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PELAKSANAAN PASAL 27 AYAT (2) UUD 1945 SEBAGAI PERWUJUDAN HAK ASASI MANUSIA


By admin - Posted on 22 January 2013

TitlePELAKSANAAN PASAL 27 AYAT (2) UUD 1945 SEBAGAI PERWUJUDAN HAK ASASI MANUSIA
Publication TypeThesis
Year of Publication2012
AuthorsZULAEKAH ZULLY
AdvisorDr. Johannes Suhardjana SH, Tenang Haryanto SHMH
Academic DepartmentFakultas Hukum
DegreeS1
UniversityUniversitas Jenderal Soedirman
CityPurwokerto
Abstract

The amendment of 1945 Constitusion in the Chapter XA determines about the human right, but related to the rights in the fields of economy its identification has not been in detail and clear. Because the rights that related to the right in the field of economy still distributed in the existed articles now. With the investigation through the historical approach, so it was found the development of the rights from the field of economy. The rights in the economy are categorized as the positive rights that is formulated in the language “rights to” (hak atas), and the civil right and politic rights are categorized as the negative right that are formulated in the language “freedom from” (kebebasan dari). As the positive right, economy rights are understood as the right that can not be sued in the court (non-justicible), in contrary with the civil rights and politic rights, as the negative rights can be sued in the court.
This research aims to analyze about the economy rights according to 1945 Constitusion, that is about the right of Job and proper life for the humanity, Human right is the basic right that has been existed absolutely attach in human being, this rights has the universal characteristic and it must be protected by the law, because of that it can be reduced, removed and because of that this right must be maintained. Individual right or society for the job and proper life for the humanity is regulated in the Article 27 (2) 1945 Constitusion, thus this research tries to find out the implementation of Article 27 (2) 1945 Constitusion as the implementation of human right.
Based on the research result and discussion, so it can be concluded as follow:
1. Implementation article 27 (2) 1945 Constitusion as the implementation of human right, so the Nation has the obligation to provide the job for the every citizen to fulfill the proper life. When the nation fails in running their obligation, so it has been the violence to the economy right.
2. The implementation of Article 27 (2) 1945 Constitusion involves the fulfillment of rights for every citizen to obtain the job, get the similar salary, and right to participate in the labor union.
Based on the condition recently that describes about the violation to the human right in the field of economy, that is the life that does not proper from the poor society and labor, so it is supposed to the Nation can overcome through the policies that gives the advantages to the poor society and labor as explained in the Article 27 (2) 1945 Constitusion.