Criticism From The Chairman Of The DPD Regarding Human Rights Enforcement In The Republic Of Indonesia

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Speaking about the protection and fulfillment of human rights (HAM) in Indonesia, the government is the responsible party as explained in article 8 of Law Number 39 of 1999 concerning Human Rights.

The article clearly states 'protection, promotion, enforcement, and fulfillment of human rights are mainly the responsibility of the government.' Unfortunately, for the Chairman of the DPD, AA LaNyalla Mahmud Mattalitti, this is still far from burning.

LaNyalla assessed that there is a need for a lot of improvement in terms of protection, promotion, enforcement and fulfillment of human rights in Indonesia. In fact, said LaNyalla, the enforcement of human rights is the purpose and ideal of the birth of this nation and state as stated in the opening text of the 1945 Constitution.

"However, the empirical facts about the protection, promotion, enforcement and fulfillment of human rights in Indonesia are still far from ideal," said LaNyalla, when delivering the material at the Law Expedition event organized by the Legal Student Solidarity for Indonesia, Faculty of Law, Universitas Airlangga, Sunday, November 19.

LaNyalla said, apart from the government, the task of ensuring the fulfillment of human rights can also be realized as a citizen's obligation. This is in line with the basic values of the Indonesian people which are monodualistic. Not purely individualist, like people in liberal countries, but also not total communal like people in Communist countries.

"Indonesia, according to the basic philosophy value, namely Pancasila, adheres to the flow that the Indonesian people are monodualistic. On the one hand, as individuals or individuals, but on the other hand as people who are bound in social relations," said LaNyalla.

Thus, the Senator from East Java assessed that the essence of Indonesian human rights values should remain in the corridor of public interest above individual interests. That is why Indonesia also recognizes customary law and religious law.

On the other hand, LaNyalla assessed that the government bears a big responsibility in terms of this human rights issue. This is because, when referring to the data presented by Komnas HAM, including those recorded in the National Commission for Child Protection and Women, both in the individual realm, as well as the realm of community groups or residents, there have been many human rights violations.

Especially if we study from the aspect of fulfilling social security for citizens, which is still far from perfect, is a form of human rights violation that is still happening.

"Because in practice, the government's obligation to guarantee citizens can access their welfare and necessities of life, is realized as a subsidy. So that at any time the subsidy can be revoked, if the state budget is deemed unable to cover these costs anymore," said LaNyalla.

In fact, according to LaNyalla, it is the government's obligation, but it is changed to subsidy, so that it becomes optional or option. Thus subsidies can be removed. Then replaced with other options, such as BLT or whatever the name is, which we cannot check on the ground whether it is right on target, or not.

We can say that this situation is the government's obligation in accordance with the mandate of the Preamble to the Constitution has been shifted.

"From obligation to become a subsidy that can be revoked at any time. This is essentially a violation of human rights, especially the right to welfare. Because the purpose of the birth of this country is to advance public welfare and educate the nation's life," said LaNyalla.

Especially if we further withdraw into development practices that do not alleviate poverty, but instead move poverty. Or instead produce agrarian conflicts that result in human rights violations by government officials.

Related to this above, we can review the implementation of the National Strategic Project which according to the records of the Agrarian Reform Consortium Institute actually triggered a significant increase in the number of human rights violations due to the handling of agrarian conflicts in the field.

LaNyalla said that the agrarian conflict that led to human rights violations also occurred in plantation, forestry and mining sectors. "All of this was triggered by the weakness of the government's alignment with the population or citizens, but was more in favor of investment interests by the national and foreign private sectors," said LaNyalla.

According to him, the study of legal justice in this development perspective is of course also interesting to study more deeply in terms of human rights by the Juris at the Faculty of Law.

Therefore, LaNyalla hopes that the Juris, especially at the Faculty of Law, Universitas Airlangga, can provide critical reviews and input to the government regarding the obligation to fulfill human rights, which is actually an obligation, as stated in the opening manuscript of the 1945 Constitution, which is the purpose and ideal of the birth of this nation and state.