scholarly journals The Phenomenon of Dynastic Politics Following Constitutional Court Decision Number 33/PUU-XIII/2015

2021 ◽  
Vol 23 (2) ◽  
Author(s):  
Ilham Dwi Rafiqi ◽  
Febriansyah Ramadhan
Keyword(s):  
Human Rights ◽  
Local Politics ◽  
Court Decision ◽  
Constitutional Court ◽  
Family Ties ◽  
Regional Autonomy ◽  
The Government ◽  
Dynastic Politics ◽  
The Right ◽  
Local Levels

This research aims at breaking down the dynamics of dynastic politics after the 2020 simultaneous general election and the dynamics between the nomination of regional heads and dynastic politics following the issuance of the Constitutional Court decision no. 33/PUU-XIII/2005.  The research found that this local politics phenomenon is triggered by the policy on regional autonomy and decentralization after reformation in bringing about new groups with family ties at local levels who occupy positions in the government.  Going by the excuses of freedom and human rights, the groups in this dynastic politics have seen a gradual increase in quantity overtime.  This increase happened after the Constitutional Court decision no. 33/PUU-XIII/2015 ruled in their favour.  In the ruling, the Court took human rights into their main consideration for reversing the ruling against the ban on the dynastic politics law, which in Article 7 (r) UU 1/2015 may give the impression that the right to political participation is removed.

Korea’s Landmark Case for Improving the Legal Process for Asylum Seekers

2015 ◽  
Vol 3 (2) ◽  
pp. 171-188
Author(s):  
Il Lee
Keyword(s):  
Asylum Seekers ◽  
Court Decision ◽  
District Court ◽  
Constitutional Court ◽  
Refugee Status ◽  
High Court ◽  
Determination Process ◽  
Referral Decision ◽  
The Government ◽  
The Right

The purpose of this article is to analyze the principle of non-refoulement as applied in four important recent Korea court decisions regarding the asylum-seeking process at ports of entry. Incheon District Court decision 2014 Gu-Hab 30385 and Seoul High Court decision 2014 Nu 52093 concern a non-referral decision; Inchon District Court decision 2014 In 39 concerns illegal airport detention; and Constitutional Court decision 2014 Heon-Ra 592 concerns the right to counsel. In these cases, the courts ordered changes to the previous detention and deportation system and recognized the right to counsel by asylum applicants at ports of entry. As the Korean refugee status determination process is biased towards denying entry to unwelcome foreigners and biased against recognizing refugees, it is important to recognize the duty of the government to develop a better system at ports of entry in order to prevent the unjustified deportation of asylum seekers back to their country of origin.

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 Economic Analysis of Law and Protection of Economic and Social Rights

2021 ◽  
pp. 103-133
Author(s):  
Mykhailo Savchyn
Keyword(s):  
Human Rights ◽  
Direct Action ◽  
Social Rights ◽  
Constitutional Court ◽  
Economic Analysis Of Law ◽  
Private And Public ◽  
The Government ◽  
Principle Of Proportionality ◽  
The Right

The article reveals the mechanism of ensuring human rights through the prism ofeconomic analysis of law and weighing of constitutional values. The relationship between the economicanalysis of law and the principle of proportionality as criteria for the protection of economic andsocial rights is to ensure a balance of private and public interests. The principle of proportionalityis important in defining the non-discrimination and guaranteeing equal access to social assistance.The first part reveals the role of constitutional justice in protecting economic and social rights.The Constitutional Court of Ukraine protects economic and social rights in accordance with theconstitutionally conforming interpretation of laws pursuant to doctrines of direct action and thehorizontal effect of human rights. The second part of the paper focuses on the role of administrativejustice in the protection of social rights, in particular in the light of the legal construction of humanrights. Finally, differentia specifica protection of the social rights on the example of the right tofreedom of choice of occupation and profession and the right to medical care are highlighted. Thedoctrine of the duty to protect orients the government first of all to provide the infrastructure forthe realization of human rights while respecting human dignity and to take negative and positiveactions to ensure human rights.

scholarly journals Penegasan Peran Negara dalam Pemenuhan Hak Warga Negara Atas Air

2016 ◽  
Vol 12 (2) ◽  
pp. 353
Author(s):  
Helmi Kasim
Keyword(s):  
Water Management ◽  
Human Rights ◽  
Water Resources ◽  
The State ◽  
Constitutional Court ◽  
State Control ◽  
Access To Water ◽  
The Government ◽  
Private Corporations ◽  
The Right

This writing analyses access to water not merely as a right but as human  rights. Since the right to water constitues human rights, then constitutionally, the state, mainly the government, is obliged to respect, fulfil and protect that right. In order that the government can perform its obligation to fulfil the right of citizens   to water, the sate should put control of water under the power of the state. Thus, there are two perspectives in fulfilling the rights of citizens to water, human rights perspective and the perspective of state control. From the perspective of human rights, the 1945 Constitution has stipulated the obligation of the state in fulfilling the human rights of citizens including the right to water as stated in Article 28I paragrahp (4). From the perspective of state control over water resources, the 1945 Constitution has also determined constitutional standard as stipulated in Article 33. This concept of state control based on Article 33 has been interpreted by the Constitutional Court in its decisions. Specifically, in the decision concerning the law on water resources, the Court returned control over water to the state. The Court  set some limitations on how to utilize water resources. Private corporations are still allowed to participate in water management with strict conditions. The enhancement of this control by the state over water is intended to guarantee the fulfilment of the right of citizens to water. As an idea, monopoly of the state over water resources might be also be considered just like monopoly of state over electricity.

scholarly journals Appeal Against Acquittal By The Prosecutor: Critical Comments on The Indonesian Constitutional Court Decision

2019 ◽  
Vol 2 (1) ◽  
pp. 1-17
Author(s):  
Aristo Pangaribuan
Keyword(s):  
Supreme Court ◽  
Judicial System ◽  
Court Decision ◽  
Constitutional Court ◽  
Competing Values ◽  
The Supreme Court ◽  
Lower Courts ◽  
The Government ◽  
The Right

In 2013, the Indonesian Constitutional Court ended the debate concerning the constitutional validity of the right to appeal against acquittal by the prosecutor. Such a question has a long history not only in the Indonesian judicial system. In their decision, the court concluded that the government should have the power to appeal against acquittal to the Supreme Court because of its supervisory function over the lower courts. However, the decision was not unanimous, and there was one dissenting opinion from justice Harjono, who is in favor of protecting the rights of the acquitted defendant. This article is trying to examine the decision and underlined the issue of two competing values, namely finality, and accuracy that was debated in the decision, even though the court did not explicitly mention it. In the end, this article finds that the court gives more importance to the accuracy of the conviction and less to their finality.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

Simoncioni v. Germany

2015 ◽  
Vol 109 (2) ◽  
pp. 400-406
Author(s):  
Riccardo Pavoni
Keyword(s):  
Human Rights ◽  
Crimes Against Humanity ◽  
Access To Justice ◽  
Constitutional Court ◽  
Sovereign Immunity ◽  
International Court Of Justice ◽  
International Court ◽  
Compensation Claims ◽  
The Right ◽  
Right Of Access

With Judgment No. 238/2014, the Italian Constitutional Court (hereinafter Court) quashed the Italian legislation setting out the obligation to comply with the sections of the 2012 decision of the International Court of Justice (ICJ) in Jurisdictional Immunities of the State (Germany v. Italy; Greece intervening) (Jurisdictional Immunities or Germany v. Italy) that uphold the rule of sovereign immunity with respect to compensation claims in Italian courts based on grave breaches of human rights, including—in the first place—the commission of war crimes and crimes against humanity. The Court found the legislation to be incompatible with Articles 2 and 24 of the Italian Constitution, which secure the protection of inviolable human rights and the right of access to justice (operative paras. 1, 2).

Legal Pluralism, Human Rights and the Right to Vote: The Case of the Noken System in Papua

2021 ◽  
Vol 22 (2) ◽  
pp. 255-286
Author(s):  
Ignatius Yordan Nugraha
Keyword(s):  
Human Rights ◽  
Local Population ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Right To Vote ◽  
The Right ◽  
Legal Pluralist

Abstract The goal of this article is to explore the clash between international human rights law and a legal pluralist framework in the case of the noken system and also to investigate potential solutions to the clash. Elections in Indonesia are generally founded on the principle of direct, universal, free, secret, honest and fair voting. There is a notable exception in the Province of Papua, where tribes in the Central Mountains area are following the noken system. Under this system, votes are allocated to the candidate(s) based on the decision of the big man or the consensus of the tribe. The Indonesian Constitutional Court has accepted this practice as reflecting the customs of the local population. However, this form of voting seems to be contrary to the right to vote under international human rights law, since article 25(b) of the International Covenant on Civil and Political Rights stipulates that elections shall be held genuinely by universal suffrage and secret ballot to guarantee the free will of the electors. Consequently, the case of the noken system in Papua reflects an uneasy clash between a legal pluralist approach and universal human rights.

scholarly journals Primary law in medicine, its legal nature

2018 ◽  
Vol 40 ◽  
pp. 01002
Author(s):  
K. Zarins
Keyword(s):  
Supreme Court Decision ◽  
Court Decision ◽  
Constitutional Court ◽  
Right To Life ◽  
Economic Interests ◽  
Economic Opportunities ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Right

Thework will discuss the problems arising from the thesis that the economic opportunities are incompatible with the person's primary law - the right to life and equality of treatment. An actively maintained hypothesis claims that the country's economic opportunities and funding should not restrict or reduce a person's right to life and health. In this aspect, it will also study the role of the constitutional court. The author points to the fact that the adoption of such, here the Supreme Court decision, successive constitutional court for a preliminary inaccurate claim and interpretation of the country's economic interests, could deny the right of people to life only after the consideration that they are of no use and financially expensive to be maintained.

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.  

Sign in / Sign up

Export Citation Format

Share Document