Sedition in Liberal Democracies

2018 ◽  
Author(s):  
Anushka Singh
Keyword(s):  
Freedom Of Expression ◽  
Legal Protection ◽  
Community Based ◽  
Political Speech ◽  
Liberal Democracies ◽  
Indian Experience ◽  
Judicial Discourse ◽  
The Law ◽  
The Government ◽  
The Right

Liberal democracies claim to give constitutional and legal protection of varying degrees to the right to free speech of which political speech and the right to dissent are extensions. Within the right to freedom of expression, however, some category of speeches do not enjoy protection as they are believed to be ‘injurious’ to society. One such unprotected form of political speech is sedition which is criminalized for the repercussions it may have on the authority of the government and the state. The cases registered in India in recent months under the law against sedition show that the law in its wide and diverse deployment was used against agitators in a community-based pro-reservation movement, a group of university students for their alleged ‘anti-national’ statements, anti-liquor activists, to name a few. Set against its contemporary use, this book has used sedition as a lens to probe the fate of political speech in liberal democracies. The work is done in a comparative framework keeping the Indian experience as its focus, bringing in inferences from England, USA, and Australia to intervene and contribute to the debates on the concept of sedition within liberal democracies at large. On the basis of an analytical enquiry into the judicial discourse around sedition, the text of the sedition laws, their political uses, their quotidian existence, and their entanglement with the counter-terror legislations, the book theorizes upon the life of the law within liberal democracies.

Conclusion

2018 ◽  
pp. 363-368
Author(s):  
Anushka Singh
Keyword(s):  
Free Speech ◽  
Legal Protection ◽  
Freedom Of Speech ◽  
Political Speech ◽  
Liberal Democracies ◽  
Liberal Democratic ◽  
Judicial Discourse ◽  
Political Speeches ◽  
The Law ◽  
The Right

The life of a law exists both within and beyond the statute books and courts’ interpretations. This assertion has been made in this work in the exploration of the journey of the law of sedition primarily at three levels—the first concerns itself with analysing the language of the law of sedition; the second, with studying the judicial discourse on sedition; and the third pertains to interrogating the quotidian aspects of law as it unfolds on the ground. While this work offers a focused study on Indian democracy at all these levels, it has broadened its scope by including experiences from the liberal democracies of the west in its analysis. This work has used sedition as a lens to probe the fate of political speech in liberal democracies which claim to give constitutional and legal protection of varying degrees to the right to free speech, of which political speech and the right to dissent are extensions. Despite the claims to protection, the working of such democracies has shown that the freedom of speech in relation to political speeches particularly has always been in danger. The liberal-democratic space has continued to shrink for dissident voices despite the progression of liberal democracies towards free speech jurisprudence and annulment or modification of laws related to sedition....

scholarly journals WEWENANG KEPOLISIAN MENGADAKAN TINDAKAN LAIN DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP ANAK MENURUT UNDANG-UNDANG NO.11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Wayan Juwahyudhi
Keyword(s):  
Juvenile Offenders ◽  
Justice System ◽  
Research Method ◽  
Legal Protection ◽  
Negative Effects ◽  
Legal Research ◽  
Effects On Children ◽  
The Law ◽  
The Government ◽  
The Right

ABSTRACTOne of the police authorities is a discretionary action, where the action can also be done at the time of the investigation in dealing the juvenile offenders to protect children’s right to get justice and maximum legal protection. In the Law Number 11 of 2012 on the Juvenile Criminal Justice System stipulate about the investigator authority to carry out action of diversion, but this only applies to children under sentence of less than 7 years in prison and does not apply in children who are subject to punishments of more than 7 years in prison. This is contrary to the 1945 Constitution and the Law Number 23 of 2002 which emphasizes the protection of children before the law an the efforts to avoid imprisonment of the juvenile offenders.The thesis describes the police authority and the legal mechanisms and policies by the investigator in protecting the right on the juvenile offenders that puts the principles of legal protection. In order to avoid negative effects on children, therefore the police discretion is needed to avoid restrictions on freedom of the children’s right. The method used is a normative legal research method, where the normative or library legal research method is done by examining existing library materials.The writer suggested to the government to be more serious in dealing with the problems of children, especially for the juvenile offenders so that the welfare and right of children are protected and to avoid restrictions on freedom and minimize for juvenile offenders.

scholarly journals Digital Security Act and Investigative Journalism in Bangladesh: A Critical Analysis

2020 ◽  
Vol 2 (2) ◽  
pp. 216-236
Author(s):  
Md. Aliur Rahman ◽  
Harun-Or Rashid
Keyword(s):  
Freedom Of Expression ◽  
Investigative Journalism ◽  
Secondary Sources ◽  
Information And Communication ◽  
The Media ◽  
The Law ◽  
The Government ◽  
Negative Impacts ◽  
The Right ◽  
Harmful Effects

The Digital Security Act 2018 has created some barriers for citizens' accessing information and freedom of expression, particularly for the media professionals including journalists in Bangladesh. Thus, investigative journalism is now in a state of fear for distinction. In this context, the purpose of the study is to explore various effects of this Act, as well as to focus on different directions of protection while facing fears associated with the law. Showing the necessities for investigative journalism, this article also presented different fields of such an effective journalism. Methodologically, this article has followed the qualitative approach and collected information from both the primary and secondary sources. The findings from this study have shown that the fear of negative impacts form the Digital Security Act is dominant although the aim of the law, as described, is to provide security for information and communication. From the analysis of opinions of experts, it is easily predictable that some articles of the law have created dangerous threats on the way of investigative journalism, considering its applicable effects. Most of the experts expressed concerns about the negative impacts the law does have, as shown in the findings.  It is also reflected that these harmful effects would fall ultimately on the shoulder of the state creating such a bad situation where the government is feared to have lagged in terms of taking the right decisions at the right time.

scholarly journals KEABSAHAN SERTIFIKAT JAMINAN FIDUSIA ATAS BARANG MILIK PIHAK KETIGA YANG DIJAMINKAN SECARA MELAWAN HUKUM

2018 ◽  
Vol 4 (1) ◽  
pp. 22
Author(s):  
Anita Kamilah
Keyword(s):  
National Development ◽  
Legal Protection ◽  
Third Parties ◽  
Economic Activities ◽  
Community Effort ◽  
The Law ◽  
Fiduciary Relationships ◽  
The Government ◽  
To Come ◽  
The Right

Sustainability of national development is the increase in the life of the community effort that is supported through the granting of credit facilities or loans, as the provision of money or bills that can be equated with that loan agreement borrow the returns are made on a period of time to come. In order to provide protection and reassurance against creditors in obtaining her credit refund, the Government ratified the Act No. 42 Year 1999 About the Fiduciary Guarantee gives the right to the lender through fiduciary certificates as material warranties that are submitted on the basis of trust, where the owner can still use his guarantee for economic activities. The ease, often abused the debtor not good intentioned one through the securing of objects belonging to third parties fiduciary are against the law to the detriment of creditors because it resulted in no fiduciary guarantee legitimately so the lender no longer has the right to obtain payment preferent precedence if the debtor tort in fulfilling the obligation payment of his credit. In addition, the owners of goods that harms his ownership was made the object of a fiduciary guarantee. Legal protection for owners of goods due to the securing of objects that are against the law of fiduciary relationships can do the prosecution indemnity as well as requesting removal of the disturbances a pleasure over the right material.Keywords: Fiduciary Certificates, Credit, Against The Law, Torts.

scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK AKIBAT PERCERAIAN ORANG TUA

2017 ◽  
Vol 6 (2) ◽  
pp. 200
Author(s):  
Putu Sauca Arimbawa Tusan
Keyword(s):  
Legal Protection ◽  
Court Decision ◽  
Direct Result ◽  
Child Victims ◽  
The Law ◽  
The Government ◽  
The Right ◽  
The Impact ◽  
Research Type

Legal protection is the right of every citizen including the right for children. All citizens are equal before the law and government and shall abide by the law and the government without any exception. The state should make laws as commander in safeguarding the implementation of national and state life. Every child has the right to live, grow and develop and are entitled to protection and violence and discrimination. Divorce cases in particular Denpasar Bali every year showed an increase. It is necessary to get the attention of the parties concerned, because of the impact of divorce experienced by children can be felt directly by the children themselves. Children become victims direct result of his parents' divorce. The judiciary has an important role to ensure the rights of children through a court decision. Judges who hear cases of divorce may consider in its decision to regulate the rights of children whose parents did divorce. This research with the normative methods research type, which aims to provide a clear picture of the setting and the role of judges in providing legal protection for child victims of divorce. Perlindungan hukum merupakan hak bagi setiap warga negara termasuk juga hak bagi anak. Segala warga negara bersamaan kedudukannya di dalam hukum dan pemerintahan dan wajib menjunjung hukum dan pemerintahan itu dengan tidak ada kecualinya. Negara harus menjadikan hukum sebagai panglima dalam mengawal penyelenggaraan kehidupan berbangsa dan bernegara. Setiap anak berhak atas kelangsungan hidup, tumbuh dan berkembang serta berhak atas perlindungan dan kekerasan dan diskriminasi. Kasus perceraian di Bali khususnya kota Denpasar setiap tahunnya memperlihatkan adanya peningkatan. Hal ini perlu mendapatkan perhatian oleh pihak terkait, karena dampak perceraian yang dialami anak dapat dirasakan langsung oleh anak itu sendiri. Anak menjadi korban langsung akibat perceraian orang tuanya. Lembaga peradilan mempunyai peranan penting untuk menjamin hak-hak anak lewat putusan pengadilan. Hakim yang memeriksa perkara perceraian misalnya dapat mempertimbangkan dalam putusan nya untuk mengatur tentang hak-hak anak yang orang tuanya melakukan perceraian. Penelitian ini menggunakan metode penelitian hukum normatif, yang bertujuan untuk memberikan gambaran yang jelas tentang pengaturan dan peranan hakim dalam memberikan perlindungan hukum bagi anak korban akibat perceraian.

scholarly journals Analysing the legal aspect of freedom of expression within the framework of political discourse: The current situation in legislature and judicial practice in the Republic of Serbia

2021 ◽  
Vol 93 (3) ◽  
pp. 616-664
Author(s):  
Aleksandar Stevanović
Keyword(s):  
Freedom Of Expression ◽  
Legal Aspect ◽  
Legal Protection ◽  
Political Life ◽  
Specific Reference ◽  
Political Speech ◽  
Judicial Practice ◽  
Personal Rights ◽  
The Republic ◽  
The Right

In this paper, the author considers the importance of the right to freedom of expression with specific reference to political speech, which is undoubtedly an important precondition for the establishment of democratic institutions. Free political speech encourages a well-informed and politically sophisticated citizenry to take part in political life. Thus, political speech has a privileged position in terms of legal protection. However, in some cases, the limits of freedom of expression can come into questions, as well as the scope of political speech. It is a well-established stance that politicians need to tolerate a greater degree of criticism due to their positions. Nevertheless, they also need to be protected when it comes to the endangerment of their personal rights, beyond justified political discussion.

scholarly journals PERLINDUNGAN HUKUM TERHADAP HAK-HAK ANAK ATAS PENDIDIKAN PADA MASA PANDEMI COVID-19 [The Legal Protection of Children's Right to Education during the Covid-19 Pandemic]

Law Review ◽  
2021 ◽  
pp. 323
Author(s):  
Cynthia Phillo ◽  
Hessa Arteja ◽  
M Faiz Rizqi
Keyword(s):  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Right To Education ◽  
Legal Method ◽  
The Future ◽  
The Law ◽  
The Government ◽  
The Right ◽  
Bahasa Indonesia

<p><em>Children as the forerunners of the successor to the future Indonesia nation make children individuals who become priorities in holding the right to education. The law itself has governed the rights that a child must have, including the right to get a proper education. Due to the COVID-19 Pandemic, the government finds it difficult in providing legal protection for a proper education rights of children. By using normative legal method, this paper will explain how the legal protection of children’s rights  over education during the COVID-19 Pandemic that’s happening and how the government’s role is in fulfilling childern’s rights in getitng an education.</em></p><p><strong>Bahasa Indonesia Abstrak: </strong>Anak sebagai cikal bakal penerus bangsa Indonesia menjadikan anak sebagai individu yang menjadi prioritas dalam memegang hak pendidikan. Undang-undang sendiri telah mengatur tentang hak-hak yang harus diteirma oleh anak, termasuk hak dalam pendidikan. Karena Pandemi COVID-19 yang terjadi, menambah kesulitan bagi pemerintah untuk memberikan perilundungan hukum bagi hak anak atas pendidikan. Dengan menggunakan penelitian hukum normatif, tulisan ini akan menjelaskan bagaimana perlindungan hukum hak anak atas pendidikan pada masa Pandemi COVID-19 yang sedang tejadi dan bagaimana peran negara dalam memenuhi hak anak dalam mendapat pendidikan.</p>

PEMANGGILAN NOTARIS DALAM RANGKA PENEGAKAN HUKUM PASKA PERUBAHAN UNDANG-UNDANG JABATAN NOTARIS

2016 ◽  
Vol 32 (1) ◽  
Author(s):  
Laurensius Arliman S
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Public Law ◽  
Public Official ◽  
The Law ◽  
Notary Public ◽  
The Government ◽  
The Right

AbstractNotary is a public official who is authorized to make an authentic act. Law No. 2 of 2014 on the Amendment of Law No. 30 Year 2004 on Notary, explains that, to take a photocopy of a Notary deed minuta and call a Notary in law enforcement, no longer through the Regional Supervisory Council permission. So the question arises, how the basic formation of the Honorary Council of Notaries in Act No. 2 of 2014, and how to call the Notary deed made. Based on research outputs by the author, Honorary Council of Notaries of birth, due to the need of legal protection against a Notary in deed. Notary Honorary Council is indispensable in the implementation of the law enforcement process, where the calling Notary by law enforcement (police, prosecutors, judges) must obtain permission from the Notary Honorary Council. To fill the legal vacuum, because the Honorary Council of Notaries has not been established, the Notary can use the right Dissenters, Indonesian Notary Association urged the government to establish a Notary Honorary Council Implementing Regulation.Keywords: Notary Public; Law Enforcement; Law Notary.IntisariNotaris merupakan seorang Pejabat Publik yang berwenang untuk membuat sebuah akta otentik.Undang Undang Nomor 2 Tahun 2014 Tentang Perubahan Atas Undang-Undang Nomor 30 Tahun 2004 Tentang Jabatan Notaris, menjelaskan bahwa, untuk mengambil fotokopi minuta akta seorang Notaris dan memanggil seorangNotaris dalam penegakan hukum, tidak lagi melalui izin Majelis Pengawas Daerah. Maka timbul pertanyaan, bagaimana dasar pembentukan Majelis Kehormatan Notaris dalam Undang-Undang Nomor 2 Tahun 2014, dan bagaimana memanggil Notaris yang membuatkan akta, Paska Perubahan Undang-Undang Jabatan Notaris Nomor 30 Tahun 2004. Berdasarkan hasil penelitian yang penulis lakukan, Majelis Kehormatan Notaris lahir, akibat kebutuhan perlindungan hukum terhadap seorang Notaris dalam pembuatan akta. Majelis Kehormatan Notaris sangat diperlukan didalam pelaksanaan proses penegakan hukum, dimana pemanggilan Notaris oleh para penegak hukum (polisi, jaksa, hakim) harus mendapat izin dari Majelis Kehormatan Notaris. Untuk mengisi kekosongan hukum, karena Majelis Kehormatan Notaris belum terbentuk, maka Notaris bisa menggunakan hak Ingkar, Ikatan Notaris Indonesia mendesak pemerintah untuk membentuk Peraturan Pelaksana Majelis Kehormatan Notaris.Kata Kunci: Notaris,penegakan hukum, Undang-Undang.

scholarly journals Overview Of The Rights Of Person With Disabilities: A Human Rights Approach

2021 ◽  
Vol 5 (IV) ◽  
pp. 34-42
Author(s):  
Dr. Ram Charan Meena,
Keyword(s):  
Human Rights ◽  
Human Beings ◽  
Social Approach ◽  
Persons With Disabilities ◽  
Psychological Barriers ◽  
Contemporary Situation ◽  
The Law ◽  
The Government ◽  
Definition Of ◽  
The Right

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights. The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.

scholarly journals Abortion: A Review on Indonesia Regulations

Rechtsidee ◽  
2019 ◽  
Vol 7 ◽  
Author(s):  
Hariansi Panimba Sampebulu
Keyword(s):  
Reproductive Health ◽  
Government Regulation ◽  
Safe Abortion ◽  
Long Time ◽  
The Law ◽  
Legal Construction ◽  
The Government ◽  
The Right

The position of women in legal construction in Indonesia today is still difficult to adjust to the circumstances that occur, especially in terms of equality issues. The abortion that has been a problem for so long time, being discussed because of the rules that are considered not in accordance with the existing rules, and the amount of pressure from various things. Law and Women are always placed in objects that are not neutral, especially in terms of discussing reproductive health. The government and legislation feel that they have a stake in integrating reproductive health owned by women. It is the position of women in the law that gives rise to many struggle movements and the diffusion of feminism in Indonesia. The rules of Article 31 paragraph 1 and 2 of Government Regulation Number 61 of 2014 which regulate safe abortion need to be more attention and safeguarded, so that a woman has the right to be based on herself. 

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