.,, on December 10, 1948, the United Nations General Assembly (UN) proclaimed the Universal Declaration of Human Rights (Universal Declaration of Human Rights, for the next abbreviated DUHAM), which contained the rights of the United Nations. Human rights and basic freedoms, and that is intended as a common reference to the achievement of achieving all the people and the nation for the recognition and respect of basic rights and freedoms, universally and effectively, both among the people. UN member states themselves and among the people in the territories that is under their jurisdiction.

.,, the international community is aware of the need for the enlarging of the rights and basic freedoms expressed by DUHAM into the legally binding international instrument. In 1948, the UN General Assembly requested the UN Commission on Human Rights, which had prepared the design of the DUHAM to draft the Covenant on Human Rights and its implementation of the implementation of the conduct of the United Nations. The commission began work in 1949. In 1950, the United Nations passed a resolution stating that the imposition of civil and political freedoms and basic freedoms in one party and the economic, social, and cultural rights of others are intertwined and interdependent. After a long debate, in his 1951 trial, the United Nations appealed to the UN Human Rights Commission to design two Covenant on human rights: (1) Covenant on civil and political rights; and (2) Kovenan regarding economic, social and economic rights. culture. The United Nations also stated in particular that both Kovenan should contain as many provisions as possible, and must contain the article that would specify that all citizens have the right to self-determination.

.,, the UN Human Rights Commission successfully completed two Kovenan designs in accordance with the United Nations ' MU decision in 1951, respectively in 1953 and 1954. After discussing both of the design, in 1954 the United Nations decided to make it possible that the governments of the countries could study it in depth and the audience could declare its views freely. For this purpose, the United Nations advised the United Nations Committee III to discuss the design of the Kovenan script for the sake of passage from 1955. Although the discussion had begun on schedule, the Kovenan's second script was only completed in 1966. Finally, on December 16, 1966, with the resolution of 2200A (XXI), the United Nations passed the Covenant on Civil and Political Rights together with the Optional Protocol to the Covenant on Civil and Political Rights and the Covenant on the Rights of the Economy, Social and Cultural. The International Covenant on Economic, Social and Cultural Rights came into force on 3 January 1976.

.,, Indonesia is a legal country and since his birth in 1945 upheld human rights. The Indonesian stance can be seen from the fact that although it was made prior to the proclaiming of DUHAM, the Constitution of the Republic of Indonesia in 1945 already contained some provisions on the respect of human rights that are important. These rights include the rights of all nations over independence (the First paragraph of the Opening); the right to citizenship (Article 26); the equality of all Indonesian citizens in law and government (Article 27 paragraph (1)); the rights of the citizens of the country. Indonesia on the job (Article 27 verse (2); the right of every Indonesian citizen for a life worthy of humanity (Article 27 verse (2); the right of the union and assembly for each citizen (Article 28); the independence of each resident to embrace His religion, and his religion, and for the worship of his religion, and for the worship of his religion. and the right of every Indonesian citizen over education (Article 31 verse (1)).

.,, Indonesia's attitude in advancing and protecting human rights continued despite Indonesia's change in the pattern of state from the unitary state into a federal state (27 December 1949 until 15 August 1950). The Constitution of the United States of Indonesia (RIS Constitution) contains most of the points of human rights listed in the DUHAM and the Government's obligation to protect it (Article 7 to Article 33).

., Indonesia, who has returned to an array of unitary states since August 15, 1950 continues to continue its constitutional commitment to uphold human rights. The Provisional Constitution of the Republic of Indonesia (UUDS RI Tahun 1950) which came into force from 15 August 1950 to 5 July 1959, as the RIS Constitution, also contains the majority of human rights listed in DUHAM and Government obligations. to protect him (Article 7 to Article 33), and even a part of it as word for word with the concerned provisions set forth in the RIS Constitution. In addition to the national commitment, at the expiration of the UUDS RI in 1950, Indonesia also confirmed its international commitment to human rights in submission and protection, as indicated by the Government's decision to continue to impose some. the labor convention produced by the International Labour Organization (International Labour Organization) which was created before World War II and declared in effect for the Dutch East Indies by the Dutch Government, became a party on several Other conventions made by the International Labour Organization after World War II, and passed a human rights convention made by the United Nations, Convention on the Political Rights of Women 1952 (Convention on the Political Rights of the Women of 1952), through Law No. 68 of 1958.

.,, in the history of Indonesian life, the efforts of enforcement and human rights protection have experienced ups and downs. At some point the effort was successfully fought, but in the other times it was defeated by the interests of power.

., finally, it is realized that a nation-state and a country that does not heed respect, enforcement and protection of human rights will always pose injustice to the vast community and do not provide a healthy foundation for development. economic, political, social and cultural for the long term.

.,, the reform movement that reached its peak in 1998 has aroused the spirit of the Indonesian nation in order to correct the system and practices of the past, especially in order to re-establish the submission and protection of human rights.

., Furthermore Indonesia listed the National Action Plan (RAN) of Human Rights through Presidential Decree No. 129 of 1998 on the 1998-2003 Human Rights National Action Plan which was later resumed with the second RAN human rights through Presidential Decree. Number 40 of 2004 on the National Action Plan of Human Rights 2004-2009 and the ratification of Convention Against Torture and Other Cruel, Inhumans or Degrading Treatment or Punishment, 1984 (Convention Against Torture and Treatment of Persecution and Abuse). Or other punishments that are cruel, inhuman, or degrading of dignity. Human, 1984) on September 28, 1998 (Act No. 5 of 1998; Gazette of the Republic of Indonesia in 1998 number 164; Additional Gazette of the Republic of Indonesia Number 3783). In addition to the Act No. 29 of 1999, Indonesia has also ratified the International Convention on the Elimination of All Forms of Racial Discrimination (International Convention on the Elimination of All Forms of Discrimination Racial).

.,, on November 13, 1998, the People's Consultative Assembly (MPR) took the most important decision for the submission, respect and enforcement of human rights, namely by passing the General Assembly of the People's Consultative Assembly of the Republic of Indonesia. The XVII/MPR/1998 number on Human Rights, which includes "Indonesian views and attitudes towards Human Rights" (Appendix of the number I) and the "Charter of Human Rights" (Appendix of the numeral).

.,, the considerline of the MPR Decree No. XVII/MPR/1998 stated, among other things, " that the Opening of the Basic Law of 1945 has mandated recognition, respect, and will for the exercise of human rights in organizing life. Society, nation and country "(letter b) and" that Indonesians as a part of the community of the world should respect the human rights held in the Universal Declaration of Human Rights of the United Nations as well as the instruments of the world. The other international is about human rights " (c). Furthermore, the Decree of the MPR stated that the Indonesian Nation as a member of the United Nations has a responsibility to respect the Universal Declaration of Human Rights and various Other international instruments of human rights " (Appendix IB figures 2). As it is known that the 1948 DUHAM, the International Covenant on Civil and Political Rights, the Optional Protocol to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights is The major international instruments on human rights and are commonly referred to as the International Bill of Human Rights, which are the core international instruments of human rights.

.,, the People ' s Consultative Assembly of the Republic of Indonesia has passed a change in the Basic Law of 1945. The first change was passed in the MPR Annual Session in 1999; the second change was passed in the MPR Annual Session in 2000; the third change was passed in the MPR Annual Session in 2001; and the fourth change was passed in the Annual Session of the MPR. RI in 2002. The second change of the Constitution of 1945 perfected Indonesia's commitment to the efforts of submission and protection of human rights by integrating the necessary provisions of international instruments on human rights, as set forth in the United States. CHAPTER XA on Human Rights. The change was maintained until the fourth change of the Basic Law of 1945, which was then called the Constitution of the Republic of Indonesia in 1945.

., pursuant to the Basic Law of the Republic of Indonesia in 1945 which mandates the submission and protection of human rights in the public, nation, and country life as well as the commitment of the Indonesian people as part of the International community to promote and protect human rights, Indonesia needs to pass major international instruments on human rights, in particular International Covenant on Economic, Social and Cultural Rights (International Covenant on Human Rights) Economic, Social and Cultural Rights) as well as International Covenant on Civil and Political Rights (The International Covenant on Civil and Political Rights).

.,, the Covenant affirm and outlines human rights in the economic, social and cultural spheres of DUHAM in the legally binding provisions. The covenan is made up of the opening and the chapters that cover 31 articles.

., the opening of the Covenant reminded countries of its obligation according to the UN Charter to advance and protect human rights, reminding individuals of its responsibility to work hard for the submission and human rights that are set in the Covenant. in relation to other individuals and its people, and acknowledges that, in accordance with DUHAM, the ideals of humanity to enjoy civil and political freedom and freedom from fear and lack can only be achieved when it has been created conditions for each person to be able to enjoy economic, social and cultural rights and his civil and political rights.

., Article 1 states that all citizens have the right to self-determination and call upon all countries, including those of the countries responsible for the government of the Unself-governing Territories and the Territories. Trust, to advance the embodiment of such rights. This article had a very important meaning at the time of this Kovenan's time in 1966 because when it was still a large part of the colony.

.,, Section 2 establishes the obligation of the State of the Party to take steps for the gradual embodiment of the rights recognized in the Covenant and ensure the exercise of such rights without any distinction. Developing countries, with regard to human rights and national economies, can determine how far these countries will ensure the economic rights recognized in the Covenant for foreign nationals. For these provisions, a national economic setting is required.

.,, Article 3 affirm the equality of rights between men and women.

.,, Article 4 stipulats that the party state may only impose restrictions on rights through the designation in law, to the extent that it is in accordance with the nature of such rights and solely for the purpose of advancing public welfare in society. democratic.

., Article 5 states that not a single provision in this Covenant can be construed as giving the right to a state, a group, or someone to involve itself in activities or to commit acts that aim to destroy rights. Or whatever freedom is recognized in this Covenant or limit it more than it is specified in the Covenant. This section also prohibits the restriction or limitation of fundamental human rights that are recognized or applicable in a party state by law, convention, regulation or custom, under the pretext that this Covenant does not recognize such rights or Admit it, but it's more narrow.

.,, Article 6 to section 15 recognizes the rights of each person in the economic, social, and cultural sphere, i.e. the right of work (Article 6), the right to enjoy fair and pleasant working conditions (Article 7), the right to form and participate in the union. labor (Article 8), the right to social security, including social insurance (Article 9), the right to protection and assistance as wide as possible for families, mothers, children, and young people (Article 10), the right to an adequate standard of life (Article 11), the right to enjoy the highest physical and mental health standards that can be achieved (Article 12), the right of the education (Articles 13 and 14), and the right to participate in the cultural life (Article 1).

., Furthermore, Article 16 to Section 25 governs matters concerning the conduct of this Covenant, the obligation of the parties to pass the report to the Secretary General of the United Nations on the actions that have been taken and the progress that has been made. is achieved in the disservice of the rights recognized in this Covenant (Article 16 and Article 17), the handling of such report by ECOSOC (Article 18 to Section 22), the agreement on the scope of international action to achieve the recognized rights of the Covenant. (Article 23), affirmation that not a single provision in the Covenant can be construed To reduce the provisions of the Charter of the United Nations and the constitution of the special bodies concerned with the issues provided in this Covenant (Article 24), and the assertion that not a single provision in this Covenant may be construed as a reduce the inherent right of all the people to enjoy full and freely richness and their natural resources (Article 25).

.,, Kovenan concludes with the concluding provisions governing procedural points (Article 26 to Section 31), and which includes signing arrangements, assent, accession, and storage of these Kovenan, as well as the Secretary's duties The United Nations General as a depositary (depositary) (Article 26 and Article 30), from this Kovenan (Pasa! 27), the scope of the Kovenan's territory is in the federal state (Article 28), the procedure of change (Article 29), and the language of which the Kovenan is in the state of the Federal Territories. used in this authentic Kovenan manuscript (Article 31).

., International Covenant on Economic, Social and Cultural Rights (International Covenant on Economic, Social and Cultural Rights) and International Covenant on Civil and Political Rights (International Covenant on Civil Rights and Politics) are two interdependent and interrelated instruments. As the United Nations MU stated in 1977 (resolution 32/130 on December 16, 1977), all basic human rights and freedoms cannot be divided and dependent (interdependent). Submissions, protection, and fulfillment These rights groups must get the same attention. The implementation, submission, and protection of all economic, social, and purest rights cannot be achieved without the imposition of civil and political rights.

.,, in the event of a different interpretation of the translation in Indonesian, the manuscript is the original text in the International Covenant of the International Covenant on Economic, Social and Cultural Rights and the Declaration (Statement) against this Article 1 of the Covenant.