scholarly journals The Qanun Jinayat Discriminates Against Women (Victims of Rape) in Aceh, Indonesia

2018 ◽  
Vol 2 (2) ◽  
pp. 448
Author(s):  
Faradilla Fadlia ◽  
Ismar Ramadani
Keyword(s):  
Human Rights ◽  
Women Victims ◽  
Criminal Law ◽  
Qualitative Method ◽  
Double Burden ◽  
Present Evidence ◽  
Depth Interview

This paper seeks to see how the Qanun Jinayah discriminates against women who are victims of rape. In Qanun Jinayah in article 52, paragraph 1, explain that the victim of rape must include evidence at the time of report. The Qanun Jinayah clearly makes a double burden on the victims where women victims of rape must present evidence and witnesses. Whereas in the criminal law (KUHP), evidence and witnesses are the responsibility of the investigator. This study seeks to see how the discriminatory impacts experienced by victims (women) after the Qanun Jinayah is implemented. Furthermore, this paper uses qualitative method with in-depth interview. The hypothesis of this paper is that Qanun Jinayah has discriminated against women especially the victims of rape and this allows the occurrence of injustice and violation of human rights.  

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.  

Formulasi Rencana Pembangunan Jangka Menengah Desa (RPJMDes) Buluh Cina Kecamatan Siak Hulu Kabupaten Kampar Tahun 2011-2015

2013 ◽  
Vol 10 (1) ◽  
pp. 14
Author(s):  
Auradian Marta ◽  
Khairul Anwar ◽  
Hery Suryadi
Keyword(s):  
Qualitative Method ◽  
The People ◽  
Depth Interview ◽  
Pass Through

This research aims to describe of process or mechanism and formulation model of RencanaPembangunan Jangka Menengah Desa (RPJMDes) Buluh Cina 2011-2015. This research is descriptivetype with used qualitative method. The data on this research obtained are depth interview with informanand documentation study. From this research obtained result that on formulation Rencana PembangunanDesa (RPJMDes) Buluh Cina 2011-2015 pass through Musrenbangdes. Musrenbangdes involved allcomponent participation from institutional and the people. Thus, in formulation RPJMDes used democraticmodel.Keywords: formulation, democratic model, RPJMDes

CONSTRUCTION OF COVID-19 PANDEMIC MANAGEMENT POLICY BASED ON THE WELFARE OF WOMEN AND CHILDREN

2021 ◽  
Vol 4 (1) ◽  
pp. 378
Author(s):  
Dimas Aji Prasetyo ◽  
Juanito Juanito ◽  
Adinda Mustika Hapsari ◽  
Aga Natalis
Keyword(s):  
Human Rights ◽  
Child Development ◽  
Qualitative Method ◽  
Good Governance ◽  
Family Members ◽  
Management Policy ◽  
Socialization Process ◽  
Women And Children ◽  
Children Welfare

<p><em>The purpose of this study is to find out and analyze the construction of policies for handling the Covid-19 pandemic based on women and children's welfare and analyze the Government's role in realizing the policy for handling the Covid-19 pandemic. In order to realize the welfare of women and children. This study uses a qualitative method with a normative juridical approach. The results showed that the construction of welfare-based Covid-19 handling policies for women and children must be socialized to women and children. The socialization process to women and children is carried out in a way; love, appreciation, and love between family members. Socializing women and children in making a policy must encourage and enable women and children to collaborate as equal stakeholders in policies to handle Covid-19 during the pandemic. This policy has certain limitations, such as Human Rights, Good Governance, and Morality. Policies with these limitations will produce policies that guarantee freedom for women and children, protection for women and children, welfare for women and children, child development, all of which must be considered in the policy for handling Covid 19.  </em></p><p><em> </em></p>

Perubahan Budaya dan Tinjauan Islam terhadap Manajemen Mutu Terpadu Pendidikan Islam di Pondok Pesantren Daar El Manshur

2021 ◽  
Vol 3 (3) ◽  
pp. 319-341
Author(s):  
Ade Salamun ◽  
Maemunah Sa’diyah
Keyword(s):  
Quality Management ◽  
Total Quality Management ◽  
Cultural Change ◽  
Qualitative Method ◽  
Boarding School ◽  
Boarding Schools ◽  
Total Quality ◽  
Fully Integrated ◽  
Depth Interview

This study aims to provide an overview of the process of cultural change through total quality management in Islamic perspective carried out at Daar El Manshur Islamic Boarding School. The method of the study is qualitative method by using in-depth interview techniques with informants. This research was conducted at the Daar El Manshur Islamic Boarding School, Depok City, West Java. Data analysis was carried out using content analysis with the stages of reducing data, triangulating data, presenting data descriptively, and drawing conclusions/verification. The results showed that cultural change through total quality management at Daar El Manshur Islamic Boarding School was seen from 7 focuses. The focus of planning for Islamic boarding schools is still focused on current conditions. The focus of the organization is participatory by involving all individuals to improve the quality of education and to develop Islamic boarding schools. The focus of control is still in the form of monitoring and supervising each section based on the existing SOP. The focus of communication has been two-way communication. The focus of the decision is still reactive and not based on well planning even though decisions are made based on deliberation and consensus. The focus of functional management has not been fully integrated. The focus of quality management is still reactive because it is still in the stage of finding the best and most suitable method to be applied in Islamic boarding schools. Therefore, the process of cultural change at Daar El Manshur Islamic Boarding School has begun to occur.

The Accountability of Multinational Companies for Human Rights Violations, Regulatory Trends and New Punitive Approaches Across Europe

2021 ◽  
Vol 11 (1) ◽  
pp. 36-62
Author(s):  
Rossella Sabia
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Multinational Companies ◽  
Financial Disclosure ◽  
Soft Law ◽  
Human Rights Violations ◽  
Legal Obligations ◽  
Disclosure Laws ◽  
Global Operations ◽  
Regulatory Trends

This article investigates the emergence of new regulatory trends in the context of human rights accountability - traditionally characterised by soft law and non-binding guidelines -, where in recent times mandatory non-financial disclosure laws have started to impose on multinational companies new legal obligations complemented by sanctions of a different nature and intensity. By comparing three relevant pieces of legislation in the European panorama, this contribution addresses the reasons why also criminal law scholars should pay attention to the evolution of such regulatory framework, as the prospect of punitive mechanisms aimed at holding large companies accountable for human rights violations in their global operations could become, to some extent, less remote.

Criminal law as a means of protecting human rights and freedoms in the modern world

2021 ◽  
Vol 28 (3) ◽  
pp. 248-256
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Provisions ◽  
Protection Of Human Rights ◽  
Legitimate Interests

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies

scholarly journals Nullum Crimen and International Criminal Law: The Relevance of the Foreseeability Test

2015 ◽  
Vol 84 (3) ◽  
pp. 515-531
Author(s):  
Harmen van der Wilt
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
International Criminal Law ◽  
International Crimes ◽  
European Court ◽  
Starting Point

This article traces the development of the foreseeability test in the context of the nullum crimen principle. While the European Court of Human Rights has introduced the ‘accessibility and foreseeability’ criteria long ago in the Sunday Times case, the Court has only recently started to apply this standard with respect to international crimes. In the Kononov case, judges of the European Court of Human Rights exhibited strongly divergent opinions on the question whether the punishment of alleged war crimes that had been committed in 1944 violated the nullum crimen principle. According to this author, the dissension of the judges demonstrates the lack of objective foreseeability, which should have served as a starting point for the assessment of the subjective foreseeability and a – potentially exculpating – mistake of law of the perpetrator. The Court should therefore have concluded that the nullum crimen principle had been violated.

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