Natamiharja, Rudi and mindoria, stefany (2018) Pancasila’s Freedom of Speech. In: International Conference on Fundamental Rights (I-Coffees), 7 September 2018, Novotel, Bandar Lampung.

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Abstract

Having a massive population of over 261 million, Indonesia is the third world’s largest democracy country in the world. A country with the most ethnic diversity, race, religion, and culture. These elements cannot be neglected and they become Indonesian legislation sources. The rules of law as a fundament of state mentioned on the new Constitutional of Indonesia. After the massive revision of Constitution in 2000, the protections for human rights are also guaranty and find their place as a fundamental rights. Twenty years after the Indonesian Reformation (Reformasi), the guaranty of protection for freedom of speech, as one part of basic rights, still inconsistency. The case of Prita is one of many cases of freedom of expression in Indonesia and it became a negative image of freedom of expression. After two decades, how is the development of the guaranty of human rights especially the freedom of speech in Indonesia? Pancasila as the fundament of all local regulations gives a different perspective and become the exceptionality of Indonesia. This research uses jurisprudences and empirical cases studies on freedom of speech. By using Indonesian legal instruments relative to the protection of speech, this article will provide answers what are the characteristic of Indonesia protection on freedom of speech. We conclude that, the protection of the right to speech is already present before the Pancasila and before the establishment of Indonesia in 1945. This freedom of speech called “tapa-pepe”. Indonesia freedom of speech norm should be not contradicting from five principles of Pancasila: belief in the One and Only God, a just and civilized humanity, a unified Indonesia, democracy, led by the wisdom of the representatives of the People and Social justice for all Indonesians. Key words: Human Rights, Fundamental Rights, freedom expression, freedom speech, Pancasila, Indonesia

Item Type:	Conference or Workshop Item (Paper)
Subjects:	K Law > K Law (General)
Depositing User:	RUDI NATAM
Date Deposited:	04 Nov 2018 14:55
Last Modified:	04 Nov 2018 14:55
URI:	http://repository.lppm.unila.ac.id/id/eprint/9452

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