RELATIONSHIPS OF HUMAN RESPONSIBILITY WITH HUMAN RIGHTS Dr. Try Widiono, S.H., M.H. and Dr. Hamdan Azhar Siregar, S.H., M.H
Jakarta Islamic University Faculty of Law
Abstract
In the Greco-Roman and medieval times, when Mazab developed, Irrasioanls natural law had laid the philosophical foundations of basic obligations for humans rooted in the philosophy of metaphysics and divine values. Only when individual expressions flare up and urge recognition of basic human rights, the demands for recognition and protection of human rights develop. The teachings of Aquinas (1224-1274), Hugo Grotius (1583-1645), Magna Charta (1215), Human Rights Petition (1628), British Declaration of Human Rights (1689), United States Declaration of Independence (1776), and the French revolution (1789) is evidence of this shift. Changing the rationale from basic obligations to basic rights is a contradictory change, so that between basic obligations and basic rights seems to be a fundamental conflict. Based on our research using normative legal methods, it was based on several theories such as the balance theory proposed by John Rawl, and the theories of justice, among others, put forward by Thomas Aquinas and the theories of the law of the natural law can be concluded that rights and obligations are a unity cannot be separated. Therefore, respect for human rights must also be followed by human obligations. Thus, to see the realization of Human Rights as regulated in Articles 27 to 32 of the 1945 Constitution, philosophically, we must look at the atmosphere of mysticism in the Human Obligations that are in their minds. Thus, the implementation of the implementation of Human Rights does not stand alone and separate from the Human Obligations, but between Human Rights and the Obligations of Human Rights are mutually complementary.
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