scholarly journals PRO DAN KONTRA TERHADAP KEBIJAKAN MANTAN NARAPIDANA KORUPSI DALAM PENCALONAN LEGISLATIF

2021 ◽  
Vol 6 (2) ◽  
pp. 67
Author(s):  
Alvin Fauzi ◽  
Haryadi Haryadi
Keyword(s):  
Human Rights ◽  
Social Policy ◽  
Political Rights ◽  
Political Decisions ◽  
Oversight Body

his study discusses the prohibition of ex-corruption convicts who registered themselves as legislative candidates. Even this is supported by Article 7 paragraph 1 letter g PKPU. However, the Bawaslu (Election Oversight Body) allowed it and it is also supported by Yasonna Laoly, Minister of Justice and Human Rights of Indonesia, with the consideration that the regulations stipulated by PKPU contradict Law No. 7 of 2017 which states that ex-convicts are considered to have the same political rights as other citizens, a right guaranteed by the constitution. This study employs political contestation theory that explains the actions or processes that are disputed, for example ideological contestation on social policy, as well as political electoral theory that explains a system for making political decisions in which individuals gain the power to decide through competitive over people’s voices.

Zainichi (Korean Residents in Japan)

2018 ◽  
Author(s):  
Kiyoteru Tsutsui
Keyword(s):  
Human Rights ◽  
Korean Peninsula ◽  
International Norms ◽  
Japanese Government ◽  
Political Rights ◽  
Citizenship Rights ◽  
Colonial Era ◽  
History Of

This chapter examines the complicated history of Zainichi, Korean residents in Japan, who came to Japan during the colonial era. After 1945, Zainichi lost all citizenship rights and had to fight for many rights, but the division in the Korean peninsula cast a shadow over Zainichi communities, hampering effective activism for more rights in Japan. Focusing on the issue of fingerprinting—the most salient example of rights violations against Zainichi—the chapter demonstrates how, since the late 1970s, global human rights principles have enabled Zainichi to recast their movement as claims for universal rights regardless of citizenship and to use international forums to pressure the Japanese government, leading to the abolition of the fingerprinting practice. Zainichi achieved similar successes in other areas of rights except for political rights, where international norms do not clearly support suffrage for noncitizens. Zainichi also contributed to global human rights by advancing rights for noncitizen minorities.

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.

Women’s Participation in the Public Domain Under Human Rights Law: Towards a Participatory Equality Paradigm Shift

2018 ◽  
Author(s):  
Ruth Rubio-Marín
Keyword(s):  
Human Rights ◽  
Gender Quotas ◽  
Political Rights ◽  
Human Rights Law ◽  
Private Governance ◽  
Public And Private ◽  
Full Diversity ◽  
Women's Participation ◽  
Indigenous Groups ◽  
Participation Of Women

This chapter explores how human rights law has contributed to the shift towards participatory gender equality by legitimating the adoption of quotas and parity mechanisms to ensure women’s equal participation in decision-making. Since the adoption of CEDAW, human rights law has moved away from formal equality notions that simply affirm women’s equal political rights. Instead, we see growing endorsement of substantive equality doctrines that validate the adoption of gender quotas, initially as temporary special measures to ensure women equal opportunities, and, more recently, as permanent measures targeting the gender-balanced composition of an ever-expanding range of public and private governance bodies. The chapter explores how human rights law connects this participatory turn to issues of pluralism, calling attention to the need for public bodies to represent the full diversity of the population, and calling on state parties to increase the participation of women from ethnic minorities, indigenous groups, and religious minorities.

Remarks by Bert Lockwood

1973 ◽  
Vol 67 (5) ◽  
pp. 82-86
Author(s):  
Bert Lockwood ◽  
Beatrice Brickell
Keyword(s):  
United States ◽  
Human Rights ◽  
Political Process ◽  
The United States ◽  
International Justice ◽  
The Political ◽  
Political Rights ◽  
Southern Rhodesia

I would like to address myself to international outlaws and what domestic procedures are available to arrest their activities. While at first glance the nexus between domestic justice and international justice may seem tenuous, I wonder: Is it surprising that the same administration that is so insensate over the deprivation of the human rights of blacks in Southern Rhodesia is the same administration that proclaimed early in its tenure that if you have seen one slum you have pretty much seen them all, and hasn’t visited another since? Is it surprising that the same administration that evidences so little concern over the political rights of the majority in Rhodesia is the same administration that “bugs” and sabotages the political process within the United States?

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.

ACCIDENT AND DESIGN: RECOGNISING VICTIMS OF AGGRESSION IN INTERNATIONAL LAW

2021 ◽  
Vol 70 (1) ◽  
pp. 103-132
Author(s):  
Shane Darcy
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Future Application ◽  
Political Rights ◽  
Recent Developments ◽  
Civil And Political Rights

AbstractInternational law has not traditionally recognised individuals as victims of the crime of aggression. Recent developments may precipitate a departure from this approach. The activation of the jurisdiction of the International Criminal Court over the crime of aggression opens the way for the future application of the Court's regime of victim participation and reparation in the context of prosecutions for this crime. The determination by the United Nations Human Rights Committee in General Comment No. 36 that any deprivation of life resulting from an act of aggression violates Article 6 of the International Covenant on Civil and Political Rights serves to recognise a previously overlooked class of victims. This article explores these recent developments, by discussing their background, meaning and implications for international law and the rights of victims.

The Right to Enter One’s Own Country: The Conflict between the Jurisprudence of the Human Rights Committee and the Travaux Préparatoires of Article 12(4) of the iccpr

2021 ◽  
Vol 10 (1) ◽  
pp. 75-123
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Political Rights ◽  
Civil And Political Rights ◽  
The Right

Abstract Article 12(4) of the International Covenant on Civil and Political Rights (iccpr) provides that ‘[n]o one shall be arbitrarily deprived of the right to enter his own country.’ The jurisprudence of the Human Rights Committee shows that Committee members have often disagreed on the question of whether the right under Article 12(4) is reserved for citizens only or it can be claimed by non-citizens who consider the countries in which they were born or they have lived for longer periods as their own. In its earlier case law, the Committee held that Article 12(4) is applicable to nationals only. Since 1999, when General Comment No.27 was adopted, the Committee has moved towards extending the right under Article 12(4) to non-nationals. Its latest case law appears to have supported the Committee’s position that Article 12(4) is applicable to non-nationals. Central to both majority and minority decisions in which the Committee has dealt with Article 12(4), is whether the travaux préparatoires of Article 12(4) support either view. This article relies on the travaux préparatoires of Article 12(4) to argue that it does not support the view that Article 12(4) is applicable to non-nationals.

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