1.

Expressing opinions in public is a right and can be done by anyone because it is

protected in the Indonesian constitution. This arrangement is regulated in Article 28 E
paragraph 3 of the 1945 Constitution concerning "Everyone has the right to freedom of
association, assembly, and expression of opinion."1In the case of expressing opinions in
public, it should be carried out in a conducive manner in accordance with legal rules
regarding procedures for expressing opinions in public. . Expressing opinions in public
must comply with applicable regulations.
conducive as expected. As in the demonstration held on Wednesday, May 22, 2019, which aimed
to express opinions regarding the results of the 2019 general election which was delivered in the
early hours of the morning at the KPU and Bawaslu offices in Jakarta. The demonstration did not
go peacefully, a number of actions were carried out such as throwing stones, firecrackers and
firearms and several Molotov cocktails were found at the time of the incident. According to
Wiranto, the demonstration that was held on 22 May 2019 ended in rioting and became a crime
that could threaten the sovereignty of the state.2 The death toll was up to 6 people and hundreds
of people were injured because the police fired rubber bullets to deal with the incident.3 Water
gas Eyes were also fired at the demonstrators to disperse the rioting. Not only that, to disperse
the crowd the police doused the demonstrators with river water through helicopters.
Individuals (legal persons), including companies in general, international non-governmental
organizations, responsible individuals in an international organization and the individual himself
Apart from individuals, there are also group rights that are recognized as subjects of human
rights law namely indigenous people, refugees and minorities. The state is the responsibility
holder (duty holder), who must fulfill its obligations in the implementation of human rights both
nationally and internationally, while individuals and community groups are the right holders.4
According to Article 38 paragraph (1) of the Statute of the International Court of Justice (ICJ),
general principles of law recognized by civilized nations are one of the sources of international
1
Melina, Cairin. "Kebebasan Berekspresi Di Era Demokrasi: Catatan Penegakan Hak Asasi Manusia." Lex Scientia
Law Review 2, no. 2 (2018): 189-198.
2
Andry Novelno, 2019, Wiranto Soal Aksi 22 Mei Itu Kejahatan Serius. URL :
https://www.cnnindonesia.com/nasional/20190521142949-12-396888/wiranto-soal-aksi -22-mei-itukejahatan-
serius, diakses tanggal 22 Mei 2020.
3
Indra Komara, 2019, Ini Sebaran Rumah Sakit yang Tampung 6 Korban Tewas Rusuh 22 Mei, URL :
https://news.detik.com/berita/d-4559881/ini-sebaran-rumah-sakit-yang-tampung-6-korban-tewas-rusuh22-mei,
diakses tanggal 22 Mei 2020.
4
International Forum on Globalization, Globalisasi, Kemiskinan dan Ketimpangan, alih bahasa A. Widyamartaya
dan AB. Widyanta, ctk. Pertama, Cindelaras Pustaka Rakyat Cerdas (CPRC), Yogyakarta, 2003,
law. State responsibility as a general principle of law that is known and recognized in
international law is also one of the sources of law that applies to every country. 5
State responsibility arises when there is a violation of an international obligation to do something
or not to do something, whether that obligation is based on an international agreement or
international custom.6

5
Jim Ife, Human Rights and Social Work, Toward Rights Based Practice, ctk. Pertama, Cambridge: Cambridge
University Press, 2001
6
Mansour Fakih dkk, Menegakkan Keadilan dan Kemanusiaan, Pegangan untuk Membangun Gerakan Hak Asasi
Manusia, ctk. Ketiga, Insist, Yogyakarta, 2003