The Constitution and State Institutions

2018 ◽  
Author(s):  
Simon Butt ◽  
Tim Lindsey
Keyword(s):  
Human Rights ◽  
Constitutional History ◽  
State Institutions ◽  
State Administration ◽  
The Media

This chapter provides an overview of Indonesia’s constitutional structure and the institutions that operate within it. It begins with a brief constitutional history, from Independence to the post-Soeharto period, then outlines the key provisions of the Constitution, including the institutions of state and human rights established therein. It then briefly describes these constitutional institutions, including Indonesia’s various legislatures and consultative bodies, executives, and courts. The chapter concludes with a description of state institutions that, while not mentioned in the Constitution, play important roles in state administration, law and security, human rights, finance, and the media.

scholarly journals KEDUDUKAN KOMISI PERLINDUNGAN ANAK INDONESIA SEBAGAI STATE AUXILIARY BODIES DALAM SISTEM HUKUM KETATANEGARAAN INDONESIA

2017 ◽  
Vol 32 (2) ◽  
Author(s):  
Laurensius Arliman S
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
System State ◽  
State Institute ◽  
Independent State ◽  
State Institutions ◽  
Rights Of The Child ◽  
State Administration ◽  
Presidential Decree ◽  
Protection Of Human Rights

ABSTRACTChildren as the nation’s next generation must be respected fulfllment of his rights. We must know that the protection of rights, are part of human rights. Since Indonesia ratifed the Convention on the Rights of the Child (CRC), Indonesia has adopted a child protection in his administration. In 2002 afer Indonesia established the Child Protection Act, it gives birth to the Independent State Institute named Indonesian Child ProtectionCommission (KPAI). KPAI have the same status as other independent state institutions, established through the Act, the Presidential Decree, the Regulation President or the TAP MPR, and can move in the feld of judicial, executive and legislative. KPAI as an auxiliary state institutions in the feld of children’s rights enforcement has been to provide services according to the needs of protection of human rights and amandat in accordance with the Constitution, the Convention on the Rights of the Child (CRC) andthe Law on Child Protection. Efforts could be done by KPAI to realize sustainable child protection are: 1) Control, 2) Prevention, 3) Service and 4) Awareness.Keywords: KPAI; State Auxialiary Bodies; Legal System; State Administration; Indonesia.INTISARIAnak sebagai generasi penerus bangsa harus harus dijunjung tinggi pemenuhan hak nya.Kita harus tahu bahwa perlindungan hak, merupakan bagian dari hak asasi manusia.Sejak Indonesia meratifkasi Kovensi Hak Anak (KHA) maka Indonesia telah mengadopsi perlindungan anak dalam pemerintahannya. Pada tahun 2002 setelah Indonesia membentuk Undang-Undang Perlindungan Anak, maka lahirlah Lembaga Negara Independen yang bernama Komisi Perlindungan Anak Indonesia (KPAI). KPAI memiliki kedudukan yang sama dengan lembaga negara independen lainnya, yang dibentuk melalui Undang-undang, Keputusan Presiden, Peraturan Presiden ataupun berdasarakan Ketetapan Majelis Permusyawaratan Rakyat, dan bisa bergerak di dalam bidang yudikatif, eksekutif, dan legislatif. KPAI sebagai lembaga negara bantu di dalam bidang penegakan hak asasi anak sudah memberikan pelayanan sesuai dengan kebutuhan perlindungan hak asasi manusia dan sesuai dengan amandat Konstitusi, Konvensi Hak Anak (KHA) dan Undang-Undang Perlindungan Anak. Upaya yang bisa dilakukan oleh KPAI untuk mewujudkan perlindungan anak yang berkelanjutan adalah: 1) Pengawasan, 2) Pencegahan, 3) Pelayanan dan 4) Penyadaran.Kata Kunci: KPAI; Lembaga Negara Independen; Sistem Hukum; Ketatanegaraan; Indonesia.

scholarly journals Review Of Islamic Law To The Use Of Article 28 Subsection 2 About Speech Hatred And Defamation (UU Number 19 AT 2016 Amendments to UU Number 11 at 2018)

2019 ◽  
Vol 5 (2) ◽  
pp. 355-368
Author(s):  
Arbanur Rasyid
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Criminal Law ◽  
Islamic Law ◽  
Hate Speech ◽  
State Institutions ◽  
History Of ◽  
The Media ◽  
The Law ◽  
The Many

Hate Speech  has recently become a warm conversation, not only in the media, but has begun to be discussed in scientific forums as a result of the many characters who are ensnared by hate speech due to making uploads in Social Media that is considered insulting to other people or state institutions by making a statement containing elements of hate speech in accordance with the criminal threat in Article 28 paragraph 2 of Law number 19 of 2016 amendment to law number 11 of 2008. Long before the law talks about hate speech, Islam through the Qur'an speaks a lot about how God denounces the actions of people who insult, berate, speak ill of others and make hoaxes, and Allah threatens sin for those who do it . Even in the history of Islam through the Prophet Muhammad had given a caning to people who make hoaxes, and the sentence in the Islamic criminal law is called Ta'zir, thus Islam is very careful and highly respects the human rights of a person including in protecting the soul and someone's honor

scholarly journals Problems of Harmonization of European and Russian Legislation on Defamation

Lex Russica ◽  
2019 ◽  
Vol 1 (9) ◽  
pp. 168-182
Author(s):  
V. P. Kirilenko ◽  
G. V. Alekseev
Keyword(s):  
Human Rights ◽  
Freedom Of Speech ◽  
Information Space ◽  
State Institutions ◽  
Criminal Sanctions ◽  
Civil Compensation ◽  
Human Rights Organizations ◽  
The Media ◽  
Russian Law ◽  
European Standards

Russia’s integration into the global information space largely depends on how effectively fundamental human rights and freedoms will be protected by the current national legislation and the emerging integration law. Harmonization of Russian law with European standards of freedom of speech and protection of intangible rights of individuals and legal entities in terms of liability for defamation statements is a fundamentally important task to maintain the authority of the Russian Federation in the European political arena. The work of international human rights organizations, such as the International Press Institute, demonstrates the problems with ensuring real freedom of speech in the vast majority of European Union countries. The use of criminal sanctions for defamation offences, as well as the use of extremely large administrative fines and civil compensation, in fact, is a pan-European practice of countering not only defamation, but also any abuse of freedom of speech by the media community. Such practices could hypothetically threaten free speech, and they raise understandable concerns among the democratic public about the prospects of state institutions controlling private media. Calls for social and legal experiments in the form of regular attempts to decriminalize libel do not seem constructive. Based on the analysis of the Russian practice of bringing to responsibility for torts in the information space, it is proposed to understand defamation as any illegal dissemination of information with the aim of harming legally protected interests and to make wider use of civil liability measures in punishing such offenses. The authors propose to harmonize the European and Russian legislation on defamation through the development of uniform rules for the production of the forensic linguistic examination of the defamatory materials to substantiate evidence of the unlawful intent of delinquent.

The elimination of violence and terrorism in Iraq strategy

2019 ◽  
pp. 375
Author(s):  
Mona Ali Duaij ◽  
Ahlam Ahmed Issa
Keyword(s):  
Civil Society ◽  
Political Institutions ◽  
The State ◽  
Civil Society Organizations ◽  
State Institutions ◽  
Terrorist Organization ◽  
The Media ◽  
Causes Of Crime ◽  
Religious Aspect

All the Iraqi state institutions and civil society organizations should develop a deliberate systematic policy to eliminate terrorism contracted with all parts of the economic, social, civil and political institutions and important question how to eliminate Daash to a terrorist organization hostile and if he country to eliminate the causes of crime and punish criminals and not to justify any type of crime of any kind, because if we stayed in the curriculum of justifying legitimate crime will deepen our continued terrorism, but give it legitimacy formula must also dry up the sources of terrorism media and private channels and newspapers that have abused the Holy Prophet Muhammad (p) and all kinds of any of their source (a sheei or a Sunni or Christians or Sabians) as well as from the religious aspect is not only the media but a meeting there must be cooperation of both parts of the state facilities and most importantly limiting arms possession only state you can not eliminate terrorism and violence, and we see people carrying arms without the name of the state and remains somewhat carefree is sincerity honesty and patriotism the most important motivation for the elimination of violence and terrorism and cooperation between parts of the Iraqi people and not be driven by a regional or global international schemes want to kill nations and kill our bodies of Sunnis, sheei , Christians, Sabean and Yazidi and others.

Coming out of the closet? Audience reactions to the heteronormative disruptive advertising

2020 ◽  
Vol 3 (2) ◽  
pp. 75-102
Author(s):  
Ramasela Semang L. Mathobela ◽  
Shepherd Mpofu ◽  
Samukezi Mrubula-Ngwenya
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Coming Out ◽  
Gender Issues ◽  
Qualitative Approach ◽  
Positive Development ◽  
Global Trend ◽  
Social Media Platforms ◽  
The Media

An emerging global trend of brands advertising their products through LGBTIQ+ individuals and couples indicates growth of gender awareness across the globe. The media, through advertising, deconstructs homophobia and associated cultures through the use of LGBTIQ+s in commercials. This qualitative research paper centres the advancement of debates on human rights and social media as critical in the interaction between corporates and consumers. The Gillette, Chicken Licken‘s Soul Sisters and We the Brave advertisements were used to critically analyse how audiences react to the use of LGBTIQ+ characters and casts through comments posted on the brands‘ social media platforms. Further, the paper explored the role of social media in the mediation of significant gender issues such as homosexuality that are considered taboo to engage in. The paper used a qualitative approach. Using the digital ethnography method to observe comments and interactions from the chosen advertisement‘s online platforms, the paper employed queer and constructionist theories to deconstruct discourses around same-sex relations as used in commercials, especially in quasiconservative. The data used in the paper included thirty comments of the brands customers and audiences obtained from Twitter, Facebook and YouTube. The paper concludes there are positive development in human rights awareness as seen through advertisements and campaigns that use LGBTIQ+ communities in a positive light across the world.

Liberating Afghan Women

2004 ◽  
Vol 21 (3) ◽  
pp. 70-88 ◽  
Author(s):  
Nancy Gallagher
Keyword(s):  
United States ◽  
Human Rights ◽  
Historical Context ◽  
The United States ◽  
Political Organizations ◽  
Way Of Life ◽  
Afghan Women ◽  
The Media ◽  
Policy Priority

Public opinion in the United States and elsewhere celebrated the liberation of Afghan women following the defeat of the Taliban government. The United States promised to stay in Afghanistan and foster security, economic development, and human rights for all, especially women. After years of funding various anti- Soviet Mujahidin warlords, the United States had agreed to help reconstruct the country once before in 1992, when the Soviet-backed government fell, but had lost interest when the warlords began to fight among themselves. This time, however, it was going to be different. To date, however, conditions have not improved for most Afghan women and reconstruction has barely begun. How did this happen? This article explores media presentations of Afghan women and then compares them with recent reports from human rights organizations and other eyewitness accounts. It argues that the media depictions were built on earlier conceptions of Muslim societies and allowed us to adopt a romantic view that disguised or covered up the more complex historical context of Afghan history and American involvement in it. We allowed ourselves to believe that Afghans were exotic characters who were modernizing or progressing toward a western way of life, despite the temporary setback imposed by the Taliban government. In Afghanistan, however, there was a new trope: the feminist Afghan woman activist. Images of prominent Afghan women sans burqa were much favored by the mass media and American policymakers. The result, however, was not a new focus on funding feminist political organizations or making women’s rights a foreign policy priority; rather, it was an unwillingness to fulfill obligations incurred during decades of American-funded mujahidin warfare, to face the existence of deteriorating conditions for women, resumed opium cultivation, and a resurgent Taliban, or to commit to a multilateral approach that would bring in the funds and expertise needed to sustain a long-term process of reconstruction.

scholarly journals Killing a Constitution with a Thousand Cuts: Executive Aggrandizement and Party-state Fusion in India

2020 ◽  
Vol 14 (1) ◽  
pp. 49-95 ◽  
Author(s):  
Tarunabh Khaitan
Keyword(s):  
Good Governance ◽  
Democratic Governance ◽  
The Political ◽  
State Institutions ◽  
Liberal Democratic ◽  
The People ◽  
Wide Range ◽  
General Elections ◽  
The Media ◽  
Democratic Norms

AbstractMany concerned citizens, including judges, bureaucrats, politicians, activists, journalists, and academics, have been claiming that Indian democracy has been imperilled under the premiership of Narendra Modi, which began in 2014. To examine this claim, the Article sets up an analytic framework for accountability mechanisms liberal democratic constitutions put in place to provide a check on the political executive. The assumption is that only if this framework is dismantled in a systemic manner can we claim that democracy itself is in peril. This framework helps distinguish between actions that one may disagree with ideologically but are nonetheless permitted by an elected government, from actions that strike at the heart of liberal democratic constitutionalism. Liberal democratic constitutions typically adopt three ways of making accountability demands on the political executive: vertically, by demanding electoral accountability to the people; horizontally, by subjecting it to accountability demands of other state institutions like the judiciary and fourth branch institutions; and diagonally, by requiring discursive accountability by the media, the academy, and civil society. This framework assures democracy over time – i.e. it guarantees democratic governance not only to the people today, but to all future peoples of India. Each elected government has the mandate to implement its policies over a wide range of matters. However, seeking to entrench the ruling party’s stranglehold on power in ways that are inimical to the continued operation of democracy cannot be one of them. The Article finds that the first Modi government in power between 2014 and 2019 did indeed seek to undermine each of these three strands of executive accountability. Unlike the assault on democratic norms during India Gandhi’s Emergency in the 1970s, there is little evidence of a direct or full-frontal attack during this period. The Bharatiya Janata Party government’s mode of operation was subtle, indirect, and incremental, but also systemic. Hence, the Article characterizes the phenomenon as “killing a constitution by a thousand cuts.” The incremental assaults on democratic governance were typically justified by a combination of a managerial rhetoric of efficiency and good governance (made plausible by the undeniable imperfection of our institutions) and a divisive rhetoric of hyper-nationalism (which brands political opponents of the party as traitors of the state). Since its resounding victory in the 2019 general elections, the Modi government appears to have moved into consolidation mode. No longer constrained by the demands of coalition partners, early signs suggest that it may abandon the incrementalist approach for a more direct assault on democratic constitutionalism.

Human Rights and the Mediatization of International Law

2010 ◽  
Vol 23 (3) ◽  
pp. 507-527 ◽  
Author(s):  
DANIEL JOYCE
Keyword(s):  
Human Rights ◽  
New Media ◽  
International Law ◽  
Theoretical Work ◽  
International Regulation ◽  
The Media ◽  
Legal Forms ◽  
Relationship Of ◽  
Communicative Capitalism ◽  
The Relationship

AbstractThis article considers the relationship of international law and the media through the prism of human rights. In the first section the international regulation of the media is examined and visions of good, bad, and new media emerge. In the second section, the enquiry is reversed and the article explores the ways in which the media is shaping international legal forms and processes in the field of human rights. This is termed the ‘mediatization of international law’. Yet despite hopes for new media and the Internet to transform international law, the theoretical work of Jodi Dean warns of the danger to democracy of commodification through the spread of ‘communicative capitalism’.

The Role of Religious Force in the Wukan Incident

2013 ◽  
Vol 5 (1) ◽  
pp. 155-175 ◽  
Author(s):  
Hou Yuxin
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
The Political ◽  
The People ◽  
The World ◽  
History Of ◽  
The Media ◽  
Social Management ◽  
The Village

Abstract The Wukan Incident attracted extensive attention both in China and around the world, and has been interpreted from many different perspectives. In both the media and academia, the focus has very much been on the temporal level of the Incident. The political and legal dimensions, as well as the implications of the Incident in terms of human rights have all been pored over. However, what all of these discussions have overlooked is the role played by religious force during the Incident. The village of Wukan has a history of over four hundred years, and is deeply influenced by the religious beliefs of its people. Within both the system of religious beliefs and in everyday life in the village, the divine immortal Zhenxiu Xianweng and the religious rite of casting shengbei have a powerful influence. In times of peace, Xianweng and casting shengbei work to bestow good fortune, wealth and longevity on both the village itself, and the individuals who live there. During the Wukan Incident, they had a harmonizing influence, and helped to unify and protect the people. Looking at the specific roles played by religion throughout the Wukan Incident will not only enable us to develop a more meaningful understanding of the cultural nature and the complexity of the Incident itself, it will also enrich our understanding, on a divine level, of innovations in social management.

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