Definition of Rights – Readers, who is not familiar with the term rights? Readers must have often heard and even been familiar with the term rights in everyday life. The term right itself is usually included in a package with the term obligation. Yep, rights and obligations.
The term rights themselves are usually related to something that humans get after they successfully carry out or complete their obligations. In fact, the rights of a human being are inherent and become natural since a human being is born. A newborn human will automatically get rights and obligations.
Basically all humans will get their rights after they do and complete their obligations. Are the rights and obligations that each person has the same? Obviously not, the rights and obligations possessed by every human being certainly have different contents and uses.
The differences in rights and obligations received by humans are adjusted to several aspects that they have. These aspects make the rights and obligations of each human being different. We can mention some of these aspects, for example, aspects of the level of title, position or position that everyone has in a certain environment that is occupied by that human.
There is a brief understanding of the rights and obligations of one expert named K. Bertens. He explained this brief understanding in his essay book which he entitled Ethics.
In his book he explained that there were several opinions conveyed through ancient Roman thought (from the word ius-iuris) that rights can also be seen as rules that are usually contained in laws, also rights can be seen as several institutions that are given the power to regulate the course of people’s lives with the aim of creating general welfare (being in law which means law, and not right).
It is said that when the world was still in the Middle Ages, the word ius was interpreted as a subjective word which meant that it was not interpreted as an object that belonged to someone. However, ius has the meaning of a person’s ability or habit to master something and own it (meaning right, not law).
Thus, a conclusion and final result can be drawn that rights are something subjective and tangible as a reflection of objective law. Rights are something that is usually considered as an award for every individual who has completed their obligations and they are entitled to get it.
Readers needs to know that not all obligations that have been completed will get their rights. Why is that? Because after we did a number of searches regarding rights, it turned out that there are several types and types of rights that are considered to be quite complex.
In this article, we will invite Readers to study, understand, recognize, and memorize the meaning of one of the two things above, namely rights. We will invite Readers and provide all the information, especially information regarding the meaning of the right itself, the types of rights along with simple examples, as well as several examples of articles in the 1945 Constitution which contain rights.
Definition of Rights
As Readers knows, the term rights is not a term that feels foreign to hearing and reading in everyday life. We will mention and explain the meaning of rights from various existing perspectives. Below we will explain the meaning of rights in general, in language or according to KBBI, and according to the opinions of experts.
1. Definition of Rights in General
In general, rights are opportunities given to each individual to be able to get, do, and have something that individual wants.
An individual who gets the right has the potential to realize that they have the power and ability to get, do, and have something. In addition, rights can make an individual aware of their limits in what they may or may do and cannot do.
The right to take an important role and position in various aspects of an individual’s life. These aspects can be sampled such as aspects of an individual’s life in living and adapting in the community environment that is in a group. There are several factors that encourage the creation of rights, namely there are social boundaries, ethical boundaries, to the law.
2. Definition of Rights According to Language or KBBI
According to language or we can take references from KBBI (Big Indonesian Dictionary), rights can be interpreted as a form of authority, a power that allows an individual to act (on the basis of law because this matter has been regulated and determined by law or certain rules), as well as absolute power based on something or functioned to demand something.
Still regarding rights, when Readers talks about rights, a statement will immediately emerge that rights are a device that is universal in nature that has been attached to or exists in an individual or every human being since they were born into the world.
These universal rights or devices are very fair because they apply to everyone and regardless of any differences inherent in these humans, such as gender, religion, skin color, cultural group, nationality, caste, profession, and many more. The types of rights that have the meanings and characteristics as described above have a special name, namely Human Rights and we have already mentioned them earlier.
3. Definition of Rights According to Expert Opinions
There are several experts who contribute their opinions in providing an overview of the meaning of rights. The following is the definition of rights in the opinion of experts.
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 which have a plural direction.
Relative rights or unidirectional rights mean that relative rights are a form of rights formed from an agreement or can be called the law of engagement. Relative rights can be exemplified by a person’s ability to collect their achievements or even the right to pay off their achievements.
Then while for absolute rights or rights that have a plural direction in the form of a right contained in a law regulated by the state. We can call it constitutional law. In addition, other forms of absolute rights are personality rights in the form of the right to life and the right to liberty; ownership rights to an immaterial object in the form of brand rights and copyrights; as well as family rights in the form of child custody, husband and wife, and parental custody.
2. Definition of Rights According to Prof. Dr. Notonegoro
Prof. Dr. Notonegoro explained his opinion regarding the notion of rights that rights are the power or ability of an individual to be able to carry out several activities such as receiving, doing, and possessing something that the individual should have received, done, and owned. Rights that have been assigned to an individual cannot be distributed or transferred to other individuals. That is the reason why each individual receives different rights according to their portion.
3. Definition of Rights According to John Salmond
John Salmond divides the notion of rights into four versions, namely rights in the narrow sense, rights in the sense of independence, rights in the sense of power, and the last is rights in the sense of immunity or immunity. For rights in the narrow sense it means that rights are a term that is generally known as a partner of the term obligation.
While rights in the sense of independence have the meaning that rights give freedom or power to an individual in doing, receiving, even possessing everything that the individual has but with the bottom line that something is not meant to violate, disturb, and all things that have a negative meaning . That way, the exercise of these rights will not interfere with or seize the rights of other individuals.
Then for rights in the sense of power has the meaning that the rights received by an individual are used to go through legal ways and methods, in other words rights can be used to change rights, obligations, responsibilities or other things that still have relationship with the law.
And the last is the right in the sense of immunity or can also be called the right of immunity is a right that has the potential and power to free an individual from the legal power of another individual.
4. Definition of Rights According to Curzon
Curzon classifies rights into five types, namely perfect rights, positive rights, primary rights, public rights, and property rights. First, perfect rights are types of rights that can have the potential to be implemented and enforced through legal channels. Second, positive rights are rights to demand an action or action. Third, the main right is a form of right that is clarified by other rights, as for additional rights in the main right, its use is to complement the main right.
Fourthly, public rights are rights that apply in the general environment, both in groups, in society, and even in the state, and civil rights exist in an individual. And finally, property rights are rights that have a relationship with the ownership of goods and personal rights have a relationship with the position or rank of an individual.
5. Definition of Rights According to Prof. RMT Sukamto Notonagoro
Prof. RMT Sukamto Notonagoro expressed his opinion regarding the meaning of rights, that rights are an authority in which an individual has the authority to accept or do something he wants and that individual should receive or do. This right cannot and cannot be given to other individuals, so that it cannot be exercised and accepted by other individuals. Rights and obligations owned by citizens, have the power to be prosecuted by the parties concerned.
Famous Types of Rights
There are several types of rights that are well-known and often mentioned, these rights include absolute rights, positive rights and negative rights, legal rights and moral rights, special rights and general rights, as well as individual rights and social rights.
1. Types of Absolute Rights
Absolute rights are defined as rights that have absolute or absolute without exception, absolute rights can apply anywhere as long as they are not influenced by certain situations and circumstances. However, it should be noted that there are no absolute rights. According to ethics experts, the majority of existing rights are prima facie rights or rights that occur at first sight. This means that the right has a time limit, aka the right is only valid until it is defeated by other rights that are more proven and stronger.
Examples of absolute rights: absolute rights can be compared with human rights, but they are not absolute rights.
2. Types of Positive and Negative Rights
Negative rights are types of rights that have a negative nature, these rights can be described with examples such as if I have the freedom to do something or have something, then other people may not prevent me from doing or having that thing. Examples of negative rights: the right to live and live life, the right to express thoughts and opinions.
Positive rights are types of rights that have positive characteristics, these rights can be described by example as if I have the right that other people may do something for me. Examples of positive rights: the right to receive education, the right to receive services, and the right to receive health care.
3. Types of Legal Rights and Moral Rights
Legal rights are types of rights that make law the basis and basis for forming these rights. The discussion contained in this legal right mostly talks about legal truth. An example of legal rights: issuance of rules regarding the budget for benefits received by veterans each month.
Meanwhile, moral rights are rights that use ethnic principles and rules as the foundation used to form these rights. Moral rights have characteristics that tend to be more individual or solidarity. An example of moral rights: the occurrence of giving unequal salaries even though both of them provide equally good work performance. From this it can be concluded that this superior succeeded in exercising his legal rights but he failed to exercise his moral rights by violating these rights.
According to TL Beauchamp, it is true that there are legal and moral rights, these rights can be called conventional rights.
4. Types of Special Rights and General Rights
Special rights arise in a certain relationship that occurs between several individuals or because it has a special use that is owned by one individual against another individual. Example: if Person A borrows Rp. 35,000 from Person B. Then Person A promises to return the money within three days, then Person B will get the rights that belong to Person A.
General rights can be owned by an individual not because of a special relationship or use, but because he is an individual. General rights can be owned by all individuals without discriminating in any aspect. Now, as we mentioned earlier, this right is also called Human Rights .
5. Types of Individual Rights and Social Rights
Individual rights are defined as the rights that individuals have against their country. The state is strictly prohibited from hindering or interfering with individuals who are also citizens in realizing and achieving the rights that these individuals have. Examples of individual rights: the right to have a religion, the right to follow one’s heart, the right to express thoughts and opinions.
Social rights have a relationship not only to the rights of interests against the State, but these rights also concern individuals as members of society along with other individuals. Examples of social rights: the right to get and do work, the right to education, the right to receive health services.
Examples of Rights in the 1945 Constitution
According to the 1945 Constitution book, there are several rights over Indonesian citizens that are listed in the 1945 Constitution. The following are some examples of the sound of rights listed in the 1945 Constitution.
1. The right to have a decent job and life from article 27 paragraph 2.
2. The right to live and defend their life from article 28A.
3. The right to have a family and have children through a legal marriage process is stipulated in Article 28B paragraph 1.
4. The right to obtain and receive a proper and complete education is stipulated in Article 28C paragraph 1.
5. The right to take over and participate in community activities is stipulated in Article 28C paragraph 2.
6. The right to guarantee protection and be protected by law from article 28D paragraph 1.
7. The right to live properly in the context of not being tortured and enslaved as well as being free and independent as an individual from article 28I paragraph 1.
So, that’s information about the meanings of rights from various existing aspects, along with the types of rights and examples of rights contained in the 1945 Constitution. Rights are something that must be obtained by each individual and each individual has different rights too. according to their portion.