scholarly journals СУДСКА ГРАЂАНСКОПРАВНА ЗАШТИТА ОД ДИСКРИМИНАЦИЈЕ ПО ОСНОВУ ПОЛА

TEME ◽  
2018 ◽  
pp. 917
Author(s):  
Владимир Боранијашевић
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Personal Characteristics ◽  
Democratic Society ◽  
Contemporary Society ◽  
Social Phenomenon ◽  
The Law ◽  
The Republic ◽  
The Right

Although defined as an extremely negative social phenomenon and prohibited according to the regulations of numerous documents, discrimination is widely present in contemporary society. An almost unlimited list of personal characteristics of an individual or a group of people is a basis for various ways of discriminatory acts. One form of discrimination is discrimination based on sex. The right to equality of sexes represents one of the basic human rights and a significant value of democratic society, while it is exactly discrimination based on sex that represents one of the most common forms of discrimination. In the paper the concept of equality of sexes, normative sources which prohibit discrimination based on sex and legal solutions contained in the Law on Equality of Sexes of the Republic of Serbia have been pointed out. Special attention has been given to the analysis of the specific rules according to which to provide civil legal protection against discrimination and according to which to act in litigations for protection against discrimination based on sex.

scholarly journals Legal Protection of Women Forced to Married In Islamic Law and Human Rights Perspective

2020 ◽  
Vol 10 (1) ◽  
pp. 18
Author(s):  
Anwar Hafidzi ◽  
Rina Septiani
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Legal Protection ◽  
Marriage Law ◽  
Legal Literature ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Descriptive Qualitative

This study aims to determine the legal protection of women who are forced to marry according to Islamic law and human rights. The method used in this research is descriptive qualitative with a normative legal approach, namely by analyzing the problem through data from the legal literature. The results of the research found that the marriage law in Indonesia does not recognize the right to consent, on the contrary, the law requires the consent of both parties to enter into a marriage with pleasure without coercion. This is based on the Law of the Republic of Indonesia Number 39 of 1999 concerning Human Rights and Marriage Law Number 1 of 1974. Once the reinterpretation of the right to ijbar is considered objective because this concept is based on the form of protection and responsibility in choosing one's life partner.  

scholarly journals Legal Aid by the State as a Constitutional Right of the Poor: Problems and Challenges in Indonesia

2021 ◽  
Vol 3 (2) ◽  
pp. 185-196
Author(s):  
Ari Wibowo ◽  
Michael Hagana Bangun
Keyword(s):  
Supreme Court ◽  
Legal Protection ◽  
The State ◽  
Legal Aid ◽  
The Poor ◽  
The Supreme Court ◽  
The Law ◽  
Constitutional Right ◽  
The Republic ◽  
The Right

The provision of legal aid is one way to realize access to law and justice for the poor people provided by the state on the mandate of the constitution. Several regulations regarding legal aid have been issued by the state through the Act and its implementing regulations as well as from the Supreme Court or the Constitutional Court through the Supreme Court Regulations and the Constitutional Court's decisions. Legal aid is the constitutional right of every citizen to guarantee legal protection and guarantee equality before the law stipulated in Law Number 16 of 2011, the State is responsible for recognizing and protecting the human rights of every individual without differing backgrounds so that everyone has the right to be treated equally before the law is contained in Article 28D of the 1945 Constitution of the Republic of Indonesia. For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia. , and to create an effective, efficient and accountable court.

LEGAL PROTECTION RELATED TO THE DENSITY RIGHTS IN TERMS OF REWARDED IN CORRECTIONAL INSTITUTION

2018 ◽  
Vol 5 (2) ◽  
pp. 175
Author(s):  
Lily Faradina ◽  
Kadek Wiwik Indrayanti
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Correctional Institution ◽  
Human Beings ◽  
The People ◽  
The Law ◽  
The Right ◽  
Work Done

The rights of prisoners have been explicitly regulated in Act No.12 of 1995 on Corrections. The law therein outlines 13 (thirteen) rights reserved for a prisoner while in a Penitentiary. The right to get a wage or premium for the work done is a right that is often neglected in practice in the correctional institution located in our country. This happens because of the stigma of the people who still tend to assume that a prisoner is a party that deserves to be treated arbitrarily because of the crime he has committed. It is this kind of thinking that ultimately also affects officials or prison officers who end up treating incendiary people like humans who are unfit to accept the rights that have been provided by the state. Many inmates are employed in penitentiaries who are not paid for by their employers. If this continues to be done then the purpose of punishment will actually violate human rights inherent in the Prisoners as human beings. However, prisoners must also be protected by their rights as human beings.

scholarly journals The Legality of Providing Legal Aid to Perpetrators of the Crime of Murder in the Perspective of the Theory of Dignified Justice

2021 ◽  
Vol 3 (4) ◽  
pp. 585-604
Author(s):  
Muhlis Safi’i
Keyword(s):  
Human Rights ◽  
Equal Treatment ◽  
Main Element ◽  
Legal Services ◽  
Spiritual Values ◽  
Theory Of Justice ◽  
The Law ◽  
The Republic ◽  
The One ◽  
The Right

The Unitary State of the Republic of Indonesia is a state of law. In accordance with Article 1 paragraph (3) of the 1945 Constitution (UUD 1945). As a state of law, Indonesia must guarantee the rights of its citizens to equality and guarantees of justice, including human rights. As stated by Salim, quoting Fredrich Julius Stahl, that the main element of a state based on law is the protection, as well as the recognition of Human Rights (HAM), and upholding dignified justice. Also in Article 28D paragraph (1) of the 1945 Constitution (UUD 1945) reads: "Everyone has the right to recognition, guarantees, protection, and fair legal certainty and equal treatment before the law". This means that the constitution itself has accommodated, the state guarantees the fulfillment of individual rights of citizens and is treated equally before the law. In a state of law, the law is used as the main shield in the movement of government, state, and society. As an effort to realize justice and the spiritual values ​​of humanity (fair and dignified), there is assistance in the form of legal services for every citizen. The existence of a dignified justice theory is a justice provided by a legal system that has spiritual and material dimensions. This theory is a theory of justice that is based on noble values ​​that are rooted in the second principle of Pancasila, "Just and Civilized Humanity" and is inspired by the first principle, "Belief in the One Supreme God". 

scholarly journals Perlindungan Hukum terhadap Pengikut Aliran Syiah di Kabupaten Sampang Jawa Timur

2015 ◽  
Vol 4 (02) ◽  
pp. 243-260
Author(s):  
Achmad Maududi
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
Legal Protection ◽  
Protection Of Human Rights ◽  
Religious Sect ◽  
The Law ◽  
The Right

Abstract : The followers of Syiah religious sect in Sampang can get legal protection when they  want to do Bai’at again to the teachings of Ahlus sunnah wal Jamaah. It is agreed, because they believe Itsna Asyarah Syiah religious sect that its existing banned in Indonesia. Legal protection for them is the right of  citizens of Indonesia stipulated in the 1945 constitution. The guarantee of 1945 constitution, written constitution,  in the case of  citizens protection states  itself as the law state that the implementation of its goverment based on law. As a consequence of the law state,  recognation, respect, and protection of human rights should get a serious attention without discrimination in any forms. That the violence for whatever reason that may lead to violence action on the protect of religion is not justified forever. This is in accordance with embodiments of  article 28 and 29 of 1945 constitution which says that every citizens  has the right to run their  each religious beliefs and convictions.Keywords: Legal protection, Syiah, Sampang

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 Legal Protection for Debtors over Separatist Creditors' Rights Related To Bankruptcy

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 83
Author(s):  
Sutrisno Sutrisno
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Company Performance ◽  
Creditor Rights ◽  
The Law ◽  
The Republic

Indonesia, as a rechtstaat country, has consequences for the protection and respect of human rights of every class of society; for this reason the law in Indonesia must be able to realize the mandate of Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia. This includes legal protection for debtors over the rights of separatist creditor billing when bankruptcy occurs. In fact, the implementation of legal protection for debtors has not been able to do fairly up to now; this can occur because 1) the requirements for requesting bankrupt statements make it easy for debtors to go bankrupt, even though the debtor is actually in a state of solvency; 2) the PKPU mechanism has not provided extensive opportunities for debtors to improve company performance; and 3) efforts in bankruptcy are dominated by the authority of creditors. While, the problems that have resulted in the implementation of legal protection for debtors over the separatist creditor's collection rights so far are as follow: 1) there has been no funds for the costs of arranging and clearing bankrupt assets; 2) the bankrupt debtor is not cooperative and 3) the debtor sells / transfers his assets before being declared bankrupt. The method used in this paper is sociological juridical with non-doctrinal approach.Keywords: Debtor; Separatist Creditor Rights; Bankruptcy; Legal Protection.

scholarly journals The Role Of The Supervisory Council Notary Territory In Providing Legal Protection For A Notary Who Have Violated The Law Of The Deed Made

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 445
Author(s):  
Kiki Andriani Samad ◽  
Amin Purnawan
Keyword(s):  
Human Rights ◽  
Research Method ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
The Law ◽  
The Republic

The purpose of this study are 1) To clarify the role of the supervisory council notary territory in providing legal protection for a notary who have violated the law of the deed made. 2) To explain the regulatory obstacles and constraints assemblies notary territory in providing legal protection for a notary who have violated the law of the deed made.This research method is a normative juridical research is normative juridical method is the study of writing a good document that we study the norms and principles. Specification used in this study is a descriptive analysis, which is intended to give the data as accurately as possible about a situation or other symptoms. Based on the results of the study concluded thatLegal protection of the Notary, among others in the form of right of refusal, the obligation to reject and exclusive rights when summoned for questioning by investigators, prosecutors or judges, which is subject to approval of Honorary Council of Notaries of Regions as the provisions of Article 66 paragraph (1) of Act No. 2 2014 which has now been changed to Article 66 paragraph (1) of the Constitution of the Republic of Indonesia Number 2 Of 2014 concerning the Amendment to Act No. 30 of 2004 concerning Notary. Disagreement about the duties and responsibilities as a Council of Trustees Notary region between elements and bustle of every member of both government, notary, and academics to create obstacles during the examination and supervision of technical and administrative poorly in the recording report came from the community often happen, so data on the notary who has not and has been declared missing by the officials working at the Ministry of Justice and Human rights is also one member of the Supervisory Council of notaries, and only the remaining 1 data is still there on the notary who has been in the process by the Supervisory Council of notaries.Keywords: Regional Supervisory Council; Notary; Legal Protection; Notary; Law Violations; Deeds.

scholarly journals Information Systems and Management of Political Dynasty in the Constitution of Election in the Country of Indonesia in the Perspective of the State Constitution

Webology ◽  
2021 ◽  
Vol 18 (2) ◽  
pp. 832-844
Author(s):  
Sugia ryo ◽  
Anita Trisiana
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Constitutional Court ◽  
Applicable Law ◽  
State Constitution ◽  
General Elections ◽  
Pros And Cons ◽  
The Law ◽  
The Right

An information system is absolutely necessary in making logical decisions so that the policies developed are in accordance with the applicable law. This article discusses political dynasties from state constitutional law and human rights, whether constitutional or unconstitutional. This article uses a normative research method, which examines the law, the state constitution, and the Constitutional Court decisions related to political dynasties in the implementation of general elections. Political dynasties are a familiar thing in organizing general elections; political dynasties certainly reap the pros and cons. Still, as a legal state, Indonesia must also provide legal certainty regarding how the law views political dynasties. Basically, in this study, based on the rule of law and the state constitution, political dynasties are not unconstitutional; political dynasties do not violate the state constitution; with the prohibition on political dynasties, it is an unconstitutional act and violates human rights. The provisions of the Law on Human Rights prohibit the existence of political dynasties that do not prioritize human rights values, which are regulated in the Law on Human Rights; provide legal protection for every citizen has the right to vote and be elected in general elections. And stated firmly that political dynasties are prohibited, because they are not in line with the constitution and also the values of human rights.

scholarly journals PROTECTION AGAINST PRE-EMPLOYMENT DISCRIMINATION IN MALAYSIA

2020 ◽  
Vol 8 (1) ◽  
pp. 1-8
Author(s):  
NIK SALIDA SUHAILA NIK SALEH
Keyword(s):  
Human Rights ◽  
Equal Opportunity ◽  
Employment Discrimination ◽  
Personal Characteristics ◽  
Ethnic Origin ◽  
Employment Relationship ◽  
Equal Rights ◽  
Right To Work ◽  
The Law ◽  
The Right

The principles of equal rights and non-discrimination as well as the right to equality before the law and equal protection of the law are fundamental human rights principles enshrined under Article 55 of United Nations Charter and Article 7 of the Universal Declaration of Human Rights (UDHR). The UDHR, international human rights standards and state practise consistently view employment and the right to work to include pre-employment. Therefore, rights during pre-employment would also fall within the scope of right to work regime. It is important to stress that the employer must not make employment decisions based on personal characteristics such as gender, race, nationality, ethnic origin, religion or belief, disability, age or any unrelated issues to inherent job requirements. Employer must base the employment relationship on the principle of equal opportunity and fair treatment and will not discriminate with respect to all aspects of the employment relationship, including recruitment and hiring, compensation (including wages and benefits), working conditions and terms of employment, access to training, promotion, termination of employment or retirement, and discipline. This paper will analyse the international laws, laws of other jurisdictions and Malaysian laws on protection against pre-employment discrimination. Recommendations would be accorded to ensure that Malaysia guarantee equal rights among jobseekers

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