scholarly journals KONSTITUSIONALITAS KEBIJAKAN NEW NORMAL DALAM PERLINDUNGAN HAK HIDUP WARGA NEGARA

2020 ◽  
Vol 8 (1) ◽  
pp. 52
Author(s):  
Ruth Crista Vanesa Hariyanto
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Natural Law ◽  
Right To Life ◽  
Economic Rights ◽  
New Normal ◽  
Existing Problems ◽  
Natural Law Theory ◽  
The Government ◽  
The Right

<p align="center"><strong><em>Abstract</em></strong><strong></strong></p><p><em>This study aims to answer two problems: first, outlining the correlation of the Right to Life with Economic Rights in New Nornal Policy; and  secondly, analyzing theConstitutionality of New Normal Policy</em>. <em>The policy created during the Covid-19 Pandemic not infrequently reaping contracdictions. Especially the last one echoed by the governments is the existence of a New Normal Policy which is actually considered unconstitutional because with this policy the government is felt to have ignored the right of Right to Life of citizen and priorited Economic Right. For this reason, this article uses natural law theory as a means of interpretation of two existing problems. In accordance with this, this acricle argues that the New Normal Policy is a constitutional policy because it is in accordance with the spirit of Article 28A UUD NRI 1945. </em></p><p><em>Keywords</em>: <em>Human Rights, New Normal, Public Policy, Constitutionalism</em><em>.</em></p><p align="center"><strong>Abstrak</strong></p><p>Penelitian ini bertujuan untuk menjawab dua permasalahan: pertama, menguraikan korelasi Hak untuk Hidup dengan Hak Ekonomi dalam Kebijakan Nornal Baru; dan kedua, menganalisis Konstitusionalitas Kebijakan Normal Baru. Kebijakan yang dibuat saat Pandemi Covid-19 tak jarang menuai kontradiksi. Terlebih yang terakhir digaungkan oleh pemerintah adalah adanya New Normal Policy yang justru dinilai inkonstitusional karena dengan kebijakan ini pemerintah dirasa telah mengabaikan hak atas Hak Hidup warga negara dan mengutamakan Hak Ekonomi. Untuk itulah, artikel ini menggunakan teori hukum kodrat sebagai alat interpretasi dari dua masalah yang ada. Sejalan dengan hal tersebut, acricle ini berpendapat bahwa New Normal Policy merupakan kebijakan konstitusional karena sesuai dengan semangat Pasal 28A UUD NRI 1945.</p><p>Kata Kunci: Hak Asasi Manusia, Normal Baru, Kebijakan Publik, Konstitusionalisme.</p>

On American Values, Unalienable Rights, and Human Rights: Some Reflections on the Pompeo Commission

2020 ◽  
Vol 34 (1) ◽  
pp. 13-31 ◽  
Author(s):  
Mathias Risse
Keyword(s):  
Human Rights ◽  
Foreign Policy ◽  
Natural Law ◽  
American Foreign Policy ◽  
Economic Rights ◽  
Declaration Of Independence ◽  
American Values ◽  
Natural Law Theory ◽  
Per Se ◽  
The U.S

AbstractIn July 2019, Secretary of State Mike Pompeo launched a Commission on Unalienable Rights, charged with a reexamination of the scope and nature of human rights–based claims. From his statements, it seems that Pompeo hopes the commission will substantiate—by appeal to the U.S. Declaration of Independence and to natural law theory—three key conservative ideas: (1) that there is too much human rights proliferation, and once we get things right, social and economic rights as well as gender emancipation and reproductive rights will no longer register as human rights; (2) that religious liberties should be strengthened under the human rights umbrella; and (3) that the unalienable rights that should guide American foreign policy neither need nor benefit from any international oversight. I aim to show that despite Pompeo's framing, the Declaration of Independence, per se, is of no help with any of this, whereas evoking natural law is only helpful in ways that reveal its own limitations as a foundation for both human rights and foreign policy in our interconnected age.

scholarly journals THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011

2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Service Needs ◽  
Human Beings ◽  
The Third ◽  
The Core ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Service Standards

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  

scholarly journals Longitudinal Form and the Human Conceptus

1996 ◽  
Vol 63 (1) ◽  
pp. 14-24
Author(s):  
Ashley K. Fernandes
Keyword(s):  
Human Rights ◽  
Human Life ◽  
Right To Life ◽  
Very Old ◽  
The World ◽  
Moral Precept ◽  
The Government ◽  
The Right

Human rights are not a privilege conferred by the government They are every human being's entitlement by virtue of his humanity. The right to life does not depend, and must not be declared to be contingent, on the pleasure of anyone else, not even a parent or sovereign … I have no new teaching for America. I seek only to recall you to faithfulness to what you once taught the world Your nation was founded on the proposition — very old as a moral precept, but startling and innovative as political insight — that human life is a gift of immeasurable worth, and that it deserves, always and everywhere, to be treated with the utmost dignity and respect — Mother Theresa of Calcutta (1994) 1

scholarly journals The concept of human rights: doctrinal approaches

2020 ◽  
Vol 11 (11) ◽  
pp. 258-264
Author(s):  
Chepulchenko T. О.
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
The State ◽  
Reference Points ◽  
Theory And Practice ◽  
Modern Concept ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
The Relationship

The article examines the modern concept of human rights as the universally accepted system of views and attitudes about the place and role of human rights in the society and the state. The list of human rights enshrined in these international instruments and the constitutions of many countries, was the result of a long historical development of samples and standards of human life and the entire community. It is emphasized that on the basis of a combination of natural and positivistic concepts of human rights and made possible the consolidation of fundamental freedoms in the constitutions of democratic States. The article focuses on the basic concepts of how to solve the problem of human rights and legal status of the individual which have developed in the history of legal theory and practice of various peoples: liberal (European) concept of human rights, collectivist, Islamic and traditionalist concept. It is emphasized that a decisive influence on the establishment of human rights made on the liberal conception of natural law doctrine, which established the priority of human rights, the new parameters of the relationship between the individual and the government. In the statement of the rights and freedoms of man played an important role in their ideological, doctrinal justification – the doctrine of natural human rights that do not depend on the discretion and arbitrariness of the government, and it is aimed at ensuring the rights defined by nature. Based on this doctrine and on the above mentioned international legal instruments, the new Constitution of Ukraine establishes a number of new rights, which were previously unknown or Constitution of the Soviet Ukraine nor the Ukrainian legislation: the right to life, right to dignity, the right to respect for private and family life, freedom of movement and free choice of residence, right to freedom of thought and speech, free expression of views and beliefs, and so on. Therefore, a new concept of the relationship between the Ukrainian state and the person with priority to the latter is brought to life, since the category of human rights operates solely in relations between man and power. Human rights are the limits of power. They define the sphere of human activity in which the power (the state) cannot interfere and the responsibilities which the state has for the human being. The article also discusses four generations of human rights, it is noted that in the XXI century. we can talk about the formation of the fourth generation of human rights, which is connected with the scientific discoveries in the field of microbiology, medicine, genetics and more. It is this generation that is at the center of intense debate precisely in terms of the naturalness of these phenomena and processes, from the standpoint of morality and worldview of a particular society, as well as based on the content of scientific doctrine. As a conclusion, the author writes that the legally enshrined legal position of a person has as its basis a liberal and natural-law concept, which stipulated as the primary principles freedom and inalienability, inalienability of human rights that belong to it from birth. Reference points are made in the relationship between the state and man - freedom, equality, the rule of law, the universality of human rights. And on these principles, principles, in addition to the actual scope of human rights and obligations, are exercised by these rights and freedoms. Keywords: constitution, concept of human rights, international legal act, human rights, natural law.

scholarly journals ETIKA PENYADAPAN OLEH KOMISI PEMBERANTASAN KORUPSI DALAM HAK ASASI MANUSIA

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Sugeng Widodo ◽  
Mufidah Mufidah
Keyword(s):  
Qualitative Research ◽  
Human Rights ◽  
Research Method ◽  
Privacy Rights ◽  
Right To Life ◽  
Conceptual Approach ◽  
Library Research ◽  
The Government ◽  
The Right ◽  
Laws And Regulations

The rise of corruption cases certainly forces the government to prevent corrupt measures, the wiretapping in Indonesia by the KPK, also in terms of tackling other criminal acts. So of course there is Ethics, Ethics so far has not been touched by the KPK because in conducting wiretapping it is only limited to following the laws and regulations even though in regard to laws and regulations there should be ethics that must be maintained to guarantee the right to life of one's privacy. The research method used in this study is the qualitative research method with the type of library research library research, using the statutory approach, and theories (conceptual approach), and the Case Approach (doctrinal approach) which is examined through various literatures relating to the regulation of privacy rights, also relating to the regulation of wiretapping of the KPK.Keywords: Ethics, Wiretapping by the KPK, Wiretapping in the Human Rights PerspectiveMaraknya kasus korupsi tentu memaksa pemerintah terhadap langkah-langkah preventive koruptor, maka penyadapan di Indonesia yang dilakukan oleh KPK, juga dalam hal menanggulangi tindakan-tindakan kriminal lainnya. Maka tentu ada Etika, Etika selama ini belum tersentuh oleh KPK karena dalam melakukan penyadapan hanya sebatas mengikuti peraturan perundang-undangan, padahal berkenaan dengan peraturan perundang-undangan seharusnya ada etika yang harus dijaga untuk menjamin hak kehidupan privasi seseorang. Metode penelitian yang dilakukan dalam penelitian ini adalah dengan metode penelitian kualitatif dengan jenis penelitian kepustakaan ( library research), menggunakan Pendekatan Perundang-undangan (statutory approach), dan Teori-teori (conceptual approach), serta Pendekatan Kasus (doktrinal approach) yang diteliti melalui berbagai literatur yang berkaitan dengan pengaturan hak-hak privasi, juga berkaitan dengan pengaturan penyadapan KPK.  Kata Kunci :  Etika, Penyadapan oleh KPK, Penyadapan dalam Presfektif  HAM   

scholarly journals Overpowering the law enforcing agency and human rights challenges

2018 ◽  
Vol 8 (1) ◽  
pp. 181-199 ◽  
Author(s):  
AKM Ahsan Ullah ◽  
Lutfunnessa Sagor
Keyword(s):  
Human Rights ◽  
Secondary Data ◽  
Snowball Sampling ◽  
Right To Life ◽  
Daily Newspapers ◽  
Human Rights Organizations ◽  
Constitutional Right ◽  
The Government ◽  
The Right ◽  
Depth Interviews

This research seeks to explore and understand the extent of human rights is violated by an elite force in Bangladesh. The constitutional right to life should not be derogated or suspended, and no person should be stripped of his or her basic human rights. (Number) of victims and human rights activists were recruited via snowball sampling and in-depth interviews were conducted. Secondary data was obtained via daily newspapers, magazines and bulletins published by various human rights organizations in Bangladesh. This is due to the elite force ignoring the existing constitutional guarantee of the right to life. The participants views were that the government has to ensure human rights are maintained. It should limit the jurisdiction of the elite force and conform to the Universal Declaration of Human Rights.

scholarly journals The Communist Party of China’s Approach to Human Rights and the Death Penalty

2017 ◽  
Vol 18 (2) ◽  
pp. 117-154
Author(s):  
Huang Gui
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Communist Party ◽  
Leadership Role ◽  
Right To Life ◽  
Human Rights Protection ◽  
Legal Provisions ◽  
The Government ◽  
The Right ◽  
Individual Human

Under the Constitution of China, the Communist Party (cpc) does not merely play a leadership role in the political field, but also in the legal arena. Legislation must reflect the Party’s outlook and achieve its policies, including any legal provisions governing particular systems, such as arrangements for the death penalty. After introducing the relationship between the cpc and legislation, this article will discuss the shift in the cpc’s approach to human rights and changes to the death penalty system in the Maoist, Deng Xiaoping and post-Deng eras. In the Maoist era, the government rejected human rights, but its policy on execution – at least on paper – was cautious and even stricter than during the other eras; the cpc recognised and accepted human rights in the Deng era, but emphasised national security and stability. As a result, individual human rights were not fully taken into account. Execution was considered an important measure to control crime and the scope of the relevant legislation was expanded. Post-Deng, human rights have developed gradually. Human rights protection has been incorporated into the Constitution and individual human rights have become more valued, but the cpc still focuses on state security, development and stability, and has not valued the right to life to the same extent as the right to subsistence. Although steps to reform the death penalty are being taken, 46 crimes are still punishable by death. The cpc should change its outlook and focus on the right to life, and abolish the death penalty de facto and de jure.

scholarly journals Vaccines for Tourism Business Actors: Fulfilment or Violation of Human Rights?

2021 ◽  
Vol 8 (3) ◽  
pp. 401-416
Author(s):  
I Wayan Wiryawan
Keyword(s):  
Human Rights ◽  
Local Government ◽  
Government Policies ◽  
Right To Life ◽  
Legal Research ◽  
Legal Principles ◽  
Vaccine Refusal ◽  
Tourism Sector ◽  
The Government ◽  
The Right

Tourism sector is the largest source of income for Bali province of Indonesia. Unfortunately, the Covid-19 pandemic forced the closure of tourism. Therefore, Bali’s economic growth is experiencing decrease to -10.98%. To accelerate the reopening of tourism, the government has launched the national vaccine movement that also covers tourism business actors. Unfortunately, some parties resist the vaccination because the vaccine is not believed yet to be safe. By using doctrinal legal research, this study examined two problems: the right to health in the context of tourism and the construction of government policies against vaccine resistance by tourism business actors. It examined legal principles and synchronization of laws on human rights related to vaccination. The state is responsible to provide vaccination for the citizens in fulfilling the right to life and health. Each local government produces policy to deal with vaccine refusal. Jakarta and West Java are two provinces that impose fines for residents who refuse vaccines. On the other hand, Bali province does not impose sanctions on such residents. To ensure safety after the reopening of tourism, any local government can propose the record of vaccination as a requirement for every person who will return to work in the tourism sector.

scholarly journals The Interpretation of Freedom of Religion and Believe: How Do University Understand This to Society?

2020 ◽  
Vol 2 (1) ◽  
pp. 15-28
Author(s):  
Rurin Sisilia Prasetyani ◽  
Shally Saniyya Novina
Keyword(s):  
Human Rights ◽  
Human Freedom ◽  
Freedom Of Religion ◽  
Political Rights ◽  
Right To Life ◽  
Basic Rights ◽  
Protestant Christians ◽  
Religion And Ethnicity ◽  
The Government ◽  
The Right

This paper is based on the condition of freedom of religion and belief and people's understanding of the meaning of freedom of religion and belief which is still wrong and ambiguous. In fact, as dignified beings, humans have a number of basic rights that must be protected, such as the right to life, the right to political rights, the right to assemble, as well as the right to religion and belief. Human rights values ​​teach that these basic human rights are protected and respected. Human rights teach the principle of equality and human freedom so that there can be no discrimination, exploitation and violence against humans in any form and also there should not be any restrictions and restrictions on basic human freedoms, including the right to freedom of religion. The Indonesian nation is a pluralistic nation. There are various kinds of ethnicity, race, religion, and ethnicity that cause diversity in Indonesia. Although the majority of Indonesian people are followers of Islam, however, in Indonesia there are also several other official religions recognized by the government, namely, Catholic Christians, Protestant Christians, Hindus, Buddhists, and Confucians. Therefore, every person has the right to freedom of religion or belief, that means no one may be subject to coercion that would interfere with his freedom to adhere to or embrace a religion or belief of his own choice.

Upaya Preventif Terhadap Perilaku Percobaan Bunuh Diri dalam Tinjauan Hak Asasi Manusia

ADALAH ◽  
2020 ◽  
Vol 4 (3) ◽  
Author(s):  
Siti Ngainnur Rohmah
Keyword(s):  
Human Rights ◽  
Attempted Suicide ◽  
Suicide Attempts ◽  
Preventive Measures ◽  
Right To Life ◽  
Basic Rights ◽  
The Republic ◽  
The Government ◽  
The Right

Abstract:Every Indonesian citizen has human rights. Among those basic rights is the right to life. Nowadays frequent suicide attempts occur. Suicide becomes a trend to end life, because it is felt no longer able to face the tough problems of life. The Government of the Republic of Indonesia has taken preventive measures to protect citizens from attempted suicide by issuing regulations contained in KUHP article 345. Thus, human rights, especially the right to life of Indonesian citizens can be maintained.Keywords: Suicide, Preventive, Human Rights Abstrak:Setiap warga Negara Indonesia memiliki hak asasi manusia. Di antara hak asasi itu adalah hak untuk hidup. Dewasa ini sering terjadi tindakan percobaan bunuh diri. Bunuh diri menjadi trend untuk mengakhiri kehidupan dikarenakan merasa tidak sanggup lagi menghadapi permasalahan hidup yang sangat berat. Pemerintah Negara Republik Indonesia telah melakukan tindakan preventif untuk melindungi warganya dari tindakan percobaan bunuh diri dengan mengeluarkan peraturan yang tertuang pada KUHP pasal 345. Dengan demikian hak asasi manusia, terutama hak untuk hidup warga Negara Indonesia dapat terjaga.Kata Kunci: Bunuh Diri, Preventif, Hak Asasi Manusia 

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