Rights and Obligations of Citizens Based on Pancasila and the Constitution

Rights and Obligations of Citizens – Sinaumed’s, as good citizens, we should know and understand their rights and obligations. In the life of the nation and state, there are things that must be done or obligations, and there are also things that must be earned, namely rights.

Citizen rights can be interpreted as all things that are obtained or obtained by a citizen, both in the form of authority and power. Rights are basically something that should be accepted or enjoyed. That means we have the right to receive things that are our rights and we must not violate the rights of others.

Meanwhile, obligations are things that must be done as members of society. Generally, obligations are things that must be done in order to get our rights.

Definition of Citizen

Citizens are people who are part of a population that is an element of the state. AS Hikam defines that a citizen who is a translation of citizenship is a member of a community that forms a country.

In short, Koerniatmo S. also defines citizens as members of the state. As a member of the state, citizens have a special position towards the state. They have a relationship of rights and obligations that are reciprocal to their country. In the Indonesian context, the term citizen (in accordance with the 1945 Constitution article 26) is meant for the native Indonesian nation and other nations that are legalized by law as citizens.

In addition, in accordance with article 1 of Law no. 22/1958 states that citizens of the Republic of Indonesia are people who based on laws, agreements or regulations that have been in force since the proclamation of 17 August 1945 have become citizens of the Republic of Indonesia.

Every country has the freedom and authority to determine the basis of a person’s citizenship. In applying the principle of citizenship there are two guidelines, namely the principle of citizenship based on birth and the principle of citizenship based on marriage.

However, before the state determines who becomes a citizen, the state must recognize that everyone has the right to embrace religion and worship according to their religion, choose education and teaching, choose a job, choose citizenship, choose a place to live in the territory of the country and leave it, and has the right to return. as stipulated in article 28 E paragraph (1) of the 1945 Constitution.

This statement means that persons living within the territory of a country can be classified as follows:

  1. Indonesian citizens are native Indonesian people and people of other nations who are legalized by law as citizens.
  2. Residents, namely foreigners who live in a country temporarily in accordance with a visa (permit to enter a country and stay temporarily, which is given by an official of the destination country) given by the country through the immigration office.

Rights and Obligations of Citizens Based on Pancasila

Every community has rights and obligations as citizens based on Pancasila, starting from the first precept to the fifth precept. The following are examples of rights and obligations as citizens based on Pancasila,

Rights and Obligations of Citizens Based on the First Sila

The first precept of Pancasila reads, “Belief in the One and Only God”. In this precept, we have rights and obligations as citizens, as follows:

  1. The right to embrace religion and belief according to their choice and belief.
  2. The right to worship according to the chosen religion and belief.
  3. It is obligatory to give other people the freedom to choose their religion and beliefs.
  4. Must give freedom to others to worship.
  5. Obligatory to respect the beliefs of other religions.

Rights and Obligations of Citizens Based on the Second Will

The second precept of Pancasila reads, “just and civilized humanity”. In this precept, we have rights and obligations as citizens, as follows:

  1. Right to get justice in the eyes of the law.
  2. The right to a decent life and to be treated fairly in society.
  3. Must be fair and defend the truth.
  4. Must uphold human values ​​and tolerance.

Rights and Obligations of Citizens Based on the Third Precept

The third precept of Pancasila reads, “Indonesian unity”. In this precept, we have rights and obligations as citizens, as follows:

  1. The right to participate in national defense.
  2. The right to be a servant of the state.
  3. Mandatory to foster unity based on Bhinneka Tunggal Ika.
  4. Must appreciate and respect all the differences that exist in Indonesia.
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Rights and Obligations of Citizens Based on the Fourth Precept

The fourth precept reads, “people who are led by wisdom in representative deliberations”. In this precept, we have rights and obligations as citizens, as follows:

  1. The right to express an opinion.
  2. The right to take part in the general election if it meets the requirements.
  3. Must respect the opinions and input of others.
  4. Must respect the results of decisions that have been taken in deliberations.

Rights and Duties of Citizens Based on the Fifth Precept

The fifth precept reads, “social justice for all Indonesian people”. In this precept, we have rights and obligations as citizens, as follows:

  1. The right to protection from other people and the government.
  2. The right to welfare in various ways.
  3. Must participate in mutual cooperation activities in the community.
  4. Must participate in state activities in order to realize social justice.

Rights and Obligations of Indonesian Citizens Based on the Constitution

Every citizen has rights, even from birth. Rights possessed by citizens since birth are called basic rights or human rights (HAM). This right is universal and cannot be taken or tampered with by any party.

Article 1 of Law no. 19 of 1999 defines human rights as a set of rights that are inherent in the essence of human existence as creatures of God Almighty and are His gifts that must be respected, upheld and protected by the state, law, government and everyone for the honor and protection of dignity and rights. human dignity.

Basic rights are balanced with basic obligations. The meaning of fundamental obligations is a set of obligations that if not implemented, human rights cannot be implemented and enforced.

In general, the rights of Indonesian citizens in the constitution are as follows:

  1. Right to live.
  2. The right to freedom and physical security.
  3. The right to respect his personality.
  4. The right to equal rights under the law.
  5. The right to enter and leave the territory of a country.
  6. The right to obtain nationality or citizenship.
  7. The right to own objects in a legal way.
  8. The right to express thoughts and feelings.
  9. The right to choose and embrace religion.
  10. The right to freedom of expression.
  11. The right to hold meetings and meetings.
  12. The right to get social security.
  13. The right to get a decent job.
  14. The right to trade.
  15. The right to participate in the collaborative movement in their respective communities.
  16. The right to enjoy the arts.
  17. The right to participate in advancing science.

The obligations of Indonesian citizens in general are as follows:

  1. Obey the law and government.
  2. Respect the rights of others.
  3. Obey the law.

Rights of Citizens in the 1945 Constitution (UUD).

The rights and obligations of citizens in Indonesia are regulated in the constitution. In the 1945 Constitution, the rights of citizens are contained in articles 27 to 34.

1. Article 27

The rights of Indonesian citizens in article 27 paragraph (2) reads “every citizen has the right to work and a life worthy of humanity”.

2. Article 28 A

The rights of Indonesian citizens in article 28 A reads “everyone has the right to live and has the right to defend his life and existence”.

3. Article 28 B

The rights of citizens in article 28 B are contained in two paragraphs. Paragraph (1) reads “a citizen has the right to form a family through a legal marriage”. Whereas in paragraph (2) contains the right to survival, which reads “every child has the right to survival, growth and development”.

4. Article 28 C

The rights of citizens in article 28 C are contained in two paragraphs. Paragraph (1) reads, “everyone has the right to develop himself and through the fulfillment of his basic needs and has the right to receive education, science and technology, arts and culture in order to improve his quality of life for the welfare of human life”.

As for verse (2) it reads, “everyone has the right to advance themselves in fighting for their rights collectively to build their society, nation, and country”.

5. Article 28 D

The rights of citizens in article 28 D are contained in four verses. Paragraph (1) reads, “everyone has the right to fair recognition, guarantee, protection, and legal certainty and equal treatment before the law”. Paragraph (2) reads, “everyone has the right to work and receive fair and decent remuneration and treatment in the work relationship”.

Paragraph (3) guarantees the same right to participate in government, while paragraph (4) guarantees the right to citizenship status.

6. Article 28 E

The rights of citizens in article 28 E are contained in three paragraphs. Paragraph (1) discusses the right of every person to choose and embrace their own religion without coercion, choose a job, choose citizenship, and choose a place to live in the territory of their country and have the right to return.

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Furthermore, in paragraph (2) it is stated that everyone is free to believe in beliefs, express attitudes and thoughts that are in accordance with their conscience. As for paragraph (3) it is stated that everyone is free to speak, associate, assemble, and express opinions.

7. Article 28 F

This article contains information and technology rights. This article reads, “everyone has the right to communicate and obtain information to develop his personality and social environment and has the right to seek, obtain, possess, store, process and convey information using all types of available channels”.

8. Article 28 G

Article 28 F contains the protection of the government and the state for the right of every person to obtain permission from him and his family for the assets under it, have the right to security and freedom from threats. In addition, citizens are also entitled to political asylum from other countries.

9. Article 28 H

Article 28 H consists of four paragraphs, each of which contains the right of every person to receive birth and spirit, get a decent place to live, the right to proper health care; the right to obtain special approval and assistance to obtain equal opportunities and benefits to achieve agreement and justice; everyone’s right to social security; as well as private property rights that should not be taken arbitrarily.

10. Pasal 28 I

The rights of citizens in article 28 I are contained in two paragraphs. Paragraph (1) contains the right to be recognized as a person before the law and the right not to be prosecuted on the basis of retroactively applicable law are human rights that cannot be reduced under any circumstances. Meanwhile, paragraph (2) provides for the right to be free from discrimination and to receive protection from discriminatory actions.

11. Article 29

Article 29 explains that every citizen has the right to worship according to their respective religions and beliefs.

12. Article 31

The right of citizens in this article is to get an education, while the implementation of basic education is guaranteed and financed by the state.

13. Article 33

Article 33 consists of three paragraphs which contain provisions that the economy is structured as a joint venture based on the principle of kinship; branches of production which are important and approved by the people’s livelihood are controlled by the state; and the use of all natural resources in the earth, air and land for the greatest prosperity of the people; as well as the implementation of a democratic, environmentally sound, just and sustainable national economy.

14. Article 34

In this article, the state guarantees all the poor and neglected children. Citizens also have the right to receive proper health services provided by the government. In addition, citizens are also entitled to receive social security, especially for the weak and the poor. This social security is administered by the government.

Rights and Obligations of Foreign Citizens in Indonesia

For foreign citizens (WNA) who get a residence permit also receive rights and obligations while in Indonesia, including:

  1. Obligation to obey and comply with laws and regulations.
  2. The right to receive protection for himself and his property.
  3. Do not have the right to be elected and vote.
  4. Have no rights and obligations for different religions.

The implementation of citizens’ rights in the 1945 Constitution is directly related to obligations because they are related. This is what makes the formulation of rights and obligations included in one article, such as article 27 paragraph (1), namely “all citizens have the same position before the law and the government and are obliged to uphold the law and government without exception”.

In this regard, issues of citizens’ rights can be raised, for example issues of education, social welfare, and defence. Before the amendment, there were no human rights in the 1945 Constitution. This was because human rights were not in accordance with the integralistic state ideology adopted by the 1945 Constitution. The integralist state ideology taught by Spinoza, Adam Muller, and Hegel was not to guarantee individuals or groups, but to guarantee society as a whole. unity.

That is a brief explanation of the rights and obligations of citizens. Rights and obligations are things that are related to each other, so that in practice they must be carried out in a balanced way. Rights are everything that is appropriate and absolute to be obtained by individuals as members of the state since they are still in the womb, while obligations are a necessity or obligations for individuals in carrying out their role as members of the state in order to obtain recognition of rights in accordance with the implementation of these obligations.

If rights and obligations do not run in a balanced way in the practice of life, a problem will occur which will cause social turmoil in the implementation of individual life, both in the life of society, nation and state.