Definition of Rights According to Experts – Every free human being has the right to himself and other rights as a citizen. The provisions of this right can be said to be something that is fully realized by someone to want to do or not related to the rights they have. Everything related to rights cannot be imposed if an individual chooses not to do so.
The right is the power to do something. Of course, everyone living in that country has the same rights. The right becomes a power possessed by humans from birth even before birth.
In the Big Indonesian Dictionary, rights are forms of truth, property, authority, power, rank and power according to law. Therefore, every citizen has the right to live and live safely.
Rights and obligations are things that cannot be separated, but often become conflicts because of their imbalance. Right is the power to obtain something that should be owned by a certain party, but cannot be obtained by another party which in principle can be sued.
The right is the power that everyone has to do or do something. Everyone has their own rights and the rights of each individual are different.
Fulfillment of rights or human rights is guaranteed by law. Implementation of human rights is also part of international agreements. In addition to human rights regulated by law, various rights are also regulated, including legal rights and moral rights.
For this reason, Readers who want to understand more about the meaning of these rights, in this discussion, we have provided various related information that Readers can see wherever and whenever you are.
Further discussion regarding the meaning of rights can be seen below!
Definition of Rights
In the Indonesian Dictionary, rights mean something that is right, belonging, mastery, power, power, to do something (because it is required by law, regulations, etc.), claim rights to something or something, title or rank and authority according to law . Such as the right to life, the right to live with dignity, the right to education, the right to express opinions orally and in writing, the right to equality before the law, etc.
Throughout history, the issue of rights is relatively younger than the issue of obligations, even though it was born earlier. The subject of rights was officially “born” in 1948 through the UN Declaration of Human Rights, while the subject of obligations (in general) previously appeared through religious teachings that humans must worship God and do good to others.
Everyone has different rights and obligations depending on, for example, their status or position in society. Before discussing further about rights and obligations, the author wants to explain the meaning of rights and obligations. K. Bertens explains in his book Ethics that in ancient Roman thought the word ius-iurus (Latin: Right) meant law only in an objective sense. This means that rights are seen as a set of laws, rules and institutions that regulate people’s lives in the public interest (law in the sense of law, not rights).
Rights in the subjective sense were not owned by anyone at the end of the Middle Ages, namely the ability of a person to control something or do as he pleased (not law per se). After all, the law at that time was a subjective law that reflected the law in an objective sense. Rights and obligations have a close relationship. Obligations are divided into two types, namely perfect obligations which always involve the rights of others, and imperfect obligations which do not involve the rights of others. Perfect obligations have a legal basis, whereas imperfect obligations have a moral basis.
Definition of Rights According to Experts
Some experts give their opinions to provide an overview of what is meant by rights. This is the definition of rights according to an expert.
1. Definition of Rights according to Soerjono Soekanto
Soerjono Soekanto divides rights into two parts, namely relative rights or which can be interpreted as unidirectional rights and absolute rights or which can be interpreted as rights with plural directions.
Relative rights or one-way rights mean that relative rights are contractual rights or can be called binding rights. Examples of relative rights could be a person’s ability to collect profits or even the right to pay benefits.
Then for absolute rights or rights that contain plural directions in the form of rights contained in laws regulated by the state. We can call it a constitutional right. In addition, other forms of absolute rights are personal rights, namely the right to life and the right to liberty; property rights over intangible goods in the form of trademarks and copyrights; and family rights in the form of child custody, spousal and parental authority.
2. Understanding the rights of Prof. Dr. Notonegoro
Prof. Dr. Notonegoro explained his opinion about the concept of rights, that rights are the power or ability of a person to carry out various activities such as. B. to receive, do, and have something that an individual must receive, do, and have. The rights granted to a person cannot be shared or transferred to another person. That is why everyone gets different rights according to their share.
3. Definition of Rights according to John Salmond
John Salmond divides the concept of rights into four versions, namely rights in the narrow sense, rights in the sense of independence, rights in the sense of power and finally rights in the sense of immunity or inviolability. For rights in a narrow sense, it means that rights are a concept that is often referred to as a partner of the tax concept.
Although rights, in the sense of freedom, mean that rights give individuals the freedom or power to do, receive or even have whatever the individual has, the point is that nothing is offensive or disruptive and anything negative must have meaning.
Thus, the exercise of these rights does not impede or take over the rights of others. According to power, rights mean that the rights obtained by a person can be used to deal with legal means and means, in other words, rights can be used to obtain rights, obligations, responsibilities or other things that still exist, namely to change relationships. by law.
And the last is rights in the sense of protection or can also be called immunity rights, namely rights that have the potential and power to free someone from the power of another person’s law.
4. Curzon’s definition of rights
Curzon classifies rights into five types, namely absolute rights, positive rights, primary rights, public rights, and property rights. First, absolute rights are rights that can be realized and legally enforced. Second, positive rights are rights, actions or activities to claim. Third, basic rights are legal forms that are explained by other rights, because they have the task of completing basic rights with secondary rights from primary rights.
Fourth, public rights are rights that apply in the general environment, whether in groups, in society, or even within the state, and civil rights reside in individuals. Finally, property rights are rights related to the ownership of things, and personality rights refer to the status or worth of a person.
5. Definition of Rights according to Prof. RMT Sukamto Notonagoro
Prof. RMT Sukamto Notonagoro expressed his views on the notion of rights that rights are authorities when a person is given the authority to receive or do something he wants and gets or has to do.
This right cannot and cannot be transferred to other people, therefore other people cannot use and receive it. The rights and obligations of citizens have the right to sue those involved.
Types of Rights
1. Legal Rights and Moral Rights
Legal rights are rights that are based in one form or another on law. These legal rights talk more about legal or social issues. For example, if the rule is that military veterans receive a monthly stipend, then any veteran who meets the specified requirements is entitled to receive the stipend.
Moral rights are based only on ethical principles or rules. Moral rights are more solid or individual. For example, when an employer pays low wages to women who work in his company, even though their work performance is the same as the men who work in his company.
In this way, the employer is exercising his legal rights, but violating the moral rights of the women employed in his company. This example makes it clear that legal rights are not the same as moral rights.
L. Beauchamp argues that there are legal rights and moral rights, these rights are called customary rights. For example, if I become a member of the Indonesian futsal club, I get some rights. Generally, these rights arise because people are subject to mutually agreed rules and agreements. Traditional rights differ from moral rights in that they depend on rules agreed upon with other members, and they differ from legal rights in that they are not enshrined in the legal system.
2. Positive rights and negative rights
Negative rights are negative rights when I have the freedom to do or receive something, in the sense that other people cannot prevent me from doing or receiving it. Example: right to life, right to express opinion
A positive right is a positive right if I have the right to make someone else do something for me. For example: the right to education, services and health. We must pay attention to negative rights because these rights are further divided into two parts, namely: active and passive rights.
The active negative right is the right to do or not do whatever the person wants. For example, I have the right to go where I want or say what I want. This active right can be referred to as the right to liberty. Passive negative rights are rights that cannot be used by others in a certain way. For example, I have the right not to interfere in my personal affairs, not to reveal my secrets, not to damage my reputation. This passive right can be called security right.
3. Special rights and general rights
Special rights arise in special relationships between several people or because someone has special obligations towards other people.
if we borrow Rp. 10,000 from another person with a promise to return it within two days, then the other person gets the rights that belong to the other person. Human rights are not owed to people by a particular relationship or role, but simply because they are human. Everyone is entitled to this right without exception. In our country Indonesia, this is called “human rights”.
4. Individual rights and social rights
Individual rights refer mainly to the rights that individuals have in relation to the state. The state may not prevent or hinder individuals from exercising their rights. For example:
the right to have a religion, the right to follow one’s conscience, the right to express one’s opinion, we must remember that all of these individual rights include what we talked about earlier, negative rights.
Social rights are not only rights for the benefit of the state, but as members of society together with other members. These are called social rights. Example: Right to work, right to education, right to health, rights in positive terms.
5. Absolute Rights
Absolute or absolute rights are unqualified rights that apply everywhere, not affected by situations and circumstances. However, there are no absolute rights. According to ethicists, most rights are prima facie or prima facie, meaning that they last until overridden by other, stronger rights. Everyone has the right to life and that is a very important right.
People have the right not to kill, but this does not apply in all circumstances without rational justification. A person who survives an attack has the right to kill if there is no other choice. Another example is a citizen whose duty is to defend his homeland in a state of war. These two examples are examples where the right to life should be important and can be considered as an absolute right, but in fact it has been lost due to sufficient circumstances, conditions and causes.
Freedom is also a very important right, but this right cannot be called an absolute right, because this right can also override other rights. People with mental disorders who endanger the surrounding community are put in a mental hospital even if they refuse. That person’s freedom is his right, but that right eventually disappears from the rights of people who feel their lives are threatened.
Examples of Rights in the 1945 Constitution
1. The right to work and a decent living:
“Every citizen has the right to work and livelihood with dignity” (Article 27 paragraph 2).
2. The right to live and defend life:
“Everyone has the right to live and has the right to defend his life and livelihood.” (Article 28a).
3. The right to form a family and raise children through a legal marriage (Article 28B paragraph 1).
4. The right to survival.
“Every child has the right to live, grow and develop.”
5. The right to self-development
Through the fulfillment of basic needs and the right to education, science and technology, art and culture to improve the quality of life for the benefit of human life. (Section 28C(1))
This is a brief discussion of the definition of rights. The discussion this time does not only discuss the definition of rights but also discusses further how these rights can be obtained and then there is an understanding according to the opinions of experts, knowing the types, and knowing examples of the rights themselves.
Understanding the meaning of rights gives us additional knowledge about the various rights that we can obtain as human beings and as citizens who need to receive equal treatment without discrimination.