scholarly journals Legislative Construction of the Post Amendment In Restoring Indonesian Democracy

2019 ◽  
Vol 7 (1) ◽  
Author(s):  
Asep Syarifuddin Hidayat
Keyword(s):  
Human Rights ◽  
New Order ◽  
Constitutional Amendments ◽  
The Real ◽  
The People ◽  
The Face ◽  
Legislative Structure

Abstract.Restoring the face of Indonesian Democracy is complicated.Long phases in any case are needed until the real of Indonesian democracy is obtained. Constitutional amendments were also carried out to restore the meaning of democracy to achieve the benefits of democracy itself. As a result of the constitution being considered sacred and cannot be touched by the idea of change during the New Order, amendments became the only unavoidable alternative. The amendments were undergone in an effort to touch on the elements that are considered as the joint foundation of the establishment of democracy in this country. The things done in the amendments also relate to strengthening the contents of the institution which is the mandate of the constitution. Legislative construction is considered as the base of the joint which is the estuary of the concept of pure democracy. The addition of the DPD organs as a new institution in the Indonesian constitutional legislative structure is part of an effort to restore democracy in Indonesia. Therefore this construction effort has an impact on the opening of access to democracy so that it is no longer distant from the people, guaranteed individual and group freedom, upholding human rights, and opening the space for freedom for the press.Keywords: Construction, Legislative Institution, Indonesian DemocracyAbstrak.Melakukan restorasi wajah Demokrasi Indonesia tidaklah mudah. Setidaknya dibutuhkan fase-fase yang panjang hingga akhirnya didapatkan demokrasi Indonesia yang sesungguhnya. Amandemen konstitusi pun dilakukan untuk mengembalikan makna demokrasi guna mencapai manfaat dari demokrasi itu sendiri. Akibat konstitusi dianggap sakral dan tidak dapat disentuh oleh ide perubahan pada masa orde baru, maka amandemen pun menjadi satu-satunya alternatif yang tidak dapat dihindari. Amandemen dilakukan dalam upaya menyentuh unsur-unsur yang dianggap sebagai pangkal sendi dari tegaknya demokrasi di negara ini. Hal yang dilakukan dalam amandemen juga berkaitan dengan penguatan isi lembaga yang merupakan amanat konstitusi. Konstruksi legislatif dianggap sebagai pangkal sendi yang menjadi muara konsep demokrasi murni.  Penambahan organ DPD sebagai Lembaga baru dalam struktur legislatif ketatanegaraan Indonesia merupakan  bagian dari usaha merestorasi demokrasi di Indonesia. Karenanya upaya kontruksi ini berdampak pada terbukalah akses demokrasi sehingga tidak lagi berjarak dengan rakyat, terjaminnya kebebasan individu dan kelompok, tegaknya hak asasi manusia, serta terbukanya ruang kebebasan bagi pers.Kata Kunci: Kontruksi, Lembaga legislatif, Demokrasi Indonesia

scholarly journals A EDUCAÇÃO EM DIREITOS HUMANOS COMO MEIO PARA FORMAÇÃO DO POVO PARTICIPATIVO E DO SUJEITO CRÍTICO

Percurso ◽  
2019 ◽  
Vol 2 (29) ◽  
pp. 95
Author(s):  
Victor José Amoroso de LIMA ◽  
Teófilo Marcelo de Arêa LEÃO JÚNIOR
Keyword(s):  
Human Rights ◽  
Participatory Democracy ◽  
State Power ◽  
Paulo Freire ◽  
Educational Process ◽  
Human Rights Education ◽  
The People ◽  
Democratic State ◽  
The Face ◽  
State Educational

RESUMOObjetivo do presente é estudar a Educação em Direitos Humanos e verificar se poderia ser resolução do seguinte problema: “de qual maneira se poderia obter um Estado onde haja uma verdadeira democracia participativa, e não somente representação desligada do povo que supostamente se representa?.” A metodologia foi dedutiva, com procedimento bibliográfico, partindo da ideia de Müller (2009) e de Paulo Freire (2001), e das suas exigências para povo e homem que verdadeiramente sejam ativos e representantes de si mesmos, perante os desmandos estatais, até a exposição de um processo educacional que acate essas exigências. A justificativa vem da aparente obscuridade do termo “povo” nos artigos da Carta Magna brasileira que serve de legitimação para o poder estatal, e da afirmativa que o país seria democrático, mas ao mesmo tempo não se vê representatividade do todo nas decisões estatais, portanto tem-se que estudar se algum processo poderia resultar em indivíduos que verdadeiramente integrem um Estado Democrático. A conclusão foi que a Educação em Direitos Humanos pode responder aos anseios dos dois autores referidos, criando sujeitos críticos e povo participativo, o que resultaria na democracia real. PALAVRAS-CHAVES: Educação; Educação em Direitos Humanos; Democracia. ABSTRACT The purpose of this study is to study Human Rights Education and to verify if it could solve the following problem: "in what way could a state be obtained where there is a true participatory democracy, and not only representation detached from the people supposedly represented?" The methodology was deductive, with a bibliographical procedure, based on the idea of Müller (2009) and Paulo Freire (2001), and its demands for people and men who are truly active and self-representatives, in the face of state educational process that meets these requirements. The justification comes from the apparent obscurity of the term "people" in the articles of the Brazilian Constitution that legitimizes state power, and affirms that the country would be democratic, but at the same time it does not see representativeness at all in state decisions. one has to study whether any process could result in individuals who truly comprise a Democratic State. The conclusion was that Human Rights Education can respond to the aspirations of the two authors mentioned, creating critical subjects and participatory people, which would result in real democracy.KEYWORDS: Education; Education in Human Rights; Democracy. 

scholarly journals Doing Minority Justice Through Procedural Fairness: Face Veil Bans in Europe

2013 ◽  
Vol 2 (1) ◽  
pp. 1-26 ◽  
Author(s):  
Saïla Ouald Chaib ◽  
Saïla Ouald Chaib ◽  
Eva Brems
Keyword(s):  
Human Rights ◽  
Procedural Fairness ◽  
Public Places ◽  
The People ◽  
European Court ◽  
Complementary Approach ◽  
The Social ◽  
Multicultural Context ◽  
The Face ◽  
Legislative Processes

Abstract The French and Belgian bans on face veils in public places have been subjected to strong substantive human rights critiques. This article takes a complementary approach, examining the bans from the perspective of procedural fairness. Indeed, the French and Belgian bans are extreme examples of legislative processes taking place above the heads of the people concerned, neglecting the ban’s possible human rights impact. After exploring what the social psychology notion of procedural fairness entails for the judiciary and the legislator, especially in a multicultural context, this article details procedural fairness shortcomings with respect to the face veil ban in France and Belgium. Subsequently, the article sets out how the European Court of Human Rights might compensate for these shortcomings.

Reformasi and the Decline of Liberal Islam

2019 ◽  
pp. 117-134
Author(s):  
Greg Fealy
Keyword(s):  
Human Rights ◽  
Political Reform ◽  
New Order ◽  
Islamic Movement ◽  
Islamic Thought ◽  
The Face ◽  
Muslim Intellectuals ◽  
The Way

This chapter explains how liberal Muslim intellectuals and activists have drawn on religious teachings to popularize and validate political reform and human rights agendas from the late 1980s. This prepared the way for Indonesia's majority Islamic community to embrace democracy as an alternative to authoritarianism. The wealth of progressive Islamic thought and action that marked those decades, has, however, fallen victim to the illiberal aspects of reformasi. One of the paradoxes of democratization is that the progressive Islamic movement quickly became a casualty of the increasing dominance of conservative Islamic forces. The chapter concludes that while liberal Islam flourished in New Order Indonesia because it had the support of the regime, it was unable to leverage that success in the face of broader religiocultural and political changes from the early 2000s, which have been driven by, and favored, conservative Islamist forces.

scholarly journals Analisis Penerapan Protokol Kesehatan Masyarakat Bangkalan: dari Interpretasi Kulturalis-Religiusitas ke Implementasi “Teks Suci”

2021 ◽  
Vol 3 (1) ◽  
pp. 63-71
Author(s):  
Masyhudunnury Masyhudunnury
Keyword(s):  
Local Government ◽  
The State ◽  
Sacred Text ◽  
The Real ◽  
Remote Areas ◽  
The People ◽  
The World ◽  
Good Will ◽  
The Face ◽  
District Government

Over a year the COVID-19 pandemic has hit all corners of the world, including remote areas throughout the archipelago. One of the reasons for the government's inopable efforts in dealing with it is that partial non-compliance has been poured in the form of regional legal products. This paper aims to analyze and explore the real non-compliance of the community even though the local government has done its utmost to make the community understand the purpose and noble purpose of the rule. By using literature studies in analyzing empirical phenomena of behavior among the people of Bangkalan district in response to the policy of 'state' in the face of pandemic covid-19. From this research, it was concluded that the 'state' endeavors in this case the Bangkalan District Government and how to handle it in saving the community from Covid-19 protesters with the representation of the pouring of the community will cult a "holy text", noble values understood in pieces. regional law products, both the Regent Regulation and the Regent's Decree. But the effort as a good will of such authority is hindered by the simplicity of understanding and interpretation of most of society's cult of a "sacred text", noble values understood in pieces

scholarly journals STRATEGI DAKWAH DAN KEMAJEMUKAN MASYARAKAT

2016 ◽  
Vol 1 (1) ◽  
pp. 137-147
Author(s):  
Sulkhan Chakim
Keyword(s):  
Human Rights ◽  
Cultural Diversity ◽  
Human Life ◽  
Real Life ◽  
Harmonious Society ◽  
Social Solidarity ◽  
The Real ◽  
Religious Conflicts ◽  
The People ◽  
Sense Of Justice

Da ’wa is one of the essential parts of religiosity. According to Islam, every believer has the duty to preach Islamic teachings according to his capability. In the real life, this duty is actualized individually or in group. Da’wa includes inviting people to apply religious values and it is not merely done by Muslims. Followers of other religions also have such activity so that they should hcrve the same chance too. However, we should also realize that there are some contradictory doctrines such as tauhid, prophecy, and humanity.Every religion has an important role in human life which has dijferent culture. In spite of the true reasons, cultural diversity, including tribe, religion, and race, is often used to raise conflicts among people. Many conflicts in Indonesia, which seem to be religious conflicts, need to be viewed in relation to politics, economy, and socio- culture of the people. If religious conflicts really exist, it is necessary to build the spirit of togetherness based on the values of justice, freedom, and human rights. It is expected that the deeper the religious spirit, the deeper the sense of justice and humanity. As a result, in developing harmonious society, universal value-oriented da’wa is needed to create the spirit of togetherness and social solidarity.

Who Was the ‘Heroine’ of Freud's First Case History? Problems and Issues in the Identification of Freud's patients

2017 ◽  
Vol 19 (1) ◽  
pp. 7-54 ◽  
Author(s):  
Richard Skues
Keyword(s):  
Case History ◽  
The Real ◽  
Hypnotic Suggestion ◽  
Social Circle ◽  
First Case ◽  
The Face ◽  
Historical Investigation

In 1892–3 Freud published his first substantial case history, which concerned a patient treated by means of hypnotic suggestion. For some years this has been one of the few remaining of Freud's dedicated cases histories where the patient has not been identified. More recently, however, two publications independently arrived at the conclusion that the patient was none other than Freud's wife, Martha. This paper sets out the reasons why this identification should always have been treated with suspicion, even if the real identity was not known. Nevertheless, the paper goes on to offer a more plausible identification from among Freud's known social circle. The second part of the paper questions the circumstances under which the original misidentification could plausibly have been sustained in the face of such glaring evidence to the contrary. It concludes that, among other reasons, recent tendencies in controversies about Freud's trustworthiness have the hazard of leading to unreliable assumptions about Freud's honesty being taken as a basis for sound historical investigation.

“Christ’s mighty shrine above His martyr’s tomb”: Byron and Liszt’s Journey to Rome

2014 ◽  
Vol 55 (1-2) ◽  
pp. 17-26
Author(s):  
Paul W. Merrick
Keyword(s):  
Literary Works ◽  
The Real ◽  
English Poet ◽  
Byronic Hero ◽  
Public Enemy ◽  
The Face ◽  
Narrative Poem ◽  
Positive Force

The influence of Byron on Liszt was enormous, as is generally acknowledged. In particular the First Book of the Années de pèlerinage shows the poet’s influence in its choice of Byron epigraphs in English for four of the set of nine pieces. In his years of travel as a virtuoso pianist Liszt often referred to “mon byronisme.” The work by Byron that most affected Liszt is the long narrative poem Childe Harold’s Pilgrimage which was translated into many languages, including French. The word “pèlerinage” that replaced “voyageur” is a Byronic identity in Liszt’s thinking. The Byronic hero as Liszt saw him and imitated him in for example Mazeppa and Tasso is a figure who represented a positive force, suffering and perhaps a revolutionary, but definitely not a public enemy. Liszt’s life, viewed as a musical pilgrimage, led of course to Rome. Is it possible that Byron even influenced him in this direction? In this paper I try to give a portrait of the real Byron that hides behind the poseur of his literary works, and suggest that what drew Liszt to the English poet was precisely the man whom he sensed behind the artistic mask. Byron was not musical, but he was religious — as emerges from his life and his letters, a life which caused scandal to his English contemporaries. But today we can see that part of the youthful genius of the rebel Byron was his boldness in the face of hypocrisy and compromise — his heroism was simply to be true. In this we can see a parallel with the Liszt who left the piano and composed Christus. What look like incompatibilities are simply the connection between action and contemplation — between the journey and the goal. Byron, in fact, can help us follow the ligne intérieure which Liszt talked about in the 1830s.

Óscar Romero and the Politics of Sainthood

2011 ◽  
Vol 5 (3) ◽  
pp. 265-291
Author(s):  
Manuel A. Vasquez ◽  
Anna L. Peterson
Keyword(s):  
Human Rights ◽  
Civil War ◽  
El Salvador ◽  
The Other ◽  
Post Colonial ◽  
Holy See ◽  
The Poor ◽  
The Face ◽  
Crisis Of Modernity ◽  
The One

In this article, we explore the debates surrounding the proposed canonization of Archbishop Oscar Romero, an outspoken defender of human rights and the poor during the civil war in El Salvador, who was assassinated in March 1980 by paramilitary death squads while saying Mass. More specifically, we examine the tension between, on the one hand, local and popular understandings of Romero’s life and legacy and, on the other hand, transnational and institutional interpretations. We argue that the reluctance of the Vatican to advance Romero’s canonization process has to do with the need to domesticate and “privatize” his image. This depoliticization of Romero’s work and teachings is a part of a larger agenda of neo-Romanization, an attempt by the Holy See to redeploy a post-colonial and transnational Catholic regime in the face of the crisis of modernity and the advent of postmodern relativism. This redeployment is based on the control of local religious expressions, particularly those that advocate for a more participatory church, which have proliferated with contemporary globalization

PERSEFEKTIF IN HUMAN TRAFFICKING CRIME LAW NUMBER 39 OF 1999 ON HUMAN RIGHTS CASE AGAINST CHILD TRAFFICKING IN MEDAN

2020 ◽  
Vol 2 (1) ◽  
pp. 46-51
Author(s):  
Ida Monika Putu Ayu Dewi
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Criminal Law ◽  
Sexual Exploitation ◽  
Trafficking In Persons ◽  
The People ◽  
Public Company ◽  
Legal Sanctions ◽  
Women And Children ◽  
Human Rights Violation

Laws are the norms that govern all human actions that can be done and should not be carried out both written and unwritten and have sanctions, so that the entry into force of these rules can be forced or coercive and binding for all the people of Indonesia. The most obvious form of manifestation of legal sanctions appear in criminal law. In criminal law there are various forms of crimes and violations, one of the crimes listed in the criminal law, namely the crime of Human Trafficking is often perpetrated against women and children. Human Trafficking is any act of trafficking offenders that contains one or more acts, the recruitment, transportation between regions and countries, alienation, departure, reception. With the threat of the use of verbal and physical abuse, abduction, fraud, deception, abuse of a position of vulnerability, example when a person has no other choice, isolated, drug dependence, forest traps, and others, giving or receiving of payments or benefits women and children used for the purpose of prostitution and sexual exploitation. These crimes often involving women and children into slavery. Trafficking in persons is a modern form of human slavery and is one of the worst forms of violation of human dignity (Public Company Act No. 21 of 2007, on the Eradication of Trafficking in Persons). Crime human trafficking crime has been agreed by the international community as a form of human rights violation.  

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