scholarly journals Additional Punishment for Revocation of Political Rights to Corruption Prisoners in The Purpose of Punishment In Indonesia

2020 ◽  
Vol 5 (1) ◽  
pp. 21-38
Author(s):  
Sutrisno Sutrisno ◽  
Dwi Haryadi ◽  
Jean Darc Noviayanti Manik
Keyword(s):  
Human Rights ◽  
Voting Rights ◽  
Comparative Approach ◽  
Political Rights ◽  
Conceptual Approach ◽  
The Status ◽  
Severe Punishment ◽  
A Charge ◽  
The Right ◽  
The Impact

The application of additional punishment of the revocation of political rights in the form of voting and/or voting rights elected in the elections to the corruption convicts was as an attempt to eradicate the extraordinary Corruption of crime and part of severe punishment and a charge of corruption convicts. The purpose of this research, namely: first, to know and analyze the implementation requirements of additional punishment of revocation of political rights to corruption prisoners in the perspective of human rights; Second, to know and analyze the position of additional penalty for the revocation of political rights in the purpose of punishment in Indonesia. The type of research used is normative juridical research with a legal approach, conceptual approach, a case approach approach, and a comparative approach. The results of the study proved that: first, political rights can be classified in the right to freedom of thought and a conscience that is unable to be reduced under any circumstance and attached to the status of citizens. The application of the additional penalty was the act of degrading and dignity of corruption prisoners as citizens because of the impact on the elimination of Rights and the disclosure of political rights of corruption prisoners until its application does not meet the requirements of the restriction on human rights in the perspective of the relative-particulate matter; Secondly, the theory of the goal of punishment in accordance with Indonesian philosophy is correctional which is also a rationality of the implementation of prison sentence as does Law No. 12 of 1995 about Correctional. The position of additional penalty for revocation of political rights is as an instrument of conforming or contrary to the purpose of punishment in Indonesia, namely correctional throughout its application to open an opportunity for the elimination of rights and not accompanied by an attempt to recover the rights that have been revoked

Socio-Economic Rights and Their Implementation: The Impact of Domestic and International Instruments

2004 ◽  
Vol 32 (2) ◽  
pp. 243-259 ◽  
Author(s):  
Gerhard Erasmus
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
Economic Rights ◽  
Personal Liberty ◽  
Legal Remedy ◽  
Basic Quality ◽  
Civil And Political Rights ◽  
The Right ◽  
International Instruments ◽  
The Impact

Socio-economic rights are those human rights that aim to secure for all members of a particular society a basic quality of life in terms of food, water, shelter, education, health care and housing. They differ from traditional civil and political rights such as the right to equality, personal liberty, property, free speech and association. These “traditional human rights” are now found in most democratic constitutions and are, as a rule, enshrined in a Bill of Rights; which is that part of the Constitution that is normally enforced through mechanisms such as judicial review. The victims of the violation of such rights have a legal remedy. Individual freedom is a primary value underpinning civil and political rights.

scholarly journals POSSIBILITY TO CORRECT THE FREEDOM OF SPEECH IN INDONESIAN LAW: COMPARISON BETWEEN SINGAPORE LAW AND INDONESIAN LAW ON BROADCASTING

2021 ◽  
Vol 14 (1) ◽  
pp. 53-63
Author(s):  
Dian Narwastuty ◽  
Christian Nugraha
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Speech ◽  
Comparative Approach ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Sanction ◽  
The Right ◽  
Fear Of Retaliation

Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. This principle is one of the Human Rights principles that are necessary for the progress of humanity itself. But its existence has always triggered a dispute because of the abuse of the right. The abuse of the rights consists of Hate Speech and Hoaxes. This research is normative legal research that uses a comparative approach and conceptual approach. And also, this research will compare the Freedom of Speech and Broadcasting laws in Indonesia and Singapore, especially law in the broadcasting sector. Theoretically, the benefits of this research are to answer the problem of correcting Freedom of Speech, especially in broadcasting law. Practically, it is helpful for society to know much more about hate speech and hoaxes also the possibility to correct the broadcasting law in Indonesia based on the same regulation in Singapore.

scholarly journals TANGGUNG JAWAB NEGARA TERHADAP KERUGIAN WISATAWAN BERKAITAN DENGAN PELANGGARAN HAK BERWISATA SEBAGAI BAGIAN DARI HAK ASASI MANUSIA

2015 ◽  
Vol 4 (1) ◽  
Author(s):  
Putu Eva Laheri
Keyword(s):  
Human Rights ◽  
Comparative Approach ◽  
State Responsibility ◽  
Legal Research ◽  
Conceptual Approach ◽  
Indonesian Government ◽  
The Right

This is a research after state responsibility for the damages suffered by tourists in relation with the violation of the right to tourism as a part of Human Rights, aims to describe and analyze about the liability of Indonesian Government to respect, protect and fulfill the right of every individual toward to enjoy his/her rights to tourism under Article 28I (4) of the Indonesian Constitution Year 1945 and Article 8 Statute Number 39 Year 1999 regarding Human Rights. Furthermore this research is willing to assess the circumstances that might create a possibility for tourists to file a claim of compensation against the Indonesian Government for the losses suffered as a result of the failure/the negligence of Indonesian Government to fulfill its responsibilities. Based on statement mentioned above, the question arises, whether in concept, tourists are able to file a claim of compensation against the Indonesian Government in relation with the recognition of the right to tourism as a part of Human Rights? And also in terms of how tourists can possibly file a claim of compensation against the Indonesian Government? The method used in this research is the method of normative legal research using the statute approach, the comparative approach as well as the conceptual approach. Based on the research that has been done, the conclusion is that in concept tourists can file a claim of compensation against the Indonesian Government, if they can prove that the damage or loss is caused by a violation of Human Rights conducted by the Indonesian Government and the result of this research further shows that the claim should be filed together with stating prove that the Indonesian Government has conducted a violation of the rights to tourism as a part of Human Rights.

scholarly journals Interrogations And The Right To Remain Silent - A Comparative Approach

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 69-78
Author(s):  
Arta Bilalli
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Comparative Approach ◽  
Political Rights ◽  
International Tribunal ◽  
International Convention ◽  
Right To Silence ◽  
Civil And Political Rights ◽  
The Right ◽  
International Conventions

Abstract Interrogations are a very specific component of any criminal investigation. The answers gained through interrogative process provides information that are considered as direct evidences. In contemporary criminal procedure, the court is not absolved from gaining other evidences, even in cases when the defendant confesses his/her guiltiness. This is a mechanism for excluding the inquisitorial approach for extracting compulsory confessions. The modern procedure uses a variety of mechanisms to guarantee that the defendant will not be compelled to confess guilt. Those mechanisms are part of most important international conventions as International Convention for Civil and Political Rights, the European Convention on Human Rights, the American Convention on Human Rights, the Statutes of International Tribunals (i.e. International Tribunal for ex-Yugoslavia, International Tribunal for Rwanda) and part of different constitutional and legal acts of modern states. A very interesting “highlight” remains the right to silence which guarantees that the defendant might remain silent and it will not be interpreted against him. The defendant, even in cases with direct evidences, can remain silent and cannot be forced to answer given questions. Another “highlight” is that one that appears from the privilege against self-incrimination that allows the defendant to not answer a question, if by answering, he/she may confess guilt or incriminate him/herself. How deep is this privilege? Are there, maybe questions, that he/she are obliged to answer (i.e. disclosure of identity?) The article will focus in interrogations and the right to silence by most important international acts and domestic acts of different countries (USA, France, Germany, Albania, Kosovo, Macedonia) and upcoming specifics in the relation interrogations vs. remaining silent.

The right to an affordable, secure and decent home for all

Housing Shock ◽  
2020 ◽  
pp. 217-236
Author(s):  
Rory Hearne
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Human Dignity ◽  
European Law ◽  
Psychological Approach ◽  
Human Right ◽  
The Status ◽  
Definition Of ◽  
The Right ◽  
The Impact

This chapter outlines the centrality of housing as a home for human dignity and wellbeing, using a social justice, human rights and psychological approach to housing. It details the impact of homelessness and housing insecurity on child and family wellbeing. It explains how and why housing is a human right in international law, including the UN definition of adequate housing, and the right to housing in European law and European countries. It details the new housing movement, The Shift and housing strategies based on human rights, key principles of a human rights-based housing strategy. It then outlines the status of right to housing in Ireland, its absence in law, and recent debates around its inclusion in the Constitution. It details the case for why the Right to Housing should be included in Irish law and the Constitution.

scholarly journals India: A Model for the Enforcement of Economic, Social, and Cultural Rights

2019 ◽  
Vol 37 (2) ◽  
Author(s):  
Lawrenz Fares
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
International Human Rights ◽  
Right To Food ◽  
Cultural Rights ◽  
Human Rights Regime ◽  
International Human ◽  
Civil And Political Rights ◽  
The Right ◽  
The Impact

Under the modern international human rights regime, all people are entitled to two categories of rights: civil and political rights and economic, social, and cultural rights. While the judicial enforcement of civil and political rights is commonly accepted in virtually every country in the world, there is a significant degree of hostility towards the judicial enforcement of economic, social, and cultural rights. Critics have long held that the enforcement of these rights in the courtroom would be inherently undemocratic and unmanageable. This belief, and the general aversion to the judicial enforcement of these rights, is primarily rooted in the fact that the enforcement of these rights would require compelling the government to spend vast sums of money in the form of welfare programs. However, India has overcome these criticisms and emerged as a model for the enforcement of these rights. The following paper will serve to lay a foundational understanding of the modern international human rights regime, look to the functionality of both sets of rights, and examine how Indian jurisprudence has come to allow the enforcement of economic, social, and cultural rights in the courtroom. From there, this paper will examine PUCL v. Union of India, the landmark case that recognized the right to food in India, the impact this case has on the lives of the Indian people, and the economic impact of protecting the right to food in an attempt to demonstrate that the judicial enforcement of these rights is not only possible, but can also be done in an effective manner.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

Influence of the ICCPR in Asia

2018 ◽  
Author(s):  
Yogesh Tyagi
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
International Human Rights ◽  
Factors Affecting ◽  
Judicial Discourse ◽  
International Human ◽  
Golden Jubilee ◽  
Civil And Political Rights ◽  
The Impact

The golden jubilee of the International Covenant on Civil and Political Rights (ICCPR) coincides with the emergence of Asia as a centre of global attention. However, greater attention to Asia has been accompanied by some scepticism over its attitude towards human rights. The chapter provides an overall assessment of the impact of the ICCPR on the major Asian States, with an analysis of the factors affecting such influence. The chapter considers the involvement in, observance of, and compliance with the provisions of the ICCPR by these States. It further delves into the academic and judicial discourse on the ICCPR within these States, recording the domestic disposition towards judgments of foreign courts, the output of the Human Rights Committee, and the work of other international human rights bodies. It makes suggestions for developing mechanisms to improve the effectiveness of the ICCPR and for creating databases to perform further research in the area.

Procedural fairness: Between human rights law and social psychology

2021 ◽  
pp. 092405192199274
Author(s):  
Cathérine Van de Graaf
Keyword(s):  
Human Rights ◽  
Procedural Justice ◽  
Well Being ◽  
Fair Trial ◽  
European Convention ◽  
Public Confidence ◽  
Social Psychological ◽  
Justice Research ◽  
The Right ◽  
The Impact

Fair procedures have long been a topic of great interest for human rights lawyers. Yet, few authors have drawn on research from other disciplines to enrich the discussion. Social psychological procedural justice research has demonstrated in various applications that, besides the final outcome, the manner in which one’s case is handled matters to people as well. Such research has shown the impact of procedural justice on individuals’ well-being, their acceptance of unfavourable decisions, perceptions of legitimacy and public confidence. The ECtHR has confirmed the desirability of these effects in its fair trial jurisprudence. Thus far, it remains unclear to what extent the guarantees offered by Article 6(1) of the European Convention on Human Rights (the right to a fair trial) coincide with the findings of empirical procedural justice research. This article aims to rectify this and uncover similarities between the two disciplines.

The Economic and Political Determinants of Human (Including Health) Rights

1978 ◽  
Vol 8 (1) ◽  
pp. 145-168 ◽  
Author(s):  
Vicente Navarro
Keyword(s):  
Human Rights ◽  
Power Relations ◽  
Political Power ◽  
Political Rights ◽  
Individual Property ◽  
Socioeconomic Rights ◽  
Civil And Political Rights ◽  
Fair Wages ◽  
The Right ◽  
The U.S

This paper presents an analysis and critique of the U.S. government's current emphasis on human rights; and (a) its limited focus on only some civil and political components of the original U.N. Declaration of Human Rights, and (b) its disregard for economic and social rights such as the rights to work, fair wages, health, education, and social security. The paper discusses the reasons for that limited focus and argues that, contrary to what is widely presented in the media and academe: (1) civil and political rights are highly restricted in the U.S.; (2) those rights are further restricted in the U.S. when analyzed in their social and economic dimensions; (3) civil and political rights are not independent of but rather intrinsically related to and dependent on the existence of socioeconomic rights; (4) the definition of the nature and extension of human rights in their civil, political, social, and economic dimensions is not universal, but rather depends on the pattern of economic and political power relations particular to each society; and (5) the pattern of power relations in the U.S. society and the western system of power, based on the right to individual property and its concomitant class structure and relations, is incompatible with the full realization of human rights in their economic, social, political, and civil dimensions. This paper further indicates that U.S. financial and corporate capital, through its overwhelming influence over the organs of political power in the U.S. and over international bodies and agencies, is primarily responsible for the denial of the human rights of the U.S. population and many populations throughout the world as well.

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