scholarly journals Pembatasan Kebebasan Beragama dalam Darurat Kesehatan Virus Korona di Indonesia: Perspektif HAM dan Islam

Media Iuris ◽  
2021 ◽  
Vol 4 (3) ◽  
pp. 289
Author(s):  
Adam Muhshi ◽  
Radian Salman
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Point Of View ◽  
Religious Activities ◽  
Indonesian Government ◽  
Corona Virus ◽  
The Government

AbstractThis paper will examine the restrictions imposed by the Indonesian government on religious activities carried out together in places of worship during the covid-19 pandemic. These restrictions in recent times have even reached the level of closing places of worship. This restriction was carried out by the government with the aim of preventing the spread of the corona virus. However, in practice, the level of citizen compliance with these restrictions is still relatively low. The question that then arises is whether restrictions on religious activities carried out together in places of worship during a pandemic (health emergency) can be justified juridically. Departing from this problem, this article will try to analyze whether or not restrictions on religious activities are correct from the point of view of human rights and Islam. The answer to this question shows that the limitation of religious activities carried out jointly in places of worship in a health emergency finds its justification both in the perspective of human rights and in the perspective of Islamic law.Keywords: Restrictions on Religious Freedom; Corona Virus; health emergency; Human rights; Islam.AbstrakPaper ini akan mengkaji pembatasan yang dilakukan pemerintah Indonesia terhadap kegiatan keagamaan yang dilaksanakan secara bersama-sama di tempat ibadah pada masa pandemi covid-19. Pembatasan tersebut dalam beberapa waktu terakhir bahkan sampai pada level penutupan tempat ibadah. Pembatasan tersebut dilakukan oleh Pemerintah dengan tujuan untuk mencegah semakin meluasnya penularan virus korona. Namun dalam prakteknya, tingkat kepatuhan warga terhadap pembatasan tersebut masih relatif rendah. Pertanyaan yang kemudian muncul adalah apakah pembatasan terhadap kegiatan kegamaan yang dilakukan secara bersama-sama di tempat ibadah pada masa pandemi (darurat kesehatan) dapat dibenarkan secara yuridis. Berangkat dari persoalan tersebut, artikel ini akan mencoba untuk menganalisis tentang benar tidaknya pembatasan terhadap kegiatan keagamaan dalam sudut pandang HAM dan Islam. Jawaban terhadap persoalan tersebut menunjukkan bahwa pembatasan kegiatan kegamaan yang dilakukan secara bersama-sama di tempat ibadah dalam kondisi darurat kesehatan menemukan justifikasinya baik dalam perspektif HAM maupun dalam perspektif hukum Islam.Kata Kunci: Pembatasan Kebebasan Beragama; Virus Korona; Darurat Kesehatan; HAM; Islam.

scholarly journals Kajian Terhadap Hak atas Kebebasan Beragama dan Berkeyakinan serta Hak atas Pekerjaan

2019 ◽  
Vol 3 (1) ◽  
pp. 53
Author(s):  
Duwi Handoko
Keyword(s):  
Human Rights ◽  
Free Will ◽  
Religious Freedom ◽  
Legal Research ◽  
Indonesian Government ◽  
Right To Work ◽  
The Government ◽  
The Right

The purpose of this study is to analyze the freedom to embrace religion and belief and fulfill the right to work in Indonesia. This type of research is normative legal research specifically discussing human rights in the field of religion and work. Regulation on the role and sanction for the government in the context of guaranteeing religious freedom, especially for Muslims, is very important. One form of legal vacuum in the regulation of religious freedom in Indonesia is in the context of the release of someone from Islam who aims to save humanity (of course also for other religions in Indonesia) and embrace other religions of his own free will. Regulations regarding the role and sanctions for the government in the context of guaranteed rights to obtain decent jobs, especially at productive age, are very important. Technically, it is clearly impossible for employers to recruit workers if there are no jobs in accordance with the capacity of the company's needs. From this, it can be said that the fulfillment of the right to work has a correlation with other types of rights so that a worker can have competence. The amount of unemployment that cannot be reduced by the Indonesian government and discriminatory treatment is a form of violation of the right to work.

scholarly journals Prediction System for the Spread of Corona Virus in Central Java with K-Nearest Neighbor (KNN) Method

2021 ◽  
Vol 2 (3) ◽  
pp. 80-85
Author(s):  
Farid Fitriyadi ◽  
Muqorobin Muqorobin
Keyword(s):  
Nearest Neighbor ◽  
Current Data ◽  
Problem Analysis ◽  
Prediction System ◽  
K Nearest Neighbor ◽  
Religious Activities ◽  
Literature Study ◽  
Central Java ◽  
Corona Virus ◽  
The Government

Abstract—Corona Virus is currently spreading very rapidly in many parts of Indonesia, including Central Java Province. According to the current data of corona database in Central Java, today on 17th of August 2021, the number of confirmed cases is; Confirmed in Treatment (Active Cases): 16.344, Confirmed Recovered: 408.697, and Confirmed Dead: 29.148. Therefore, the total number of cases is 454.189, obtained from the sum of the number of being treated, recovered, and dead. Corona Virus is a collection of viruses that can infect the respiratory system, generally mild, such as common cold, although, some forms of diseases like; SARS, MERS, and COVID-19 are more deadly. In anticipating this case, the government has created some policies which include; limiting activities outside the house, having school activities done from home, working from home, and even having religious activities done from home too. The purpose of this study was to predict the possible rate of new cases in one of Central Java areas with confirmed cases of corona virus. Thus, it can be used as information material for the public to anticipate early. The research method applied in this research is problem analysis and literature study, data collection and implementation. The application of the K-Nearest Neighbor (KNN) method is expected to be able to predict the level of spread of COVID-19 in Central Java. The results of the research on testing the prediction system for the new cases level were tested in the Sragen area. Testing is carried out by taking samples for new cases, namely Kudu Regency/City, Confirmed: 17,599, Treated: 89, Recovered: 18,303, Died: 1,721, Suspected: 87 and Discarded Suspected: 1,711. After doing the prediction with K-NN algorithm, it showed the Condition: High.

scholarly journals HAK NARAPIDANA DALAM SISTEM PEMASYARAKATAN DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA

2018 ◽  
Author(s):  
Fransiska Novita Eleanora
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Point Of View ◽  
Human Being ◽  
System P ◽  
Correctional System ◽  
A Priority ◽  
The Government

Prisoners are persons who undergoing punishment for committed crimes. According to the verdict, a criminal shall be sentenced in prison. However, the rights of the prisoners are protected by the correctional system, and keep them as human being as a whole. They are rehabilitated, guided, and nurtured which the aims is to make them back to community after the sentencing is finished. From the point of view of human rights, are correctional system was made to protect the rights of criminal, where the criminal remains a priority for the government within the criminal justice system.

scholarly journals Analisis Yuridis Pengaturan Sanksi Bagi Penolak Vaksinasi Covid-19

2021 ◽  
Vol 5 (3) ◽  
Author(s):  
Yulia Emma Sigalingging ◽  
Aris Prio Agus Santoso
Keyword(s):  
Human Rights ◽  
Data Collection ◽  
Social Security ◽  
Research Method ◽  
Point Of View ◽  
Vaccination Program ◽  
Individual Freedom ◽  
Administrative Services ◽  
The Government ◽  
The Right

Referring to Article 28H paragraph (1) of the 1945 Constitution, the Government has tried to ensure the health of its citizens through the Covid-19 Vaccination program, but there are still people who refuse to be given the Covid-19 vaccination, and this has become a pro and con in the community. The formulation of the problem in this study is how to set sanctions for refusal of Covid-19 vaccination and how the right to refuse the Covid-19 vaccination is viewed from the point of view of Human Rights. This research method uses a normative juridical approach, with data collection from literature studies. The data obtained were analyzed qualitatively. Based on the results of the study, it was found that the sanctions for refusing the Covid-19 vaccine were in the form of imprisonment of 6 months to 1 year in prison or a fine of Rp. 500,000 - Rp. 1,000,000. In addition, there are sanctions in the form of delaying or discontinuing the provision of social security or social assistance, delaying or discontinuing government administrative services, and fines. In fact, refusing to be vaccinated against Covid-19 is a form of individual freedom that cannot be forced with all considerations to express his aspirations regarding the risks and consequences to his body. Where this should be respected by the Government as stated in Article 28J Paragraph (1) of the 1945 Constitution

scholarly journals The Impact of Covid-19 on the Development of Various Business Sectors

2021 ◽  
Vol 2 (4) ◽  
pp. 319-326
Author(s):  
Sunarmin Sunarmin ◽  
Ahmad Junaidi ◽  
Endah Fantini
Keyword(s):  
Public Transportation ◽  
Large Scale ◽  
Small And Medium Enterprises ◽  
Virus Disease ◽  
Religious Activities ◽  
Business World ◽  
Corona Virus ◽  
The Government ◽  
Business Entities ◽  
The Impact

Outbreaks of the new corona virus or Corona Virus Disease 2019 (Covid-19) are increasingly felt in the domestic economy, especially in terms of consumption, corporate, financial sector, and Micro, Small and Medium Enterprises (MSMEs). The existence of Large-Scale Social Restrictions (PSBB) that has been declared by the government most of the activities involving the public are restricted, such as offices or offices that are closed, restrictions on religious activities and restrictions on public transportation. The business world has not been separated from the shadows of the Corona Covid-19 pandemic. Instead of diminishing, some countries have confirmed that they will experience a second wave of pandemic that began in Wuhan, China. The purpose of this study is to find out whether the impact of Covid-19 will have a widespread effect on business entities and the sustainability of business entities. This research is a descriptive study, using the literature method where research is conducted by studying and collecting data from libraries related to tools, both in the form of journals and scientific studies of research that has been published in public journals. The results of the study concluded that the impact on Covid-19 had a significant influence on the development of the business world. The biggest influences occur in the mall/supermarket, hospitality, manufacturing and various businesses related to the use of mass labor. In this study, not many scientific writers have focused on examining the impact of this 19 on the business world in general. Although the fact in the field of influence of Covid-19 is clearly seen the fact in the life of the wider community due to many businesses limit / lay off and even deduct workers' income from the value of income received.

Offensive Speech, Religion, and the Limits of the Law

2021 ◽  
Author(s):  
Nicholas Hatzis
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Public Discourse ◽  
Ethical Life ◽  
Religious Minorities ◽  
Self Reflection ◽  
The Government ◽  
The Right ◽  
Strong Claim ◽  
Offensive Speech

Is the government ever justified in restricting offensive speech? This question has become particularly important in relation to communications which offend the religious sensibilities of listeners. It is often argued that insulting a person’s beliefs is tantamount to disrespecting the believer; that insults are a form of hatred or intolerance; that the right to religious freedom includes a more specific right not to be insulted in one’s beliefs; that religious minorities have a particularly strong claim to be protected from offence; and that censorship of offensive speech is necessary for the prevention of social disorder and violence. None of those arguments is convincing. Offence is an unpleasant mental state caused when our expectations of being treated in a particular way are frustrated. Drawing on law and philosophy, the book argues that there is no moral right to be protected from offence and that, while freedom of religion is an important right which grounds negative and positive obligations for the state, it is unpersuasive to interpret constitutional and human rights provisions as including a right not to be caused offence. Rather, we have good reasons to think of public discourse as a space for the expression of all viewpoints about the ethical life, including those which some listeners will find offensive, as this is necessary to sustain a society’s capacity for self-reflection and change.

Congratulations to the participants of the conference from Vice Prime Minister of Ukraine V. Smolia

1998 ◽  
pp. 47
Author(s):  
V. Smoliy
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Prime Minister ◽  
50Th Anniversary ◽  
Universal Declaration ◽  
The Government ◽  
Practical Conference

On behalf of the Government of Ukraine, I congratulate you on the start of the International Scientific and Practical Conference "Religious Freedom in Ukraine in the Context of International Legal Experience" devoted to the 50th anniversary of the Universal Declaration of the UN Human Rights.

Lift High the Cross? An American Perspective on Lautsi v Italy

2011 ◽  
Vol 13 (3) ◽  
pp. 341-343
Author(s):  
John Witte
Keyword(s):  
Human Rights ◽  
School Children ◽  
Religious Freedom ◽  
European Convention ◽  
State School ◽  
American Perspective ◽  
Secular Education ◽  
European Court ◽  
The Government ◽  
Grand Chamber

The European Court of Human Rights has upheld Italy's policy of displaying crucifixes in its public school classrooms. In Lautsi v Italy, an atheist mother of two state school children challenged this policy, in place since 1924. After losing in the Italian courts, she appealed to the European Court of Human Rights, arguing that the presence of these crucifixes in schools violated her and her children's rights to religious freedom and to a secular education guaranteed by the European Convention on Human Rights. On 3 November 2009, a unanimous seven-judge chamber of the European Court held for Ms Lautsi. On 18 March 2011, the Grand Chamber reversed this decision and held 15 to 2 in favour of the Government of Italy.

scholarly journals Religious Freedom in the Time of the Pandemic

Religions ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 103
Author(s):  
Piotr Mazurkiewicz
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Religious Freedom ◽  
State Intervention ◽  
Point Of View ◽  
Religious Communities ◽  
Religious Perspectives ◽  
The Subject ◽  
The Difference ◽  
Restrictive Policy

The subject of the paper is the issue of restrictions on religious freedom during the COVID-19 pandemic imposed by European countries. The period under examination covers the interval from March to December 2020. The issue is analyzed from the point of view of respecting human rights in a situation of conflict between the values of public health and religious freedom. In this context, the perception of importance and urgency regarding the values that should be protected and the concept of “essential goods”, which are understood differently in secular and religious perspectives, are of particular importance. Another essential issue is not only the scope but also the “depth” of state intervention in the life of religious communities. In Europe, there was a wide variety of national approaches to restricting religious freedom in order to ensure public health. Some of them pursued a very restrictive policy in this area, others moderate, and others very soft. One also could observe the difference in decisions made by most countries during the first and the second waves of the pandemic. A significant element enabling a possible evaluation of the applied solutions is the matter of their duration. Are the introduced limitations only temporary, implemented due to the extraordinary situation, or should they be view as a part of a “radical political experiment”, as a result of which the very understanding of religious freedom and its place in the hierarchy of human rights will change. The arguments of a philosophical, theological, legal and sociological nature are analyzed issuing methods appropriate to each of these disciplines.

scholarly journals Fiqh Pandemi: Tinjauan Kritis terhadap PP No. 21 Tahun 2020 tentang PSBB dengan Pendekatan Sadd al-Dhari’ah

AKADEMIKA ◽  
2020 ◽  
Vol 14 (02) ◽  
Author(s):  
Ja'far Shodiq ◽  
Muh. Mahrus Ali Ridho ◽  
Mufidul Abror
Keyword(s):  
Human Rights ◽  
Social Interaction ◽  
Government Regulation ◽  
Regional Level ◽  
The Other ◽  
Legal Principles ◽  
Other Hand ◽  
Corona Virus ◽  
The Social ◽  
The Government

Presiden Indonesia memulai mengadakan pembatasan interaksi sosial mulai dari tingkat dasar sampai regional untuk mencegah penyebaran virus Corona di bebrapa wilayah Indonesia. Virus Corona adalah virus yang membahayakan dan pembatasan ini sangat penting sekali apalagi di wilayah-wilayah yang masyarakatnya tidak bisa diatur dan tidak memungkinkan untuk mencegah meluasnya virus tersebut di wilayah-wilayah itu. Karena virus Corona telah memakan korban lebih dari seribu orang. Data korban ini tertanggal 28 Maret 2020. Pembahasan Ini dianggap sebagai bagian dari pembelajaran normatif yg konseptual. Sedangkan tema dari pembahasan ini adalah; Regulasi tentang Penerapan Pembatasan interaksi sosial. Sasaran dari pembelajaran ini adalah; 1. Pengetahuan tentang kaidah-kaidah hukum di Indonesia yang mengatur tentang pembatasan interaksi sosial mulai dari tingkat lokal sampai regional. 2.Pengetahuan tentang pembatasan interaksi sosial ditunjumau dari sisi pemutusan mata rantai virus. Sedangkan hasil dari pembahasan ini adalah; 1. Regulasi yang dipakai presiden untuk pembatasan interaksi sosial pada peraturan pemerintah nomor 21 tahun 2020. Seperti pada ayat 1 pasal 4 yang didalamnya mencantumkan larangan bepergian ke sekolahan untuk belajar dan larangan bepergian ke tempat kerja untuk bekerja yang hal ini termasuk bagian dari pembatasan terhadap hak-hak kemanusiaan, 2. Pembatasan ini dinilai  menjadi wasilah untuk menjaga nyawa masyarakat Indonesia namun di sisi lain mencabut pembatasan ini hukumnya wajib.The President of Indonesia began to implement social restrictions ranging from local to regional level to prevent the spread of the Corona virus in several parts of Indonesia. The Corona virus is a dangerous one and these restrictions are very important, especially in areas where the community cannot be controlled and it is not possible to prevent the spread of the virus in these areas. Moreover the Corona virus has killed more than a thousand people. The Corona deaths data is dated March 28, 2020. This study is considered as part of conceptual normative one. While the theme of this study is the Regulation on the implementation of social interaction restrictions. The objectives of this study are; 1. the understanding of legal principles in Indonesia that regulate the social interaction restrictions from local to regional levels. 2. the understanding of social interaction restrictions viewed from the breaking of the chains of infection. While the results of this study are; 1. The regulation used by the president to implement social interaction restrictions are the government regulation number 21, 2020. As in paragraph 1, article 4, which includes the prohibition on going to school and traveling to work which is part of the restrictions on human rights, 2. These restrictions are considered to be a means of protecting the lives of the Indonesian people but on the other hand lifting the restrictions is obligatory.

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