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Constitution of Indonesia – 9: Citizens and Residents

Citizens and Residents

Article 26

  1. Citizens shall consist of indigenous Indonesian peoples and persons of foreign origin who have been legalised as citizens in accordance with law.
  2. Residents shall consist of Indonesian citizens and foreign nationals living in Indonesia.
  3. Matters concerning citizens and residents shall be regulated by law.

Article 27

  1. All citizens shall be equal before the law and the government and shall be required to respect the law and the government, with no exceptions.
  2. Every citizen shall have the right to work and to earn a humane livelihood.
  3. Each citizen shall have the right and duty to participate in the effort of defending the state.

Human Rights

Article 28
The freedom to associate and to assemble, to express written and oral opinions, etc., shall be regulated by law.

Article 28A
Every person shall have the right to live and to defend his/her life and existence.

Article 28B

  1. Every person shall have the right to establish a family and to procreate based upon lawful marriage.
  2. Every child shall have the right to live, to grow and to develop, and shall have the right to protection from violence and discrimination.

Article 28C

  1. Every person shall have the right to develop him/herself through the fulfilment of his/her basic needs, the right to get education and to benefit from science and technology, arts and culture, for the purpose of improving the quality of his/her life and for the welfare of the human race.
  2. Every person shall have the right to improve him/herself through collective struggle for his/her rights to develop his/her society, nation and state.

Article 28D

  1. Every person shall have the right of recognition, guarantees, protection and certainty before a just law, and of equal treatment before the law.
  2. Every person shall have the right to work and to receive fair and proper remuneration and treatment in employment.
  3. Every citizen shall have the right to obtain equal opportunities in government.
  4. Every person shall have the right to citizenship status.

Article 28E

  1. Every person shall be free to choose and to practice the religion of his/her choice, to choose one’s education, to choose one’s employment, to choose one’s citizenship, and to choose one’s place of residence within the state territory, to leave it and to subsequently return to it.
  2. Every person shall have the right to the freedom to believe his/her faith (kepercayaan), and to express his/her views and thoughts, in accordance with his/her conscience.
  3. Every person shall have the right to the freedom to associate, to assemble and to express opinions.

Article 28F
Every person shall have the right to communicate and to obtain information for the purpose of the development of his/her self and social environment, and shall have the right to seek, obtain, possess, store, process and convey information by employing all available types of channels.

Article 28G

  1. Every person shall have the right to protection of his/herself, family, honour, dignity, and property, and shall have the right to feel secure against and receive protection from the threat of fear to do or not do something that is a human right.
  2. Every person shall have the right to be free from torture or inhumane and degrading treatment, and shall have the right to obtain political asylum from another country.

Article 28H

  1. Every person shall have the right to live in physical and spiritual prosperity, to have a home and to enjoy a good and healthy environment, and shall have the right to obtain medical care.
  2. Every person shall have the right to receive facilitation and special treatment to have the same opportunity and benefit in order to achieve equality and fairness.
  3. Every person shall have the right to social security in order to develop oneself fully as a dignified human being.
  4. Every person shall have the right to own personal property, and such property may not be unjustly held possession of by any party.

Article 28I

  1. The rights to life, freedom from torture, freedom of thought and conscience, freedom of religion, freedom from enslavement, recognition as a person before the law, and the right not to be tried under a law with retrospective effect are all human rights that cannot be limited under any circumstances.
  2. Every person shall have the right to be free from discriminative treatment based upon any grounds whatsoever and shall have the right to protection from such discriminative treatment.
  3. The cultural identities and rights of traditional communities shall be respected in accordance with the development of times and civilisations.
  4. The protection, advancement, upholding and fulfilment of human rights are the responsibility of the state, especially the government.
  5. For the purpose of upholding and protecting human rights in accordance with the principle of a democratic and law-based state, the implementation of human rights shall be guaranteed, regulated and set forth in laws and regulations.

Article 28J

  1. Every person shall have the duty to respect the human rights of others in the orderly life of the community, nation and state.
  2. In exercising his/her rights and freedoms, every person shall have the duty to accept the restrictions established by law for the sole purposes of guaranteeing the recognition and respect of the rights and freedoms of others and of satisfying just demands based upon considerations of morality, religious values, security and public order in a democratic society.

Next: Chapter 10 – Religion

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