scholarly journals Actualization Of Human Rights Values Through Bureaucratic Reform Towards Justice Bureaucratic Governance

2019 ◽  
Vol 2 (1) ◽  
pp. 115
Author(s):  
Nurul Edy
Keyword(s):  
Human Rights ◽  
Career Paths ◽  
Reform Era ◽  
Regional Autonomy ◽  
Political Interests ◽  
State Apparatus ◽  
Strategic Position ◽  
Political Intervention ◽  
Professional Bureaucracy ◽  
Bureaucratic Reform

Before entering the reform era, bureaucratic governance in Indonesia was characterized by the practice of collusion and nepotism in which the bureaucracy could not carry out its duties and obligations professionally and they could not achieve their careers fairly and sustainably. Therefore, the aim of bureaucratic reform is to realize fair bureaucratic governance in which bureaucratic apparatus can carry out their duties and obligations professionally and the bureaucracy can reach career paths as a state apparatus fairly and professionally. So far, bureaucratic reform has not yet reached its objectives, where bureaucratic governance, especially in the context of the promotion of the position of state civil apparatus (ASN), is still colored by the practice of collusion and nepotism caused by high political intervention in ASN promotion. Regional autonomy and regional head elections are wrong which causes bureaucratic reform to not work effectively. The regional head who is the result of the regional election places ASN in the strategic position of regional apparatus according to their political interests, not based on the potential possessed by the ASN. For this reason, the design of bureaucratic reforms needs to be reorganized so that the gap of political intervention in bureaucratic governance can be minimized in order to realize a professional bureaucracy. Keywords: Bureaucracy, Bureaucratic Reform, Human Rights 

Conflict and Financial Scandal on History, Culture, and Politic

2018 ◽  
Vol 9 (03) ◽  
pp. 20628-20638
Author(s):  
Anik Yuesti ◽  
I Made Dwi Adnyana
Keyword(s):  
Human Rights ◽  
Church Leaders ◽  
Christian Church ◽  
Spiritual World ◽  
Political Interests ◽  
The World ◽  
Financial Scandals ◽  
Financial Transparency ◽  
The Church ◽  
Transparency And Accountability

One of the things that are often highlighted in the world of spirituality is a matter of sexual scandal. But lately, the focus of the spiritual world is financial transparency and accountability. Financial scandals began to arise in the Church, as was the case in the Protestant Christian Church of Bukti Doa Nusa Dua Congregation in Bali. The scandal involved clergy and even some church leaders. This study aims to describe how the conflict occurred because of financial scandals in the Church. The method used in this study is the Ontic dialectic. Based on this research, the conflict in the Bukit Doa Church is a conflict caused by an internal financial scandal. The scandal resulted in fairly widespread conflict in the various lines of the organization. It led to the issuance of the Dismissal Decrees of the church pastor and also one of the members of Financial Supervisory Council. This conflict has also resulted in the leadership of the church had violated human rights. Source of conflict is not resolved in a fair, but more concerned with political interests and groups. Thus, the source of the problem is still attached to its original place.

scholarly journals The Kilwa Massacre: Critical Analysis for a Southern Criminology

2020 ◽  
Vol 9 (4) ◽  
pp. 135-147
Author(s):  
Kim Lah ◽  
Anthony Collins
Keyword(s):  
Human Rights ◽  
Democratic Republic ◽  
Structural Violence ◽  
Colonial Power ◽  
Human Rights Abuses ◽  
Criminal Violence ◽  
Political Interests ◽  
Republic Of The Congo ◽  
History Of ◽  
International Systems

This paper explores the 2004 Kilwa massacre in the Democratic Republic of the Congo (DRC) through a decolonial perspective, explaining how the massacre is situated within the history of colonial power and global capitalist relations. As such, the convergence of mining and political interests that created the context in which this violence was possible is examined, rather than the specific human rights abuses committed during the massacre. This approach highlights how such acts of violence are an ongoing factor of colonial and postcolonial exploitation, as well as the difficulties in holding the responsible parties accountable. This investigation shows the importance of developing a decolonial Southern criminology that contextualizes human rights abuses within local and international systems of power and locates acts of criminal violence within the broader networks of structural violence.

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.

scholarly journals Disparity in Human Rights Violations: A Political and International Law Perspective

2016 ◽  
Vol 2 (3) ◽  
pp. 349
Author(s):  
Aidir Amin Daud
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rational Solution ◽  
Double Series ◽  
Mass Murder ◽  
The State ◽  
Human Rights Violations ◽  
Natural Right ◽  
International Court ◽  
Political Interests

Right to life is non-derogable rights. A natural right that should not be revoked arbitrarily by anyone, including the state. A mass murder in events 1 October 1965 and Timor-Timor is a double series of states’ failure in protecting the rights of Indonesian peoples. Moreover, these two events get different treatment in its handling. The disparity in treatment between two cases is a big question related to the consistency of human rights enforcement in Indonesia. This study is a descriptive-qualitative research. While, to prove the truth, this study will use a comparative study. The findings show that the attitude of the United Nations that treat serious human rights violations in Timor-Timor and the events of 1965 in Indonesia, cannot be answered differently in the perspective of international law. Since it has a weakness where the political interests of ruling is very strong in influencing the decisions of the UN. The disparity in law enforcement in the event of serious human rights violations in 1965 and Timor-Timor due to the dynamics of international politics when it does not allow for the demands of human rights violations to the UNs’ International Court due to advantage for a certain state after the event. In order to reduce disparities in human rights violations, reconciliation is the most rational solution at this time compared remains demand the state for the violations. Besides, many human rights violations in certain countries that have successfully resolved through reconciliation approach.

scholarly journals EXISTENCE OF LOCAL LEGAL PRODUCT NUANCED OF SHARI’AH IN INDONESIA

2017 ◽  
Vol 6 (2) ◽  
Author(s):  
Rommy Patra
Keyword(s):  
Human Rights ◽  
Civil Liberties ◽  
Local Autonomy ◽  
Reform Era ◽  
Legal Product

<p><em>The existence of local legal product  nuanced of shari'a in Indonesia is rampant  in the reform era. The establishment of  local legal product  that nuanced of shari'a is effort to formalize shari'ah  Islam in the life of the nation. But its existence has caused controversy because of have nature of sectarian and vulnerable to violation of human rights such as discriminatory and restrict civil liberties. Therefore, necessary  for the structuring of local legal product  that nuanced of shari'a, if necessary until to cancel it in order to improve the quality of implementation of local autonomy in Indonesia.</em></p>

Being Special, Becoming Indigenous: Dilemmas of Special Adat Rights in Indonesia

2011 ◽  
Vol 39 (5) ◽  
pp. 652-673 ◽  
Author(s):  
Adam Tyson
Keyword(s):  
Public Participation ◽  
Case Studies ◽  
Indigenous Rights ◽  
The Other ◽  
The Political ◽  
Reform Era ◽  
Political Intervention ◽  
Village Communities ◽  
The One ◽  
Special Rights

Abstract From 1998 onwards Indonesia’s reform era (reformasi) has captured the imagination of growing numbers of observers, experts and scholars. Policies of decentralisation and enhanced public participation projects have reawakened old debates surrounding indigenous rights, power and status. This article examines the dilemma of special rights, particularly those related to the political revival of customs and traditions (adat istiadat). Calls for exigent recognition and redistributive rights for particular groups and ‘unique’ village communities frequently take the form of indirect regulatory negotiations and direct struggles for land. Case studies from Sulawesi are therefore used to examine heavily contested processes of decentralisation and local autonomy, which in many respects enable the revival of local adat. Distinctions are made between static and fluid views of adat, between being special by virtue of birthright on the one hand, and becoming indigenous by way of deliberate political intervention and mobilisation on the other.

scholarly journals Menyoal Kebebasan Beragama dan Penodaan Agama Di Indonesia

2015 ◽  
Vol 3 (2) ◽  
pp. 195-212
Author(s):  
Yayan Sopyan
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Religious Beliefs ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Reform Era ◽  
The Republic ◽  
The Right

Abstract: Questioning the Religious Freedom and blasphemy in Indonesia. The presence of the Constitutional Court in the reform era is the strengthening of the foundations of constitutionalism in the Constitution of the Republic of Indonesia Year 1945. The Court in this case a role to enforce and the protector of the citizen's constitutional rights and the protector of the human rights. Including in this case, the right to religion and religious practices and teachings of their respective religions, in accordance with the constitutional mandate. However, on the other hand there is the discourse of freedom of expression and freedom of speech includes freedom to broadcast religious beliefs and understanding of the "deviant" and against the "mainstream" religious beliefs and understanding in general, as in the case of Ahmadiyah. The Court in this case is required to provide the best attitude when faced judicial review in this case still required in addition to guarding the constitution in order to run properly.   Abstrak: Menyoal Kebebasan Beragama dan Penodaan Agama di Indonesia. Kehadiran lembaga Mahkamah Konstitusi di era reformasi merupakan upaya penguatan terhadap dasar-dasar konstitusionalisme pada Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. MK dalam hal ini berperan menegakkan dan melindungi hak-hak konstitusional warga negara (the protector of the citizen’s constitutional rights) dan pelindung HAM (the protector of the human rights). Termasuk dalam hal ini, hak untuk memeluk agama dan menjalankan ibadah serta ajaran agamanya masing-masing, sesuai dengan amanat konstitusi. Namun, disisi lain ada wacana kebebasan berekspresi dan kebebasan berpendapat termasuk didalamnya kebebasan untuk menyiarkan keyakinan dan pemahaman keagamaan yang “menyimpang” dan bertentangan dengan “mainstream” keyakinan dan pemahaman keagamaan pada umumnya, seperti dalam kasus Ahmadiyah. MK dalam hal ini dituntut untuk mampu memberikan sikap terbaik saat dihadapkan judicial review dalam kasus ini selain tetap dituntut untuk mengawal konstitusi agar dapat berjalan sebagaimana mestinya. DOI: 10.15408/jch.v2i2.2314

scholarly journals Peneguhan Reformasi Birokrasi melalui Penilaian Kinerja Pelayanan Publik

2017 ◽  
Vol 20 (2) ◽  
pp. 175 ◽  
Author(s):  
Hayat Hayat
Keyword(s):  
Performance Assessment ◽  
Performance Appraisal ◽  
Research Method ◽  
Public Services ◽  
Competitive Performance ◽  
Civil State ◽  
State Apparatus ◽  
Qualitative Descriptive ◽  
Bureaucratic Reform ◽  
The Village

This study aims to investigate the implementation of performance appraisal of public services in the Village Cemorokandang as a form of affirmation of bureaucratic reform. This research method using qualitative descriptive through surveys, interviews and distributing questionnaires. The result showed that the implementation of performance appraisal of public services in the Village Cemorokandang was successful. The performance assessment it done using the Sasaran Kerja Pegawai (SKP). SKP has significant impacts on the assessment using such as motivation in the competitive performance, namely as a form of motivation in the competition's performance, an objective in its research and targeted who is rated, control the behavior of employees and enhancements to the character of the civil state apparatus.

scholarly journals Alternatif Untuk Meminimalisasi terhadap Pelanggaran HAM dalam Penegakan Hukum Pidana

Wajah Hukum ◽  
2020 ◽  
Vol 4 (1) ◽  
pp. 116
Author(s):  
Ryan Aditama
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Social Status ◽  
Social Inequality ◽  
Criminal Law ◽  
The State ◽  
Human Rights Violations ◽  
Cultural Understanding ◽  
State Apparatus ◽  
History Of

Related to the general provisions of Law No. 39 of 1999 concerning Human Rights, which states that the beginnings of the history of the Indonesian nation to date have recorded various problems including: suffering, misery and social inequality, resulting from unjust and discriminatory acts and actions on ethnic, racial, cultural understanding, language, color, skin, and religion, as well as class, gender, and even social status and others. These unjust and discriminatory acts are included in violations of human rights, both vertically "carried out by the state apparatus itself to citizens or even vice versa" or those that are horizontal "ie between citizens themselves" and do not allow those included in the category for gross violations of the conception of human rights (grossviolation of human rights). This alternative to minimize human rights violations in criminal law enforcement is an effective way to reduce the number of human rights violations in Indonesia.

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