Student Name Muhammad Thoriq Arraffi

Student ID 003202300005

Class and Major Management 4, Majoring in Mechanical Engineering

Subject Citizenship

Guest Lectures

Topic 1

Name of Speaker 1

Topic 2 Rights and Obligations of States and Citizens

Name of Speaker 2 Zenny Rezania Dewantary, S.H., M.HUM

Resume

Write a summary of all topics discussed, and state what values you capture from the topics (make it
in the form of a narrative, at least 500 words).

1. RIGHTS AND OBLIGATION OF CITIZENS

Citizens’ rights are exercised under the international

Declarations/covenants, e.g.: - Udhr, constituted 30 basic human rights (e.g. right to life, liberty and
Security; freedom from slavery, freedom from torture and degrading
Treatment; etc)
- ICCPR, convened civil and political rights, and,
Icescr convened on economic, social, and cultural rights.

1.1 These instruments were internalized into Indonesia’s law system

Through:
Udhr: the law of human rights number 39/1999
ICCPR: law number 12/2005 about the legalization of ICCPR
Icescr: law number 11/2005 about the legalization of icecsr

Rights always come together with obligations

Human rights are understood as naturally inherent to humans.
Human beings are always attributed with rights.
A person must honor other persons' human rights.
Also to practice human rights responsibly.

ICCPR contributed to convening types of rights:

- Non-derogable rights: rights that are absolute and not subjected
For any suspension in any circumstances. E.g.:

Right to life (art 6)

Freedom from torture or cruel, inhuman and degrading treatment
Or punishment; and freedom from medical or scientific
Experimentation without consent (art 7)
Freedom from slavery and servitude (arts 8(1) and (2))
Freedom from imprisonment for inability to fulfill a contractual
Obligation (art 11)
Prohibition against the retrospective operation of criminal laws
(art 15)
Right to recognition before the law (Art 16)
Freedom of thought, conscience, and religion (Art 18).
(Australian government attorney-general's department)

ICCPR contributed to convening types of rights:

- Derogable rights:

1. Article 4 of the international covenant on civil and political rights

(ICCPR) provides for a derogation power, which allows governments
To temporarily suspend the application of some rights in the
The exceptional circumstance of a 'state of emergency' and subject to
Certain conditions, including official notification.

2. E.g. in times of no emergency: the right to liberty is revoked for criminals

E.g. in times of public emergency: during the war, derogating from human
Rights mean that the government cannot guarantee some aspects
Of human rights or must adopt measures that would otherwise violate
Previously agreed human rights standards to tackle the emergency.

(Australian Government attorney-general's department)

The state, government, and law must guarantee human rights.

States responsibility:
 External:
The rights accorded to states under international law imply
Responsibilities. States are liable for breaches of their obligations,
Provided that the breach is attributable to the state itself. A state
Is responsible for direct violations of international law—e.g., the
Breach of a treaty or the violation of another state’s territory
(Britannica)

States responsibility:

Internal:
A state is also liable for breaches committed by its internal
Institutions, however, are defined by domestic law; by
Entities and persons exercising governmental authority; and by
Persons acting under the direction or control of the state.
(Britannica)

Thus the importance of the rule of law and effective law enforcement
System.

HIERARCHY OF LAW IN INDONESIA:

1. Undang-undang dasar negara republik indonesia tahun 1945;

2. Ketetapan majelis permusyawaratan rakyat;
3. Undang-undang/peraturan pemerintah pengganti undang-undang;
4. Peraturan pemerintah;
5. Peraturan presiden;
6. Peraturan daerah provinsi; dan
7. Peraturan daerah kabupaten/kota.

Measure What Are The Rights Adopted In the Indonesian Constitution And
Ideology.
- Identify Any Differences - Udhr, ICCPR, Icescr Are Universal - Pancasila And Uud 1945 Are
Particular

Indonesia can be subjected to liabilities in specific disputes, e.g.,

In an administrative dispute, the object of the dispute is a beschikking (state’s

Decision letter).

1. Civil dispute (Perdita), e.g. in environmental cases: putusan

2. Pengadilan negeri palangka raya nomor 118/pdt.g/lh/2016/pn.plk ->
3. Gugatan warga negara (citizen law suit) versus negara republik
4. Indonesia cq. Presiden republik indonesia. Also, filing a lawsuit to a
5. Specific state department for their negligence, such as accident due
6. To unmaintained damaged roads.

Dispute related to public services quality = address to ombudsman

(hukumonline.com)

State responsibility

The due diligence principle is a parameter of the state’s compliance with its
Obligation as a subject of law

Failure to comply triggers its responsibility

Example of due diligence principle:

Zarizana Abdul Aziz and Janine Moussa constituted ‘5p’ for states
Responsibility in eliminating violence against women:

1. Prevention
2. Protection
3. Prosecution
4. Punishment of perpetrators
5. Provision of redress and reparation for victims/survivors
Explain how you will apply the values from the topic in your daily life, in your social life, or in your
social media (make it in narrative form of at least 500 words).

In Daily Life
1. Respect for Others' Rights:
Privacy: Respecting others' privacy by not intruding into their personal matters.
Freedom of Speech: Allowing others to express their opinions, even if they differ
from your own.

2. Fulfilling Obligations:
Laws and Regulations: Abiding by the laws and regulations of your state, such as
following traffic rules or paying taxes.
Civic Duties: Participating in community activities, voting in elections, and being
informed about public issues.

In Social Life
1. Equality and Non-Discrimination:
Inclusion: Treating all individuals equally, irrespective of their background, and
promoting an inclusive environment in social settings.
Support: Offering help and support to friends and community members in need.

2. Social Responsibility:
Volunteerism: Engaging in volunteer activities that benefit the community.
Environmental Stewardship: Practicing and encouraging sustainable living to protect
the environment.

On Social Media

1. Freedom and Responsibility:

Expression: Using social media to express your views while ensuring that your
content does not harm others or spread misinformation.
Respect: Respecting the views of others, engaging in constructive discussions, and
avoiding hate speech or harassment.

2. Privacy and Security:

Personal Information: Protecting your personal information and respecting the
privacy of others by not sharing sensitive data without consent.
Ethical Sharing: Ensuring that the information you share is accurate and not
misleading, and giving credit to sources.

Practical Examples

1. Daily Life:
Reporting any suspicious activities to authorities to contribute to community safety.
Being mindful of noise levels to respect neighbors' right to peace and quiet.

2. Social Life:
Encouraging friends to participate in local elections and discussing the importance of
voting.
Organizing community clean-up events to promote a healthy living environment.

3. Social Media:
Fact-checking information before sharing to prevent the spread of false news.
Using social media platforms to raise awareness about social issues, like advocating
for human rights or environmental conservation.