Criticize the Constitutional Rights of Citizens on Era and Post Pandemic Covid 19 in State of the Republic of Indonesia

Suryawati, Nany (2020) Criticize the Constitutional Rights of Citizens on Era and Post Pandemic Covid 19 in State of the Republic of Indonesia. In: Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020). Advances in Social Science, Education and Humanities Research, Vol499 . Faculty of Law, Jenderal Soedirman University (UNSOED), Purwokerto, pp. 554-564. ISBN 978-94-6239-295-3

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Abstract

The Constitution of the Republic of Indonesia has been stated in Article 1 paragraph (3), that the State of Indonesia is a State based on law (rechtsstaat), which places recognition and protection of human rights especially the rights of citizens as the highest, and also shows the harmony of relations between the government and the people based on the principle of harmony. Based on this principle of harmony, developing other elements of the Pancasila Law State concept, namely: the establishment of a proportional functional relationship between the powers of the State, deliberation, and judicial dispute resolution is the last resort, and not only prioritizing rights or obligations, but rather emphasizing the balance between rights and obligations. This balance between rights and obligations by taking into account the needs of life of people who are Indonesian citizens. Based on this, the government has an obligation to pay attention to its citizens in difficult times, such as the current Covid 19 pandemic. In addition, the government needs to prepare itself for the post pandemic, through various policies. The fulfillment of the rights of citizens is balanced with the obligations that must be carried out by citizens, so that government programs and policies can be implemented optimally and provide the expected results with the achievement of goals and objectives precisely and multipurpose. Article 28H of the 1945 Constitution of the Republic of Indonesia (1945 Constitution), paragraph (1) states that every citizen has the right to live in prosperity physically and mentally, in a good and healthy environment and obtain health services. The government’s obligation to fulfill the rights of its citizens, but with the support of citizens to also carry out obligations as citizens to comply with government policies, so that a balance between rights and obligations is based on the principles of harmony and the concept of the Pancasila Rule of Law.

Item Type: Book Section
Uncontrolled Keywords: balance ; rights and obligations, the state of law of pancasila
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Prodi Ilmu Hukum
Depositing User: Pengolahan Perpustakaan
Date Deposited: 05 Jan 2021 05:47
Last Modified: 05 Jan 2021 05:47
URI: http://repositori.ukdc.ac.id/id/eprint/515

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