scholarly journals Penolakan Omnibus Law Menurut Paradigma Sosiologi Hukum dan Teori Konflik

2021 ◽  
Vol 6 (1) ◽  
pp. 102
Author(s):  
Nada I Asmani ◽  
Agus Machfud Fauzi
Keyword(s):  
Human Rights ◽  
Middle Class ◽  
Labor Force ◽  
Social Mobility ◽  
Modern Society ◽  
Social Revolution ◽  
The People ◽  
The Law ◽  
Legal Sociology ◽  
Society Today

The Omnibus Law, which has been valid and has become a regulation in the constitution in Indonesia, has experienced many new things in the process and has not opened up the flow of democracy from the people. There were several articles that were changed, especially regarding employment which eventually got rejected in society. Workers as subjects who are bound by the Omnibus Law are also involved in demonstrations and expect a change to the law. In terms of legal sociology, social revolution, as the answer desired by modern society today, will never occur because it is hampered by social mobility through the decomposition of the new labor force and middle class. Articles that have the potential to become a legality tool for suppressing human rights and discriminating against workers against employees must be further guarded by academics so that practices of abuse of the rules in the Omnibus Law will not occur.

Definition and content of the right to freedom of conscience

2021 ◽  
Vol 66 (05) ◽  
pp. 145-148
Author(s):  
Ниджат Рафаэль оглу Джафаров ◽  
Keyword(s):  
Human Rights ◽  
Human Behavior ◽  
The State ◽  
Human Beings ◽  
Freedom Of Conscience ◽  
Key Words Human ◽  
The People ◽  
The Law ◽  
The Right

It can be accepted that the classification of human rights, its division, types, and groups, is of particular importance. The syllogism for human rights can be taken as follows: law belongs to man; human beings are the highest beings on earth like living beings. Therefore, the regulation prevails. The right to freedom is conditional. Man is free. Consequently, human rights are dependent. Morality is the limit of the law. Morality is the limit and content of human actions. Therefore, the law is the limit of human activities. Morality is related to law. Law is the norm of human behavior. Thereby, human behavior and direction are related to morality. The people create the state. The state has the right. Therefore, the right of the state is the right of the people. The state is an institution made up of citizens. Citizens have the privilege. Such blessings as Dignity, honor, conscience, zeal, honor, etc., and values are a part of morality and spiritual life. Morality is united with law. Therefore, moral values are part of the law. Everyone has the right to freedom of thought and conscience. Space is about the law. Therefore, everyone has the right to opinion and conscience. Key words: human rights, freedom of conscience, conceptuality, citizenship

Continuities of Social Mobility in Traditional and Modern Society in India: Two Case Studies of Caste Mobility in Bengal

1971 ◽  
Vol 30 (2) ◽  
pp. 315-339 ◽  
Author(s):  
Hitesranjan Sanyal
Keyword(s):  
Nineteenth Century ◽  
Social Status ◽  
Social Mobility ◽  
Modern Society ◽  
Social Recognition ◽  
Social Prestige ◽  
The People ◽  
External Forces ◽  
Corporate Social ◽  
Ownership Of Land

The Sadgapas and the Tilis, two Bengali castes broke with their parent castes. They formed themselves into new castes which gained higher social status than their parent castes in terms of the local caste hierarchy in Bangal. The emergence of the Sadgopa caste, as distinct from the Tilis, occurred at a period when none of the technological, political, and intellectual developments had yet occurred in Bengal that are generally used to characterize modernization. They were established as a caste by the second decade of the nineteenth century while the history of their growth and development goes back to the second half of the sixteenth century. On the other hand, the Tili movement took an extensive form in the second half of the nineteenth century. The Tilis receives wider social recognition as a caste during the third and fourth decades of the twentieth century. The Tili movement was accelerated by modern conditions. Apparently the external factors helping social mobility varied from the case of the Sadgopas to that of the Tilis. But there are certain common features of development in both cases. Both the Sadgopas and the Tilis had collectively abandoned their traditional occupation to switch over to comparatively more lucrative and prestigious occupations, and became landowners. Complete dissociation from the traditional occupations which identified them with lower social ranks made it easier for the Sadgopas and the Tilis to aspire for better social status. But the crucial factor in their movements for mobility was ownership of land, which enabled them to have direct control over the life of the people in their respective areas and enhance their social prestige and power. This was the source of their strength as distinct groups and die source of their collective power to bargain successfully with the rest of the society for higher status. The incentive of corporate social mobility originated, both under traditional, pre-modern circumstances and under the circumstances of modernization, from the achievement of each group of a sense of corporate solidarity, regarding internal as well as external prestige. This enabled the groups to break away from the parent castes and to form new castes with higher social status. Previous writing on the subject has made this corporate solidarity a function of response to external forces, which are identified with only factors of modernization. It is the contention of this paper that corporate solidarity could have had its genesis in prcmodern times as well and that modernization marked only its acceleration.

scholarly journals Hak Asasi Manusia di Indonesia: Menuju Democratic Governances

2021 ◽  
Author(s):  
phoenix
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
Democratic Governance ◽  
Government Policies ◽  
Democratic Government ◽  
The People ◽  
Five Elements ◽  
The Law

Democratic governance requires the existence of good governance, human rights, and democracy. Obtaining the standard of democratic governance is needed by Indonesia to be internationally accepted. Nonetheless, Indonesia’s record on human rights leads to the understanding that this country has to pay high attention to human rights. Five elements can be contested to evaluate the position of Indonesia in achieving democratic governance. Democracy, in general, is often called from the people by the people and for the people, the people as the majority have a voice in determining the process of formulating government policies through available channels. Several elements must be considered in democratic governance, namely, people's sovereignty, majority power, government based on the approval of those who are ordered, equality before the law, and no less important is the guarantee of human rights to realize a democratic government.

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.

2. Interests in land

2020 ◽  
pp. 13-30
Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair
Keyword(s):  
Human Rights ◽  
Land Law ◽  
The People ◽  
The Law

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter explains how one person may have rights over land owned by another. It identifies the people who may have rights over Trant House—rights that could be enforced not only against Vernon, the fee simple owner, but also against anyone who acquires the property from him. The discussions cover interests in land; legal interests; equitable interests; legal and equitable interests compared; the multiplicity of rights; the classification of property; and human rights.

Frontiers of International Law, Part One: The Chechen People, Continued

1997 ◽  
Vol 10 (1) ◽  
pp. 16-20
Author(s):  
René Lefeber ◽  
David Raič
Keyword(s):  
Human Rights ◽  
International Law ◽  
Self Determination ◽  
Military Force ◽  
Right To Life ◽  
Customary International Law ◽  
Parent State ◽  
The People ◽  
The Law ◽  
The Right

We agree with André de Hoogh that the Chechens did not possess a right to external self-determination prior to the massive indiscriminate use oi military force by Russia in December 1994. At no point have we argued or suggested otherwise. Hence, up to December 1994, the Chechen claim did indeed not meet the conditions set by paragraph seven of the Friendly Relations Declaration. However, the Friendly Relations Declaration needs to be interpreted in view of usus and opinio iuris. In other words, one has to analyse how this paragraph has developed in customary international law. According to our analysis of the law of self-determination, the emergence of a right to external self-determination depends on two cumulative conditions, viz. 1) the serious and persistent violation of the right to internal self-determination and 2) the exhaustion of all total and international peaceful remedies by the people concerned to effectuate its right to internal self-determination. These conditions must be deemed fulfilled if the parent state seriously and massively violates the fundamental human rights and freedoms – in particular by an arbitrary violation of the right to life – of the persons belonging to the people concerned.

scholarly journals Dismissal of KPK Employees from Legal Positivism and Alternative Solutions

2021 ◽  
pp. 175
Author(s):  
Dominikus Dalu Sogen ◽  
Dewa Ayu Putri Asvini ◽  
Detty Kristiana Widayat
Keyword(s):  
Human Rights ◽  
Legal Theory ◽  
Legal Positivism ◽  
Constitutional Court ◽  
Human Right ◽  
The Public ◽  
Positive Law ◽  
The People ◽  
National Human ◽  
The Law

Studying the philosophy of law means studying various schools of law. Amongst the variety of legal theories, there are adherents of legal positivism or the positive legal theory postulated by John Austin (a philosopher whose thoughts on law are outlined in a work entitled The Province of Jurisprudence Determined 1832). Are Austin's thoughts still relevant for the practice of law inthe modern era, considering that law is made for the public interest? Is it appropriate for the law to be made by authorities (superior) to bind subordinates (inferior), whereas the people are only in a position to obey the law? In a functioning democracy public participation is important in decision-making by the elected legislators. Presumably, law is not made arbitrarily or unilaterally, but it is supposed to take into account the interest of the public or the interest of the groups it is designed to address. A prominent example currently in the public spotlight isthe dismissal of 57 Corruption Eradication Commission (KPK) employees due to their stated ineligibility following their failure to pass the National Insight Test Assessment. For this matter, a judicial review (JR) has been requested from the Constitutional Court and the Supreme Court who in the meantime have published their decisions. In addition, there have been recommendations from the National Human Rights Commission (Komnas HAM) and the Indonesian Ombudsman regarding the occurrence of human rights violations and maladministration in the transfer of KPK employees to ASN. Where JR's decision by the two judicial institutions is different from what is recommended by Human Right Commission and the Indonesian Ombudsman. Here it can be seen that there are differences in the application of the law with the positive law that applies and is detrimental to the rights of KPK employees.

scholarly journals “COUNTER-REVOLUTIONARY CRIMES” IN AGRICULTURE OF UDMURTIA IN THE 1930s

2019 ◽  
Vol 29 (4) ◽  
pp. 614-624
Author(s):  
V.V. Filatov
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Soviet Power ◽  
Rural Residents ◽  
The People ◽  
State Economy ◽  
History Of ◽  
Actual Material ◽  
The Law ◽  
The Village

The article is devoted to one of the tragic periods in the history of Udmurtia and the whole country. The repressions of the 1930s affected many people in one way or another. Of particular importance was the law enforcement of state crimes, especially the so-called counter-revolutionary crimes. The actual material of that time showed a violation of human rights. Everyone could be declared and condemned as a counter-revolutionary, regardless of his or her position. As a result of repressions, first of all wealthy peasants suffered. They were declared counter-revolutionaries, the main opponents of all actions of the Soviet power in the village. The failures of the collective and state economy were attributed to the enemies of the people, the activities of counter-revolutionary organizations. Protection from mythical criminals turned into punitive actions, into organized Big Terror. The Udmurt regional material shows that repressions against rural residents and other segments of the population on counter-revolutionary crimes did not differ from other regions of the country.

scholarly journals LAW POLITIC OF ADMINISTRATIVE COURT JUDICATURE IN INDONEESIA

2019 ◽  
Vol 3 (1) ◽  
pp. 47
Author(s):  
Wahyu Mukti Beny Setiyawan ◽  
Fitriya Desi Wulandari
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal System ◽  
The State ◽  
The Rule Of Law ◽  
The People ◽  
The Law ◽  
Administrative Courts ◽  
Administrative Justice

Law politic present at the point of encounter between living realism and the demands ofidealism. Political law concerns on an ideal or hope, then there is a legal vision that is setin advance, then the form and content of the law are built to realize that vision. Theurgency existence of administrative justice in realizing the rule of law encourages thegovernment to establish a legal system in the field of administrative justice through theestablishment of Law Number 51986 about State Administrative Courts, which is thefoundation for the establishment of a State Administrative Court in Indonesia. In theexplanation of Law Number 5 of 1986 stated that the State Administrative Court was heldin order to provide protection to the people seeking justice, which felt themselves to beharmed by a State Administrative Decision. Principly, a country is expected to giveprotection for the human rights of its citizens

scholarly journals KESENIAN DAN TEKNOLOGI DI ERA DISRUPSI (Studi Terhadap Akun Instagram Madihin @gazali_rumi)

2020 ◽  
Vol 18 (2) ◽  
Author(s):  
Rahmi Hartati ◽  
Najla Amaly
Keyword(s):  
Social Media ◽  
New Media ◽  
Service Providers ◽  
Modern Society ◽  
Daily Activities ◽  
Internet Service ◽  
Traditional Art ◽  
The People ◽  
The Media ◽  
Society Today

Instagram is one of the most popular social media in the new media age community, including the people of Indonesia. Based on survey data released by the Indonesian Internet Service Providers Association (APJII) in 2016 there were 19.9 million Instagram accounts registered. Instagram not only uses the media to post pictures of daily activities, but already uses promotional facilities and to preserve the culture. Madihin is a culture originating from South Kalimantan. The @gazali_rumi account is an Instagram account that has Madihin art posts. Social media can be the latest innovation in preserving this traditional art, while social media has become a characteristic of modern society today.

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