QUO VADIS HUKUM ISLAM (ANTARA IDEALITAS DAN REALITAS INDONESIA)

2020 ◽  
Vol 8 (2) ◽  
pp. 97-108
Author(s):  
Dinda Izzati
Keyword(s):  
Political Rights ◽  
Right To Life ◽  
Economic Rights ◽  
Christian Communities ◽  
Basic Assumptions ◽  
Eastern Indonesia ◽  
The Republic ◽  
Quo Vadis ◽  
The Right

Evidently, a few months after the Jakarta Charter was signed, Christian circles from Eastern Indonesia submitted an ultimatum, if the seven words in the Jakarta Charter were still included in the Preamble to the 1945 Constitution, then the consequence was that they would not want to join the Republic of Indonesia. The main reason put forward by Pastor Octavian was that Indonesia was seen from its georaphical interests and structure, Western Indonesia was known as the base of Islamic camouflage, while eastern Indonesia was the basis for Christian communities. Oktavianus added that Christians as an integral part of this nation need to realize that they also have the right to life, religious rights, political rights, economic rights, the same rights to the nation and state as other citizens, who in fact are mostly Muslims. This paper aims to determine and understand the extent to which the basic assumptions of the Indonesian people view the role of Islam as presented in an exclusive format.

scholarly journals Legislative and other measures taken by government to realise the right of children to shelter

2017 ◽  
Vol 7 (1) ◽  
pp. 53
Author(s):  
I Mc Murray ◽  
L Jansen Van Rensburg
Keyword(s):  
Local Government ◽  
Vulnerable Group ◽  
Economic Rights ◽  
Socioeconomic Rights ◽  
The Republic ◽  
Effective Development ◽  
The Right ◽  
Right Of Access ◽  
Legislative Measures

The Constitution of the Republic of South Africa , 1996 entrenches numerous socioeconomic rights. One of these socio-economic rights is contained in section 26 that grants everyone the right to have access to adequate housing and section 28 that grants every child the additional right to basic shelter among others. This article aims to examine the legislative and other measures taken by the state to realise the right to shelter of children. Firstly, the legislative measures taken specifically for the realisation of children's right to basic shelter as envisaged by section 28(1)(c) will be discussed. Thereafter attention will be drawn to those measures taken to ensure the progressive realisation of section 26. Section 26 provides everyone, including children, the right of access to adequate housing. Therefore, every measure taken to realise section 26 is indirectly applicable to the realisation of section 28(1)(c) and children's right to basic shelter. The conclusion may be drawn that most of the discussed legislative and other measures are aimed at realising everyone's right of access to adequate housing, this includes children. However, most of these measures make little mention of the specific right of children to basic shelter. It is regarded as inclusive in the overall application of the legislation. Once again, it must be stressed that these legislative and other measures, in order to comply with the standard of reasonableness, must regard the interest of children to be paramount. If such legislation does not provide for the interest of children as a vulnerable group, it can be argued that the relevant legislative measure is not constitutionally valid. It is submitted that national government must recognise the importance of the role of local government, and local government should increasingly assume policy-making and implementation powers in their area. This will go a long way to building local capacity to function as effective development facilitators. As far as the resource problem is concerned, corruption in municipalities should be eradicated, while municipal capacity to manage and mobilise resources must be enhanced.  The importance of co-operative government cannot be over emphasised. Without an effective integrated plan of action, which includes cooperation between all three spheres of government, as well as the participation of civil society, especially people who are directly affected by the implementation of socio-economic rights, realising the right of children to shelter will only exist on paper.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

The Role of Nurses in the Implementation of Patient Safety and Protection of Patient Rights at the Rahayu Yakkum Purwodadi Hospital

SOEPRA ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 254
Author(s):  
Christina Nur Widayati ◽  
Endang Wahyati Yustina ◽  
Hadi Sulistyanto
Keyword(s):  
Health Care ◽  
Patient Safety ◽  
Codes Of Conduct ◽  
Rights Protection ◽  
Patient’S Rights ◽  
Nurses Role ◽  
The Republic ◽  
The Right ◽  
Service Standards

Patient Safety was the right of a patient who was receiving health care. A nurse was one of the health professionals in a hospital having a very important role in realizing Patient Safety. In realizing Patient Safety Panti Rahayu Yakkum Hospital of Purwodadi had involved the role of the nurses. In carrying out their role the nurses could support the protection of the patient’s rights. The nurses performed health care by conducting six Patient Safety goals that were based on professional standards, service standards and codes of conduct so that the Patient Safety would be realized.This research applied a socio-legal approach to having analytical-descriptive specifications. The data used were primary and secondary those were gathered by field and literature studies. The field study was conducted by having interviews to, among others, the Director of Panti Rahayu Yakkum Hospital of Purwodadi, Head of Room and Chairman of Patient Safety Committee, nurses and patients. The data were then qualitatively analyzed.The arrangement of nurses’ role in implementing Patient Safety and the patient’s rights protection was based on the Constitution of the Republic of Indonesia of 1945, Health Act, Hospital Act, Labor Act, and Nursing Act. These bases made the hospital obliged to implement Patient Safety. The regulations leading the hospital to provide Patient Safety were Health Minister’s Regulation Nr. 11 of 2017 on Patient Safety, Statute of Panti Rahayu Yakkum Hospital of Purwodadi (Hospital ByLaws), Internal Nursing Staff ByLaws. In implementing Patient Safety Panti Rahayu Yakkum Hospital of Purwodadi had established a committee of Patient Safety team consisting of the nurses that would implement six targets of Patient Safety. Actually, the Patient Safety implementation had been accomplished but it had not been optimally done because of several factors, namely juridical, social and technical factors. The supporting factors in influencing the implementation were, among others, the establishment of the Patient Safety team that had been well socialized whereas the inhibiting factors were limitedness of time and funds to train the nurses besides the operational procedure standard (OPS) that was still less understood. Lack of learning motivation among the nurses also appeared as an inhibiting factor in understanding Patient Safety implementation.

Does the Aggravated Sentencing Regime under the Prevention of Organised Crime Act 121 of 1998 Violate Freedom of Association? A Constitutional and Comparative Analysis

2021 ◽  
Vol 2021 (2) ◽  
pp. 288-305
Author(s):  
Delano Cole van der Linde
Keyword(s):  
The United States ◽  
Organised Crime ◽  
Gang Member ◽  
European Convention ◽  
Political Rights ◽  
Freedom Of Association ◽  
Criminal Organisation ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

In terms of section 10(3) of the Prevention of Organised Crime Act 121 of 1998 (“POCA”), a court may impose an aggravated sentence on a criminal offender if the offender was a gang member at the time of the commission of a crime. The court is entitled to apply section 10(3) to the sentencing of any common-law or statutory offence, save for the gang-related offences in Chapter 4 of POCA. As aggravated punishment is attached directly to a person’s status as a gang member, one must question whether such aggravated punishment does not violate the right to freedom of association in section 18 of the Constitution of the Republic of South Africa, 1996. Section 18 is an unqualified right and subject only to the limitations clause under section 36 of the Constitution. The purpose of this contribution is to investigate whether the associational freedom guaranteed by the Constitution may be limited in light of considerations under international law (such as the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights and the European Convention on the Protection of Human Rights and Fundamental Freedoms) as well as foreign law (specifically the United States and Germany). The consensus is, broadly speaking, that persons are nondeserving of associational protection where the conduct connected to such an association is criminal in nature. Increased criminal consequences are justifiable where a person’s unlawful conduct is also connected to their status and activity as a member of a criminal organisation. However, increased criminal consequences based merely on a person’s membership of a criminal organisation, as is the case in terms of section 10(3) of POCA, is considered arbitrary and irrational. The conclusion is that section 10(3) of POCA should be amended so that it applies only to crimes that are related to a convicted person’s gang-related activities.

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.

scholarly journals THE LEGAL EDUCATION OF THE BASIS FOR STRENGTHENING MILITARY DISCIPLINE

2020 ◽  
pp. 389-392
Author(s):  
Makhmudov R.M ◽  
Karimova B.N
Keyword(s):  
Military Personnel ◽  
National Guard ◽  
Legal Education ◽  
Legal Standards ◽  
The Republic ◽  
Military Law ◽  
The Right ◽  
Relationship Of ◽  
The Military

This article discusses the problems of legal education and strengthening the discipline of the military of the National Guard of the Republic of Uzbekistan as citizens of the rule of law. The role of law and its influence on the legal consciousness of military personnel is revealed. Features and specificity of the service of the military personnel of the National Guard of the Republic of Uzbekistan. The authors in the article will try to uncover the relationship of legal education and strengthening the discipline of military personnel. The role of the right to strengthen the charter knowledge of military personnel is revealed in detail. KEY WORDS: members of the National Guard, military regulations, legal standards, legal education, military law, legal support, specific features, the formation of a legal culture, strengthening discipline.

scholarly journals EKSISTENSI HUKUMAN MATI DITINJAU DARI ASPEK HAM SIPIL DALAM PERSEPEKTIF HAK UNTUK HIDUP

2021 ◽  
Vol 3 (2) ◽  
pp. 72-91
Author(s):  
I Gusti Bagus Hengki
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Research Methodology ◽  
Scientific Paper ◽  
Human Rights Law ◽  
Right To Life ◽  
The Republic ◽  
Perpetrators And Victims ◽  
The Right

This scientific paper is expected to find out how the existence of the death penalty is viewed from the aspect of Civil Human Rights in the perspective of the right to life and whether the existence of the death penalty is contrary to the ideology of the Pancasila State and the 1945 Constitution of the Republic of Indonesia and the Human Rights Law with a normative research methodology with using a statutory approach. From the results of the discussion that the existence of the death penalty in terms of the Civil Human Rights aspect in the perspective of the right to life still needs to be maintained, because it does not conflict with the ideology of the Pancasila State and the 1945 Constitution of the Republic of Indonesia, the Human Rights Law, UDHR and ICCPR, as well as religion. in Indonesia, as long as it is not carried out arbitrarily, in accordance with the provisions of the legislation. This needs to be done because to provide protection for individual perpetrators and victims against acts of revenge, emotional, uncontrollable, vigilante, so that it does not guarantee that the death penalty is abolished. Indeed, there are parties who are pro and contra about the death penalty by both underpinning Pancasila, all of which is to make Pancasila a "Justification".   Tulisan ilmiah ini diharapkan dapat mengetahui bagaimana eksistensi  hukuman mati  ditinjau dari aspek  HAM Sipil dalam perspektif hak untuk hidup  dan apakah eksistensi  hukuman mati bertentangan dengan  ideologi Negara Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 serta  Undang-Undang HAM dengan metodologi penelitian normatif dengan menggunakan jenis pendekatan perundang-undangan (statute Approach). Dari hasil pembahasan bahwa eksistensi hukuman mati ditinjau dari aspek HAM Sipil dalam perspektif Hak untuk hidup  masih perlu dipertahankan, karena tidak bertentangan dengan ideologi Negara Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, Undang-Undang HAM, UDHR dan ICCPR, maupun agama yang ada di Indonesia, asal dilaksanakan  tidak sewenang-wenang, sesuai dengan ketentuan peraturan perundang-undangan. Hal ini perlu diadakan  karena untuk memberikan perlindungan terhadap individu pelaku dan korban terhadap tindakan balas dendam, emosional, tidak terkendali, main hakim sendiri, sehingga tidak menjamin bahwa kalau hukuman pidana mati ditiadakan.  Memang ada pihak yang pro dan kontra tentang hukuman mati dengan sama-sama mendasari Pancasila, semuanya itu untuk menjadikan Pancasila sebagai “Justification“.

The Interests Protected by the Right to Security of Person

2019 ◽  
pp. 103-122
Author(s):  
Rhonda Powell
Keyword(s):  
Human Rights ◽  
South African ◽  
Capabilities Approach ◽  
European Convention ◽  
Political Rights ◽  
Bill Of Rights ◽  
Human Rights Law ◽  
Economic Rights ◽  
Canadian Charter ◽  
The Right

Drawing on the analysis of security in Chapter 3 and the capabilities approach in Chapter 4, Chapter 5 provides examples of the interests that the right to security of person protects. It also considers the extent to which human rights law already recognizes a link between those interests and security of person. Five overlapping examples are discussed in turn: life, the means of life, health, privacy and the home, and autonomy. Illustrations are brought primarily from the European Convention on Human Rights, the Canadian Charter, and the South African Bill of Rights jurisprudence. It is argued that protection against material deprivations that threaten a person’s existence are as much part of the right to personal security as protection against physical assaults. The right to security of person effectively overcomes the problematic distinction between civil and political rights and socio-economic rights because it sits in both categories.

Economic and Social Rights

2017 ◽  
Author(s):  
William F. Felice
Keyword(s):  
Capabilities Approach ◽  
Social Rights ◽  
Political Rights ◽  
Economic Rights ◽  
Human Needs ◽  
Social Basis ◽  
Right To Development ◽  
Equal Importance ◽  
The Right ◽  
Politics And Law

Economic rights refer to the right to property, the right to work, and the right to social security. Social rights are those entitlements necessary for an adequate standard of living, including rights to food, housing, health, and education. Since economic rights have a social basis, and social rights have an economic basis, both classifications are considered of equal importance and interdependent. The intellectual and social dimensions of economic and social rights have evolved from at least four spheres: religion, philosophy, politics, and law. Throughout history, individuals and groups debated and accepted obligations to help the needy and prevent suffering. There were both religious and secular dimensions to these undertakings. Early human rights advocates moreover proclaimed an interdependence between civil and political rights and economic and social rights and criticized those who made too sharp a distinction between them. A central debate over economic and social rights relates to their legal validity. Some scholars argue that by their very nature, economic and social rights are not “justiciable.” Another issue is the link between economic and social rights in meeting basic human needs and the alleviation of global poverty. The right to development is also important in debates on economic and social rights, as it attempts to correct the economic distortions left by the legacy of colonial domination. Perhaps the most promising new approach to economic and social rights is Amartya Sen’s capabilities approach, which focuses on what individuals need for adequate functioning.

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.

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