scholarly journals Leveraging the local administration to engender access to justice in Kenya: the case of Mukuru Kayaba Informal Settlement, Nairobi County, Kenya

2021 ◽  
Vol 25 (spe) ◽  
pp. 1-31
Author(s):  
Ruth N Murumba
Keyword(s):  
Informal Settlement ◽  
Secondary Data ◽  
Local Administration ◽  
Access To Justice ◽  
Constitutional Change ◽  
Cultural Rights ◽  
Women And Children ◽  
The Government ◽  
The Individual ◽  
Economic Constraints

Constitutional change in Kenya has opened up spaces of contestation of rights for citizens. However, marginalisation of certain segments of the population remains a key constraint to achieving universal protections. A lack of awareness and capacity of both citizens and the government hinders the advancement of the goals to lift the standards of all the citizens. There has been the extension of the rights to the individual to cover political, economic, social, economic and cultural rights. Communities living in informal settlements face extreme margin alisa tion which is vividly expressed in the lack of access to justice. This is specifically difficult for women and children as they face social, cultural and economic constraints. Using Mukuru Kayaba informal settlement as a case study, this article will examine how the place and status of the local administration can be leveraged and negotiated to secure access to justice for women and children. Secondary data will be analysed and presented narratively. This is to contribute to the debate on effectively engendering access to justice for women and children ; it is especially important at the grassroots level where women and children may lack the capacity to seek redress from other sources.

scholarly journals Identifikasi bentuk partisipasi masyarakat Dalam pelaksanaan program Peningkatan kualitas permukiman Studi Kasus : Pada Pelaksanaan Program PLPBK di Permukiman Masyarakat Berpenghasilan Rendah di Kelurahan Tenilo Kota Gorontalo

2018 ◽  
Vol 1 (1) ◽  
pp. 73
Author(s):  
Mochamad Athar Jantu
Keyword(s):  
Community Participation ◽  
Low Income ◽  
Secondary Data ◽  
Community Empowerment ◽  
Improvement Program ◽  
Community Group ◽  
Internal Factors ◽  
Gender Education ◽  
The Government ◽  
The Individual

The participation of the community in an implementation of the program or activity greatly affects the success of the program. This participation itself was born because of the factors from inside and outside the individual as members of that community group. This writing is based on a study that takes place in low-income community settlements in Tenilo RT II / RW II Kelota Kelota Gorontalo, Gorontalo Province with the aim of identifying the forms of community participation as well as the factors that influence the participation of the community in the implementation of the quality improvement program which is part of the Community-Based Settlement Environment Management (PLPBK) program by the government in the National Urban Empowerment Community Empowerment Program (PNPM-Mandiri Urban). The method used in this research is by qualitative analysis approach to analyze the primary and secondary data. The study finds that the form of community participation in the implementation of the program of improving the quality of settlements of low income community groups in Tenilo RT II / RW II Kelota District Gorontalo in the form of energy and goods . Internal factors that influence are gender, education, occupation, age, and income, while external factors as the incentive is the willingness, ability and opportunity.

scholarly journals Tanggung Jawab Pemerintah Terhadap Perlindungan Hak Anak Terhadap Tindak Kekerasan

2020 ◽  
Vol 9 (2) ◽  
pp. 305
Author(s):  
Melia Larassati
Keyword(s):  
National Development ◽  
Legal Protection ◽  
Secondary Data ◽  
Service Center ◽  
Trafficking In Persons ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Principles ◽  
Women And Children ◽  
The Government

Children are the next generation of the nation's future ideals asset as human resources for future national development, but today there are so many children who got violence in their lives. This research aims to analyzes the responsibilities of the government and contribution of Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak related to the provision of protection against acts of violence. this research is normative legal research by conducting a study of rules, doctrines, and also legal principles. Secondary data collection was carried out using the library study method with various legal materials analyzed descriptively by the method of the statute and conceptual approach. This research shows that the government has provided legal protection for rights related to violence in the form of legal products in the form of Undang-Undang No.39 Tahun 1999 tentang Hak Asasi Manusia and Undang-Undang No 35 Tahun 2014 tentang Perlindungan Anak. In addition to through legal products, the government also provides protection to children through the Komisi Perlindungan Anak Indonesia land Komisi Perlindungan Anak Indonesia Daerah and Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak as a service center that empowers women and children in various fields such as development, providing protection for women and children against various forms of discrimination, trafficking in persons, and acts of violence. Anak merupakan generasi muda penerus cita-cita perjuangan bangsa sekaligus modal sumber daya manusia bagi pembangunan nasional ke depannya, Namun dewasa ini terjadi begitu banyak anak yang mengalami tindak kekerasan dalam kehidupannya. Tulisan ini bertujuan untuk menganalisis tanggung jawab pemerintah dan kontribusi Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak terkait dengan pemberian perlindungan terhadap tindak kekerasan. Jenis penelitian yang digunakan adalah metode hukum normatif dengan melakukan kajian terhadap aturan, doktrin dan juga prinsip hukum. Pengumpulan data sekunder dilakukan dengan menggunakan metode studi kepustakaan dengan berbagai bahan hukum yang dianalisis secara deskriptif dengan metode pendekatan peraturan perundang-undangan dan konseptual.  Tulisan ini menunjukkan, Pemerintah telah memberikan perlindungan hukum terkait dengan tindak kekerasan dalam bentuk produk hukum berupa Undang-UndanglNo.39ltahunl1999 tentang Hak Asasi Manusia dan Undang-UndangMNoM35 TahunN2014 tentang Perlindungan Anak. Selain melalui produk hukum, pemerintah juga memberikan perlindungan kepada anak melalui Komisi Perlindungan Anak Indonesia dan Komisi Perlindungan Anak Indonesia Daerah serta Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak sebagai pusat pelayanan yang melakukan pemberdayaan terhadap perempuan dan anak dalam berbagai bidang seperti pembangunan, pemberian perlindungan bagi perempuan dan anak terhadap berbagai bentuk diskriminasi, perdagangan orang, dan tindak kekerasan.

scholarly journals Access to Justice for People with Disability in Nigeria: Therapeutic Day Care Centre (TDCC) as a Case Study

2021 ◽  
Vol 7 (2) ◽  
pp. 265-278
Author(s):  
Chinwe Stella Umegbolu
Keyword(s):  
Day Care ◽  
Secondary Data ◽  
Disabled Persons ◽  
Access To Justice ◽  
Court System ◽  
Care Centre ◽  
The Disabled ◽  
The Government ◽  
Day Care Centre

Access to justice through the court system for non-disabled persons is trampled upon every day in Nigeria. One can then imagine the plight of the disabled persons most of whom live in abject poverty and constant discrimination from their respective families, religious congregation, educational sectors, Judicial practices and the ineffectiveness of the government policies, which clearly plummeted people’s confidence in the social justice system as well as the entire political structure. Against this backdrop, this study presents the findings of the analyses of these discriminations and Injustices; stemming from basic amenities to prevailing cultural vices, religious practices and lack of commitment on the part of the government. To attend and implement the needs of the disabled persons, which are hindrances to access to justice for the disabled persons in Nigeria. Thus this writer used Therapeutic Day Care Centre (TDCC) as a case study by interviewing the people that work with them as well as primary and secondary data. The conclusion points to the needs of these ‘special’ groups or disabled persons that were explicitly listed herein to be strictly adhered and for the Nigeria Bar Association (NBA) to take a proactive stand to redress the lawful inadequacies so as to enhance their access to justice. Keywords: Alternative Dispute Resolution; Multi-door courthouse; Litigation; Access to Justice; Disabled Person; Therapeutic; Human rights.

scholarly journals Sharia Islamic Economics in the Middle of Civilization Transition

2021 ◽  
Vol 3 (1) ◽  
pp. 64-75
Author(s):  
Mohammad Ghozali ◽  
Resi Handayani ◽  
Wahyudi Bakri
Keyword(s):  
Economic System ◽  
Secondary Data ◽  
Advantages And Disadvantages ◽  
Positive Side ◽  
Library Research ◽  
The Government ◽  
Islamic Economic ◽  
The Individual ◽  
The Right ◽  
The Relationship

The existence of an economic system of capitalism, an economic system of socialism, and an economic system of sharia are a response to problems regarding the economy as well as an answer to removing people from the obscurity of the existing economic system. It’s hoped that these systems will be the key to the economic success of a society. But there are always advantages and disadvantages to every existing system. The economic system of capitalism is an economic system hi which investors or owners of capital are the movers and rulers. Meanwhile, the economic system of socialism is a system hi which the government is the main control, this system ignores the position of the individual, everything is regulated by the ruler and no one has the right other than the ruler. The considerations positives and negatives of each system have created a sharia economic system where this system has every positive side of the capitalist and socialist economic system but ignores the shortcomings or negative sides of the two systems. This paper discussed how the economic system of capitalism, the economic system of socialism, the Islamic economic system, and the relationship between them. The method used in this writing was library research, in which the authors used various secondary data from books, article, and many more. The results showed that it is clear that there are far differences between the conventional economic system and the Islamic economic system, the conventional economic system includes the economic system of capitalism and the economic system of socialism.

scholarly journals Pelaksanaan Pemeriksaan Terhadap Pelaku Penyalahguna Narkotika Dengan Sistem Rehabilitasi di Badan Nasional Narkotika Propinsi Jawa Tengah.

2016 ◽  
Vol 3 (2) ◽  
pp. 253
Author(s):  
Andri Winjaya Laksana
Keyword(s):  
Human Trafficking ◽  
Legal Protection ◽  
Secondary Data ◽  
Lack Of Information ◽  
Research Problems ◽  
Women And Children ◽  
The Government ◽  
Conducting Research ◽  
Trafficking Victims ◽  
Social And Cultural Factors

Human Trafficking especially against women and children is a crime whose perpetrators must be severely punished. Most victims of trafficking are women and children whose educational level is low and the weak economic situation, therefore victims should receive legal protection. The method used in this research is juridical sociological or socio legal research, the method or procedure used to solve research problems by examining secondary data such as ingredients laws or regulations applicable law followed by conducting research on the data primer on the field. The results showed, 1) factors that cause human trafficking are poverty, low education, Promiscuity, lack of information. 2) obstacles in the legal protection for trafficking victims even though the government has issued Law No. 21 of 2007 on the Eradication of Trafficking in Persons, but it is unfortunate that the law can not be enforced effectively, because there are some obstacles in the form factor of non-juridical include economic factors, poverty, education factors are low and social and cultural factors.

scholarly journals Supporting Individual and Society as One of the Principles of Citizenship Rights in Islamic Republic of Iran

2016 ◽  
Vol 9 (10) ◽  
pp. 180
Author(s):  
Mohammad Saeed Shafiei ◽  
Meysam Nematollahi
Keyword(s):  
Political Rights ◽  
Government Officials ◽  
Citizenship Rights ◽  
Economic Rights ◽  
Cultural Rights ◽  
The Social ◽  
Islamic Republic Of Iran ◽  
The Government ◽  
The Individual ◽  
International Conventions

Citizenship rights is an obvious issue and one must defend the rights of citizens; but at the same time, we must consider the social realities of a society. When one speaks of the rights of citizens in a society, it does not mean to abide it and this right must be respected especially by government officials. To achieve this objective, the emphasis on understanding, implementation, and observance of citizenship rights should become as a culture and the government should do its supportive measures and efforts fairly and accurately so that social anomalies that are rooted in the lack of abiding citizenship rights, do not spread in the society. Therefore, it should be said that citizens, society, and the government are the three vertices if citizenship rights triangle, as the existence of all vertices is necessary. In this article, we discuss the concepts of citizenship rights and evaluate and assess the supporting principles of the individual and society which are considered as the government’s duties. The reason for studying this issue is to find out why to support individual and society rights? Is this support a citizenship right? The aim of this study is to review citizenship rights including socio-political rights, economic rights and social welfare, judicial and cultural rights as well as supporting principles of the individual and society. To do this study, articles, and various books were studied and fundamentals of supporting the individual and society were developed and extracted. This review showed that supporting individual and community are including citizenship rights, and has been emphasized in all laws and international conventions.

scholarly journals THE PORTRAIT OF RURAL TOURISM MODEL IN THE BAHA TOURISM VILLAGE OF BADUNG DISTRICT

2017 ◽  
Vol 2 (1) ◽  
pp. 97
Author(s):  
Monica Fitria Hartiningsih ◽  
I Made Adhika ◽  
Komang Trisna Pratiwi Arcana
Keyword(s):  
Communication Networks ◽  
Public Attitudes ◽  
Secondary Data ◽  
Life Cycle Stage ◽  
Rural Tourism ◽  
Primary Data ◽  
The Government ◽  
The Individual ◽  
Village Life ◽  
Public Toilets

Baha Village designated as tourism village since 1994. However, until now relatively undeveloped as expected. The purpose of this research to determine of tourism existing and the portrait of rural tourism model that took place in Baha Tourism Village. This research used descriptive qualitative method. The informant determined by purposive and utilize qualitative and quantitative data where its sourced from primary data also secondary data. Datas obtained by observation, interviews, and documentation. The research of result was found tourism existing ini Baha Tourism Village in the form of a panoramic expanse of rice fields and visiting to a Balinese traditional house, supported with the adequate accessibility and facilities such as public toilets, wantilan, clean water, electricity and communication networks. Institutional is not yet operational. Baha Tourism Village life cycle stage with the involvement of public attitudes tend to be quiet(Withdrawal). Referring to the existing portrait of rural tourism model at the Baha Tourism Village is a rural tourism model of halffull-passive interaction who initiated by the government and its managed by the individual societies. It can be concluded, Baha Tourism Village has not been categorized as a ideal tourism village.

scholarly journals The Human Rights Act 1998: A Bridge between Citizenship and Justice?

2004 ◽  
Vol 3 (2) ◽  
pp. 113-121 ◽  
Author(s):  
Nigel Johnson
Keyword(s):  
Human Rights ◽  
Public Authorities ◽  
Cultural Rights ◽  
Liberal Conception ◽  
Role Of The State ◽  
Political Citizenship ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Government ◽  
The Individual

This article discusses the implications of the Human Rights Act 1998 (HRA). It suggests that the HRA is designed to promote a classic liberal conception of political citizenship, which protects the individual from the exercise of arbitrary state power, and not to extend the role of the state as a welfare provider. It goes on to argue that the government has limited the effectiveness of the HRA by claiming that they are building a culture of rights and responsibilities whilst treating human rights as an issue for the courts rather than an issue for government and public authorities generally. The article concludes by discussing extending the HRA to include economic, social and cultural rights.

scholarly journals PEMIKIRAN EKONOMI ISLAM IMA

2018 ◽  
Vol 2 (2) ◽  
pp. 257-271
Author(s):  
Huril Aini
Keyword(s):  
Islamic Law ◽  
Secondary Data ◽  
Economic Thought ◽  
Primary Data ◽  
Narrative Form ◽  
Economic Activities ◽  
Historical Events ◽  
The Government ◽  
The Individual ◽  
Many Sources

Economic activity is defined as inseparable thing in life. The process that occurs in terms of exchange with a particular agreement creates a system which we then call the economic transactions. The transaction is nothing but an attempt to make ends meet. In this case, the government will supervise the activities. Individual actions in the economy in particular and action in general, depends on the mind and worldview of the individual. Therefore, Islam as a universal religion has regulated and provided the right pattern of action in life, socially, culturally and economically. The writing will try to answer the question: how the Islamic economic thought of Ima>m al-Ghaza>li on money in the context of mas}lah}ah mursalah. The research is literature research, which examines the sources of books, books, scientific journals, articles and other forms of material or commonly related to the discussion of this paper. The data have been collected from many sources, analyzed using content analysis method, namely research technique to make replicable inference and valid data with respect to context. The description is presented in descriptive or narrative form the data already collected is analyzed in accordance with historical events or facts, especially the detailed description of the activity, attitude, behavior and position of Ima>m al-Ghaza>li in historical events. In addition, data analysis is presented in an inductive form on data already collected or evidence analyzed, compiled or abstracted based on existing sources (primary data and secondary data). The results showed that to build a good economy and smoothly should be able to run economic activities based on Islamic law by implementing the concept of mas}lah}ah mursalah, including in managing finances well according to the needs of the community and conduct muamalah activities in accordance with the existing ethics. Islamic economy according to Ima>m al-Ghaza>li in its achievement must promote the public good. It implements the concept of mas}lah}ah mursalah with the maintenance of the five basic objectives (maqa>s}id shari>’ah). While in carrying out economic activities, the government must intervene, especially when there are problems in the community. Economic goals should not be concerned only one side of life, but must be balanced between the world and the hereafter.

scholarly journals IMPLEMENTATION OF NON-DISCRIMINATION IN RESPECT TO DETERMINE THE APPROPRIATE POLICY FOR DEALING WITH INTERNATIONAL TRADE

2020 ◽  
Author(s):  
Dijan Widijowati
Keyword(s):  
International Trade ◽  
Negative Impact ◽  
Secondary Data ◽  
Literature Study ◽  
Cultural Rights ◽  
Goods And Services ◽  
Analytical Assessment ◽  
Legal Policies ◽  
The Government ◽  
National Borders

International trade is an activity involving the exchange of goods and services across national borders. International trade is strongly influenced by the harmonization of political, legal, social and cultural rights owned by respective countries. A number of principles have been formulated and enforced to prevent and resolve disputes arising from international trade, one of which is the principle of non- discrimination. In practice the existence of the principle of non-discrimination often cannot be implemented, because it runs contrary to the policies of each country which is to protect its own interests. Based on the background of the problem that has been described, three subject matters were identified: 1. How can the principle of non-discrimination be applied in international trade? 2. How can appropriate legal policies in dealing with the negative impact of international trade be determined? 3. How can expected disputes on international trade be resolved? The method used in this study was the normative juridical approach to literature. Studies have properties that descriptive analytical assessment phase which focuses on the assessment of secondary data. Data was collected by means of a literature study to support the object of assessment. The results of the assessment conducted revealed that the principle of non-discrimination in international trade cannot be directly applied. Although there is a variety of policies whether committed by the government or society which indirectly consider the principle of non-discrimination internationally, the principle of non-discrimination can only be applied if it can support and protect the interests of concerned parties.

Sign in / Sign up

Export Citation Format

Share Document