Abstract
Freedom to express opinions in public is a human right guaranteed by the 1945 Indonesian Constitution and the Universal Declaration of Human Rights. The concept of human rights originating from the West resulted in its application often causing problems. This problem arises because the values of freedom that are generally upheld in the West are different from the specific values based on the philosophy and way of life in each country. The purpose of this study is to describe how the freedom to express opinions in public is in accordance with the values of Pancasila ideology. This research is normative legal research with a statute approach and a conceptual approach. Using primary and secondary legal materials also analyzed qualitatively descriptively. The results of the study conclude that the right to express freedom in public must be in accordance with the values of Pancasila, which is to fulfill the principle of balance between the rights and obligations of every citizen with the goal of responsible freedom being realized. Rights should not be understood only as claims on others, but also contain an obligation to respect the rights of others. Rights always have implications for obligations. All obligations, like all rights, derive from law, because all obligations are moral imperatives and all moral imperatives arise from law. Its application always upholds the values of divinity, humanity, unity, democracy and aims to realize social justice for all Indonesian people.Keywords: right of freedom, express opinion, Pancasila
Highlights
The life of human civilization has undergone many developments and one of the things born from the process of human civilization is human rights (Marwadianto, 2020)
A survey conducted by National Commission of Human Rights on Public Views on the Right to Freedom of Opinion and Expression in Indonesia concluded that the majority of respondents felt that there was still room for freedom to criticize the government, at least 29.4% of the public considered criticizing the government to have the highest level of freedom
Human Rights and the Right to Express Opinions in Indonesia As an independent country that is a member of the United Nations, Indonesia bears the moral and legal responsibility to uphold and implement the Universal Declaration of Human Rights established by the United Nations, as well as various other international instruments regarding human rights that have been accepted by the Republic of Indonesia
Summary
The life of human civilization has undergone many developments and one of the things born from the process of human civilization is human rights (Marwadianto, 2020). The rights holder is an individual, while the duty bearer is the state. The state has three generic obligations related to human rights, namely to respect (obligation to respect), protect (obligation to protect), and fulfill (obligation to fulfill). Individuals on the other hand are bound by an obligation not to interfere with the human rights of other individuals (ibid). The implementation of the rights and obligations of citizens is one indicator of the success of the growth of democratic life. The democratic government system guarantees human rights as well as the rights and obligations of citizens as one of the important elements of democracy in addition to the rule of law
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