International Journal of Research and Review Vol.7; Issue: 2; February 2020 Website: www.ijrrjournal.com Research Paper E-ISSN: 2349-9788; P-ISSN: 2454-2237

Implementation of Human Rights Friendly Principles in the District Government of Pakpak Bharat

Surya Nita

Faculty of Social Sciences, Universitas Pembangunan Panca Budi, , , 20122

ABSTRACT INTRODUCTION The protection, advancement, The regional government must pay special enforcement, and fulfillment of human attention to respect, to protect, and to fulfill of rights are the responsibility of the State, human rights to all citizens in the area. In this especially the government. It is reflected in case, the quality of services provided by local article 28I subsection (1) CONSTITUTION governments to the extent that local governments respect human rights in practice. 1945, and article 8 of LAW number 39 year Regions that have formulated into Regional 1999. Article 71 and article 72 LAW No. 39 Regulations and carried out the principles of of 1999 reinforce the responsibility, that the Human Rights District, namely Wonosobo Government is obliged and responsible for Regency. The Regional Government of Pakpak respecting, protecting, enforcing, and Bharat Regency is a government that has promoting human rights governed by the planned for a Human Rights Friendly District ACT, other legislative regulations, and with the formulation of a Regional Reporting International Law on Human Rights Plan in 2018, but it has not yet been approved in received by the Republic of Indonesia. the provisions of the Regional Regulation. These obligations and responsibilities Based on the explanation above, the problem is include effective implementation measures formulated as follows: What is the arrangement of the principles of Human Rights Friendly in the areas of law, politics, economics, District?; How is the application of the principle social, cultural, state security defenses, and of Human Rights Friendly District in the other areas. Regional Government of Pakpak Bharat The conception of responsibility Regency?. The principle of Human Rights means that the State's obligation to human Friendly Districts is the responsibility of the rights is an obligation for every state and Regional Government in respecting human government institution, including local rights, protecting and fulfilling human rights for governments. The executive, judicial and every citizen, especially those in the regions. legislative as well as other State institutions The application of the Human Rights Friendly both at the central and regional level assume District Principle to the Pakpak Bharat District responsibility for the respect, protection and Government is still in the plan of the Human Rights District Regulation of the Pakpak Bharat fulfillment of human rights for all citizens. Government, but in its development the Pakpak This conception that laid the groundwork Bharat Regency Government has implemented for the local government to also carry out to fulfill of human rights as stated in Law No. responsibility for the rights that have been 39 of 1999 concerning Human Rights, human established and secured in the Indonesian rights. Constitution and various statutory regulations. Keywords: Application, Regional Government, The tasks of local government Friendly, Human Rights, Pakpak Bharat related human rights can be classified in three main categories: the task to respect, the task to protect and the task to fulfill.

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Duty to respect means district officials departs from the idea that, in order for should not violate human rights with their international human rights norms and actions. This task requires that local standards to be effective, all townspeople governments refrain from hindering the must understand and understand human rights and freedoms of all persons in their rights as a framework for sustainable jurisdiction. For example, in connection development in their communities. The with the freedom to obtain employment. concept was launched in 1997 by the The obligation to protect the demands of people's Movement for human Rights measures to ensure that third parties do not Education, a nonprofit international violate the rights and freedoms of organization engaged in service. This individuals. In order to carry out the concept was further developed, primarily as obligation to fulfill individual rights in order a normative concept, by the world human not to be discriminated, local human rights Rights Cities Forum which takes place mechanisms such as Ombudsman or special annually in the City of Gwangju (Republic anti-discrimination agencies may be of Korea). established. The Gwangju declaration on the Local governments should pay Human Rights city passed on 17 May 2011 particular attention to the protection and defines the city of human rights as a local promotion of the rights of vulnerable groups community or socio-political process in a and disadvantaged groups, such as disabled, local context where human rights play a key ethnic minorities, indigenous peoples, role as Fundamental values and guiding victims of sexual discrimination, children principles. A human rights city requires a and seniors. In this regard, the quality of shared human rights governance in a local service provided by local governments to context, where regional governments, such groups "tests" the extent to which local regional parliaments (DPRD), civil society, governments respect human rights in private sector and other stakeholders work practice. The area that has formulated into together to improve the quality of Lives for the local regulation and is running the all people in the spirit of partnership based principle of human rights Regency, on human rights standards and norms. The Wonosobo regency. human rights approach to local governance The district government of Pakpak includes the principles of democracy, Bharat is a government that has planned the participation, responsible leadership, human rights district with the formulation of transparency, accountability, non- regulation regional design in the year 2018, discrimination, empowerment and legal but has not been ratified in the provisions of supremacy. The concept of the human rights local regulations. It was held a scientific city also emphasizes the importance of article with the title of the implementation ensuring broad participation of all actors of the human rights friendly Regency in the and stakeholders, especially the marginal Regency government of Pakpak Bharat. and vulnerable groups, and the importance of effective and independent human rights LITERATURE REVIEW protection as well as mechanisms The "Human Rights City" is one of monitoring involving everyone. This the initiatives developed globally with the concept recognizes the importance of aim of localizing human rights. This notion interregional and international cooperation is based on recognition of the city as a key and the solidarity of various cities involved player in the advancement and protection of in the advancement and protection of human human rights and generally refers to a city rights. The following factors can be referred whose government and population are to as the main reason that has led to the morally and legally governed by the emergence of "City of Human Rights": (a) principles of human rights. The initiative The shift from standard determination to

International Journal of Research and Review (ijrrjournal.com) 93 Vol.7; Issue: 2; February 2020 Surya Nita. Implementation of human rights friendly principles in the district government of pakpak bharat implementation, especially at the level of the concept of "right over the city" has been governance, i.e. local government, which instituted on a limited basis, for example the becomes the place Best for realizing human Brazilian City Regulation (2001), the rights, especially economic and social Montreal Charter on Rights and rights; (b) Global tendencies, beginning in Responsibilities (2006) and the Mexico City the 1980, toward the decentralization of Charter for the right to the City (2010). The government power – in fact, over the last latter mentions six fundamental principles few decades most countries in the world that are indispensable for the promotion of bestowed important authorities into local the right to the city: (a) The full governments; (c) A change in global implementation of human rights within a demographics: In 2008, for the first time in city; (b) The social functions of the city, history, more than half of the world's land and property; (c) Democratic population lives in large and small cities, management of the city; (d) The production and this number is expected to rise to nearly of democratic cities and production in the 5 billion in the year 2030. city; (e) Ongoing management and The city has a unique potential for responsible for the public property (natural human empowerment and for social and heritage, culture and energy resources) environmental problem solving. At the same existing in the city and its surroundings; and time, the city faces important challenges in (f) a democratic and fair city evenly. the field of social cohesion. In the presence The rights to the city are specifically of people from different regions and stipulated in the World Charter for the rights backgrounds that are often moved to the city to the City (2005), various organisations and in search of individual autonomy, citizens networks, including UNESCO and UN- and governments alike are trying to identify HABITAT, participating in the preparation a discourse that unites the population and of such important documents. This Charter forming a joint reference frame to establish defines the right to the city as the utilization mutual expectations between the city and its of a fair-equitable city in accordance with inhabitants. The Gwangju guiding principles the principles of sustainability, democracy, for the city of Human rights passed on May equality and social justice. This is the 17, 2014 in a meeting of the Fourth World collective right of citizens who give them human Rights Forum, contains the the legal right to act and administer, based principles of a human rights city as follows: on their respect for their differences, The right to the city; Non-discrimination expressions and cultural practices, with the and affirmative action; Social inclusion and intention of exercising their right to cultural diversity; Participatory democracy determine the fate Achieve a decent and accountable governance; Social justice, standard of living. The rights to the city are solidarity and sustainability; Political dependent on other internationally leadership and institutionalization; The recognised human rights, including civil, human rights mainstreaming; Coordination political, economic, social, cultural and of effective institutions and policies; environmental rights as defined by the Education and human rights training, and various human rights agreements the right to compensation. Other concepts International. are developed, both in doctrine and practice, which are essentially the same. One of them METHODOLOGY is the "right to the city" first proposed by the This research is a juridical research French philosopher Henri Lefebvre; This empirical by examining the implementation concept primarily refers to the rights of of the principle of human rights friendly citizens and the "users" of a city to Regency in the local government of Pakpak participate in local public affairs and Bharat North Sumatera Regency. establish a spatial layout of the city. So far

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The primary Data obtained from Elimination of any form of Racial Empris Juridical research by conducting discrimination 1965 (ratified by Law No. 29 FGD against the regional government of year 1999); International Convention on Pakpak Bharat is comprised of OPD and Economic and Socio-Cultural Rights village devices as well as indigenous (ratified by Law No. 11 year 2005); and the peoples and leaders in 2018 during the International Convention on Civil and academic script. In addition to using Political Rights (ratified by Law No. 12 of primary data obtained also secondary data in 2005). In addition, human rights are also the form of official documents, books governed by specific laws regarding the related to the research object, the results of protection of women, the children, and research in the form of reports, and laws and others. regulations. Secondary Data consists of: Under the provisions of article 28A-28J of 1). Primary legal Data Law 1945, human rights are covered: The legal material consists of the following 1. The right to life and the right to sustain legislation: In the Constitution 1945 article life and life. 28I subsection (1) mentioned that the 2. The right to establish a family and protection, advancement, enforcement, and continue descent through legitimate fulfillment of human rights are the marriage. responsibility of the State, especially the 3. The right of the child on the survival, government. Article 8 of law No. 39 year growing, and developing as well as the 1999 of human Rights. Article 71 and article child's right to protection from violence 72 ACT No. 39 Year 1999 and and discrimination. 2). Secondary legal Data 4. The right to develop themselves through The legal material consists of book the fulfillment of basic needs, the right literature, legal papers and internet related to gain education and benefit from to the formulation of research issues. science and technology, arts and culture, 3). Tertiary Law Data to improve the quality of his life and for Legal material consisting of legal the welfare of mankind. dictionary, Encyclopedia (wikipedia). 5. The right to advance himself by Qualitative descriptive by describing the championing his rights collectively to overall research result by analyzing on the build society, nation and country. principle of human rights-friendly regency 6. The right to acknowledgement, in the implementation of the District guarantee, protection, and fair legal Government of Pakpak Bharat. certainty and the same treatment before the law. RESULTS 7. Right to work and be rewarded and fair The setting of the principles of the and appropriate treatment in working human rights city in Indonesia is a setting relationship. on the human right in Indonesia which can 8. Right to gain equal opportunity in be seen in the 1945 Act of the 2nd government. Amendment, Law No. 39 year 1999 on 9. Rights to his nationality status. Human rights, as well as various 10. The free right to embrace religion and conventions The Indonesian human rights worship according to religious, choose that have been in session with the Republic education and teaching, choose a job, of Indonesia. Among other things: ILO choose citizenship, choose a residence in convention on the Elimination of Forced the country and abandon it, and the right Labour (ratified by law No. 19 year 1999); to return. ILO Convention on the Minimum age to be 11. The right to freedom of belief, allowed to work (ratified by Law No. 20 of expressing thoughts and attitudes, 1999); International Convention on the according to the conscience.

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12. The right to freedom of union, assembly, Meanwhile, under the provisions of the law and issuing opinions. No. 39 year 1999 on Human rights, human 13. The right to communicate and obtain rights are divided into at least 10 (ten) types information to develop personal and of rights, namely: social environment, 1. Right to Life 14. The right to seek, acquire, possess, store, 2. Family rights process, and convey information using 3. The right to develop all types of channels available. 4. Right of obtaining justice 15. The right to protection of personal self, 5. Right to personal freedom family, honour, dignity, and property 6. The right to security under his control, 7. Right to welfare 16. The right to security and protection from 8. Right to participate in government the threat of fear of doing or not doing 9. Women's rights, and something of a human right. 10. Child rights 17. The right to free from torture or the Obligation to respect: the state has degrading treatment of human dignity an "obligation to respect" (obligation to 18. Right to obtain political asylum from respect) means that the State is obliged to other countries. refrain from intervening, except for lawful 19. Prosperous and inner life rights, law (legitimate). This obligation contains dwelling, and gaining a good and prohibitions of certain actions that may healthy living environment impair the rights. For example, with regard 20. Right to obtain health services. to the right to education, it means that the 21. The right to obtain convenience and Government must respect the freedoms of special treatment for the same parents to establish private schools and to opportunities and benefits in order to ensure that religious and moral education of achieve equality and fairness. their children according to their beliefs own. 22. The right to social security that allows Obligation to protect: the state has for the full development of itself as a an obligation to protect its rights not only dignified human. against violations made by the State, but 23. The right to have a private property and also against violations or actions taken by such proprietary rights shall not be taken entities or other Parties (non-states) that over arbitrarily by anyone would interfere with Protection of human 24. Right to life, the right to not be tortured, rights. The State's obligation to respect is the right of freedom of mind and the most basic obligation. The state has conscience, religious rights extensive authority in connection with this 25. The right not to be enslaved, the right to obligation. For example, the right to be recognized as a person before the personal integrity and security requires the law, and the right not to be prosecuted in state to combat the widespread phenomenon retroactive legal grounds is a human of domestic violence against women and right that cannot be reduced under any children. Although not every violent act circumstances committed by a husband to his wife, or by 26. The free right of the treatment is parents to their children, is a violation of discriminatory on any basis and the right human rights, which may be the state to obtain protection against such responsible, the government has a discriminatory treatment. responsibility to Take positive action--to 27. Identity rights of cultural and traditional reduce the incidence of domestic violence. peoples ' rights are respected in Obligation to comply: countries are accordance with the development of required to take positive action to ensure times and civilizations. that human rights can be implemented. It is the obligation of the State to take legislative,

International Journal of Research and Review (ijrrjournal.com) 96 Vol.7; Issue: 2; February 2020 Surya Nita. Implementation of human rights friendly principles in the district government of pakpak bharat judicial, and practical administrative can be organized centralised. Especially measures, which are necessary to ensure the given the geographical condition, the implementation of human rights. In complexity of the development of society, connection with the right to education, for the diversity of local social and cultural example, the State must provide ways and structures as well as the demands of means for free basic education and democratization in governance. mandatory for all, free secondary education, The authority of the local higher education, vocational training, adult government in regulating human rights education, and blind elimination Letters reaffirmed with the emergence of the joint (including steps such as establishing a regulation of the Minister of Law and sufficient public school or providing enough Human Rights and the Minister of Home teachers). Affairs No. 20 of 2012 and 77 year 2012 on Under the provisions of the Constitution human rights parameters in Establishment 1945, basically everyone is obliged to of regional legal products. respect the human rights of others in order The duties of human rights local of community life, nation and state. government can be classified in three main Nevertheless, in exercising its rights and categories, namely: the task to respect, the freedoms, each person shall be subject to a obligation to protect and the task to fulfill. limitation set by law with the sole intent to Duty to respect means that local officials ensure recognition and respect for the rights should not violate human rights through and freedoms of others and to Meet fair their own actions. The local government demands in accordance with moral needs to refrain from actions that could considerations, religious values, security, disrupt its citizens enjoying its rights and and public order in a democratic society. freedom in its jurisdiction. For example, in The local government is a relation to religious freedoms, the local decentralized principle executive where the government must not prohibit religious central government submits some of its believers, outside the allowable boundaries, business to the area to be managed to use public spaces or city buildings for independently. In this context the local religious celebrations. In respect of health government is given the freedom to regulate rights, the local government may not revoke itself in order to implement regional certain public or group access to health care autonomy, among others through the facilities. issuance of regional legal products. Through Pakpak Bharat Regency is a regency its authority, the local government is of province. Pakpak Bharat essentially a good opportunity to implement Regency was formed under the law No. 9 the idea of the emerging human rights city. year 2003 on the formation of South Nias The local government has the responsibility Regency, Pakpak Bharat Regency, and of the State's obligations in the exercise of Humbang Hasundutan Regency in North human rights. Nationally, human rights have Sumatera province. become part of Indonesian law. Geographically, Pakpak Bharat Responsibility, authority and duty of Regency is located on line 2015 ' 00 ' '-3032 the local Government on human rights ' 00 "North latitude and 96000 ' 00 ' '-98031 pursuant to article 18 Constitution 1945, the ' 00 ' ' East longitude. The north is bordered implementation of local love is done by , the east by Toba Samosir decentralised through the provision of Regency, south to Aceh knocked out and regional autonomy. The implementation of a Humbang Hasundutan Regency, and in the decentralized principle in the administration west with Aceh knocked out district. The of this government can be said to have been overall area of Pakpak Bharat Regency is universally accepted as a solution of a 1,218.30 km2, consisting of 8 (eight) sub- condition that not all governmental matters districts namely Salak Sub-district,

International Journal of Research and Review (ijrrjournal.com) 97 Vol.7; Issue: 2; February 2020 Surya Nita. Implementation of human rights friendly principles in the district government of pakpak bharat government district, Sitellu Tali Urang Jehe reform and governance. These priorities are subdistrict, Tinada subdistrict, Siempat an important part of the fulfillment of Rube Sub-district, Sitellu Tali Urang Julu human rights, which is not only related to subdistrict, Pergetteng Getteng Sengkut granting access, but already at the stage to subdistrict and Pagindar subdistrict. (The improve the quality of service, in this case is central statistical body of Pakpak Bharat, the improvement of education and health regency of Pakpak Bharat in numbers 2017, quality, as well as the improvement of life 2017) Meanwhile, the total occupation of quality with poverty reduction programs, Pakpak Bharat in 2016 was 4.6392 people economic development of the people, and with a composition of 50.42% males and quality of infrastructure. In the context of 49.58% of females. (The Central Statistical human rights, the advancement in the Body of Pakpak Bharat, Regency of Pakpak fulfillment of the right of the right to Bharat in Numbers 2017, 2017) education, health, and welfare is a form of Pakpak Bharat Regency has a high human rights implementation that is commitment in implementing the progressively realization. development agenda in the region through In addition to the commitment and various fulfillment of citizens ' rights in implementation of human rights, the relation to public service. The Agenda for regional government of Pakpak Bharat has development and public service creates also conducted the mainstreaming of human satisfactory access to the respect, promotion rights for local government Apafrat. This and protection of human rights. This is not effort is done by working with various separated from the commitment of local institutions, including National Commission government and regional head of Pakpak of Human Rights and Infid. Training to Bharat in the advancement, protection, and local government Staff and civil society fulfillment of human rights, which is based organisations on human rights. on goodwill to carry out its vision and The policies and implementation of mission and provide excellent service to the this make Pakpak Bharat district can be Community and development to achieve considered to carry out the adequate human prosperity. The fulfillment of human rights rights agenda and gain recognition from is also based on implementing a good public various circles. This is evident from the service in line with the implementation of concern as the city/district Care about the affairs to the local government in the Human Right five times in a row from 2013 form of 26 mandatory affairs and 8 selected to 2017 from the Ministry of Justice and affairs as stipulated in PP 38 year 2007 on Human rights. That aspect of the assessment the Division of government Affairs between in the district/city concerned human rights, the Government, the distribution of for example the 2017 award, includes the provincial districts, and the local right to health, education, women and government of the Regency/city. children, population, occupation, sustainable (https://www.pakpakbharatkab.go.id/berita/ environment, and the implementation of the 2014-11-05/bupati-pakpak-bharat- action of human rights 2016-2017. This narasumber-rakor-panitia-ranham-provinsi- assessment process was conducted through dan-kab-kota) a questionnaire given by Kemenkum HAM The commitments are also seen in by looking at the mission vision of Pakpak development priorities in the year 2018 Bharat Regency, Policy, RPJMD, Rensta 5 which include: (i) improving the quality of years, a yearly work plan across all regional education organizing; (ii) Improving the devices. quality of health services; (iii) accelerated As a record, the central government poverty reduction; (iv) The economic also recognizes the achievement of human development of the District; (v) Improved rights by inviting the regent of Pakpak infrastructure quality; and (vi) bureaucracy Bharat, Remigo Y. Berutu, as the only

International Journal of Research and Review (ijrrjournal.com) 98 Vol.7; Issue: 2; February 2020 Surya Nita. Implementation of human rights friendly principles in the district government of pakpak bharat regional chief who participated in the of the regent of Pakpak Bharat Regency Indonesian delegation to the "27th session Government. of the Universal Periodic Review" (UPR) of Human Rights in Geneva, Switzerland in REFERENCES May 2017. Other recognition is the 1. Badan Pusat Statistik Kabupaten Pakpak participation of the district representative of Bharat, Kabupaten Pakpak Bharat Dalam Pakpak Bharat in the 7th World human Angka 2017, Agustus 2017. 2. INFID, Panduan Human Rights City, 2016. Rights City Forum or the World Human International Council on Human Rights Rights Cities Forum (WHRCF) in Gwangju Policy, “Local Government and Human of South Korea in 2017, where the Regent Rights: Doing Good Service”, Versoix, Pakpak Bharat was honored to be the Switzerland, 2005. speaker in the event and read the final 3. Kabupaten Wonosobo, Naskah Akademis statement which is a declaration of the Rancangan Peraturan Daerah Kabupaten activity. Wonosobo Ramah Hak Asasi Manusia, (https://www.pakpakbharatkab.go.id/berita/ 2015. 2014-11-05/bupati-pakpak-bharat- 4. Constitution of the unitary State of the narasumber-rakor-panitia-ranham-provinsi- Republic of Indonesia 1945; dan-kab-kota) 5. Law No. 20 of 1999 on ILO's endorsement of the Minimum age to be allowed to work;

6. Law No. 29 of 1999 on the ratification of CONCLUSION the International Convention on the Based on the explanation above, the Elimination of any form of racial following conclusions: discrimination 1965; 1. That the principles of the human rights 7. Law of the Republic of Indonesia number friendly Regency is the responsibility of 39 year 1999 on Human Rights; the local government in awarding the 8. Decree of the Minister of Justice and human right, protecting, and fulfilling Human rights RI number: M. HH-01. HA. human rights for every citizen, 02.02 year 2017 on determination of especially those in the region. Regency/city caring for human rights 2. Implementation of the principle of 9. Law Number 11 year 2005 concerning the ratification of the International Covenant on human rights friendly Regency in the Economic and Socio-cultural rights; district government of Pakpak Bharat is 10. Law number 12 of 2005 about the still in the plan of regional regulation of International Covenant on Civil and the local human rights government of Political Rights; Pakpak Baharat, but in the development 11. The Law of the Republic of Indonesia No. of the Regency government Pakpak 12 of 2011 concerning the establishment of Bharat has implemented Fulfillment of statutory regulations; human rights as stated in Law No. 39 12. Republic of Indonesia Law No. 23 of 2014 year 1999 of Human rights, human concerning local government; rights are divided into at least 10 (ten) 13. Joint Regulation of the Minister of Justice types of rights, namely: the Right to life; and Human Rights and Minister of Home Affairs No. 20 of 2012 and 77 year 2012 on Family rights; The right to develop human rights parameters in the themselves; Right to obtain justice; establishment of regional legal products; Right to personal freedom; Right to the sense of AMA; Right to welfare; The How to cite this article: Nita S. Implementation right to participate in the Government, of human rights friendly principles in the district the rights of women, and the rights of government of Pakpak Bharat. International children listed in some regional Journal of Research and Review. 2020; 7(2): 92- regulations or implementing regulations 99.

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