a. Definition of Human Rights ViolationsLaw. 39
1999 Human Rights neighbor who has provided the following limits :
Human rights violations are all actions by individuals or groups of
people , including state officials , whether intentional or accidental
or omission which unlawfully diminish , impede , restrict or revoke
human rights and a person or group of people who guaranteed
by the Act (No. 39 of 1999 ) and not worry about getting or not getting
a fair trial and the right , based on the mechanism of law ( article
Kinds of human rights violations are :1 . Mass murder ( genocide)2 . Arbitrary killings or outside the court ( arbitbry extrajudicial killing )3 . torture4 . Enforced disappearances , slavery , or5 . Systematic discrimination ( the explanation of Article 104 )
Meanwhile, according to Law no. 26 Year 2000 on Human Rights Court , imposes limits on human rights violations are as follows :1 . Gross human rights violations are human rights violations as stipulated in Law no. 26 of 2000 ( Article 1.2 )2 . Kinds of gross human rights violations include two kinds:a. crime of Genocideb . Crimes against humanity
b . Human Rights Violation Case Handling Procedures .Handling and resolution of cases of human rights violations including authority ordinary Court . While the handling and resolution of cases of gross human rights violations is the authority of the Court of Human Rights .Below
is the procedure outlined the handling and settlement of cases of
serious violations of human rights committed by the court as stipulated
in Law no. 26 Year 2000 on Human Rights Court .2 . offendersPerpetrators
can be tried in the court of human rights is a natural person, group of
people both civilian and military , and the police responsible
individual who are 18 years or older at the time the crime was committed
.3 . Stages or procedures for handling cases of human rights violations1 ) Phase Investigation .a) Definition .The
investigation is a series of investigators to search for and discover
whether there is an incident of alleged human rights violations to be
followed up with an investigation by the provisions of the Law no. 26 of 2000b ) The competent authority .The authorities are investigating commission . In
conducting the investigation the Commission may establish ad hoc team
consisting of National Human Rights Commission and the public .c ) purpose of the investigation .Based
on the above authority can be concluded that the purpose of the
investigation is to gather information , evidence or the basic data used
for :a. Determine whether an event that constitutes a violation of human rights or notb . Determine the persons responsible for human rights violationsc . Is preparing to conduct investigation2 ) Stage Investigation .Stage
of the investigation carried out if the investigation conducted by the
National Human Rights Commission deemed sufficient preliminary evidence (
initial evidence ) or meets the elements of criminal acts of human
rights violationsa) DefinitionInvestigations
is a series of activities carried out by the investigator to follow up
on the results of Inquiry conducted by Komnas HAM to find the evidence
sufficient preliminary causing harsh allegations as the basis for arrest
for the allegedb ) The authoritiesThe authorities are investigating Attorney General . In
performing its duties the Attorney General may establish Ad Hoc Inquiry
consisting of representatives from the government and society .3 ) Phase Arrest .Phase
arrests were made after investigators received a report of an
investigation of the occurrence of human rights violations . If investigators had alleged and accompanied by evidence sufficient initial then the investigator to arrest of suspecta) The authoritiesThe authorities make arrests is Attorney General as an investigator .b ) Time ArrestThe arrest was made for a maximum of 1 ( one ) day . Deducted from future criminal arrest dropped4 ) Phase Detention .As a continuation of phase arrest of a suspect who allegedly violated the human rights , detention of suspects can be donea) The authoritiesThe authorities to arrest the Attorney General prosecutor as investigatorb ) The purpose of detention( 1 ) For the purpose of investigation and prosecution( 2 ) To avoid concerns that the suspect or defendant shall :( a) Escape( b ) Tampering with or eliminate evidence( c ) Repeating the gross human rights violations .5 ) Phase diruang Examination Session .Examination in the trial of human rights through two stages , namely :a ) After inspectionCases
of gross human rights violations that occurred after the enactment of
Law No. 26 of 2000 neighbors human rights court heard and ruled on by
the court and the judges dilakuakn by human rights court , amounting to 5
people , consisting of 2 ( two ) judges in human rights courts and 3 JV
judge ad hoc .b ) ProsecutionThe authorities to prosecute the Attorney General. In carrying out the duties the Attorney General may appoint an ad hoc prosecutor of the government and society .6 ) Criminal Penalties .Any person committing genocide crimes get criminal penalties as follows :a) the death penaltyb ) life imprisonment Criminalc ) Criminal imprisonment of 25 years and at least 10 years
3 . Positive attitudes toward Safeguard human rights in Indonesia
The Indonesian government has sought to protect human rights . It
can be seen from the government's efforts to issue regulations relating
to human rights and bringing all perpetrators of human rights
violations to justice .We
as citizens of Indonesia ( WNI ) must support the protection of Human
Rights ( HAM ) conducted by institutions of human rights protection . The support can be shown by the attitude of , among others :1 . Respect and implement human rights instruments ;2 . Help implement outreach program of human rights carried out by one of the human rights protection institutions ;3 . Listen and implement the law and human rights education materials ;4 . Participate actively socialize and human rights law ;5 . Respect the rights of women;6 . Help implement the protection of children's rights .
4 . Protection of Witnesses and Victims of Human Rights Violations .
Each victims and witnesses in serious human rights violations have the right of protection of apparatus and security forces . There are two kinds of protection that it provides are:a. Physical protectionb . Mental protection from threats, harassment , terror and violence from any side .Every victim of gross human rights violations and or their heirs receive compensation , restitution and rehabilitation .a. Compensation is a benefit provided by the State for failing to provide compensation that is fully the responsibilityb . Restitution is compensation given to the victims or their families by the offender or a third party . Restitution may include :1 ) refund property2 ) payment of compensation for loss or suffering3 ) replacement costs for certain actionsc . Rehabilitation is the restoration to its original position , ie a good name , position , honors and other rights .
Basic Competence Test 3.1
I. Fill in the blanks below with the correct answer !1 . A
female worker of PT Catur Putera Surya Porong , East Java (1994 ) died
in tragic and alleged victims of human rights violations such as
abduction , torture and pembunuhan.kasus is famous by the name of ....2 . Trisakti tragedy killed 4 students and dozens of others were injured occurred on ......3 . Human rights enforcement agencies that was formed on December 7, 1993 by Presidential Decree No. 50 of 1993 is .....4 . The National Commission on Violence against Women was established by Presidential Decree No. ....5 . Court of Human Rights was established by Law ....6 . Court of Human Rights on duty and authority to examine and decide the case ......7 . Actions
by individuals or groups of people , including state officials ,
whether intentional or accidental or omission which unlawfully diminish ,
impede , restrict or revoke human rights and a person or group of
people called ....8 . Kinds of gross human rights violations include two kinds of evil .... and crime ....9 . Perpetrators
can be tried in the court of human rights is a natural person, group of
people both civilian and military , and the police responsible
individual who has lived ....10 . The first stage of treatment or procedure cases of gross human rights violations is stage ....11 . The authorities to investigate the cases of gross human rights violations is ....12 . The authorities make an arrest in a case of gross human rights violations is ....13 . Any person who has committed a criminal offense sanctioned genocide imprisonment and a year .... at least .... year14 . Benefits granted by the state for failing to provide compensation that is fully the responsibility is called .....15 . Compensation given to the victims or their families by the offender or a third party is called .....
II . Answer the following question correctly !1 . Identify examples of cases of human rights violations that have occurred in Indonesia! at least 4 !2 . Mention the institutions that deal with human rights in Indonesia ! at least 3 !3 . Explain the meaning of human rights violations , according to Law No. 39 Year 1999 on Human Rights !4 . Mention the kinds of gross human rights violations !5 . List the steps or procedures for handling cases of gross human rights violations !6 . Mention the various sanctions for violations of human rights !7 . Mention attitudes that support the protection of Human Rights ( HAM ) conducted by human rights protection institutions ! at least 3 !8 . Every victim of gross human rights violations and or their heirs receive compensation , restitution and rehabilitation .