Vol. 5, Issue 4 (2019)
State responsibility for the economic, social and cultural human rights of the people living in the Indonesian border region
Author(s): Steven Toar Sambouw, Wulanmas APG Frederik, Ronald Mawuntu, Flora P Kalalo
Abstract: Human rights are basic rights of all humans that must be respected and protected. The importance of human rights causes it to be the right of all people (universal) without exception. The Universal Declaration of Human Rights in 1948 was born on the basis of this awareness which eventually brought the concept of order in the new regimes involved in the development of institutions and the construction of democracy in a country. These rights cannot be seized or eliminated by anyone, including the state or the government. On the contrary, the state or government has the obligation and responsibility to fulfill the basic human rights of every citizen, including economic, social, cultural rights, regardless of the background of differences, such as ethnicity, religion, race, skin color and customary differences and even geography as a form of respect and protection of human dignity. The ontology aspect shows that in essence human rights must be respected and protected because it is related to the value of its existence as a human being. While the epistemology aspect in this article is related to the binding power of the work of the law in protecting human rights and aspects of axiology or the usefulness in upholding human rights related to the system of protection of human rights for individuals, community groups and even states/countries. Through a juridical normative research method with a statute approach, abstraction of legal material is obtained through a process of deduction from applicable legal norms, both national and international laws to find and evaluate legislation relevant to the state’s responsibility for human rights and social rights living in the Indonesian border region with description techniques, systematization, analysis and interpretation of the law.The legal aspects of state responsibility are aimed at ensuring the implementation of the principles mandated through the Limburg Principles and Maastricht Principles on economic and socio-cultural Human Rights of people living in Indonesia’s border areas while preventing human rights violations, both violations by omission and violations by commission carried out by the state or government.