scholarly journals THE IMPLEMENTATION OF SURAKARTA REGIONAL REGULATION NUMBER 2 YEAR 2008 ABOUT DISABILITY EQULITY OF TRANSPORTATION FACILITY ACCESSIBILITY

2017 ◽  
Vol 2 (1) ◽  
pp. 92
Author(s):  
Kuni Nasihatun Arifah

The fulfillment of Human Rights is one of the indicators of a Legal State, Indonesia as a State of law mandated in the body of the 1945 Constitution of the State's obligation to fulfill human rights for every citizen of his country without exception including to the disabled, disabled is one of the citizens who are prone to discrimination. Perda Kota Surakarta No.2 Year 2008 about disability equality regulates the rights and obligations of the disabled and the obligation of government in realizing equality of disability including physical accessibility in public transportation and public service. In order to implement the regulation, regulation can be implemented. The form of impelemntasi aksebilitas public transportation facilities in Surakarta is with the BST (Bus Trans Surakarta) , halte bus and bus Begawan Abiyasa. After  implementation is run, there is an effort to increase Accessibility that is with the supervision of local regulations, the construction of tirtonadi terminal, and coordination.Hambatan that the Government in the effort to fulfill the right of accessibility Public transportation is a matter of funds and coordination between agencies.The result of the research shows that the implementation of the rights of  Perda No.2 of 2008 on disability equality in Surakarta through three processes namely socialization, coordination and implementation and supervision and assessment, all of which have been running well but still require a lot of improvement especially in terms of coordination of implementation.

2020 ◽  
Vol 32 (2) ◽  
pp. 297-319
Author(s):  
Norita Azmi ◽  
◽  
Salawati Mat Basir

Issues related to the disabled right in the country continue to attract criticism and debate, as implementation is very slow and weak. The disabled have the right to live like other normal people, which includes protection in times of danger and emergency. One of the important mechanism for the care of the disabled is through legal means. The government has signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) as part of its efforts to empower and protect this minority group. As such, the government has taken the initiative to enact the Persons with Disabilities Act 2008 and ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2010 as one of the government’s commitments in complying with international human rights conventions as long these do not against the Federal Constitution. This article aims to uncover and analyse the legal provisions in Malaysia relating to the disabled and their right to live, as stated in the Federal Constitution and relevant legal provisions. In essence, this shows that Malaysia, as a member of the UN, is bound to adopt international laws and treaties on human rights if these do not violate local norms and values. At the end of the discussion, some ideas are presented as solutions for the government to improve the issue of disabled persons so that in the eyes of the world, Malaysia will be recognized as one of the countries that cares for and defends its disabled, in line with the Convention on the Rights of Persons with Disabilities 2008.


2013 ◽  
Vol 7 (1) ◽  
pp. 7
Author(s):  
Doni Budiono

The  authority  of justice in Indonesia  is executed by  the Supreme Courts and  the  justice  boards/body under the Supreme Courts, including  the general  justice, religious affairs justice, military justice,  state administration  justice,  and  the Constitution Court. According to  certainty in  the Act of  Tax Court, Article1, clause  (5),  tax  dispute   refers to the legal dispute arising in the  taxation  affairs between the  tax payer or the  body  responsible for the  tax with   the government   executives  ( Directorate General of Tax) as the consequence of   the issue of  the decree for the  appeal  to the Tax  Court in accordance with the  tax Act, including the  charge  against the  execution of collection   in accordance with the  Act of Tax Collection by force. The  formation of Tax Court is  designed by  the Executives, in this case, the  Department of Finance, specifically  the Directorate   General  of Tax  which has the right to issue  law  more technical about  tax accord to Article 14,  letter A,  President Decree  no. 44  year 1974,  concerning the  basic  organization of the Department.  Based on  it,  it  is clear that  in addition to execute the government  rules and policy,  this body  has to execute judicial   rules and policy. This is against the  principles of  Judicative  Power/Authority in Indonesia,  which   clearly states that this body  should be under the Supreme Court.   Therefore. It is suggested that   the Act  No UU no.14 Year 2012 concerning  Tax Court   be revised  in accordance with the system of  Power Division  of Justice  as  stated in 45 Constitutions.


2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi

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.  


2021 ◽  
Vol 5 (IV) ◽  
pp. 34-42
Author(s):  
Dr. Ram Charan Meena,

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights. The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.


2021 ◽  
Vol 1 (1) ◽  
pp. 27-35
Author(s):  
Yusnani Hasyimzum ◽  

Abstract Children, both boys and girls, are considered state assets because they represent the nation's future generation. Children's development and growth require special consideration and protection on the part of parents, family, society, nation, and state. Children's constitutional rights are regulated in the 1945 Constitution, which guarantees the welfare of every citizen, including protection against violations of children's rights, which are considered human rights. Every child has the right to survival, growth, and development, as well as the right to be protected from violence and discrimination, as mandated by the 1945 Constitution of the Republic of Indonesia; additionally, every child has the right to survival, growth, and development, as well as the right to be protected from violence and discrimination; The issue is why the constitutional rights of children who have been neglected as a result of divorce have not been fully complied with and what legal safeguards have the government implemented to reduce the number of child neglect victims.


2015 ◽  
Vol 32 (1) ◽  
pp. 121
Author(s):  
David DesBaillets

The case of Tanudjaja v. Attorney General, represents an unprecedented opportunity for Canadian legal scholars to examine the right to adequate housing in the Canadian human rights context. It is the only legal challenge that broaches directly the right to housing under Canadian law, basing its arguments on two key elements contained in Charter of Rights and Freedoms: sections 7 and 15. Moreover, the case represents an attempt by the claimants to bolster their Charter claim with reference to housing rights found in international human right’s law. For Canadian housing rights’ scholars, this decision, though ultimately quite negative in its conclusions, demonstrates the need for a better understanding of the intersection between international legal norms on human rights on the one hand, and the Charter, on the other. It does not, however, adequately portray the full extent of the former’s influence on the latter, as Justice Lederer of the Ontario Superior Court of Justice, failed to address the importance of international legal doctrine with respect to the interpretation of positive social and human rights in the Canadian legal context. In particular, he ignored the growing body of Charter related cases and precedents in Canadian jurisprudence that shed light on the complex relationship between fundamental human rights enshrined in various international legal documents and the recognized positive obligations they impose on the government of Canada to implement them under such long established treaties as the Covenant of Economic Social and Cultural Rights.   In this comment, the author makes a critique of the analysis undertaken by Judge Lederer with regards to the relevance of international human rights norms in the context of Tanudaja, by comparing it with past Charter jurisprudence involving the impact of these on Canadian human rights claims.  L’affaire Tanudjaja c. Attorney General est une occasion unique pour les spécialistes en droit du Canada d’examiner le droit à un logement adéquat dans le contexte des droits de la personne protégés au Canada. Il s’agit du seul litige dans lequel le droit au logement en droit canadien est abordé directement sous l’angle de deux dispositions clés de la Charte canadienne des droits et libertés : les articles 7 et 15. De plus, dans cette même affaire, les demandeurs ont tenté d’étoffer leur allégation fondée sur la Charte en invoquant les droits au logement reconnus dans le droit international sur les droits de la personne. Pour les spécialistes en matière de droits au logement au Canada, malgré les conclusions plutôt négatives qui y sont tirées, cette décision illustre la nécessité de mieux comprendre l’interaction entre les normes juridiques internationales sur les droits de la personne, d’une part, et la Charte, d’autre part. Cependant, elle ne décrit pas adéquatement l’ampleur de l’influence des premières sur la seconde, puisque le juge Lederer, de la Cour supérieure de justice de l’Ontario, n’a pas abordé l’importance de la doctrine juridique internationale relative à l’interprétation des droits sociaux et humains positifs dans le contexte juridique canadien. Plus précisément, il a ignoré le nombre croissant de décisions canadiennes liées à la Charte qui ont mis en lumière la relation complexe entre les droits humains fondamentaux garantis dans différents documents juridiques internationaux et les obligations positives reconnues que ces textes imposent au gouvernement du Canada en ce qui a trait à la mise en œuvre de ces droits en conformité avec des traités d’aussi longue date que le Pacte international relatif aux droits économiques, sociaux et culturels. Dans ce commentaire, l’auteur critique l’analyse que le juge Lederer a menée au sujet de la pertinence des normes internationales à l’égard des droits de la personne dans le contexte de l’affaire Tanudaja, en comparant cette analyse à des décisions antérieures concernant la Charte et faisant état des répercussions de ces normes sur les revendications fondées sur les droits de la personne au Canada. 


2019 ◽  
Vol 8 (3) ◽  
pp. 8785-8791

The presence of the digital industry is driving changes in the modes of public transportation from conventional to modern using online applications. The positive impact of the presence of the digital industry especially on line transportation for the community is the existence of new jobs and sources of income. But on the other hand, the presence of on line transportation also presents various problems. This study uses mixed methods with a qualitative main approach and supported by a quantitative approach. The results show that there are problems in social welfare and social protection for two-wheeled online transportation riders which caused by a legal vacuum in the status of the partnership pattern. Therefore, the researcher proposes a partnership agreement model involving the government as the party that has the right to determine the regulation, and in the agreement process requires a bargaining process so that the welfare of two-wheeled online transportation riders as informal sector workers can be fulfilled


2012 ◽  
Vol 11 (1) ◽  
pp. 67
Author(s):  
Habib Shulton Asnawi

In the normative level, generally all agreed to place women are equal to men, that is the position as humans, as well as the servant of Allah. Women are recognized to have a number of rights and freedoms, including the right to engage in politics, especially in the organization of the Islamic society. To strengthen the protection of women's rights, the government of Indonesia to make a policy or legislation (political law), both to improve policies of national legislation and policies ratified international law. However, when the policy (political law) or a pattern of gender relations between men and women drawn into operational a practical level, it appears that a long debate and a serious problem occurs. The rights of women experiencing prolonged discrimination, discrimination and marginalization occurs at the level of political rights and policies in the organization of Islamic society. In Indonesia, the rights of women in Islamic society organization, still have enough depth concerns. The pro and contra related to gender equality in Indonesia, particularly in the field of Islamic society organizations would affect the wheels of government in Indonesia, particularly in relation to the State of trademark law is the protection and freedom of human rights. Therefore, policies need to be related to equality between men and women both fair and legal.


2019 ◽  
Vol 4 (3) ◽  
pp. 315
Author(s):  
Kholis Rroisah ◽  
Wendy Budiati Rakhmi

Freedom to gain knowledge, information and technology is very important by everyone including blind people which one realized the right of access to literary works through the Marrakesh Treaty 2013. Regulation about facilitating access to copyright of published works for blind people in Indonesia is still considered inadequate to give protection in the implementation of freedom to gain knowledge. This study applied normative juridical approach described descriptive-analytically. Accessibility to the scientific work of the blind people is a part of human rights which must be respected, protected and fulfilled by the State. The Government has an important role in the realization of the wider access of the disabled by formalizing the governmental regulation in accordance with the mandate of Article 44 paragraph (4) of the Copyright Act 2014 and the Government shall immediately establish The Disabilities National Commission granted the authority and responsibility to fulfill the facilitation of access for blind people and limited reading by guiding Marrakesh Treaty or by looking at other country's regulatory practices.


2021 ◽  
Vol 5 (3) ◽  
Author(s):  
Yulia Emma Sigalingging ◽  
Aris Prio Agus Santoso

Referring to Article 28H paragraph (1) of the 1945 Constitution, the Government has tried to ensure the health of its citizens through the Covid-19 Vaccination program, but there are still people who refuse to be given the Covid-19 vaccination, and this has become a pro and con in the community. The formulation of the problem in this study is how to set sanctions for refusal of Covid-19 vaccination and how the right to refuse the Covid-19 vaccination is viewed from the point of view of Human Rights. This research method uses a normative juridical approach, with data collection from literature studies. The data obtained were analyzed qualitatively. Based on the results of the study, it was found that the sanctions for refusing the Covid-19 vaccine were in the form of imprisonment of 6 months to 1 year in prison or a fine of Rp. 500,000 - Rp. 1,000,000. In addition, there are sanctions in the form of delaying or discontinuing the provision of social security or social assistance, delaying or discontinuing government administrative services, and fines. In fact, refusing to be vaccinated against Covid-19 is a form of individual freedom that cannot be forced with all considerations to express his aspirations regarding the risks and consequences to his body. Where this should be respected by the Government as stated in Article 28J Paragraph (1) of the 1945 Constitution


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