scholarly journals PENGATURAN TENTANG HAK ASASI MANUSIA BERDASARKAN UNDANG-UNDANG DASAR 1945 SEBELUM DAN SETELAH AMANDEMEN

2013 ◽  
Vol 8 (2) ◽  
Author(s):  
Tenang Haryanto ◽  
Johannes Suhardjana ◽  
A. Komari A. Komari ◽  
Muhammad Fauzan ◽  
Manunggal Kusuma Wardaya
Keyword(s):  
Human Right ◽  
Absolute Power ◽  
New Material ◽  
The Absolute ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
The Right

The end of the government of Orde Baru that tends to be more authoritharian has emerged the transformation almost in all government hierarchy. The most important transformation is in the material contains or substantive of 1945 constitution, whether material that has been erased, revised or new material. Material contain of the 1945 constitution is the result of the amendment such as the Human Right.  The regulation about human right before amendment 1945 constitution regulated as right and duty of the republic citizen in Indonesia that contains the values of human right and regulated in the article 27 to article 34. The regulation of human right after amendment of 1945 constitution regulated in article 28A to 28J.  The regulation about the human right based on the Law Number 39 Year 1999 concerning the Human Right. It explain there is no right in Indonesia that has the absolute power and unlimited. Human Right is not the right that has the absolute characteristic. In the implementation, its limited by the right, morale, security and order of other people. Because of that,  in the human right also known the existence of human right duty. Moreover, the implementation of the human right has been regulated in the 1945 Constitution. Kata Kunci : Hak Asasi manusia, Amandemen UUD 1945

scholarly journals KLAUSUL KUASA MUTLAK DALAM AKTA JUAL BELI TANAH DI KOTA PALOPO

2020 ◽  
Vol 2 (1) ◽  
pp. 142
Author(s):  
Ashar Sinilele
Keyword(s):  
Data Collection ◽  
Civil Code ◽  
Power Of Attorney ◽  
Absolute Power ◽  
The Absolute ◽  
The Law ◽  
The Right

AbstractBased on the provisions of Article 1813 of the Civil Code which states that the granting of power ends with the withdrawal of the power of attorney, if it is associated with the clause granting the power of attorney in a binding purchase agreement which is an absolute power or that can’t be revoked, then it is clear that the clause is contrary to existing laws. This is also explained in Article 1814 of the Civil Code regarding the existence of the right of the grantor to withdraw his power of attorney if desired. Thus the absolute power clause is a deviation from the law. Based on the Instruction of the Minister of Home Affairs Number 14 of 1982, it is also clear that this violates regulations which are still in force. That absolute clausal agreements as applied a lot is a form of contradiction in the law so that it should need to be revised. For data collection this research was carried out at the Palopo City Notary Office regarding the land purchase agreement as regulated in the Civil Code.Keywords: Deed, Buy and Sell, Absolute Power of Attorney.AbstrakBerdasarkan ketentuan Pasal 1813 KUH-Perdata yang menyebutkan bahwa pemberian kuasa berakhir dengan ditariknya kembali kuasa penerima kuasa, jika dikaitkan dengan klausul pemberian kuasa pada perjanjian pengikatan jual beli yang merupakan kuasa mutlak atau kuasa yang tidak dapat dicabut kembali, maka jelas bahwa klausul tersebut bertentangan dengan undang-undang yang ada. Hal ini juga dijelaskan pada Pasal 1814 KUH-Perdata tentang adanya hak dari pemberi kuasa dapat menarik kembali kuasanya manakala dikehendaki. Dengan demikian klausul kuasa mutlak merupakan penyimpangan dari undang-undang. Berdasarkan Instruksi Menteri Dalam Negeri Nomor 14 Tahun 1982, jelas juga hal tersebut melanggar peraturan yang sampai saat ini masih berlaku. Bahwa perjanjian clausul mutlak sebagaimana banyak diterapkan merupakan suatu bentuk pertantangan di dalam undang-undang sehingga hal tersebut seharusnya perlu mendapat revisi. Untuk pengambilan data penelitian ini dilakukan di kantor Notaris Kota Palopo yang berkenaan tentang perjanjian jual-beli tanah sebagaimana yang diatur dalam KUH-Perdata.Kata Kunci : Akta, Jual Beli, Kuasa Mutlak.

scholarly journals TRANSFER OF UNDERTAKINGS PROTECTION OF EMPLOYMENT (TUPE) DALAM PERJANJIAN OUTSOURCING

Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 335
Author(s):  
Muhammad Johar Fathoni
Keyword(s):  
Service Provider ◽  
Court Decision ◽  
Constitutional Court ◽  
Employment Service ◽  
Labor Agreement ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
The Right

Transfer of Undertaking Protection of Employment Based on Constitutional Court Decision Number 27/PUU-IX/2011, there are two models that must be fulfilled in outsourcing agreement, that is First, by requiring for agreement between worker and company conducting work outsourcing does not take the form of a certain time labor agreement (PKWT), but is in the form of an indefinite time agreement (PKWTT). The consequences of termination of contract for the Employment Service Provider who laid off his employees for the law, the employer shall be entitled to grant the right to his employees in accordance with the Manpower Act, Kepmenaker No. Kep. 150/Men/2000 on the Settlement of Termination of Employment and Stipulation of Severance, Money of Work and Indemnification. Then the government also stipulates the Decree of the Minister of Manpower and Transmigration of the Republic of Indonesia no. Kep. 76/Men/2001 on Amendment to several articles of Minister of Manpower Decree no. Kep. 150 / Men / 2000 on the Settlement of Termination of Employment and Stipulation of Severance, Money of Work and Indemnification at the Company.

scholarly journals Justification of the Citizens’ Right of Access to Public Passenger Transport Services by the Human Rights to Mobility and Equality Before the Law

2021 ◽  
Vol 19 (1) ◽  
pp. 149174
Author(s):  
Branko Korže ◽  
Ivana Tucak
Keyword(s):  
Human Rights ◽  
Social Ethics ◽  
Passenger Transport ◽  
Human Right ◽  
Transport Services ◽  
The Law ◽  
Principles Of Justice ◽  
The Republic ◽  
The Right ◽  
Right Of Access

As opposed to authors who strive to justify the right of access to public passenger transport services of citizens predominantly on the principles of justice deriving from social ethics, the authors of this article justify the right of such access on the human rights to mobility and equality before the law, as the rights based on international legal acts, whereas the principles of fairness are used to upgrade the human right to equality and prohibition of discrimination. Based on the rights to mobility and equality before the law, the authors justify an obligation of democratic states to introduce a law to provide for people an adequate access to public passenger transport services at the interurban and urban level. The theoretical findings established herein will serve as a basis to evaluate legal regulations in the selected states (the Republic of Slovenia and the Republic of Croatia), and create proposals to change the same.

scholarly journals DEMOCRATIZAÇÃO DO DIREITO À EDUCAÇÃO BÁSICA NO BRASIL: algumas ponderações

2021 ◽  
Vol 28 (1) ◽  
pp. 33
Author(s):  
Cristiane Machado ◽  
Edson Francisco de Andrade
Keyword(s):  
Basic Education ◽  
Compulsory Education ◽  
Human Right ◽  
Right To Education ◽  
Legal Provisions ◽  
The Law ◽  
Sociedad Civil ◽  
The Government ◽  
The Right ◽  
Education In Brazil

O presente artigo tem como objetivo analisar as injunções da legislação educacional no movimento de democratização do direito à educação no Brasil. À luz da literatura da área, concebe-se a democracia e a ação colaborativa como fundamentos basilares tanto à garantia de direitos aos cidadãos, quanto à efetivação de incumbências por parte do Poder Público. Aborda-se, inicialmente, o advento da educação básica como nova configuração organizativa das etapas e modalidades de ensino obrigatórias no país. Em seguida, analisa-se os dispositivos legais que modificam, especificamente, o Título III da Lei de Diretrizes e Bases da Educação Nacional – LDBEN, nº 9.394/1996, Do Direito à Educação e Do Dever de Educar. Os resultados do estudo reconhecem a expansão e diversificação da oferta da educação básica como construto favorável à garantia do direito à educação. Foi possível também inferir que a delimitação da obrigatoriedade e da gratuidade do ensino, ao período dos 04 aos 17 anos de idade, conforme consta na letra da lei, ao mesmo tempo em que estabelece o interstício ideal para a efetivação Do Direito à Educação, também oferece margem interpretativa para eventual flexibilização Do Dever de Educar por parte do Poder Público. Com efeito, a defesa da educação como direito humano fundamental, além de demandar o cumprimento da incumbência Estatal, constitui, sobremaneira, corresponsabilidade a ser protagonizada pela sociedade civil organizada.Palavras-chave: LDBEN/1996; Direito à educação; Dever de educar; Democratização do ensinoDEMOCRATIZATION OF THE RIGHT TO BASIC EDUCATION IN BRAZIL: some considerationsAbstractThis article aims to analyze the injunctions of educational legislation in the movement to democratize the right to education in Brazil. In the light of the literature in the area, democracy and collaborative action are conceived as basic foundations both in guaranteeing citizens' rights and in carrying out tasks on the part of the government. Initially, the advent of basic education is approached as a new organizational configuration of the stages and modalities of compulsory education in the country. Then, the legal provisions that specifically modify Title III of the Law of Directives and Bases of Education are analyzed National - LDBEN, nº 9.394 / 1996, From the Right to Education and the Duty to Educate. The results of the study recognize the expansion and diversification of the offer of basic education as a construct favorable to guaranteeing the right to education. It was also possible to infer that the delimitation of mandatory and free education, from 4 to 17 years of age, as stated in the letter of the law, while establishing the ideal interstice for the realization of the Right to Education, also it offers an interpretive margin for eventual flexibility of the Duty to Educate by the Public Power. Indeed, the defense of education as a fundamental human right, in addition to demanding compliance with the State's mandate, is, above all, co-responsibility to be played by organized civil society.Keywords: LDBEN / 1996; Right to education; Duty to educate; Democratization of educationDEMOCRATIZACIÓN DEL DERECHO A LA EDUCACIÓN BÁSICA EN BRASIL: algunas consideracionesResumen Este artículo tiene como objetivo analizar los mandatos de la legislación educativa en el movimiento para democratizar el derecho a la educación en Brasil. A la luz de la literatura en el área, la democracia y la acción colaborativa se conciben como pilares básicos tanto en la garantía de los derechos ciudadanos como en el desempeño de las tareas de gobierno. Inicialmente se aborda el advenimiento de la educación básica como una nueva configuración organizativa de las etapas y modalidades de la educación obligatoria en el país, luego se analizan las disposiciones legales que modifican específicamente el Título III de la Ley de Directrices y Bases de la Educación. Nacional - LDBEN, nº 9.394 / 1996, Del derecho a la educación y el deber de educar. Los resultados del estudio reconocen la expansión y diversificación de la oferta de educación básica como un constructo favorable para garantizar el derecho a la educación. También se pudo inferir que la delimitación de la educación obligatoria y gratuita, de los 4 a los 17 años, como se establece en la letra de la ley, al tiempo que se establece el intersticio ideal para la realización del Derecho a la Educación, también ofrece un margen interpretativo para una eventual flexibilización del Deber de Educar por parte del Poder Público. En efecto, la defensa de la educación como derecho humano fundamental, además de exigir el cumplimiento del mandato del Estado, es, ante todo, una corresponsabilidad de la sociedad civil organizada.Palabras clave: LDBEN / 1996; Derecho a la educación; Deber de educar; Democratización de la educación

scholarly journals PROSPEK PERLINDUNGAN PENYANDANG DISABILITAS TERHADAP PERILAKU DISKRIMINATIF DI KOTA SEMARANG*

2015 ◽  
Vol 44 (3) ◽  
pp. 253
Author(s):  
Lita Tyesta ALW
Keyword(s):  
Equal Treatment ◽  
Specific Reference ◽  
Conceptual Approach ◽  
Persons With Disabilities ◽  
Discriminatory Behavior ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
The Right ◽  
To Receive

This research aims to determine the prospects of persons with disabilities protection against discriminatory behavior in Semarang. The research method is normative using the laws approach (statutory approach), and the conceptual approach (conceptual approach). Results of the study found that the government of Semarang have prospects in providing protection and fulfillment of the rights of persons with disabilitas of discriminatory behavior. Constitution of the Republic of Indonesia Act1945 does not set a specific reference on Disability, but set firmly and clearly regarding non- discrimination, equality before the law, and the right to receive equal treatment before the law throughout Indonesia.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

Electronic Communication in the Paradigm of Interaction of State and Society

2020 ◽  
pp. 11-17
Keyword(s):  
Electronic Communication ◽  
Legal Regulation ◽  
Digital Environment ◽  
Active Involvement ◽  
Communication Law ◽  
State And Society ◽  
Legal Communication ◽  
The Republic ◽  
The Government ◽  
The Right

In recent decades, the phenomenon of mass electronic communication has been studied by various sciences. The right also turned out to be included in a similar discourse. Communication in the digital environment is the reason for the interaction of previously distant segments of society. In modern law, the concept of electronic communication remains in a certain sense debatable, it is often identified with legal communication. At the same time, electronic communication has an additional «dimension». The globalization of the information space encourages legal scholars to study electronic communication as the action and interaction of various actors, based on Internet technologies using web services, portals, blogs, websites, social networks. There is a need for re- levant legal regulation of the informational interaction between the authorities and society in the Republic of Belarus, in connection with which a new «field» is opening up for activities in various areas of law. The meaning of electronic communication is constantly expanding and, depending on the specialization, even varies. For an adequate understanding of electronic communication, law must take into account the tools of other humanities. In contact with the digital environment, legal science is called upon to reformat research tasks to explain the new empirical and theoretical experience associated with the transformation of the paradigm of interaction between the state and society in the network structures. The author comprehends these issues in relation to the conditions of development of e-government in the Republic of Belarus and the need for more active involvement of the public in the government.

Sedition in Liberal Democracies

2018 ◽  
Author(s):  
Anushka Singh
Keyword(s):  
Freedom Of Expression ◽  
Legal Protection ◽  
Community Based ◽  
Political Speech ◽  
Liberal Democracies ◽  
Indian Experience ◽  
Judicial Discourse ◽  
The Law ◽  
The Government ◽  
The Right

Liberal democracies claim to give constitutional and legal protection of varying degrees to the right to free speech of which political speech and the right to dissent are extensions. Within the right to freedom of expression, however, some category of speeches do not enjoy protection as they are believed to be ‘injurious’ to society. One such unprotected form of political speech is sedition which is criminalized for the repercussions it may have on the authority of the government and the state. The cases registered in India in recent months under the law against sedition show that the law in its wide and diverse deployment was used against agitators in a community-based pro-reservation movement, a group of university students for their alleged ‘anti-national’ statements, anti-liquor activists, to name a few. Set against its contemporary use, this book has used sedition as a lens to probe the fate of political speech in liberal democracies. The work is done in a comparative framework keeping the Indian experience as its focus, bringing in inferences from England, USA, and Australia to intervene and contribute to the debates on the concept of sedition within liberal democracies at large. On the basis of an analytical enquiry into the judicial discourse around sedition, the text of the sedition laws, their political uses, their quotidian existence, and their entanglement with the counter-terror legislations, the book theorizes upon the life of the law within liberal democracies.

TYPES OF OVERWORK AND JOBS THAT CANNOT BE OVERWORKED WITHIN THE FRAMEWORK OF THE LABOR LAW NO. 4857

2021 ◽  
Vol 6 (14) ◽  
pp. 67-81
Author(s):  
Altuğ YENGİNAR
Keyword(s):  
Labor Law ◽  
Working Hours ◽  
Human Right ◽  
International Human Rights ◽  
Right To Work ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Almost All ◽  
Republic Of Turkey

The right to work has been recognized as a fundamental human right in almost all international human rights documents and in the constitutions of many countries. This right has been recognized and guaranteed as a fundamental human right also in the Constitution of the Republic of Turkey. However, not only recognizing and guaranteeing "work" as a fundamental human right but also regulating its implementation and functioning within the framework of laws is of great importance. The concept of overwork is a concept that has been mentioned in the Labor Law regarding the implementation and functioning of the concept of work and it is regulated in our Labor Law No. 4857. In order to talk about overwork, a limited working time is required. In this context, upon determining the maximum number of hours a worker can work per week by drawing a limit on working hours in Labor Law No. 4857, overwork, which is the subject of work exceeding this period, is defined. Furthermore, the types of overwork that arise depending on the reasons for overworking, as well as the jobs that cannot be overworked, are regulated in the same Law.

scholarly journals Misconception on the Authority Abuse of Power in the Law Enforcement against Corruption

2017 ◽  
Vol 13 (9) ◽  
pp. 51
Author(s):  
Sadjijono Sadjijono ◽  
Bagus Teguh Santoso
Keyword(s):  
Law Enforcement ◽  
Good Governance ◽  
Government Officials ◽  
Legal Concept ◽  
Abuse Of Power ◽  
Government Administration ◽  
The Absolute ◽  
The Law ◽  
The Government ◽  
Administrative Jurisdiction

Law No. 30/ 2014 on Government Administration brings the strength and the averment on the performance of the governmental functions which include executive, legislative, and juridical in order to provide the public services (bestuurzorg). Such regulation also aims to prevent and to eliminate any kinds of the maladministration done by the government officials/organs in implementing their functions so that good governance can be realized. In implementing their function, the government should rely on the useful performance (doelmatigheid) and the effectiveness (doeltreffenhgeid) according to the norms of each authority. It is a sophism when the ‘authority’ and/or the ‘competence’ mentioned under the Law No. 30/ 2014 on Government Administration are defined differently in the letterlijk gramatikal wet without associating those terms with an understanding of bevoegheid in an administrative legal concept. An idea that distinctively defines the term ‘competence’ as a right and ‘authority’ as a power is considered as an inconsistent idea, which may cause dualism and distortion in the common law enforcement reffering to the administrative law, particularly related to the concept of the authority abuse of power mentioned under the Law No. 31/ 1999 amended by the Law No. 20/ 2001 on deeds against corruption. As the result, when the notion of ‘authority abuse of power’ is defined as a right (as mentioned in article 1, subsection 5 jo. article 17, Law No. 30/ 2014 on Government Administration), it will be characterized into the absolute competence of the administrative jurisdiction, and when the notion of ‘authority abuse of power’ is defined as a power (as mentioned in article 3, Law No. 31/ 1999 on deeds against corruption), it will be characterized into the absolute competence of the corruption-act jurisdiction. Meanwhile, implementing the government’s ‘competence’ and/or ‘authority’ is characterized into one concept based on the norms of the authority power.

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