e-ISSN 2231-8542
ISSN 1511-3701
Jazim Hamidi
Pertanika Journal of Tropical Agricultural Science, Volume 26, Issue 2, June 2018
Keywords: Honesty principle, human rights, Nusantara constitution, Re-actualisation, the 1945 constitution
Published on: 29 Jun 2018
The dynamics of regulations related to the principles of human rights in Indonesia are still faced with fundamental problems, as state authorities and human rights defenders tend to be orientated to the West and Middle East/Far East. Readings on human rights have been focussing on the UN Declaration of Human Rights, the Islamic Cairo Declaration of Human Rights and the constitution of modern countries. However, it appears that the human rights movement today has reached third generation, advocating, among others, the right to adequate information, a healthy environment and the protection of minorities. This paper elaborates, in particular, on the re-actualisation of human rights principles in the Classical Constitution of Nusantara using a research method of doctrinal legal research, in which legal documents become the main subjects of research, including Nusantara's classical manuscripts. Long before Indonesia's independence, Nusantara principles were explicitly incorporated into the classical constitutions of kingdoms and/or sultanates in Nusantara and in practice; these constitutions included the Constitution of Pagaruyung used by the Kingdom of Minangkabau in West Sumatra, the Kie Se Kolano Constitution used by the Sultanate of Tidore and the Book of Panji Salaten used by the Kingdom of Kutai Kartanegara. Accordingly, the People's Consultative Assembly or MPR should transpose these principle to law in the fifth amendment of the 1945 Constitution of the Republic of Indonesia
ISSN 1511-3701
e-ISSN 2231-8542