Korea’s Landmark Case for Improving the Legal Process for Asylum Seekers

2015 ◽  
Vol 3 (2) ◽  
pp. 171-188
Author(s):  
Il Lee
Keyword(s):  
Asylum Seekers ◽  
Court Decision ◽  
District Court ◽  
Constitutional Court ◽  
Refugee Status ◽  
High Court ◽  
Determination Process ◽  
Referral Decision ◽  
The Government ◽  
The Right

The purpose of this article is to analyze the principle of non-refoulement as applied in four important recent Korea court decisions regarding the asylum-seeking process at ports of entry. Incheon District Court decision 2014 Gu-Hab 30385 and Seoul High Court decision 2014 Nu 52093 concern a non-referral decision; Inchon District Court decision 2014 In 39 concerns illegal airport detention; and Constitutional Court decision 2014 Heon-Ra 592 concerns the right to counsel. In these cases, the courts ordered changes to the previous detention and deportation system and recognized the right to counsel by asylum applicants at ports of entry. As the Korean refugee status determination process is biased towards denying entry to unwelcome foreigners and biased against recognizing refugees, it is important to recognize the duty of the government to develop a better system at ports of entry in order to prevent the unjustified deportation of asylum seekers back to their country of origin.

scholarly journals Dynamics of the Obligation to Register Birth Certificates as a part of the Right to Issuance Population Documents

2017 ◽  
Vol 2 (2) ◽  
pp. 234
Author(s):  
Winda Wijayanti
Keyword(s):  
Local Governments ◽  
Birth Certificate ◽  
Active Role ◽  
District Court ◽  
Birth Certificates ◽  
Constitutional Court ◽  
The Government ◽  
One Year ◽  
The Right ◽  
Improve State

The state is obliged to protect and recognise the legality of a person’s birth. Registration of birth in the form of a birth certificate is proof of one’s origin issued by the competent authorities. However, in practice, the time limit of one year given for such registration has proven a burden to citizens, such that complaint of constitutional damages has been brought before the Constitutional Court of Indonesia. Population administration is regulated under Act Number 23, Number 23 Year 2006 and amended by Act Number 24, Number 24 Year 2013 in accordance with Constitutional Court Decision 18/PUU-XI/2013. In order to take an active role in the registration of births, the government and local governments have to remove the deadline to report the birth of a child, as stipulated by the district court and as an effort to improve state responsibility. This requires that citizens have the "right to be heard" and, in future, there should be an integrated service from the government for the registration of births.

scholarly journals The Phenomenon of Dynastic Politics Following Constitutional Court Decision Number 33/PUU-XIII/2015

2021 ◽  
Vol 23 (2) ◽  
Author(s):  
Ilham Dwi Rafiqi ◽  
Febriansyah Ramadhan
Keyword(s):  
Human Rights ◽  
Local Politics ◽  
Court Decision ◽  
Constitutional Court ◽  
Family Ties ◽  
Regional Autonomy ◽  
The Government ◽  
Dynastic Politics ◽  
The Right ◽  
Local Levels

This research aims at breaking down the dynamics of dynastic politics after the 2020 simultaneous general election and the dynamics between the nomination of regional heads and dynastic politics following the issuance of the Constitutional Court decision no. 33/PUU-XIII/2005.  The research found that this local politics phenomenon is triggered by the policy on regional autonomy and decentralization after reformation in bringing about new groups with family ties at local levels who occupy positions in the government.  Going by the excuses of freedom and human rights, the groups in this dynastic politics have seen a gradual increase in quantity overtime.  This increase happened after the Constitutional Court decision no. 33/PUU-XIII/2015 ruled in their favour.  In the ruling, the Court took human rights into their main consideration for reversing the ruling against the ban on the dynastic politics law, which in Article 7 (r) UU 1/2015 may give the impression that the right to political participation is removed.

scholarly journals TRANSFER OF UNDERTAKINGS PROTECTION OF EMPLOYMENT (TUPE) DALAM PERJANJIAN OUTSOURCING

Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 335
Author(s):  
Muhammad Johar Fathoni
Keyword(s):  
Service Provider ◽  
Court Decision ◽  
Constitutional Court ◽  
Employment Service ◽  
Labor Agreement ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
The Right

Transfer of Undertaking Protection of Employment Based on Constitutional Court Decision Number 27/PUU-IX/2011, there are two models that must be fulfilled in outsourcing agreement, that is First, by requiring for agreement between worker and company conducting work outsourcing does not take the form of a certain time labor agreement (PKWT), but is in the form of an indefinite time agreement (PKWTT). The consequences of termination of contract for the Employment Service Provider who laid off his employees for the law, the employer shall be entitled to grant the right to his employees in accordance with the Manpower Act, Kepmenaker No. Kep. 150/Men/2000 on the Settlement of Termination of Employment and Stipulation of Severance, Money of Work and Indemnification. Then the government also stipulates the Decree of the Minister of Manpower and Transmigration of the Republic of Indonesia no. Kep. 76/Men/2001 on Amendment to several articles of Minister of Manpower Decree no. Kep. 150 / Men / 2000 on the Settlement of Termination of Employment and Stipulation of Severance, Money of Work and Indemnification at the Company.

scholarly journals Canada - A Long Way To Go: The Designated Country of Origin Policy and Refugee Protection

2021 ◽  
pp. 13-16
Author(s):  
Rejean Ghanem
Keyword(s):  
Asylum Seekers ◽  
Middle Eastern ◽  
Country Of Origin ◽  
Refugee Status ◽  
International Protection ◽  
Refugee Protection ◽  
Political Response ◽  
Determination Process ◽  
The Government ◽  
Government Of Canada

The Designated Country of Origin (DCO) policy was a political response to unwanted migration in Canada. Adapted from Europe, Harper took a liking to the EU’s SCO policy after Canada received a large influx of Middle Eastern and Balkan refugees seeking asylum. He adapted it in Canada, renaming it Designated Country of Origin (DCO). Under the DCO, the government of Canada would decide if a refugee's country of origin was dangerous enough to be considered for asylum. If the asylum seekers country is determined as safe, that person would be disregarded and sent back to their country of origin. Many refugees who had already settled in Canada had their files reopened and were told to return to their country of origin. The DCO policy became an integral part of the refugee status determination process in Canada to which some regarded as faulty, inefficient, and unjust. In 2019, the SCO was deemed unconstitutional and violated The Canadian Charter of Rights and Freedoms. Ahmed Hussen, Minister of Immigration, wanted to create an asylum system that was considered fair and efficient. While it is important for an asylum seeker to prove they are truthful about the facts of their case, the DCO policy represents a climate of hostility towards migrants in Canada. In this piece, it will be argued that the DCO policy is a discriminatory migration tool used to “weed out” what the government deems as fake migrants. This policy could deny international protection to those who are genuinely in need. The DCO proves that the nation has a misleading reputation of being welcoming to all who come. The DCO threatened the human rights of asylum seekers who sought refuge in Canada. 

scholarly journals Appeal Against Acquittal By The Prosecutor: Critical Comments on The Indonesian Constitutional Court Decision

2019 ◽  
Vol 2 (1) ◽  
pp. 1-17
Author(s):  
Aristo Pangaribuan
Keyword(s):  
Supreme Court ◽  
Judicial System ◽  
Court Decision ◽  
Constitutional Court ◽  
Competing Values ◽  
The Supreme Court ◽  
Lower Courts ◽  
The Government ◽  
The Right

In 2013, the Indonesian Constitutional Court ended the debate concerning the constitutional validity of the right to appeal against acquittal by the prosecutor. Such a question has a long history not only in the Indonesian judicial system. In their decision, the court concluded that the government should have the power to appeal against acquittal to the Supreme Court because of its supervisory function over the lower courts. However, the decision was not unanimous, and there was one dissenting opinion from justice Harjono, who is in favor of protecting the rights of the acquitted defendant. This article is trying to examine the decision and underlined the issue of two competing values, namely finality, and accuracy that was debated in the decision, even though the court did not explicitly mention it. In the end, this article finds that the court gives more importance to the accuracy of the conviction and less to their finality.

scholarly journals Primary law in medicine, its legal nature

2018 ◽  
Vol 40 ◽  
pp. 01002
Author(s):  
K. Zarins
Keyword(s):  
Supreme Court Decision ◽  
Court Decision ◽  
Constitutional Court ◽  
Right To Life ◽  
Economic Interests ◽  
Economic Opportunities ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Right

Thework will discuss the problems arising from the thesis that the economic opportunities are incompatible with the person's primary law - the right to life and equality of treatment. An actively maintained hypothesis claims that the country's economic opportunities and funding should not restrict or reduce a person's right to life and health. In this aspect, it will also study the role of the constitutional court. The author points to the fact that the adoption of such, here the Supreme Court decision, successive constitutional court for a preliminary inaccurate claim and interpretation of the country's economic interests, could deny the right of people to life only after the consideration that they are of no use and financially expensive to be maintained.

The Ebb and Flow of the Liberalization of the Jordanian Press: 1985–1997

1998 ◽  
Vol 75 (1) ◽  
pp. 127-142 ◽  
Author(s):  
Orayb Aref Najjar
Keyword(s):  
Court Decision ◽  
Press Freedom ◽  
Peace Agreement ◽  
High Court ◽  
The Past ◽  
The Press ◽  
The Government ◽  
Media Globalization ◽  
Ebb And Flow

This study examines press liberalization in Jordan. It argues that Jordan's evolving relations with Palestinians, its peace agreement with Israel, and media globalization have changed the context within which the Jordanian media operate and have given the government some flexibility to liberalize the press starting in 1989. However, some of the same issues that have led to press restrictions in the past have precipitated the introduction of “The Temporary Law for the Year 1997” while the parliament was not in session. The study concludes that the presence of a a loose coalition of forces working for press freedom coupled with the January 1998 High Court decision declaring the temporary law unconstitutional suggest it is premature to read a eulogy for Jordanian press freedom.

scholarly journals IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 11-017/PUU-I/2003 TERHADAP PERLINDUNGAN HUKUM HAK DIPILIH

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
I Ketut Ngastawa
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
The State ◽  
The Body ◽  
State System ◽  
Court Decision ◽  
Constitutional Court ◽  
Political Rights ◽  
Conceptual Approach ◽  
The Right

Paper that had the title: "Juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the Legal Protection for the Rights to be Eelected." This explores two issues: 1) how the legal protection of the settings selected in the state system of Indonesia ; 2) what are juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected. To solve both problems, this paper uses normative legal research methods. Approach being used is the statute approach, case approach, and a conceptual approach. Further legal materials collected were identified and analyzed using descriptive analysis techniques. Legal protection for the right to be elected in the state system of Indonesia can be traced from the 1945 opening, the articles in the body of the 1945 Constitution, Article 27 paragraph (1), Article 28D (1) and paragraph (3) and Article 28 paragraph (3) 1945 Second Amendment, MPR Decree Number XVII/MPR/1998, Article 43 of Law Number 39 of 1999, Article 21 of the Universal Declaration of Human Rights, and Article 25 of the International Covenant  on Civil and Political Rights. Discussion of the juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected have been included: a) only on the juridical implications of representative institutions no longer marked with specified requirements as stipulated in Article 60 letter g of Law Number 12 Year 2003 in Law Number 10 Year 2008; b) juridical implications of the political field for the right to be elected is the absence of any discriminatory treatment in legislative product formed by the House of Representatives and the President as well as products of other legislation forward.

scholarly journals SINKRONISASI DAN DIFERENSIASI PUTUSAN HAKIM DALAM PENYELESAIAN KASUS-KASUS KEKERASAN DALAM RUMAH TANGGA

2014 ◽  
Vol 3 (2) ◽  
Author(s):  
Tjokorda Istri Putra Astiti
Keyword(s):  
Domestic Violence ◽  
Gender Equity ◽  
Violence Against Women ◽  
The Other ◽  
Court Decision ◽  
District Court ◽  
Gender Justice ◽  
High Court ◽  
Other Hand ◽  
And Gender

This study specifically aims to assess synchronization and differentiation between the judge's decision, both horizontally and vertically, especially with regard todomestic violence cases. In addition, this study also intends to study about rule  whichare  applied by the Judges on the cases, and  reveal whether the  decision  under reviewreflects the gender justice This research is a legal normative research using case approach which wasexamined by studying the Judge’s decision in concrete cases, especially with regard todomestic violence. The number of decisions that were examined are six decisions whichconsists of three decisions of the District Court (Pengadilan Negeri) and  threedecisions  of the High Court (Pengadilan Tinggi). The decisions are determined bypurposive sampling.  Based on the analysis of the six decisions mentioned above ,  can be concludedas following:1)  The rule applied by the judge in hanling the concrete cases  regarding domestic violence particularly violence against women is on the Domestic Violence Act ( ActNo. 23/2004 ) with the application of a kind of sanction of imprisonment rangingfrom 1-3 months, that varied there the defendant was arrested some are droppedwith conditional (pidana bersyarat) (not being held prisoner) 2)  Among the three decisions of the District Court and the three decitions of the HighCourt which have analysed,  in one hand show synchronization and the other hand show differentiation.  In this case, synchronization and differentiation  can be seen vertically (between the District Court and the High Court decision), andhorizontally (between the District Court to each other) or between the decision ofthe High Court to each other).  3)  That the decision of the District and the High Court,  either have reflected gendersensitively and gender equity.

scholarly journals PENGATURAN PRINSIP TRANSFER OF UNDERTAKING PROTECTION OF EMPLOYMENT (TUPE) DALAM DUNIA KETENAGAKERJAAN INDONESIA (DIANTARA POTENSI DAN HAMBATAN)

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
Kadek Agus Sudiarawan
Keyword(s):  
Qualitative Method ◽  
Descriptive Analysis ◽  
Industrial Relations ◽  
Secondary Data ◽  
Empirical Method ◽  
Primary Data ◽  
Constitutional Court ◽  
Inhibiting Factors ◽  
The Government ◽  
The Right

This research is aimed identifying the advantages of the regulation of TUPE principles, as well as inhibiting factors for outsourcing companies to apply the TUPE principles after the Decision of the  Constitutional Court Number 27/PUU-IX/ 2011. The research was conducted by using normative-empirical method. The data of the research consisted of primary data and secondary data. All of the collected data were analyzed using qualitative method. The results of this research were presented in a descriptive analysis report. The results of the research indicated he advantages that could be obtained by workers in relation with regulation of the TUPE principles included protection of wages, welfare and working requirements, protection of workers when the company was taken over, protection of workers when there is a change of outsourcing company and regulation of the right to file a lawsuit to the industrial relations court. The inhibiting  factors in the application of the TUPE principles in the  outsourcing companies after the  Decision of Constitutional Court  were the lack of socialization and supervision of the government, various legal loopholes of discrepancies between the implementing regulation and  the Decision of Constitutional Court, uncertainty severance regulation, assumptions that TUPE was a new burden which may disadvantage employers, and the lack of understanding of the workers related to their rights.

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