Journal articles on the topic 'Human rights Political aspects Indonesia'
To see the other types of publications on this topic, follow the link: Human rights Political aspects Indonesia.
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Human rights Political aspects Indonesia.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Musa, Muhammad Rafhael Purnawan, Asep Berlian Lesmana, Restha Nourmalifa Arthamevia, Prisna Adi Pratama, and Niken Savitri. "Human Rights and Pancasila: A Case of Tionghoa Ethnic Discrimination in Indonesia." Indonesian Journal of Pancasila and Global Constitutionalism 1, no. 1 (January 31, 2022): 119–70. http://dx.doi.org/10.15294/ijpgc.v1i1.56879.
Full textAbstract:
Pancasila and Human Rights are a concrete form of implementing the constitution and protecting citizens in accordance with the goals of the nation as stated in the Preamble to the 4th paragraph of the 1945 Constitution of the Republic of Indonesia. In its implementation, Pancasila and Human Rights guarantee equality of all levels and groups of society in service and participation as citizens. The process of entering Chinese ethnicity into the civilization of Indonesian society certainly cannot be separated from various aspects, including history. Ethnic Chinese migrated to Indonesia through trade routes and gave birth to cultural acculturation. Over time, the influence of the presence of ethnic Chinese in Indonesia experienced upheavals, resulting in various discriminatory practices against them. The existence of discriminatory practices that occur shows that between the indigenous people and the Chinese there are gaps and various problems. Examples of discriminatory cases or practices that occurred include Riots during the reform era, restrictions on participation and political rights, expulsions, rapes, and others that are still happening today. In this case, the indigenous people feel competitive economically and in other aspects.
2
Kurniawan, I. Gede Agus. "The Reconstruction of Subjectum Litis in Term of Reflections on Constitutional Dissolution of Political Parties." Jurnal Akta 9, no. 1 (April 26, 2022): 104. http://dx.doi.org/10.30659/akta.v9i1.20970.
Full textAbstract:
This legal research aims to examine the awarding of political parties currently in force in Indonesia through the Constitutional Court and provide a conclusive elaboration on the comparison of the dissolution of political parties in Indonesia with Germany and Slovenia. The respect for all aspects of human rights has become the obligation of every people in citizen, including respect for the political rights of citizens. In addition, citizens have the right to participate in the dynamics of government, including the possibility of the public applying for the dissolution of political parties. This legal research statute approach, comparative approach, and conceptual approach to legislation were based on primary legal materials, secondary legal materials, and non-legal materials. The study results stated that the Subjectum Litis to the dissolution of political parties was only carried out by executive relations alone; so the public cannot apply for dissolution of political parties. Thus, this may indicate that arbitrariness also reflects the existence of particular political interests that dominate the executive's domination and try to intervene in the juridical aspect. Therefore, the researcher provides recommendations for reconstructing political subjects through various schemes; who can expand the applicant in the process of political dissolution, the applicant in the dissolution of a political party is only extended to all Indonesian people not for their official or position, and the applicant for political dissolution is carried out by the legislative and executive institutions as is practiced in Germany and Slovenia.
3
Syahrin, M. Alvi, and Surya Pranata. "CRITICAL STUDIES OF INDONESIA’S INTEREST IN RATIFICATION PROCESS OF THE 1951 CONVENTION AND 1967 PROTOCOL." Jurnal Ilmiah Kajian Keimigrasian 1, no. 1 (April 27, 2018): 49–62. http://dx.doi.org/10.52617/jikk.v1i1.12.
Full textAbstract:
The increasing number of refugees each year has caused the government difficulties in handling refugee issues. The absence of law concerning refugees in Indonesia has caused weak coordination between related institutions in field. In this paper will discuss what the urgency, relevance, and obstacles faced by Indonesia in the process of ratification of the 1951 Convention and 1967 Protocol. The research method used in this paper is qualitative normative legal research method with deductive logical thingking. The urgency to ratify this Convention can strengthen the human rights institutions in the country, although this is not the only indicator for good human rights implementation. It is because some human rights norms are in fact also regulated in domestic legislation in the current reform era this. Indonesia can not exclude the existence of the International Convention on Human Rights. Even it is necessary to bring the domestic and international factors closer. The relevance to ratify this Convention will enhance the international accountability of a country through a more objective and civilized way. Meanwhile, in terms of legal technical considerations, the ratification will strengthen and enrich the national legal instruments so that it will better ensure the progress and protection of human rights better. Ratification can even be a shortcut to bring closer the existing gap between legal instruments at the international and national levels. Obstacles faced are categorized into two aspects, namely the security and legal aspects. The security aspect caused by refugees is often seen as a threat to the state. While the legal aspects of the law are caused by the absence of comprehensive rules in regulating the refugees and asylum seekers in positive law in Indonesia that can weaken the coordination between agencies in the field. As a law-based country that highly appreciate human rights, ratification of The 1951 Refugee Convention and 1967 Protocol must be a priority. Both instruments are relevant, since the substance are not only heavily loaded with regulation about human rights but also in line with cultural values and norms in Indonesia. As such, the process of ratification needs to consider the country readiness, in terms of technical, political and legal aspects, since those aspects are sometimes challenging. On this matter, ratification is expected to narrow the gap between national and international instruments of law.
4
Buana, Mirza Satria. "A Realistic Perspective to Transitional Justice." Journal of Southeast Asian Human Rights 4, no. 2 (December 7, 2020): 406. http://dx.doi.org/10.19184/jseahr.v4i2.8395.
Full textAbstract:
Indonesia is one of the most democratized countries in Asia. There have been some improvements both in political and legal aspects; the most powerful legal reform was the amendments of the 1945 Constitution. In the context of civil and political rights, Indonesian people have exercised their constitutional rights to select political leaders, rotate elites and to enjoy greater civil liberty, even though there are still many rooms for improvements. One of the most vital hurdles is the failure of the reformed governments to settle gross-violation of human rights cases happened in the past. Suharto’s authoritarian regime had exercised repressive actions toward oppositions and civil society movements, including universities’ students, activists and minorities. The ad hoc Court of Human Rights had failed to reveal the truth for some prominent cases, let alone providing remedy and reconciliation. It was highly believed that the trials were conducted only as safeguards to prevent international intervention on Indonesia’s past unlawful violations.
5
Widiarty, Wiwik Sri. "PERLINDUNGAN HUKUM PERSAMAAN HAK ASASI PEREMPUAN DALAM MENINGKATKAN PEREKONOMIAN INDONESIA." to-ra 3, no. 3 (January 11, 2018): 639. http://dx.doi.org/10.33541/tora.v3i3.1162.
Full textAbstract:
Abstract
The struggle of women in achieving equality and justice has been carried out long ago, whether in the economic, social, cultural, and political aspects, in fact it has not been able to raise the dignity of women to be equal to men. Various laws and regulations governing women's rights include those implied in the Convention on Elimination of All Forms Discrimination Againts Women (CEDAW), namely the rights possessed by a woman, both because she is a human being and as a woman. Even though CEDAW has been rati ed, there are still discriminatory regulations, such as the Investment Law, Marriage Law, the Law on Placement and Protection of Overseas Workers, the Citizenship Act, and other Regional Regulations. Therefore, legal protection of women's human rights is very important, for women whose rights have been violated, especially since there are many cases of female labor violence working to help improve the family economy abroad.
Keywords: legal protection; women's human rights; female labor violence .
6
Pratama, Andhika Yudha. "Politik Hukum Pengadilan HAM Ad Hoc sebagai Upaya Penyelesaian Pelanggaran HAM Berat Masa Lalu di Indonesia." Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan 7, no. 2 (July 15, 2022): 368. http://dx.doi.org/10.17977/um019v7i2p367-374.
Full textAbstract:
This study aimed to analyze gross human rights violations in Indonesia, the implementation of Law Number 26 of 2000 concerning the Ad Hoc Human Rights Court, and the challenges of ad hoc human rights courts in resolving gross human rights violations in Indonesia. This study applied normative and empirical legal research with a case study approach. The researcher collected data from primary and secondary data resources. Data collection techniques were carried out by reviewing, studying, and categorizing. The analysis procedure started with data inspection techniques, data marking, and drawing conclusions. The study results showed that the provision of gross human rights violations in Indonesia was adopted from the Rome Statute. However, the implementation of Law Number 26 of 2000 concerning the Ad Hoc Human Rights Court was still limited to the judicial process of the cases of Timor-Timur and Tanjung Priok. The challenges of ad hoc human rights courts include the less than optimal role of Law Number 26 of 2006, legal aspects of the legislation that were not accompanied by procedural law procedures, law enforcement officers who did not work optimally, as well as political, social, and cultural factors that weaken law enforcement at the national level.
7
Nurmawati, Made, and I. Nengah Suantra. "The Arrangement of Dual Citizenship of the Indonesian Diaspora: A Legal and Human Rights Perspective." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 9, no. 3 (September 29, 2020): 495. http://dx.doi.org/10.24843/jmhu.2020.v09.i03.p03.
Full textAbstract:
Globalization has implications for the Indonesian diaspora in various parts of the world. Indonesian diaspora groups are aggressively fighting for their citizenship status in order to have dual citizenship. Law No. 12 of 2006 concerning Citizenship of the Republic of Indonesia has not regulated dual citizenship status for the Indonesian diaspora. The purpose of the study is to identify and analyze the dual citizenship position of the Indonesian diaspora in the Indonesian Citizenship Law. The research method used is normative legal research. The study suggested that citizenship status is very important because it relates to issues of rights and obligations. The bipartite status provides the protection and identity of the two countries. However, it is not the time to grant unlimited dual citizenship status because first, it needs an in-depth study of the implications of social, economic, cultural, political, security, and legal aspects as well as changes to the relevant related laws and regulations.
8
Nasution, Nasution. "Proposing Indonesia History Teaching that Transcends Political Ideologies." Indonesian Historical Studies 6, no. 1 (June 4, 2022): 34–44. http://dx.doi.org/10.14710/ihis.v6i1.13571.
Full textAbstract:
The teaching of Indonesian history, in many cases in school, remains dominated by history of politics and political indoctrination, underscoring the need for critical and holistic learning. This paper aims to analyze the Indonesian National History textbooks used in schools, and to examine the possibility of teaching Indonesian history that goes beyond political indoctrination and is holistic. The method used in this paper is the analysis of an Indonesian National History textbooks that have been used as the main textbook for the history subject in schools. The teaching of Indonesian history in schools is still dominated by a single version of historical events. The narratives of Indonesian history lessons often ignore different perspectives, or other aspects of historical events that are of interest. Indonesian history does not only belong to the winners. A holistic approach to the teaching of history is expected to help enrich students' knowledge of past events and provide a clearer picture of the history of a multicultural society. For example, a discussion of the Benteng economic policy should not only revolve around the points of view of one ethnic group and ignore the suffering of others. In other cases, discussions on the PKI revolt often neglect human rights aspects, et cetera. Not only should students gain knowledge about past events based on the dominant interpretations, but are also exposed to the narratives of marginalized people. Not only that, history lessons should also cover aspects that include arts, literature, painting, music and other cultural products. In the end, a holistic approach enriches students’ understanding of a historical event, foster a positive attitude and inspire them to learn about stories that have been under-heard or deliberately marginalized.
9
Siagian, Muhnizar, and Monika Sri Yuliarti. "Papua’s Internet Ban 2020: Politics, Information Democracy, and Digital Literacy." Jurnal Komunikasi: Malaysian Journal of Communication 37, no. 3 (September 30, 2021): 304–16. http://dx.doi.org/10.17576/jkmjc-2021-3703-18.
Full textAbstract:
Internet ban in the middle of 2019 in Papua after the outbreaks of demonstrations and riots in Papua and West Papua, still leaves various speculations and question marks. The court ruling which had won the lawsuit of the Press Freedom Defender Team against the President and the Minister of Communication and Information of Indonesia also seemed to pass by without any significant follow up. Many studies on this phenomenon in terms of law and human rights have been carried out. However, several other aspects that are also interesting and useful have not been much elaborated. This paper explores this phenomenon based on political aspects, information democracy, and digital literacy that is closely related to communication. This is a literature review that employs document study data collection techniques and interactive data analysis. From the analysis it can be found that the Papua’s internet ban relates to the effort by the Indonesian government to domesticate Papua issue in the context of politics. In terms of information democracy, there is a violation in citizen rights that intend to internationalize the issue. Finally, in the context of digital literacy, there is a need to collaborate in order to improve digital literacy skills among Papuan. The implication of this study is the richer perspective in viewing a controversial phenomenon and involves the wider community, considering that this phenomenon is very likely to still occur in Indonesia in the future. Keywords: Internet ban, Papua, information democracy, digital literacy, political aspect.
10
Rideng, I. Wayan, I. Ketut Kasta Arya Wijaya, and Hartini Saripan. "Dimensions of Water Resources Regulation in Philosophy of Justice and Human Rights Perspective." Journal of Indonesian Legal Studies 7, no. 1 (June 10, 2022): 31–56. http://dx.doi.org/10.15294/jils.v7i1.53820.
Full textAbstract:
Management of water resources is closely related to the availability of access to clean water for the community and has direct implications for social justice and the fulfillment of basic human rights. However, various arrangements in the management of water resources in Indonesia are considered not in favor of the concept of justice and are more directed towards commercialization and capitalization. This research is intended to examine, analyze, and criticize laws and regulations related to water resources. By consdiering several multidisciplinary aspects in the laws and regulations in the field of water resources, including aspects of justice and human rights, this research also analyzes from the philosophical, legal, and sociological aspects. This research found and emphasize that the concept of Pancasila can be a legal political basis for the state's right to control water resources to be directed so that the management of water resources does not oppress those who are socially and economically weak, or the poor. The availability of water is constant, while the demand for water is increasing in quantity and quality, then what will happen is scarcity. At this stage of water scarcity, the principle of justice becomes very important in water management. Access to water justice is not individual or micro justice, but social or macro justice. Justice to get water as a human right cannot be left to everyone based on a market mechanism, but government intervention to ensure the fulfillment of the right to water, at least is very much needed.
11
Sodik, Mochamad. "KESETARAAN GENDER SEBAGAI PEMENUHAN KONSTITUSI." Musãwa Jurnal Studi Gender dan Islam 11, no. 2 (July 29, 2012): 167. http://dx.doi.org/10.14421/musawa.2012.112.167-180.
Full textAbstract:
The drafting of the Draft Law on Gender Equality has brought criticism, many of which based on reactionary-ideological grounds unsuitable to productive discussion, and it is indeed regrettable that such responses against the draft law were not made in an academic framework and in accordance with the principle of proportionality. In a democratic state, gender equality is a fundamental part rooted deeply in human rights, similar to racial, ethnic, class, special-needs and religious equality. Thus as a democratic nation state, Indonesia is obliged to fulfill the basic rights of each of its citizens without regard to origin or gender. Such rights encompass a variety of aspects: the right to life, security, health, education, economic, political and socio-cultural rights. All basic rights must be fulfilled equally to avoid discrimination. Thus, normatively, the 1945 Constitution of the Republic of Indonesia has guaranteed equality of all citizens, whether male or female. In a global context, Indonesia has also ratified the CEDAW (Convention on the Elimination of all forms of Discrimination Against Women) through Law No. 7 of 1984. Indonesia’s commitment to improve gender equality is also written down in the MDGs (Millennium Development Goals). Therefore, through a philosophical-juridical-sociological viewpoint, gender equality (enshrined in law) is both a constitutional mandate and a contemporary demand
12
Riora, Muhammad, Ulya Kencana, and Kun Budianto. "Netralitas Politik Aparatur Sipil Negara dalam Perspektif Perlindungan Hak Asasi Manusia." Wajah Hukum 4, no. 2 (October 19, 2020): 355. http://dx.doi.org/10.33087/wjh.v4i2.189.
Full textAbstract:
In the legal and governmental aspects, bureaucratic reform is very urgent to be realized, including the policy of ASN political neutrality. Therefore, this study aims to analyze the political neutrality policy of ASN according to Law Number 5 of 2014 concerning State Civil Servants in the Perspective of Human Rights Protection. The scope of this research is carried out by drawing legal principles against written positive law. Legal principles are used in interpreting Law Number 5 of 2014 concerning ASN by relating it to the perspective of protecting human rights. The method used is normative juridical legal research using secondary data. The research results reveal that every civil servant organization does not take sides with any form of influence and interests of anyone. In this case, there are restrictions on the political rights of ASN according to Law Number 5 of 2014 concerning State Civil Servants not violating human rights as stipulated in the 1945 Constitution of the Republic of Indonesia. According to the principles of Islamic law, ASN must be neutral and obedient to leaders. Elected without antagonizing him. Thus, it is concluded that the ASN political neutrality policy has met 4 indicators of a rule of law, namely protection of human rights, distribution of power, governance based on laws and regulations, and state administrative court.
13
Sergio, Dellvin, Asmin Fransiska, and Tiffanny Natania. "Quo Vadis Trisakti, Semanggi I and II (TSS) case as a crime against humanity based on International Criminal Law perspective." International Journal of Research in Business and Social Science (2147- 4478) 11, no. 1 (February 14, 2022): 221–28. http://dx.doi.org/10.20525/ijrbs.v11i1.1597.
Full textAbstract:
The Trisakti Semanggi I and II (TSS) occurred in 1998 and 1999 during the reformation movement towards democracy upholding in Indonesia. Several students and people have been killed and injured in those days. The National Commission on Human Rights (KOMNAS HAM) has investigated the case and concluded that the case has a gross human rights violation aspect. The documents have reached the General Attorney of the Republic of Indonesia. However, there are obstacles faced by the victims and their families, the legal debate on whether the TSS can be classified as a gross violation of human rights or not. The Attorney General stated this doubt in their meeting with the Indonesian House of Representatives. The government's political will has been examined through the Indonesian Constitution in this matter. This article explores the burden of sufficient proof to conclude the gross human rights violation in the TSS case. Under the thorough independent investigation done by KPP HAM, the Trisakti Semanggi I and II (TSS) fulfills the elements of past gross violation of human rights known as a crime against humanity. The TSS case has met elements ruled under the ICTY and ICTR Statute 14, such as Article 7 of the Rome Statute 15. The article will also provide current discourse in a legal argument between national institutions regarding the case and what should be done afterward. The research uses a qualitative method with case studies related to the crimes against humanity at the national and international levels.
14
Hasan, Hamsah. "HUBUNGAN ISLAM DAN NEGARA: Merespons Wacana Politik Islam Kontemporer di Indonesia." Al-Ahkam 1, no. 25 (April 25, 2015): 19. http://dx.doi.org/10.21580/ahkam.2015.1.25.192.
Full textAbstract:
This article aims to discuss the issues of the relationship between Islam and state in the Islamic political perspective in Indonesia. This study was motivated by the desire to criticize the development and “up and down” relationship between Islam and state that is very dynamic coloring political situation in “Islamic majority country” Indonesia. This article concluded that understanding the relationship between religion and state with Islamic political approach is not meant to establish a religious state or an Islamic state of Indonesia, but more on filling spaces are functionally religion in order society, nation and state. The relationship between Islam and state can be integrated in a functional relationship equally aspire to nobility. Even integralistic, symbiotic, and secularistic relations, each should be viewed as a form of complementary. Facing the development of modernization, the relationship between Islam and state should be articulated as an effort to always adapt to the development of society in its various aspects, such as: the globalization of the world political economy, science and technology, the development issues of democracy, gender, human rights, pluralism, both nationally and internationally.
15
Azharghany, Rojabi, Abdul Adim, and Hae Ruli Rusdi. "Paradigma Dakwah Islam Kyai dalam Kancah Politik Kekuasaan Pasca Kemerdekaan di Indonesia." Alhadharah: Jurnal Ilmu Dakwah 21, no. 2 (December 31, 2022): 1. http://dx.doi.org/10.18592/alhadharah.v21i2.7184.
Full textAbstract:
This paper aims to review the politics of Islam kiai affiliated to the nahdlatul ulama (NU) religious organization by explaining the historical social arguments and strategies pursued by this religious elite to continue to play a role in the lives of Muslims. Kiai can continue to exist with his honorable position, facing political dynamics in the current modernization of Muslim life. This study method uses the madzhab of social history as a research method to look at the social background in the political history of Islam kiai as well as contain critical aspects to analyze the political dynamics of Islam kiai. Data analysis by reconstructing socio-political events involving traditionalist kiai on the Indonesian political stage from the time of independence until the 2019 election. The results showed that the Islamic politics promoted by the Kiai were based on Islamic teachings about social concerns such as maslahah mursalah (the concept of putting goodness first) and kulliatul khoms (the concept of the five basic human rights) which were sparked in the formulation of the concept of the kiai movement, namely mabadi' khoiru ummah (pioneering towards the best people) and syuun ijtimaiyah (social concern).
16
Sumodiningrat, Aprilian, and Jihan Arsya Nabila. "Against Discrimination." Journal of Contemporary Sociological Issues 2, no. 2 (August 31, 2022): 116. http://dx.doi.org/10.19184/csi.v2i2.27711.
Full textAbstract:
Racial discrimination and violence against minority communities are prohibited by law, and the protection of these minority groups is protected by the Constitution, national laws, and international laws or conventions ratified by Indonesia, such as ICCPR, and ICERD. Violence cases involving ethnic Papuans are a form of human rights violation that is often ignored by the state. This study will use the normative juridical approach method, by presenting and analyzing the validity of the provisions of the legislation. Socio-legal studies, in this study, will be conducted by conducting an analysis of social studies, the theory of multidisciplinary theory of social sciences, related to the phenomenon of racial discrimination against ethnic Papuans, such as Psychological science in looking at a guess, to discrimination; communication science; Theory of Social Integration and Disintegration; and Social Conflict Theory. The aim of this study was to examine law enforcement, using paradigms in the social sciences. In this study, it will be reviewed on the quality of law enforcement, the extent to which the rules are enforced, as well as the extent to which law enforcement, as well as the government, can fulfill the rights of citizens not to discriminate in it. This research shows that discrimination against the Papuan people is caused by racial discrimination in various aspects, economic, political, educational, law enforcement, etc. The application of anti-discrimination law must be based on the professionalism of law enforcement officers, so as not to cause new discrimination in law enforcement. This study recommends that the Government of Indonesia to further increase political will in the enforcement of anti-discrimination and violence laws in all cases, especially against Papuan ethnic groups. Maximum anti-discrimination law enforcement efforts are needed to realize human rights goals, namely the fulfillment, enforcement, and protection of human rights.
Keywords: Discrimination, Minority, Human Rights, Papua, Politics
17
Novi Indah Sari. "Politik Simulacra dalam Ekstasi Media Sosial di Indonesia." Ad-Dariyah: Jurnal Dialektika, Sosial dan Budaya 1, no. 1 (June 26, 2020): 40–51. http://dx.doi.org/10.55623/ad.v1i1.21.
Full textAbstract:
Jean Baudrillard through Simulation (1983) made a thoughtful approach that predicted that reality would eventually die. The 'new world' which Baudrillard calls the 'Simulacra Galaxy', has in fact engulfed all aspects of life, including democracy. Dialectics on democracy, which provides an opportunity for every child of the nation to freely express opinions, actually leads to freedom that crosses the boundaries of the human rights of fellow citizens of the nation. Quietly, primordialism of religion, class, ethnicity, regionalism, and all exclusive social groupings has risen again, which is compounded with the liberal political process which since the reformation has been transformed into new shackles that limit national life. Regional autonomy which is increasingly liberal with the aroma of federation has strengthened the barriers of the new primordial revitalism. The predictions of the threat of "independence" and "referendum" which erupted in one or two regions when the 2019 election process tended to harden, shows how short the reasoning of some of the nation's children in this country is.
18
Praptini, Sri Praptini, Sri Kusriyah Kusriyah, and Aryani Witasari. "Constitution and Constitutionalism of Indonesia." Jurnal Daulat Hukum 2, no. 1 (March 10, 2019): 7. http://dx.doi.org/10.30659/jdh.v2i1.4149.
Full textAbstract:
The term constitution comes from a constituer which means to form, that is , the whole of the rules both written and unwritten which regulate in a binding manner the way a government is held in a society. Constitutionalism in the strict sense is that the administration of the government which islimited by the Constitution, in a broad sense, is a set of political values and aspirations that reflect the desire to protect freedom by carrying out internal and external supervision of government power.There are differences and similarities in the four constitutional ions in Indonesia: a) Procedural aspects: only in the 1945 Constitution, as written and unwritten basic law, are flexible and rigid to adopt the supreme constitution, procedures for establishing and forming by the MPR, other written constitutions; RIS by the Constitutional Assembly, 1950 Constitution by the Constituent Assembly; RIS changes to the constitution with the Federal Law while the 1950 Constitution by the Assembly changes the Constitution; b) Substantial aspects, the form of the Unitary state existed in the 1945 Constitution before and after the changes and the 1945 Constitution, while the RIS of union states, all forms of republic government, recognition of human rights, the system of government of the 1945 Constitution before and after quasi presidential and presidential changes, while RIS and The 1950 Constitution of the Republic of Indonesia, the 1945 Constitution before the change of the highest sovereignty holders of the MPR, the RIS by the Government together with the DPR and the Senate, the 1950 Constitution by the Government and Parliament.Keywords: Constitution; Constitutionalism; Indonesian Constitution.
19
Ramadani, Rizki, and Farah Syah Rezah. "Regional Head Election During COVID-19 Pandemic: the Antinomy in the Government Policies." Yuridika 36, no. 1 (January 1, 2021): 213. http://dx.doi.org/10.20473/ydk.v36i1.23528.
Full textAbstract:
Welcoming the simultaneous regional head election in 2020, it is expected to be an entry point in building a higher quality democracy in Indonesia. Initially, this year's election should be held on September 23. However, this plan must be constrained when the coronavirus disease 2019 (COVID-19) outbreak occurs and spread wildly all over the world including Indonesia, and was officially declared a pandemic by World Health Organization (WHO). When the number of positive cases and deaths continues to increase, the government decided to continue holding the regional election in the midst of the pandemic. Such policy created controversy and faced several challenges, especially regarding the government's inconsistency in fulfilling the rights of its people in the time of the pandemic. This article aims to explain and analyze the contradiction in the government policies from the antinomy of law and human rights perspective. This legal research is doctrinal research conducted using a conceptual, statutory, and case approach. The data will be described in a descriptive-prescriptive manner through qualitative analysis. The results of the analysis show that there are some contradictions between policies regarding physical distancing (both in the Large-Scale Social Restrictions (PSBB) and Health Protocol regulations) and the policy for holding Regional Head Elections during the pandemic. In essence, this contradiction is the antinomy between the aspects of public health and political rights. Antinomies occur when the government seeks to fulfill and guarantee political rights as well as public rights to health at the same time during a pandemic, which actually leads to mutual negation between these rights.
20
Syahfudin, Moch, and Syamsul Fatoni. "Aksesibilitas Pertanggungjawaban Pidana Dalam Penyelesaian Pelanggaran Hak Asasi Manusia Masa Lampau Di Era New Normal." LIGAHUKUM 2, no. 2 (March 29, 2022): 234–60. http://dx.doi.org/10.33005/ligahukum.v2i2.128.
Full textAbstract:
Abstract
Criminal responsibility in resolving past human rights violations based on the retroactive principle still creates polemic, because the use of the retroactive principle is considered to violate someone's human rights. Legal certainty means that a person cannot be prosecuted based on a retroactive law as guaranteed in the legality principle stipulated in Article 28I of the 1945 Constitution of the Republic of Indonesia, Article 1 Paragraph (1) of the Criminal Code, and Article 4 of Law Number 39 Year 1999 concerning Human Rights. The era of new normal habits causes legal aspects to be adaptive including accessibility to get justice, especially for families of victims of human rights violations that cannot be resolved, especially during the Corona Virus Disease 19 (Covid-19) pandemic. The research method used is normative legal research with a statutory approach and a case approach. The results show that there must be clear limitations on the use of the retroactive principle in Article 4 and the explanation of Article 4 of the Human Rights Law, the responsibility of subordinates as stipulated in the 1998 Rome Statute should also be regulated in Law Number 26 of 2000 concerning Human Rights Courts for ensure that no perpetrator is separated from the criminal accountability process and that the Human Rights Court should have an integrated special procedural law, through reconciliation political policy as mandated by the Constitutional Court decision Number 6 / PUU-IV / 2006 as access to justice for families of victims of human rights violations, especially in the midst of the Corona Virus Disease 19 (Covid-19) pandemic.
Keywords: Retroactive Principle, Criminal Liability, Settlement Human Rights Violations, Corona Virus Disease-19 Pandemic.
21
Rumadi, Rumadi. "Religion, State and Human Rights: Negotiating Accommodation Limits in the Constitutional Court." Madania: Jurnal Kajian Keislaman 24, no. 2 (December 31, 2020): 121. http://dx.doi.org/10.29300/madania.v24i2.3871.
Full textAbstract:
One of crucial issues in Muslim countries, such as Indonesia, is relation between religion and the state. Even though Pancasila and the 1945 Constitution were claimed final, but it did not necessarily mean that position of religion, state and human rights is final and clear. The negotiation between religion, state and human rights not only on political forum like at The House of Representative, but also in Constitutional Court session. There are debates and opinion contestations. The problem is what is the politics of law accommodation towards religious aspirations, which the Constitutional Court has built through its decisions and arguments? Through analysis on two issues: 1) freedom of religion and belief; and 2) marriage law, this article argues that Constitutional Court’s decision, especially relation between religion, state and human rights not only based on law consideration, but also on non-law consideration. Regarding private law, the Constitutional Court opened a fairly wide accommodation, so that more religious aspects would be accommodated by the state even with limited reforms. The limit of accommodation is an Islamic criminal law that cannot be made exclusively for Muslims. The accommodation of Islamic criminal law is only possible if the norms are incorporated into the national criminal law through a process of rational objectification. Based on this argument, continuous negotiation and contestation between religion, state and human rights will go on since Indonesia is not a religious state, which is based only on one religion, nor a secular state, which does not consider religion at all.Salah satu isu krusial di negara Muslim, tidak terkecuali Indonesia, adalah relasi agama dan negara. Meskipun Pancasila dan Undang-Undang Dasar 1945 dinyatakan final, namun bukan berarti kedudukan agama, negara, dan hak asasi manusia sudah final dan jelas. Perundingan antara agama, negara dan hak asasi manusia tidak hanya di forum politik seperti di Dewan Perwakilan Daerah (DPR), tapi juga di sidang Mahkamah Konstitusi. Ada perdebatan dan kontestasi pendapat. Persoalannya, bagaimana politik akomodasi hukum terhadap aspirasi agama yang dibangun Mahkamah Konstitusi melalui putusan dan dalilnya? Melalui analisis terhadap dua isu: 1) kebebasan beragama dan berkeyakinan; dan 2) hukum perkawinan, pasal ini berpendapat bahwa putusan Mahkamah Konstitusi khususnya hubungan antara agama, negara dan hak asasi manusia tidak hanya berdasarkan pertimbangan hukum, tetapi juga pertimbangan non hukum. Terkait hukum privat, Mahkamah Konstitusi membuka akomodasi yang cukup luas, sehingga lebih banyak aspek keagamaan yang diakomodasi oleh negara meski dengan reformasi yang terbatas. Batasan akomodasi adalah hukum pidana Islam yang tidak dapat dibuat secara eksklusif untuk Muslim. Akomodasi hukum pidana Islam hanya dimungkinkan jika norma-norma tersebut dimasukkan ke dalam hukum pidana nasional melalui proses objektifikasi yang rasional. Berdasarkan argumen ini, negosiasi dan kontestasi yang terus menerus antara agama, negara dan hak asasi manusia akan terus berlangsung karena Indonesia bukanlah negara agama yang hanya didasarkan pada satu agama, bukan pula negara sekuler, yang sama sekali tidak mempertimbangkan agama.
22
Prakasa, Satria Unggul Wicaksana. "ECOCIDE CRIMES & OMNIBUS LAW: REVIEW OF INTERNATIONAL LAW AND ITS IMPLICATIONS ON INDONESIA LAW." Jurnal Dinamika HAM (Journal of Human Rights) 12, no. 2 (January 29, 2021): 14. http://dx.doi.org/10.24123/jdh.v12i2.2898.
Full textAbstract:
Abstract: Omnibus Law which seeks to simplify 79 laws and 1288 articles. The Omnibus Law, a number of articles has the potential to remove the protection of rights, obsess over the human rights of citizens, particularly in relation to civil and political, economic, social and cultural rights, and with regard to law enforcement for environmental destroyers who are weak. The research used socio-legal research methods. The results of the study are the limitations in prosecuting perpetrators of ecoside crimes only in war crimes, making it difficult to hold responsibility for crimes committed, both against individuals and multinational/transnational corporations. Omnibus Law has enormous potential to perpetuate the practice of ecocide crime systematically both in the political, legal, and socio-economic, cultural aspects. Thus, there is no reason to strengthen that the Omnibus Law is in fact favoring environmental destruction, and perpetuating the practice of impunity for perpetrators of environmental damage crimes.
Keywords: Ecoside Crimes, Law Enforcement, Omnibus Law
Abstrak: RUU Omnibus Law Cipta Kerja yang berupaya menyederhanakan 79 UU dan 1.288 Pasal. RUU Omnibus Law Cipta Kerja, sejumlah pasal berpotensi menghapus perlindungan hak, merepsesi HAM warga negara, khususnya terkait dengan hak-hak sipil dan politik dan ekonomi, sosial dan budaya. Serta berkenaan dengan penegakkan hukum bagi perusak lingkungan yang lemah. Metode penelitian yang digunakan adalah menggunakan metode penelitian sosio-legal. Hasil penelitian adalah Keterbatasan dalam penuntutan pelaku kejahatan ekosida hanya pada kejahatan perang membuat sulitnya meminta pertanggungjawaban atas kejahatan yang dilakukan, baik terhadap individu maupun korporasi multinasional/transnasional. RUU Omnibus Law Cipta Kerja menjadi potensi yang sangat besar untuk melanggengkan praktik kejahatan ekosida yang secara sistematis baik dalam aspek politik hukum, maupun sosial ekonomi, kebudayaan. Sehingga, tidak ada alasan yang menguatkan bahwa RUU Omnibus Law Cipta Kerja ini justru memihak pada pengrusakan lingkungan, serta melanggengkan praktik impunitas bagi pelaku kejahatan kerusakan lingkungan.
Kata kunci: Kejahatan Ekosida, Penegakkan Hukum, RUU Omnibus Law
23
Suntoro, Agus. "The Military and Civil Supremacy in Indonesian Democracy: Towards an Ideal Model in Siyāsah Sharʻiyyah Perspective." Al-Risalah 19, no. 2 (December 2, 2019): 159. http://dx.doi.org/10.30631/al-risalah.v19i2.488.
Full textAbstract:
In the history of Indonesia, civil-military relations changed in the reformasi era with the separation of the military and the police, resulting in the removal of the dual-function doctrine and military reform. Despite so, two decades after reformasi has not formed a standard and ideal mechanism to govern civil-military relations within the framework of objective civilian control. This paper addresses issues regarding (a) how the dual-function concept and internal reform within the military; (b) regulatory issues that govern military operations other than war; (c) the ideal model of civil-military relations in Indonesia to ensure democratic life and an overview of the siyāsah sharʻiyyah aspects. Using descriptive qualitative method and conducting discussions with military and human rights experts, this paper demonstrates that military reform in Indonesia after the New Order has not yet been fruitful to accomplish the mission to form professional soldiers. The military is still involved in political and civilian life under the pretext that there is no military assistance law. As a consequence, the ideal model of civilian control that puts the military under the control of civilian authority according to siyāsah sharʻiyyah principle has not been fully successful and effective.
24
Suntoro, Agus. "The Military and Civil Supremacy in Indonesian Democracy: Towards an Ideal Model in Siyāsah Sharʻiyyah Perspective." Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan 19, no. 2 (December 2, 2019): 159–78. http://dx.doi.org/10.30631/alrisalah.v19i2.488.
Full textAbstract:
In the history of Indonesia, civil-military relations changed in the reformasi era with the separation of the military and the police, resulting in the removal of the dual-function doctrine and military reform. Despite so, two decades after reformasi has not formed a standard and ideal mechanism to govern civil-military relations within the framework of objective civilian control. This paper addresses issues regarding (a) how the dual-function concept and internal reform within the military; (b) regulatory issues that govern military operations other than war; (c) the ideal model of civil-military relations in Indonesia to ensure democratic life and an overview of the siyāsah sharʻiyyah aspects. Using descriptive qualitative method and conducting discussions with military and human rights experts, this paper demonstrates that military reform in Indonesia after the New Order has not yet been fruitful to accomplish the mission to form professional soldiers. The military is still involved in political and civilian life under the pretext that there is no military assistance law. As a consequence, the ideal model of civilian control that puts the military under the control of civilian authority according to siyāsah sharʻiyyah principle has not been fully successful and effective.
25
Julian, Fajar Prima, and Ratna Herawati. "Juridical Overview on the Inconsistency of Prohibition to be the Member of Political Parties for the Members of Public Institutions." LAW REFORM 17, no. 2 (September 30, 2021): 201–13. http://dx.doi.org/10.14710/lr.v17i2.41747.
Full textAbstract:
The creation of a justice in the life of the nation and state must be supported by regulations that do not conflict with other regulations. The prohibition to join a political party for administrators of public institutions is in conflict with higher regulations. The article is considered contrary to the principle of "Equality before the Law" when viewed from the aspect of equal concern put forward by Ronald Dworkin. The purpose of this research was to analyze the inconsistency of the prohibition article for members of public institutions to join political parties and to explain the legal implications for the public institutions when they do not comply with these regulations. The method used was normative juridical with descriptive analytical research specifications, and the type of the data were secondary data. The data analysis was conducted qualitatively. Political rights are part of the human rights owned by a person who should not be limited by discriminatory treatments. In fact, there are still restrictions on these political rights which are detrimental to a person from contributing to become the administrator of a public institution. The contents of conflicting articles cause the public institutions to have a crisis of law compliance, is actually a hierarchical harmony between laws and regulations in Indonesia.
26
Arief, Muhammad. "Re-Evaluasi Proses Penyelesaian Pelanggaran Hak Asasi Manusia." Kalabbirang Law Journal 3, no. 1 (January 15, 2021): 58–69. http://dx.doi.org/10.35877/454ri.kalabbirang279.
Full textAbstract:
Tujuan Penelitian menganalisis proses penyelesaian pelanggaran Hak Asasi Manusia (HAM) berat pada Persitiwa Trisaksi oelh Kejaksanaan Agung Republik Indonesia. Metode Penelitian yang digunakan adalah metode penelitian hukum. Normative dengan pendekatan kualitatif yang diuraikan secara deskriptif. Hasil peneltian menunjukan bahwa pelanggaran HAM berat pada peristiwa penanganan demonstrasi di Kampus Universitas Trisakti pada tahun 1998, oleh aparat keamanan; sehingga menyebabkan tewasnya empat orang mahasiswa dan ratusan lainnya luka. Komnas HAM telah melakukan (investigasi) penyelidikan terhadap peristiwa tersebut, dan laporan Komnas HAM menyimpulkan telah terjadi pelanggaran HAM berat atas insiden tersebut. Hasil penyelidikan tersebut telah dilaporankn Komnas HAM, dan berkas laporan tersebut telah diserahkan kepada Jaksa Agung; tetapi sampai saat ini (±18 tahun) Jaksa Agung belum memproses ke tingkat peneyidikan dan penuntutan. Alasan Jaksa Agung, berkaitan dengan hal-hal teknis yuridis, yang oleh publik dianggap tidak relevan dengan substansi kasus/masalah. Tetapi intinya aspek politis dan non yudisial lebih mengitari kasus-kasus tersebut.
The purpose of this research is to analyze the process of resolving gross violations of human rights (HAM) at the Trisaksi event by the Supreme Court of the Republic of Indonesia. The research method used is legal research methods. Normative with a qualitative approach described descriptively. The research results show that gross human rights violations during the handling of demonstrations at the Trisakti University Campus in 1998, by security forces; causing the death of four students and hundreds of others injured. Komnas HAM has conducted (investigated) investigations into the incident, and the Komnas HAM report concludes that gross human rights violations have occurred in the incident. The results of the investigation have been reported by Komnas HAM, and the report files have been submitted to the Attorney General; but until now (± 18 years) the Attorney General has not yet proceeded to the level of investigation and prosecution. The Attorney General's reasons relate to juridical technical matters which the public deems irrelevant to the substance of the case / problem. But in essence, the political and non-judicial aspects surround these cases.
27
Evanalia, Sadryna. "Peran Jurnalisme Media Sosial dalam Mewujudkan Demokrasi Indonesia di Era Post Truth." Jurnal Adhyasta Pemilu 5, no. 1 (July 1, 2022): 32–43. http://dx.doi.org/10.55108/jap.v5i1.86.
Full textAbstract:
Social Media is one of the public spaces for discussing and participating in politics to realize democracy. However, social media also has a weakness in disseminating hoaxes, misinformation, and exposing the Post Truth phenomenon that threatens the sustainability of democracy in Indonesia. The Normative Media Theory suggests that a media should (1) guarantee freedom of opinion, (2) convey information and know the truth, (3) be independent and reduce the interests of media owners, (4) have a variety of information available to the public, (5) reach out to the public. broadly various audiences, (6) supports a democratic political system, (7) and respects the privacy and human rights in general. This study investigates the role of KompasTV social media in realizing democracy in the post-truth era as a form of social media journalism. The research method used is descriptive qualitative with data collection in the form of observations and interviews. From the results of the research, it was found that KompasTV social media journalism upholds aspects of the Normative Media Theory perspective by prioritizing news value, verification, and fact-checking to ward off and avoid hoaxes, due to important and interesting things for the community. However, as a media that plays in the realm of social media, KompasTV in the pre-election period used SEO (Search Engine Optimization), Trending Topics, and viral issues in its journalistic production to increase views. Meanwhile, during the election period, KompasTV social media put forward the principle of balance.
28
Adhha, Nurul, Asep Saepudin Jahar, Kamarusdiana Kamarusdiana, and Imam Subchi. "Strategies and Challenges for Women Protection against Violence: A Case Study of Jakarta and Cairo." Jurnal Humaniora 33, no. 1 (February 27, 2021): 50. http://dx.doi.org/10.22146/jh.58912.
Full textAbstract:
This study aims at illustrating the weakness of women protection against violence in various levels in Indonesia and Cairo. Both countries share common failure in protecting women due to the incapability poor performance of police and local governments. In addition, cultural values and religious understanding have played a part in narrowing the concern to the protection. Basically, Indonesia has already set some legal instruments to protect women against any violence through the gender-based laws and policies. In practice, however, such laws and policies have faced several complexities in regards to the nature of institution, security role and social values among society. Violence against women is generally regarded as moral and norm violations instead of criminal acts. In some respects, the weakness of law enforcement indicates the ineffectiveness of the existing laws and policies. Similarly, Egypt also suffers from the backwardness of women protection against violence. In fact, legal reform for women protection in this country was made in 2014 through special constitution. Such constitution is the first law set to promote the status and role of women in both private and public affairs. In addition, it also aims at ensuring equal rights and obligations in women protection which is free from discrimination and empowering as well as caring for women and girls victims at various stages of case handling system. Referring to the data and actual documents collected during the research, this study has found a result stating women protection has faced various aspects of social and political interests. To that end, it necessary to strengthen the role of civil society in controlling the government and making people aware of gender equality in particular and human rights in general.
29
Gitaningrum, Indah, and Mohammad Iqbal Ahnaf. "The Reintegration of Former Jihadist Detainees in Solo Region: Changing A Way of Life in A New Life." Analisa: Journal of Social Science and Religion 6, no. 02 (December 31, 2021): 217–34. http://dx.doi.org/10.18784/analisa.v6i02.1421.
Full textAbstract:
In the process of deradicalization, the reintegration of former jihadist detainee places as the most dilemmatic agenda to conduct. It raises a problematic situation between the issue of security and restoring the former jihadist detainees’s human rights. But, the struggle in the reintegration process not only occurs to the state and host community but also to the former jihadist detainees itself. This paper focuses on the story of former jihadist detainees in Solo region who have different experiences in their reintegration process and their strategies to encounter the problem as an effort to erase the radical thinking and start a new life. Solo Region was chosen because it receives a 'stigmatization' as a cultivation region for religious radicalism because of its record on radical Muslim's web and figure such as Abubakar Baasyir (the founder of Islamic radical group namely Jemaah Islamiyah). It also becomes a growing place for Islamic radicalism groups such as Jamaah Ansharut Daulah (JAD) and Jamaah Islamiyah which contributed toward Makassar’s Cathedral bombing, Bali bombing I and II and Laskar Jihad and Majelis Mujahidin Indonesia which tried to enforce Islamic value in Indonesia. The data of this research was gained by conducting an in-depth interview with four former jihadist detainees in Solo region who are willing to be interviewed under the pseudonym. Also, exposure some references as the secondary data. This article found that a sustainable, gradual, and comprehensive reintegration process in social, ideological, political, and economic aspects could support the effort of former jihadist detainees in the Solo region to establish a new life.
30
Schiller, Rachel. "Reconciliation in Aceh: Addressing the social effects of prolonged armed conflict." Asian Journal of Social Science 39, no. 4 (2011): 489–507. http://dx.doi.org/10.1163/156853111x597297.
Full textAbstract:
Abstract Aceh, Indonesia is one of the few societies that have successfully navigated a post-disaster transition following simultaneous natural and man-made disasters. Since the August 2005 peace agreement, Aceh’s road to recovery from the 2004 Indian Ocean tsunami and 30 years of separatist war has been largely successful. However, key challenges remain to consolidate the success of Aceh’s post-disaster transition and ensure sustainable peace in the province. Reconciliation is among the challenges that has to date been largely neglected. While significant political and economic change has occurred, prolonged armed conflict left behind a legacy of negative intergroup relations in Aceh that has yet to be addressed. As political realities have delayed implementation of mechanisms designed to promote reconciliation such as the Truth and Reconciliation Commission and the Human Rights Court, this paper argues that peacebuilding practitioners should adopt complementary approaches to reconciliation such as intergroup contact programs that are being proven effective in various international contexts. It will explore an important, and largely neglected aspect of Aceh’s post-disaster transition by providing an overview of the literature on reconciliation and intergroup contact, and highlighting key efforts to pilot these techniques and advance reconciliation in Aceh.
31
Rosidin, Fenty Andriani, and Aprilya Fitriani. "Maqasid Sharī‘ah -Based Multidimensional Criticism toward the Implementation of Indonesian Pre-Employment Card (Kartu Prakerja) Program Amidst The Covid-19 Pandemic." Journal of Islamic Thought and Civilization 11, no. 1 (June 29, 2021): 374–95. http://dx.doi.org/10.32350/jitc.111.20.
Full textAbstract:
Indonesia recognizes the magnitude of the economic impact of Covid-19 outbreak for the low, middle, and high levels. As a solution, the Government has issued the Pre-Employment Card (Kartu Prakerja) Program that provided for households or individuals affected by Covid-19. However, since its launch on April 11, 2020, the Pre-Employment Program has been controversial and criticized by users, public and public figures. Therefore, this research aims to sharpen the criticism of the Pre-Employment Program from the perspective of Maqasid Sharī‘ah which represents the main objectives of Islamic law, which is multidimensional, because it includes aspects of religion (hifz al-dīn), biopsychology (al-nafs), education (al-‘aql), social (al-nasl) and economic (al-mal). This research applied qualitative research methods of library research and presented in the form of descriptive-analytic. There are five findings of this research. First, from a religious perspective, the implementation of the Pre-Employment Program in the midst of the Covid-19 pandemic brought more harm (mudarāt) than benefit (maslahat). Second, from the perspective of biopsychology, the Pre-Employment Program risks creating doubtful income (shubhat even haram), psychological pressure and nutritional needs neglect. Third, from an education perspective, online training which is part of the Pre-Employment Program, is considered ineffective, both in terms of training materials that do not produce job competence, or training participation which is at risk of fictitious. Fourth, from a social perspective, the Pre-Employment Program creates discriminatory policies, conflicts of interest and human rights violations. Fifth, from an economic perspective, the Pre-Employment Program creates waste, monopoly and the potential for corruption.
32
Saragih, M. Yoserizal. "Law, Journalistic Profession and Mass Media Ethics." Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 4, no. 2 (May 19, 2021): 2532–40. http://dx.doi.org/10.33258/birci.v4i2.1957.
Full textAbstract:
In law and mass media studies, morals and ethics are linked to the obligations of journalists, such as; the implementation of journalistic code of ethics in every journalistic activity is subject to legal institutions and regulations to carry out with good etiquette as the provisions in the law, which are a set of principles and rules that have generally been accepted and approved by the public. In this regard, ethical principles for the journalistic profession provide a legal basis for managing news in the media in an orderly manner in the relationship between legal subjects. In developments in media institutions in Indonesia, the aspects of share ownership in the media (leadership), economics and media marketing will greatly determine the ideology that is promoted by the media, where this ideology, if it leads to a political economy approach, will create media actors who are less familiar with communication ethics. Communication ethics here are positioned as mere instruments and become less meaningful in determining program content, program quality and media actors' respect for human rights that are represented by individuals as sources of information. This choice raises communication ethics on media actors who are considered to have experienced a reduction. Media players as a profession have taken a shortcut by referring to the principle of benefit, prioritizing the principle of benefit in its coverage and news, which is also paradoxical with the professional ethics it carries. To make matters worse, the absence of respect for the presumption of innocence in the name of the public's interest in obtaining information will increasingly make the mass media and media actors as dominant persons in reconstructing and manipulating social reality. Up to this point, the choice of the tendency to interpret the political economy approach or the ethical approach, in fact both of them do not have obvious legal implications, all of them are returned to each individual who is involved in activities in mass media institutions.
33
Budiardjo, Carmel. "Human rights in Indonesia." Index on Censorship 19, no. 8 (September 1990): 28. http://dx.doi.org/10.1080/03064229008534930.
Full text
34
Niveau, Gerard, Marinette Ummel, and Timothy Harding. "Human Rights Aspects of Transsexualism." Health and Human Rights 4, no. 1 (1999): 134. http://dx.doi.org/10.2307/4065171.
Full text
35
Hadiprayitno, Irene Istiningsih. "Defensive Enforcement: Human Rights in Indonesia." Human Rights Review 11, no. 3 (October 6, 2009): 373–99. http://dx.doi.org/10.1007/s12142-009-0143-1.
Full text
36
Drugov, A. Yu. "Human rights in Indonesia. Present situation." South East Asia: Actual problems of Development, no. 1(46) (2020): 79–97. http://dx.doi.org/10.31696/2072-8271-2020-1-1-46-079-097.
Full textAbstract:
The level of securing of basic human rights in Indonesia has raised significantly during the period of democratic reforms beginning from 1998. Still Indonesians have to overcome complex heritage of communal traditions and that of the political culture which emerged during previous authoritarian regimes. The recent rise of Islamic radicalism also plays its negative role. The author touches upon the situation in the provinces of Aceh and Papua as well as upon social processes that stand in the way of securing more completely the human rights in the country.
37
Alvat, Pradikta Andi. "Politics Of Law Human Rights Protection In Indonesia." Jurnal Daulat Hukum 2, no. 4 (March 28, 2020): 513. http://dx.doi.org/10.30659/jdh.v2i4.8354.
Full textAbstract:
This study aims to know how political development of legal protection of human rights in Indonesia and political objectives of the legal protection of human rights itself. The research method using normative juridical approach. Specification of the research is descriptive. Provide an overview and critical analysis and conclusions of the research object. Source data using secondary data sources through books and legislation. The data collection method through the study of literature. Analysis of data using qualitative approach. The results showed that the political development of the legal protection of human rights has undergone discourse tight since the formulation of the Constitution and found basic juridical-constitutional is ideal since the reform era with the birth of Chapter XA in the constitution on human rights, born Law of Human Rights, and the formation of the court of HAM. The purpose of a political human rights protection law contains three dimensions, namely the dimensions of philosophical, sociological dimension and juridical dimension.Keywords: Protection Of Human Rights; Political Law; State Law.
38
McGregor, Katharine E. "Memory Studies and Human Rights in Indonesia." Asian Studies Review 37, no. 3 (September 2013): 350–61. http://dx.doi.org/10.1080/10357823.2013.792782.
Full text
39
Farahat, Anuscheh, and Ingrid Leijten. "Human rights overreach?" Netherlands Quarterly of Human Rights 40, no. 2 (May 24, 2022): 83–97. http://dx.doi.org/10.1177/09240519221099814.
Full textAbstract:
Current and future challenges are in need of an effective human rights response. In ensuring this, the question can be asked whether there is such a thing as human rights overreach, and if so, what must be done about it. This contribution deals with this question by, first, outlining various forms of human rights proliferation. For example, proliferation can take the shape of expanding the scope of rights or inventing new human rights. It then illuminates several lines of criticism that can be found in the literature. These concern issues of legalisation and of judicialisation, as well as the indeterminacy of rights. The articles that together form this Special Issue deal with aspects of proliferation and (potential) overreach from different and original angles. After introducing these, it is concluded that the overreach question is even more complex than it seems and requires careful consideration if we want to make human rights more effective and more resilient.
40
Taufiq, Taufiq, Anik Kunantiyorini, and Achmad Soeharto. "ISLAM, HAM DAN KONSTITUSIONALISME INDONESIA." Pena Jurnal Ilmu Pengetahuan dan Teknologi 36 (April 18, 2022): 54. http://dx.doi.org/10.31941/jurnalpena.v36i0.1966.
Full textAbstract:
<p>The development of human rights as an intrinsic element that exists in humans has existed for a long time. Awareness of the existence of human rights, self-esteem, dignity and human dignity has actually been started since humans were on earth. This is because human rights have naturally existed since humans were born and are rights that are inherent and inseparable from human beings. The constitution in force in Indonesia recognizes that the position of human rights is very vital, although there are differences in terms of quality and quantity, especially in adopting human rights instruments, socio-political conditions which then have an influence on the contents of the constitution. Thus, it is clear that human rights are a basic need of society that must be contained in a constitution, as well as related to the basic values of the nation state itself.</p>
41
Stammers, Neil. "Human Rights and Power." Political Studies 41, no. 1 (March 1993): 70–82. http://dx.doi.org/10.1111/j.1467-9248.1993.tb01638.x.
Full textAbstract:
This paper is an initial attempt to link the concepts of human rights and power from a social constructionist perspective. It looks at aspects of the social history of natural and human rights and the relationship of this history to extant power relations. It suggests that conceptions of human rights have both challenged and sustained particular forms of power, thus playing a highly ambivalent role. The paper also examines and criticises the philosophical underpinnings of liberal and marxist approaches to the concept of human rights. In a concluding section it considers the possibility of constructing a power analysis which might provide a way of anchoring the concept of human rights in social practices.
42
Oktavriana, Diah Ratri. "Women’s Political Rights Context in Gender and Human Rights Perspective." International Journal of Islamic Thought and Humanities 1, no. 1 (March 1, 2022): 51–65. http://dx.doi.org/10.54298/ijith.v1i1.15.
Full textAbstract:
Women have the right and the potential to make a real contribution to politics. However, the phenomenon of the increasing number of female figures in political contestation in the regions is still the pros and cons. Hence, the involvement of women still invites discussion, and debate, and often leaves doubts. Currently, the representation of women in the legislature is an essential concern of the government, one of which is through an affirmative action policy. In the political context, this affirmative action encouraged women's representation in the legislature. So that a regulation is needed that can guarantee and ensure the representation of women in parliament, both nationally and regionally. Starting with the ratification of the Convention on the Elimination of All Forms Of Discrimination Against Women (CEDAW) by Indonesia in 1984 through Law Number 7 of 1984 which provides special treatment to achieve gender equality, it has also been carried out through several other national laws and regulations, such as Law no. 12 of 2003 which regulates the political parties participating in the election to pay attention to the representation of women at least 30% in the nomination of members of the legislature.
43
Flynn, E. "Human rights aspects of the Kosovo crisis." Refugee Survey Quarterly 18, no. 3 (October 1, 1999): 47–49. http://dx.doi.org/10.1093/rsq/18.3.47.
Full text
44
de Beco, Gauthier. "Human Rights Indicators for Assessing State Compliance with International Human Rights." Nordic Journal of International Law 77, no. 1-2 (2008): 23–49. http://dx.doi.org/10.1163/090273508x290681.
Full textAbstract:
AbstractThis article discusses human rights indicators for assessing state compliance with international human rights. It analyses the use of human rights indicators before treaty bodies, how human rights aspects are to be integrated into these indicators and what conceptual framework must be developed for their establishment. The article also examines the different kinds of data required for human rights indicators, the way in which indicators relating to both civil and political and economic, social and cultural rights could be developed as well as the types of human rights indicators that could be used. The article concludes with how to make human rights indicators a useful instrument for monitoring state compliance with international human rights.
45
Howard, Rhoda E. "Human Rights and Democratization in Nigeria: Comparison with Indonesia." Netherlands Quarterly of Human Rights 10, no. 4 (December 1992): 414–46. http://dx.doi.org/10.1177/016934419201000402.
Full text
46
Cruft, Rowan. "Human Rights Law Without Natural Moral Rights." Ethics & International Affairs 29, no. 2 (2015): 223–32. http://dx.doi.org/10.1017/s0892679415000088.
Full textAbstract:
In this latest work by one of our leading political and legal philosophers, Allen Buchanan outlines a novel framework for assessing the system of international human rights law—the system that he takes to be the heart of modern human rights practice. Buchanan does not offer a full justification for the current system, but rather aims “to make a strong prima facie case that the existing system as a whole has what it takes to warrant our support of it on moral grounds, even if some aspects of it are defective and should be the object of serious efforts at improvement” (p. 173).
47
Siagian, Abdul Hakim. "Constitutional Complaint as Strengthening Constitutionalism in Indonesia." Randwick International of Social Science Journal 1, no. 3 (October 23, 2020): 486–98. http://dx.doi.org/10.47175/rissj.v1i3.102.
Full textAbstract:
The inclusion of human rights in the constitution gives a new status for these rights to become constitutional rights. The guarantee of human rights in the constitution has not been in line with legal efforts to protect these rights. Mechanisms constitutional review in Indonesia only accommodates the testing effort constitutionality of Law (judicial review), whereas there are still many objects of state action that can harm the constitutional rights of citizens, but they do not have any resolution because they have not been provided for by Indonesian positive law. This study aims to identify how the interrelationship between guaranteeing human rights in the constitution and strengthening constitutionalism due to the inclusion of human rights in the constitution, how the concept of constitutional complaints in various countries is, and how relevant is it to be applied in Indonesia. This research describes the material that exists in historical, comparative and reconstruction (modification) aspects as an effort to make the concept relevant to be applied in Indonesia. This research shows that human rights and the constitution have a reciprocal relationship (reciprocal), various concepts in other countries have a lot of relevance to Indonesia, and there are several technical-procedural concepts and juridical arrangements that are relevant to be applied in Indonesia. So, it is necessary to regulate constitutional complaints as a legal measure to protect the constitutional rights of citizens which have been guaranteed by the constitution and increase the value of the constitutionalism of citizens in Indonesia.
48
Kuitenbrouwer, Maarten. "Colonialism and Human Rights. Indonesia and the Netherlands in Comparative Perspective." Netherlands Quarterly of Human Rights 21, no. 2 (June 2003): 203–24. http://dx.doi.org/10.1177/016934410302100203.
Full textAbstract:
In a pioneering article, titled ‘Colonialism and Human Rights, A Contradiction in Terms?’ the American historian Conklin established in 1998 that France not only violated human rights in West Africa about 1900, but also promoted them for a small African elite, both in intended and unintended ways. For colonial Indonesia about 1900 the British historian Ricklefs observed in more general terms a similiar human rights balance. In this article this rough human rights balance is elaborated in more detail and for a longer period in comparative perspective. The case of the Netherlands Indies is compared to British India, French Indochina and independent Thailand during the 19th and 20th centuries. Both the human rights violations during colonial conquest and the limited promotion of political and civil rights and education could be specified in rather exact terms. But for social and economic rights GNP figures had to be chosen as main indicator. In general, British India took the lead in the promotion of political and civil rights and education, and independent Thailand in economic development, while the Netherlands Indies occupied a middle position and French Indochina lagged behind in both respects. In comparative perspective, education proved to be a crucial human right, opening the way to eventual selfdetermination.
49
Lang, P. P. "Human rights activities: legal and moral aspects." Juridical Journal of Samara University 7, no. 2 (October 19, 2021): 14–20. http://dx.doi.org/10.18287/2542-047x-2021-7-2-14-20.
Full textAbstract:
The article considers human rights activities as a phenomenon that constitutes an integral part of the legal society. It identifies problems of a theoretical and practical nature associated with difficulties in this area, caused by both the COVID-19 pandemic and other reasons. An attempt has been made to assess the legal and moral and ethical aspects of such a necessary activity at the present stage of the development of public relations, attention is paid to the position of international bodies regarding human rights activities, its goals and objectives. The importance and relevance of the topic is explained by the fact that, in the opinion of human rights defenders themselves, the entire system of human rights protection, created after one of the most terrible periods in modern world history, is going through a crisis at this historical stage, which is increasingly aggravated under the influence of numerous problems of political and economic nature. Military conflicts, migration, a pandemic clearly demonstrate the obvious need to address the issue of the essence of human rights activities, including its moral and ethical component.
50
Justisia, Vita. "Peran Ilmu Politik Dalam Mendukung Hak Asasi Manusia di Indonesia." Jurnal Studi Sosial dan Politik 2, no. 2 (December 28, 2018): 149–61. http://dx.doi.org/10.19109/jssp.v2i2.4058.
Full textAbstract:
Human rights is an idea that have a long process in the history of human civilization. Human rights always have a correlative relationship with human duty because of the nature of human nature as individuals and social beings. Human Rights has incuded in the Constitution of the Republic Indonesia UUD-RI 1945. The history of the Indonesian nation records the occurrence of various gross human rights violations such as crimes against humanity that occurred in East Timor, Aceh, Jakarta and in some other areas that have not completed the handling, whereas in the field of legislation of the Government of Indonesia has made various efforts to make laws and ratify them from various international instruments on human rights. This is due to the unrelated legislation existing with the political will of the government. Political science is concerned with the state's governance, State’s governance deals with key officials setting policy directions including human rights policies. For the public it is important to study political science so that the public can contribute to the political will of the government in the field of law enforcement of human rights in Indonesia.