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STATE LAW AND HUMAN RIGHTS



A. State law definitions.State law called the Rechtsstaat / Rule of Law derived from the experience of constitutional democracy in the 19th and 20th century Europe. Democracy is essentially a state law. Characterize the state of law is the rule of law, insurance law and legality Ham. Indonesia is a country of law; as stated in the Constitution 45 Article 1 (3). State laws relating to human rights, karenan one character is a guarantee of human rights.

State law (rechsstaat / rule of law) is the organization of state power which is based on the rule of law. State based on law as the law is the highest (supreme). Rule of law should not ignore the three basic idea of ​​law: justice, expediency, and certainty. Government in the state law must be constitutional limitations of power and meaning there is no guarantee the basic rights of citizens. (In the communist / authoritarian constitution but there is not constitutional). 
State law in the formal sense that the State is to protect all citizens and all the blood spilled. State law within the meaning of material that the State should assume responsibility for the welfare of all citizens. With the foundation and spirit of state law in the material sense, every act of the State shall consider two interests or foundation, is its usefulness (doelmatigheid) and its legal basis (rechmatighed). In all things have always endeavored that every act of the State (government) it has always met these two interests or foundation. Is an art in itself to take appropriate keputuasan. Lawful state is the State that is not based on power alone. This implies that the state government and include other State agencies in implementing any measures should be based on the rule of law or must be legally justifiable. 
B. Definition of Human RightsIf the meaning of human rights in terms of origin he said, human rights consists of three words, the first is the word "rights", the word "rights", and the third is the 'human'.Winataputra (2003:6.3) states that rights be interpreted as something right, authority, power or authority to do something that correct the sesuatuatau to demand anything. While the "rights" means the principal is the basis atauhak owned by humans, such as the right to life, the right to speak, and the right to get protection. The next man is a created being is omnipotent Lord of the most perfect among all the other creatures of His creation .. Given the fundamental nature of human beings, then human rights are considered as a right that can not be revoked or removed. In other words, human rights guarantees perlumendapat by the state or government, therefore, who should get a break sajayang tough sanctions. 
Human rights are inherent and fundamental rights possessed as a gift setiapmanusia Tyme. Pasha (2002) states that yangdimaksud with human rights is the basic rights of man since born and brought inherent in its essence as a gift from Allah SWT. While Ghazali (2004) stated that human rights are basic rights that were taken sejaklahir and attached to the creature and its potential as a human rights representative Tuhan.Pengakuan has two runways, as follows:(1) a direct basis and pertamaAdalah human nature, the same degree and dignity.(2) a deeper foundation and the second is God made man, that all men are creatures of the same creator is God Almighty. Further explained that there is an opinion of human rights stems from the fact that known as the right of manuntuk replace natural right. 
The term comes from the concept of natural rights John Locke (1932-1704) on the natural rights of man. This right includes the right to life, freedom, property rights, and so forth.

In the 1945 Constitution, human rights issues specifically regulated from Article 28a-28j. Examples of rights include rights to life, right to education, right to live together as everyone else, right untukmendapatkan the same treatment, right to get a job etc..

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