An Analysis of the Nature of the Right to Liberty, Deprivation of Liberty, and Arguments Against the Validity of Deprivation of Liberty

Abstract

The aim of this research is to analyze the nature of the right to liberty, deprivation of liberty, and arguments against the validity of deprivation of liberty. The research method is descriptive-analytical using library resources. The studies showed that liberty and freedom are addressed in the Civil Code, the Constitution, and the Universal Declaration of Human Rights. Liberty is considered an individual right and part of civil and public rights. Articles 959 and 960 of the Civil Code represent the civil legislator's most prominent attention to the right to liberty. In Article 960, the legislator has prohibited deprivation of liberty but has then stipulated that if deprivation of liberty is not against the law and ethical norms, it is possible. In Article 959, the legislator does not generally accept deprivation of rights, but from the opposite meaning of the article, one can understand that partial and limited deprivation of rights is possible. From the combination of Articles 959 and 960 of the Civil Code, one can understand that deprivation of liberty is possible in a limited manner and in limited cases. The arguments we stated for the invalidity of deprivation of liberty in general were: the principle of equality of human beings, the principle of sovereignty of Muslims, the principle of autonomy of will and lack of coercion, as well as jurisprudential arguments: the Book, the Quran, the Tradition, and in laws, the Civil Code and the Constitution pay special attention to this issue. Additionally, liberty and freedom are protected in international instruments.

Keywords: Right to Liberty, Deprivation of Liberty, Arguments Against the Validity of Deprivation of Liberty, Civil Code