scholarly journals THE LEGAL PROTECTION AGAINST TERRORISMSUSPECTS IN INDONESIA(CASE STUDY OF THE ARREST PROCESS OFTERRORISM SUSPECTS BY DENSUS 88)

2019 ◽  
Vol 27 (1) ◽  
pp. 14
Author(s):  
Sholahuddin Al-Fatih ◽  
Zaka Firma Aditya
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Suicide Bombing ◽  
Operational Procedure ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Many

Terrorism is a form of extraordinary crime that not only leads to lives and material losses, but also creates a continuing fear in society. Backed by the many cases of terrorism with suicide bombing mode, especially in the case of Bali Bombing 1 and 2, then born special datachment 88 (Densus 88) which has the obligation to combat terrorism. Unfortunately, in cracking down on the perpetrators of terror, even those still suspected as terrorist suspects, Densus 88 often uses violence and even shoots off on the spot. The late Siyono was one of the victims of repressive measures carried out by Densus 88. In other cases, Densus 88 is also often proven to mis-arrest after the suspect has lost his life. This condition is certainly contrary to the spirit of democracy and efforts to guarantee human rights protection in Indonesia. This paper discusses: (1) the Standard Operational Procedure of terrorist suspected arrest process by Densus 88 and its comparison with anti terrorism agency in other country; and (2) Guarantees and legal protection in the fulfillment of the rights of suspected terrorists.

scholarly journals Politics Of Law Human Rights Protection In Indonesia

2020 ◽  
Vol 2 (4) ◽  
pp. 513
Author(s):  
Pradikta Andi Alvat
Keyword(s):  
Human Rights ◽  
Political Development ◽  
Legal Protection ◽  
Secondary Data ◽  
Three Dimensions ◽  
Reform Era ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Source Data ◽  
Protection Of Human Rights

This study aims to know how political development of legal protection of human rights in Indonesia and political objectives of the legal protection of human rights itself. The research method using normative juridical approach. Specification of the research is descriptive. Provide an overview and critical analysis and conclusions of the research object. Source data using secondary data sources through books and legislation. The data collection method through the study of literature. Analysis of data using qualitative approach. The results showed that the political development of the legal protection of human rights has undergone discourse tight since the formulation of the Constitution and found basic juridical-constitutional is ideal since the reform era with the birth of Chapter XA in the constitution on human rights, born Law of Human Rights, and the formation of the court of HAM. The purpose of a political human rights protection law contains three dimensions, namely the dimensions of philosophical, sociological dimension and juridical dimension.Keywords: Protection Of Human Rights; Political Law; State Law.

19. Human Rights and The UK Constitution

Public Law ◽  
2020 ◽  
pp. 761-816
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

This chapter examines human rights protection in the UK. It examines the reasons why the Human Rights Act 1998 (HRA) was enacted, the effects of the HRA, the principal mechanisms through which the HRA affords protection to human rights in UK law; the scope of the HRA; and the debate concerning the potential repeal, reform, or replacement of the HRA. The chapter also introduces the notion of human rights, including the practical and philosophical cases for their legal protection, and the European Convention on Human Rights, to which the HRA gives effect in UK law.

18. Human Rights and the UK Constitution

Public Law ◽  
2017 ◽  
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

This chapter examines human rights protection in the UK. It examines the reasons why the Human Rights Act 1998 (HRA) was enacted, the effects of the HRA, the principal mechanisms through which the HRA affords protection to human rights in UK law, the scope of the HRA, and the debate concerning the potential repeal, reform, or replacement of the HRA. The chapter also introduces the notion of human rights, including the practical and philosophical cases for their legal protection, and the European Convention on Human Rights, to which the HRA gives effect in UK law.

scholarly journals PERLINDUNGAN HUKUM ATAS HAK POLITIK PEREMPUAN OLEH NEGARA

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Yosefina Daku
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
The Political ◽  
Political Rights ◽  
Political Field ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Law

As the law states, Indonesia  provide the protection of the rights for of all people without the discrimination. By the basis of the mandate of the Preamble to the Constitution of 1945 that "a just and civilized humanity," the Indonesian state guarantees of a society that is fair. Political rights granted by the country with regard to discrimination is legal protection by the state against women's political rights. By participating in the convention and recognized in the form of Law Number 7 Year of 1984 on Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, an attempt by the state to remove the problems in realizing the equality of women and men. Therefore  the  problem  that  can  formulated are: 1) how the legal protection of women's political rights in Indonesia? 2) how the implementation of Law Number 7 Year of 1984 on Ratification of the Convention on the Eliminationof All Forms of Discrimination Against Women Related Political Rights of Women?. The purpose of this study was to examine the legal protection by the state against the ful fillment of women's political rights in Indonesia and the implementation of protection of women's political rights pursuant of Law Number7 Year of 1984. This research is a normative law. The technique used in this research is to use the concept approach and statutory approach to reviewing the legislations and legal literatures. Rights protection as a form of justice for each person more specifically regulated in Law about Human Rights. Protection of the rights granted to women by the state including the protection of the political field regulated in some provisions of other legislation. By removing discrimination against women in it’s implementation still look at the culture and customs which is certainly not easy to do and the state is obliged to realize the objectives of the convention

scholarly journals Perlindungan Hukum terhadap Wisatawan yang Mendapat Perlakuan Diskriminatif

2018 ◽  
Vol 7 (1) ◽  
pp. 122
Author(s):  
Sang Ayu Ditapraja Adipatni
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Police Department ◽  
General Rule ◽  
Penal Code ◽  
State Budget ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Article 5 ◽  
Better Than

Tourism which is one of leading sectors in Bali island in increasing the state budget must provide an assurance of human rights protection to both domestic and foreign tourists, since in the provision of Article 5 letter b and g the Law No.10 the year 2009 regarding Tourism, stating that tourism is organized based on the principle of upholding human rights and adhere to world tourism ethical code as well as international agreement. In order to uphold justice and respect for Human Rights, it is better than in tourism, discrimination treatment must be eliminated. The problems being encountered is how about legal protection for tourists who are getting discriminative treatment and how about law enforcement toward tourists who are getting discriminative treatment. This study used normative legal research, by using statute approach and case approach. Study shows that in Tourism Law, it is not regulated regarding the sanction to discriminative treatment, so in accordance with case approach, the applicable one is general rule in Indonesian Penal Code (KUHP) that is in Article 170 paragraph (1) and (2) and it is adjusted with main duty by Police Department as law enforcer then the procedure of criminal justice is being adjusted to Indonesian Penal Code (KUHAP) which is starting from probing, investigation, prosecution, trial in the court up until legal verdict. Kegiatan pariwisata yang merupakan salah satu andalan di Pulau Bali dalam meningkatkan anggaran pendapatan negara harus memberikan jaminan perlindungan hak asasi manusia pada wisatawan domestik maupun wisatawan mancanegara, karena dalam ketentuan Pasal 5 huruf b dan g Undang-Undang No. 10 Tahun 2009 tentang Kepariwisataan, menyatakan bahwa kepariwisataan diselenggarakan berdasarkan prinsip menjunjung tinggi hak asasi manusia dan mematuhi kode etik kepariwisataan dunia dan kesepakatan internasional. Demi menjunjung tinggi keadilan rasa hormat pada Hak Asasi Manusia sebaiknya dalam berwisata perlakuan diskriminasi harus dihilangkan. Permasalahan yang dikaji adalah bagaimana perlindungan hukum terhadap wisatawan yang mendapat perlakuan diskriminatif dan bagaimana penegakan hukum terhadap wisatawan yang mendapat perlakuan diskriminatif. Jenis penelitian yang digunakan adalah penelitian hukum normatif, dengan pendekatan perundang-undangan dan pendekatan kasus. Hasil studi menunjukkan bahwa dalam Undang-Undang Kepariwisataan tidak mengatur mengenai sanksi perlakuan diskriminatif maka sesuai dengan pendekatan kasus yang berlaku adalah aturan umum di dalam KUHP yaitu Pasal 170 ayat (1) dan (2) ke-1 KUHP dan disesuaikan dengan tugas pokok kepolisian sebagai penegak hukum maka prosedur peradilan pidananya disesuaikan pada KUHAP yang dimulai dari penyelidikan, penyidikan, penuntutan, pemeriksaan di sidang pengadilan sampai dijatuhkan putusan.

And Then There Was One: Freedom of Religion in Canada – the Incredible Shrinking Concept

2008 ◽  
Vol 10 (2) ◽  
pp. 197-204 ◽  
Author(s):  
Margaret H Ogilvie
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Supreme Court Of Canada ◽  
Freedom Of Conscience ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Supreme Court ◽  
Human Rights Act ◽  
Religion In Canada ◽  
Constitutional Protections

Defining religion for the purposes of constitutional or human rights protection is a challenge shared by UK and Canadian courts in this era after the enactment of the Human Rights Act 1988 and the Canadian Charter of Rights and Freedoms 1985, respectively: neither defines what is to be protected. Canadian courts have been impressed with this task since 1982 and, unsurprisingly, the Supreme Court of Canada (SCC) has considered the content and scope of section 2(a), the fundamental right to freedom of conscience and religion, on a number of occasions, most recently in Syndicat Northcrest v Amselem. The outcome in Amselem is a salutary reminder that, for post-modern courts, religion can be whatever they want it to be, and, indeed, be nothing in particular, which merits protection or not at the whim of these courts. In Amselem, a 5–4 majority of the SCC reduced religion for Charter purposes to any beliefs which the complainant calls religion and persuades a court to be sincerely held. A court then has the discretion to decide whether to extend legal protection to those beliefs (and their allegedly offensive practice) without giving credible reasons beyond the complainant's sincere belief in them. Amselem may, therefore, be of considerable interest to British lawyers regarding the potential lurking within ostensibly generous constitutional protections for religion ultimately to reduce religion to nonsense undeserving of legal protection.

scholarly journals PRAWA SOCJALNE ich miejsce w systemie prawa oraz znaczenie w społeczeństwie

2018 ◽  
Vol 3 (1) ◽  
pp. 77-102
Author(s):  
Anna Kalisz
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Social Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
2Nd Generation ◽  
Historical View ◽  
Institutional Structures

The paper is an approach to present the category of social rights in the background of entire legal system of the human rights protection. It is particularly dealing with the issue of nature of the 2nd generation of human rights and its significance for society. It starts with a brief presentation of the philosophical (human dignity) and normative roots as well as a short historical view of the human rights’ codification; the established legal terminology (human rights, fundamental rights, individual rights and liberties) and various levels of the legal protection (international – of global or regional nature, supranational and national one). Thereafter it focuses directly on the issue of social rights. Unlike the 1st generation of human rights, they are rather connected with public activity, policy and services (facere) than with autonomy and liberty (non facere). This, in turn, demands appropriate institutional structures and procedures. Social rights are hardly provided – in a binding and effective way – by global or regional international law. Thus, the burden of their protection, guaranty and execution is satisfied by the particular state and depends on its economic and social circumstances. On the other hand – they significance is based on fact that they serve the protection of social security which is the fundamental issue for both – dignity and sense of community.

Legal protection of vulnerable groups of population: practice of the European Court of Human Rights

2021 ◽  
Vol 39 (68) ◽  
pp. 136-152
Author(s):  
Liliia Matvieieva ◽  
Polina Baltadzhy ◽  
Iuliia Shmalenko ◽  
Natalia Yeftieni ◽  
Olga Ivanchenko
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Legal Regulation ◽  
Practical Significance ◽  
Vulnerable Groups ◽  
General Situation ◽  
Important Indicator ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court

The relevance of the problem under study is due to the need to monitoring the general situation to respect to human rights. The establishment, provision and realization of human rights is an important indicator in a state, which indicates its democracy, sociality, as well as the fact that such a state is legal. Purpose of the article in the study the issues of legal protection of vulnerable categories of population in the context of formation of active human rights policy of state aimed at increasing the capacity of socially vulnerable groups and reducing the risks of growing social tensions in society. The leading method for studying this problem is the legal sociological method, which allows us to study the effectiveness of state and legal regulation of human rights protection. The article presents an analysis of the results of the European experience in combating intolerance and discrimination. Its types main determined have been. Highlighted the criteria by which discrimination is prohibited. The legal system of human rights protection mechanisms is analyzed. The article presents scientific categories: discrimination, hate crimes, vulnerable groups. The practical significance lies in the development of proposals for improving domestic legislation.

9. International human rights law

2021 ◽  
pp. 163-185
Author(s):  
Anders Henriksen
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Primary Sources ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Enforcement Mechanisms ◽  
Private Actors

This chapter discusses the system of human rights protection that has emerged since the end of the Second World War. It begins in Section 9.2 with the primary sources of human rights law before Section 9.3 discusses the different categories of human rights. Section 9.4 discusses the obligation on states to offer protection from acts of private actors. Section 9.5 provides an overview of the enforcement mechanisms in the UN and Section 9.6 focuses on the regional protection of human rights. Section 9.7 discusses the territorial scope of human rights treaties and Section 9.8 concerns the application of human rights in times of public emergency. Section 9.8 provides an overview of the international legal protection of refugees.

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