The Notion Of Freedom In Indonesia

the notion of freedom in indonesia {short critical study}

CHAPTER 1 . ON THE PRINCIPLES OF STATE

Indonesia is a country described as a republic. Republic is a state in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than a monarch. According to the Indonesian government, the state philosophy is contained in the word «Pancasila». The word “Pancasila” is derived from two Sanskrit words, “panca” which means five, and “sila” which means principle. Pancasila consists of five principles that are interrelated and inseparable, namely: 1. The belief in one God 2. A just and civilized humanism 3. Unity of Indonesia 4. Democratic citizenship lead by wise guidance born of representative consultation 5. Social just for all the people of Indonesia The first principle is the belief in one god and all the other principles follow after that. The notion of Democracy is found in the fourth principle and it describes the citizenship which is

lead by wise guidance, born out of representative consultation. It is interesting that the representatives are expected to have consultative role to the wise who are expected to guide. Someone could assume that the wisdom is generated by the one god mentioned in the first principle. It is historically proven that a basic function of the major religious systems like christianity and islam was the justification of the political choices of the heads of state. From the age of Constatine, the emperor of rome, who made christianity the official religion of the Roman empire practically overnight, many other heads of state followed his example. The theocratic character and structure of a state is found mostly in medieval ages and in our time is found in countries where the majority of the population is islamic. The second, third and fifth principle who speak about just and civilized humanism,unity and social justice is possible to be subjected to the belief in one god and when this is the case, they can not be arranged by any law voted by the representatives of the people. It is in most cases taken for granted that all matters concerning a god or a belief of a god, are in the jurisdiction of a book or a collection of books written centuries ago that are considered holy and unquestionable by the followers of the respected faith. In the national portal of The Republic of Indonesia in regard to the strategy of the government we read the following: "The strategy to realize the vision and mission of Indonesia is oriented towards maintaining good governance and is based on the spirit, soul, values and consensus of the underlying foundation of the Unitary State of the Republic of Indonesia which are the Pancasila philosophy, the 1945 Constitution (particularly the Preamble of the 1945 Constitution), and maintaining the integrity of the Republic of Indonesia and sustaining pluralism and diversity under the Bhinneka Tunggal Ika principles. The development strategy is oriented towards developing Indonesia in all aspects of life as stated in the preamble of the 1945 Constitution particularly in fulfilling the basic rights of the people and establishing a strong foundation for development." In the strategic plan of the government we see the Pancasila philosophy occupying the central role and as noted before, in the Pancasila philosophy,the belief in one god is the first principal.

Although Islam is the religion of the vast majority of the population, the country is not an Islamic state. Over the past 50 years, many fundamentalist Islamic groups sporadically have sought to establish an Islamic state, but the country’s mainstream Muslim community, including influential organizations such as the Muhammadiyah and the NU, continued to reject the idea. Proponents of an Islamic state argued unsuccessfully in 1945 and throughout the parliamentary democracy period of the 1950’s for the inclusion of language (the so-called "Jakarta Charter") in the Constitution’s preamble, making it obligatory for Muslims to follow Shari’a. During the Suharto regime, advocacy of an Islamic state was forbidden. With the loosening of restrictions on freedom of speech and religion that followed the fall of Suharto in May 1998, proponents of the "Jakarta Charter" have resumed their advocacy efforts. The secular political parties and appointed police, military, and functional representatives, who together hold a majority of the seats in the People's Consultative Assembly (MPR), (which has the power to change the Constitution), oppose proposals to amend the Constitution to include Shari'a. The Muhammadiyah, the NU and many prominent Muslim clerics also oppose such a change. The first principle of state is certainly not helpful to the establishment of of an actual republic or even better as many educated indonesians prefer, an actual Democracy. Indonesia is not an islamic or a theocratic state but is also not far from the danger of becoming or simulating one. The strong interaction of religion and state is a dangerous symptom for all kinds of freedom that a citizen deserves and should expect and in a democracy or a republic.

CHAPTER 2 . ON THE FABRIC OF SOCIETY Apart from the role of the prevailing religion in the governance and social life of Indonesia, major role play the economic relationships of the big business families, the governing party and the foreign capital. While the presence of Islam is intense in most aspects of life in Indonesia, a strange form of capitalist mentality seems to dominate the indonesian

society. One would expect the islamic law, the Sari'a , to be the main compass behind the behavior of indonesians but instead we come across to a different phenomena. For practically everything in Indonesia you have to pay a certain amount of money. You even get the impression that some minor professions are created so that some people get a small amount of money for almost symbolic kinds of work.Actually it is a kind of unofficial interpersonal income balance system. I consider that it is not a symptom of capitalism that suggests that everything could and should be translated into capital. The most interesting is that in this case, this strange form of applied capitalism, has a result of socialistic nature. Paying for the parking everywhere you go, paying for the peasants, paying for mobile to mobile pulsa transfer, paying for every little thing is a clever way to hold the fabric of society together, to allow all people to survive, minimizing social tension without actually bridging the constantly growing gap between rich and poor. The inherent tolerance and kindness of the native people of the indonesian archipelago lead to this phenomena. The big religions of the indonesian islands do not contribute to the consistency of the fabric of society but rather endanger it. It is true that it is the indigenous traditions of the indonesian people that help and give a different color to society and to the major religions and not the other way around. The classes between members of different religious systems (Islam and Christianity) are not scarce and pose a threat that is unlikely to be eliminated. Indonesia is an overpopulated country with a density of 134 people per kilometer and a birth rate of 19.24 being double of the death rate of 6.24. Despite the fact that Indonesia is comprised of more than 17.000 islands, the majority of the population is located in the islands of Jawa and Bali. This constitutes a threat to the consistency of the society and to the overall quality of life of the people. One of the many reasons is that the central government tends to focus the development efforts and funding on these areas on these areas and sometimes in the tourist hotspots like Bali. Areas like the Papua province feel neglected and it is there that separatist movements have taken form. Such movements and actions even in a subtle manner are not tolerated by the government and this has resulted to violation of the human rights as we will see in the next chapter.

CHAPTER 3 . ON THE PERCEPTION OF FREEDOM Freedom was the rallying call of the mass protests in Indonesia that toppled Suharto from the presidency in 1998. Students and faculty emerged at the forefront of the reform movement in large measure because they publicly spoke their minds, courageously and consistently ignoring a variety of repressive laws, regulations, decrees, and abusive practices that have long limited political and intellectual freedom on Indonesia’s campuses and in Indonesian society. Although the change of leadership in Indonesia has been meant changes, significant barriers to citizens' exercise of basic rights continue to exist.Many of the thousands of political opponents imprisoned under his rule were released after his fall. But 10 years on, Indonesian's are once again being jailed for expressing their opinions. Students where the heroes of Indonesia's struggle for democracy in 1998 and some incidents indicate that the struggle is not fiished. Fahrur Rohman, now 20, was convicted of insulting the president during a demonstration and sent to prison for three months last year. "Our democracy is only half-hearted. Disguised as democracy the government is still using an iron fist against political opponents," he says. On the other hand, some feel democracy has brought unprecedented freedom. Political activist Budiman Sudjatmiko was among those released after Suharto was forced from power. A new, more democratic Indonesia has given him the chance to join one of the country's many political parties and he is campaigning for elections next year. "Democracy has given me liberty, I was sentence to 13 years and if Suharto had not stepped down I would still have been in jail," he says. At least 70 people have been arrested or imprisoned for peaceful pro-independence activities in the province of Maluku, Indonesia over the last two years. Recent research indicates that at least 22 of them were severely tortured in detention. The 22 activists, led by Johan Teterissa, were arrested on the 29 June 2007 after performing a traditional war dance in front of President Susilo Bambang Yudhoyono in the city of Ambon, the capital. The dance culminated with the

activists unfurling the Benang Raja flag, a symbol of the Maluku independence movement. After their performance the police, particularly the anti-terrorist unit Detachment-88, detained all 22 of them. They were not granted access to legal representation and held incommunicado. They were beaten, forced to crawl on their stomachs over hot asphalt, whipped with an electric cable and had billiard balls forced into their mouths. The police also beat them on the side of the head with rifle butts until their ears bled and fired shots close to their ears. The police threatened them continually with further torture, sometimes at gunpoint, to force them to confess. Twenty one of them, including Johan have since received sentences of between seven and 20 years' imprisonment for ‘rebellion’ under Articles 106 and 110 of the Indonesia Criminal Code, while one is still awaiting trial. In the past two years another 48 people have been arrested and imprisoned on charges of subversion, some for up to 17 years, for activities such as owning, sewing or transporting the Benang Raja’ flag. The most recent arrest took place on 18 July 2008. One of those imprisoned for subversion is Simon Saiya, who was also forced to confess his involvement in “terrorist” activities after torture and other illtreatment by the police. Amnesty International has received information that he is being detained in a police cell at the police mobile brigade (Brimob) detention centre in Tantui, Ambon awaiting trial and is concerned about his safety. Another example of violation of human rights by authorities is the forcible destruction of an estimated 300 homes in the village of Suluk Bongka on 18 December. Local sources told Amnesty International that two children died during the confrontation and that nearly 400 villagers are still homeless and living in a nearby forest. Fifty eight people remain in police custody. “Hundreds of people are now living in the forest, their homes destroyed, and two families are grieving the loss of their children. The Indonesian government should immediately investigate why and how this happened, and specifically examine the role of local law enforcement officials in this incident,” said Josef Benedict, Amnesty International’s Indonesia campaigner. Around 700 local security forces fired bullets and tear gas to evict the residents of the village in the province of Riau on the eastern coast of Sumatra. The police were assisted by Satpol PP (Municipal Administrative Police

Unit), Pamswakarsa (civilian security groups) and civilians apparently hired to carry out the eviction. Local sources reported a two-year-old died after she fell down a well during the confrontation, while a two-month-old baby died from burn injuries. Two other people suffered gunshot wounds. As the villagers fled into the forest, two helicopters then dropped what was thought to be a fire accelerant on the village of Suluk Bongkal, Bengkalis, burning to the ground around 300 homes. Bulldozers then went in and flattened the area completely. The villagers have been engaged in a land dispute with the pulpwood supply company PT Arara Abadi since 1996, when the Indonesian forestry ministry gave the company management rights for industrial farming. Since then, the company has tried to evict the villagers but official letters from the Ministry of Forestry and the Riau Governor in 2007 stated clearly that the company could not start operations until the dispute had been settled. The eviction of Suluk Bongka’s residents occurred without any resolution of the dispute and without the residents receiving any prior warning or being served official papers. The police initially detained around 200 people. Fifty eight people are still in detention at the polres Bengkalis (district police station). Police are preventing human rights organisations from entering the area. In the International Religious Freedom Report of 2002 we read about the widespread tension between Muslims and Christians that had erupted into localized violent conflicts in the last years. A small minority of extremists, primarily from outside the conflict areas, have exploited and exacerbated the violence. Ongoing conflicts between Muslims and Christians resulted in the deaths of at least 125 persons and the displacement of 390,000 others during the period covered by this report. During late 2001, the Government worked to end Muslim-Christian violence in Central Sulawesi and the Moluccas by dispatching thousands of soldiers and police officers to the area and by brokering peace agreements between the two communities in December 2001 and February 2002. The agreements reduced but did not end the violence. Among other issues, economic factors have contributed to the conflicts, which increasingly have been expressed in religious terms. In both Central Sulawesi and the Moluccas, lax law enforcement and the halting of efforts to disarm Muslim fighters has allowed violence to continue despite the new

peace agreements. The Government has been criticized over the conduct of the military in conflict areas. Some military units were accused of siding with their coreligionists, both Muslim and Christian, and supporting combatants, either directly or indirectly. The lack of an effective government response to punish perpetrators and prevent further attacks continued to lead to allegations that officials were complicit in some of the incidents or, at a minimum, allowed them to occur with impunity. Religiously motivated violence elsewhere also included threats and occasional attacks by Muslims on entertainment establishments such as restaurants, bars, billiard clubs, and nightclubs by the Islamic Defenders Front (FPI) and other radical groups that deemed such establishments to be immoral. These threats and attacks occurred mainly in Jakarta, on the island of Java. The Government took no action against the perpetrators of such attacks and some observers linked the police to the FPI. In Jakarta Surabaya, and other cities local leaders ordered some nightspots to close during the Muslim fasting month of Ramadan. However, enforcement of the orders was lax, and many such businesses remained open. In Indonesia, the colonial past and the deep rooted submission to the kings and the rulers is still and will possibly be for a long time, one of the biggest preexistent obstacles that the people have to overcome in order to claim their freedom. The other preexistent obstacle are the major religious systems which compromise the personal and communal freedoms on a daily basis. It is of special interest that due to the obstacles we just mentioned, the very notion of freedom in Indonesia does not necessarily include the freedom of personal expression or the freedom of speech at least for a significant part of the population. The actual word, the meaning it and anything that could be understood as a result of it are not often subject of discussion in the everyday life. Many things, including the level of freedom are taken for granted. In recent statements to the international press, the vice president of Indonesia claims that if you compare the current state of Indonesia with the situation ten years ago, or with other countries in the region, he finds that Indonesia is too free. This concept of acceptable levels of freedom is not personal of the vice president but shared amongst other

indonesians as well. The very notion of freedom in Indonesia is formed by a conjunction of the the social and ethical traditions of the pre colonial era, the habits and relations of the colonial era, the current influences of a globalized western world culture and the character of the people of numerous different tribes that inhibit the archipelago of Indonesia. Though life seems quite easy to the passing visitor, the political situation and social balance of the indonesian society is extremely complex and remains to be seen.

APPENDIX A .

Human Rights

Universal Islamic Declaration of

21 Dhul Qaidah 1401 19 September 1981 This is a declaration for mankind, a guidance and instruction to those who fear God. (Al Qur’an, Al-Imran 3:138)

Foreword Islam gave to mankind an ideal code of human rights fourteen centuries ago. These rights aim at conferring honour and dignity on mankind and eliminating exploitation, oppression and injustice.

Human rights in Islam are firmly rooted in the belief that God, and God alone, is the Law Giver and the Source of all human rights. Due to their Divine origin, no ruler, government, assembly or authority can curtail or violate in any way the human rights conferred by God, nor can they be surrendered. Human rights in Islam are an integral part of the overall Islamic order and it is obligatory on all Muslim governments and organs of society to implement them in letter and in spirit within the framework of that order. … This Declaration of Human Rights is the second fundamental document proclaimed by the Islamic Council to mark the beginning of the 15th Century of the Islamic era, the first being the Universal Islamic Declaration announced at the International Conference on The Prophet Muhammad…and his Message, held in London from 12 to 15 April 1980. … Paris 21 Dhul Qaidah 1401 Salem Azzam 19th September 1981 Secretary General O men! Behold, We have created you all out of a male and a female, and have made you into nations and tribes, so that you might come to know one another. Verily, the noblest of you in the sight of God is the one who is most deeply conscious of Him. Behold, God is all-knowing, all aware. (Al Qur’an, Al-Hujurat 49:13) Preamble WHEREAS the age-old human aspiration for a just world order wherein people could live, develop and prosper in an environment free from fear, oppression, exploitation and deprivation, remains largely unfulfilled; WHEREAS the Divine Mercy unto mankind reflected in its having been endowed with super-

abundant economic sustenance is being wasted, or unfairly or unjustly withheld from the inhabitants of the earth; ix) wherein all public affairs shall be determined and conducted, and the authority to administer them shall be exercised after mutual consultation (Shura) between the believers qualified to contribute to a decision which would accord well with the Law and the public good; x) wherein everyone shall undertake obligations proportionate to his capacity and shall be held responsible pro rata for his deeds; xi) wherein everyone shall, in case of an infringement of his rights, be assured of appropriate remedial measures in accordance with the Law; xii) wherein no one shall be deprived of the rights assured to him by the Law except by its authority and to the extent permitted by it; xiii)wherein every individual shall have the right to bring legal action against anyone who commits a crime against society as a whole or against any of its members; xiv)wherein every effort shall be made to: (a) secure unto mankind deliverance from every type of exploitation, injustice and oppression, (b) ensure to everyone security, dignity and liberty in terms set out and by methods approved and within the limits set by the Law; Do hereby, as servants of Allah and as members of the Universal Brotherhood of Islam, at the beginning of the Fifteenth Century of the Islamic Era, affirm our commitment to uphold the following inviolable and inalienable human rights that we consider are enjoined by Islam. Explanatory Notes 1 In the [following] formulation of Human Rights, unless the context provides otherwise:

a) the term ‘person’ refers to both the male and female sexes. b) the term ‘Law’ denotes the Shari’ah, i.e. the totality of ordinances derived from the Qur’an and the Sunnah and any other laws that are deduced from these two sources by methods considered valid in Islamic jurisprudence. 2 Each one of the Human Rights enunciated in this declaration carries a corresponding duty. 3 In the exercise and enjoyment of the rights referred to above every person shall be subject only to such limitations as are enjoined by the Law for the purpose of securing the due recognition of, and respect for, the rights and the freedom of others and of meeting the just requirements of morality, public order and the general welfare of the Community (Ummah). The Arabic text of this Declaration is the original. I Right to Life a) Human life is sacred and inviolable and every effort shall be made to protect it. In particular no one shall be exposed to injury or death, except under the authority of the Law. b) Just as in life, so also after death, the sanctity of a person’s body shall be inviolable. It is the obligation of believers to see that a deceased person’s body is handled with due solemnity. II Right to Freedom a) Man is born free. No inroads shall be made on his right to liberty except under the authority and in due process of the Law. 3 In the exercise and enjoyment of the rights referred to above every person shall be subject only to such limitations as are enjoined by the Law for the purpose of securing the due recognition of, and respect for, the rights and the freedom of others and of meeting the just requirements of morality, public order and the general welfare of the Community (Ummah). The Arabic text of this Declaration is the original.

I Right to Life a) Human life is sacred and inviolable and every effort shall be made to protect it. In particular no one shall be exposed to injury or death, except under the authority of the Law. b) Just as in life, so also after death, the sanctity of a person’s body shall be inviolable. It is the obligation of believers to see that a deceased person’s body is handled with due solemnity. II Right to Freedom a) Man is born free. No inroads shall be made on his right to liberty except under the authority and in due process of the Law. VII Right to Protection Against Torture No person shall be subjected to torture in mind or body, or degraded, or threatened with injury either to himself or to anyone related to or held dear by him, or forcibly made to confess to the commission of a crime, or forced to consent to an act which is injurious to his interests. VIII Right to Protection of Honour and Reputation Every person has the right to protect his honour and reputation against calumnies, groundless charges or deliberate attempts at defamation and blackmail. IX Right to Asylum a) Every persecuted or oppressed person has the right to seek refuge and asylum. This right is guaranteed to every human being irrespective of race, religion, colour and sex. b) Al Masjid Al Haram (the sacred house of Allah) in Mecca is a sanctuary for all Muslims. X Rights of Minorities a) The Qur’anic principle “There is no compulsion in religion” shall govern the religious rights of non-Muslim minorities.

b) In a Muslim country religious minorities shall have the choice to be governed in respect of their civil and personal matters by Islamic Law, or by their own laws. XI Right and Obligation to Participate in the Conduct and Management of Public Affairs a) Subject to the Law, every individual in the community (Ummah) is entitled to assume public office. b) Process of free consultation (Shura) is the basis of the administrative relationship between the government and the people. People also have the right to choose and remove their rulers in accordance with this principle. XII Right to Freedom of Belief, Thought and Speech a) Every person has the right to express his thoughts and beliefs so long as he remains within the limits prescribed by the Law. No one, however, is entitled to disseminate falsehood or to circulate reports which may outrage public decency, or to indulge in slander, innuendo or to cast defamatory aspersions on other persons. b) Pursuit of knowledge and search after truth is not only a right but a duty of every Muslim. c) It is the right and duty of every Muslim to protest and strive (within the limits set out by the Law) against oppression even if it involves challenging the highest authority in the state. d) There shall be no bar on the dissemination of information provided it does not endanger the security of the society or the state and is confined within the limits imposed by the Law. e) No one shall hold in contempt or ridicule the religious beliefs of others or incite public hostility against them; respect for the religious feelings of others is obligatory on all Muslims. XIII Right to Freedom of Religion Every person has the right to freedom of conscience and worship in accordance with his religious

beliefs. XIV Right to Free Association e) If parents are for some reason unable to discharge their obligations towards a child it becomes the responsibility of the community to fulfill these obligations at public expense. f) Every person is entitled to material support, as well as care and protection, from his family during his childhood, old age or incapacity. Parents are entitled to material support as well as care and protection from their children. g) Motherhood is entitled to special respect, care and assistance on the part of the family and the public organs of the community (Ummah). h) Within the family, men and women are to share in their obligations and responsibilities according to their sex, their natural endowments, talents and inclinations, bearing in mind their common responsibilities toward their progeny and their relatives. i) No person may be married against his or her will, or lose or suffer diminution of legal personality on account of marriage. XX Rights of Married Women Every married woman is entitled to: a) live in the house in which her husband lives; b) receive the means necessary for maintaining a standard of living which is not inferior to that of her spouse, and, in the event of divorce, receive during the statutory period of waiting (iddah) means of maintenance commensurate with her husband’s resources, for herself as well as for the children she nurses or keeps, irrespective of her own financial status, earnings, or property that she may hold in her own rights; c) seek and obtain dissolution of marriage (Khul’a) in accordance with the terms of the Law. This right is in addition to her right to seek divorce through the courts.

d) inherit from her husband, her parents, her children & other relatives according to the Law; e) strict confidentiality from her spouse, or ex-spouse if divorced, with regard to any information that he may have obtained about her, the disclosure of which could prove detrimental to her interests. A similar responsibility rests upon her in respect of her spouse or ex-spouse. XXI Right to Education a) Every person is entitled to receive education in accordance with his natural capabilities. b) Every person is entitled to a free choice of profession and career and to the opportunity for the full development of his natural endowments. XXII Right of Privacy Every person is entitled to the protection of his privacy. XXIII Right to Freedom of Movement and Residence a) In view of the fact that the World of Islam is veritably Ummah Islamia, every Muslim shall have the right to freely move in and out of any Muslim country. b) No one shall be forced to leave the country of his residence, or be arbitrarily deported therefrom without recourse to due process of Law.

APPENDIX B .

Human Rights

The Universal Declaration of

On December 10, 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and “to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories.” PREAMBLE Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United in larger freedom, Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. Article 1. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion,

national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. Article 3. Everyone has the right to life, liberty and security of person. Article 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 6. Everyone has the right to recognition everywhere as a person before the law. Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. Article 9. No one shall be subjected to arbitrary arrest, detention or exile. Article 10.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights & obligations & of any criminal charge against him. Article 11. (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense. (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. Article 12. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. Article 13. (1) Everyone has the right to freedom of movement & residence within the borders of each state. (2) Everyone has the right to leave any country, including his own, and to return to his country. Article 14. (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution. (2) This right may not be invoked in the case of prosecutions genuinely arising from nonpolitical crimes or from acts contrary to the purposes and principles of the United Nations. Article 15. (1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. Article 16. (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. (2) Marriage shall be entered into only with the free and full consent of the intending spouses. (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Article 17. (1) Everyone has the right to own property alone as well as in association with others. (2) No one shall be arbitrarily deprived of his property. Article 18. Everyone has the right to freedom of thought, conscience & religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Article 20. (1) Everyone has the right to freedom of peaceful assembly and association. (2) No one may be compelled to belong to an association. Article 21.

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. (2) Everyone has the right of equal access to public service in his country. (3) The will of the people shall be the basis of the authority of government; this shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. Article 22. Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. Article 23. (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. (2) Everyone, without any discrimination, has the right to equal pay for equal work. (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. (4) Everyone has the right to form and to join trade unions for the protection of his interests. Article 24. Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. Article 25.

(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing, and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection. Article 26. (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. (3) Parents have a prior right to choose the kind of education that shall be given to their children. Article 27. (1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. (2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. Article 28.

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. Article 29. (1) Everyone has duties to the community in which alone the free and full development of his personality is possible. (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. Article 30. Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

Author . Athanasios Papadopoulos Title . The notion of freedom in indonesia Universitas Negeri Yogyakarta

Tahun Akademik 2008/2009 Facultas Bahasa dan Seni Yogyakarta . 6/1/2009