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11 Citizens' Rights in the Field of Law

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11 Citizens' Rights in the Field of Law

11 Citizens' Rights in the Field of Law
Nafiatul Munawaroh, S.H., M.HSi Pokrol
Si Pokrol
Bacaan 10 Menit
11 Citizens' Rights in the Field of Law

PERTANYAAN

What are the examples of citizens' rights in the field of law? Please explain citizens' rights in law as regulated in laws and regulations.

DAFTAR ISI

    INTISARI JAWABAN

    Citizens’ rights are special rights granted to citizens and these rights do not extend to foreigners. The rights of citizens are derived from and inherent in their citizenship. Meanwhile, citizens' rights in the field of law include rights related to legal and judicial matters. What are the examples of citizens' rights in the field of law?

    Please read the review below for a further explanation.

    ULASAN LENGKAP

    This article is an English translation of 11 Hak Warga Negara dalam Bidang Hukum, written by Nafiatul Munawaroh, S.H., M.H, and published on Friday, 26 May 2023.

    This article below is an update of the article entitled Citizens’ Rights in the Field of Law, which is first published on Wednesday, 8 June 2022.

    All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

    Definition of Citizens’ Rights

    Before answering your question about examples of citizens' rights in the field of law, it is necessary to first understand what citizens' rights are.

    According to Manfred Nowak, as cited in The Difference Between Human Rights and Citizens’ Rights, citizens’ rights are rights specifically given to citizens (in Bahasa Indonesia known as warga negara), and as long as the state regulates these rights do not extend to foreigners.

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    Meanwhile, Article 26 section (2) Law 39/1999 stipulates that everyone has the right to enjoy the rights derived from and attached to their citizenship and must carry out their obligations as citizens in accordance with statutory regulations.

    Examples of Citizens’ Rights in the Field of Law

    There are lots of types of citizens' rights. However, to answer examples of citizens' rights in the field of law, the scope of the answer will be narrowed down to rights covering legal and judicial matters. The rights of citizens in the field of law are as follows:

    1. The right to equality before the law and government.[1]

    Example: all citizens have the right to protection, certainty and equality before the law to be free from racial and ethnic discrimination (diskriminasi ras dan etnis).[2]

    1. The right to equal treatment before the law.[3]

    You can read a more detailed explanation of the right to equal treatment before the law in The Meaning of Equality Before The Law and Examples.

    1. The right to fair recognition, guarantees, protection, and legal certainty.[4]
    2. The right to be recognized as a person (individual) before the law.[5]
    3. The right not to be prosecuted on the basis of retroactive laws.[6]
    4. The right to be adjudicated according to law without discrimination.[7]
    5. The right to access a simple, speedy and low cost trial.[8]
    6. The right not to be arrested, detained, searched or seized except by written order of a legitimate authority.[9]
    7. The right to the application of the presumption of innocence.[10]

    Every person who is suspected, arrested, detained, prosecuted or brought before a court shall be presumed innocent until there is a court decision that states his guilt and has obtained permanent legal force.

    1. The right to claim compensation or rehabilitation if arrested, detained, prosecuted or adjudicated without reason based on law or mistaken person or law applied.[11]
    2. The right to have the case examined if it has been submitted to the court.[12]

    Courts are prohibited from refusing to examine, hear and decide cases that have been filed on the basis that the law does not exist or is unclear. Thus, the court is obliged to examine and adjudicate the case.

    These are the answers we can provide, we hope you will find them useful.

    Legal Basis:

    1. The 1945 Constitution of the Republic of Indonesia;
    2. Law Number 39 of 1999 on Human Rights;
    3. Law Number 40 of 2008 on the Elimination of Racial and Ethnic Discrimination;
    4. Law Number 48 of 2009 on Judicial Authority.

    [1] Article 27 section (1) The 1945 Constitution of the Republic of Indonesia (“1945 Constitution”).

    [2] Article 5 letter a Law Number 40 of 2008 on the Elimination of Racial and Ethnic Discrimination (“Law 40/2008”).

    [3] Article 28D section (1) 1945 Constitution.

    [4] Article 28D section (1) 1945 Constitution.

    [5] Article 28I section (1) 1945 Constitution.

    [6] Article 28I section (1) 1945 Constitution.

    [7] Article 4 section (1) Law Number 48 of 2009 on Judicial Authority (“Law 48/2009”).

    [8] Article 4 section (2) Law 48/2009.

    [9] Article 7 Law 48/2009.

    [10] Article 8 section (1) Law 48/2009.

    [11] Article 9 section (1) Law 48/2009.

    [12] Article 10 section (1) Law 48/2009.

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