The ex-PKI Political Prisoners Motive to Produce the Memories of 1965/66 Mass Violence in West Sumatra

This article analyses ex-PKI political prisoners' motive to produce their memory about mass violence and detention in 1965/66. They joined the YPKP (Yayasan Penelitian Korban Pembunuhan/Institute for Research on the victims 1965/65). In this organization, they expect justice for what they experienced in 1965. This article uses qualitative research. We acquire the data by interview and literature study. There are six interviewers –five of them are ex-PKI political prisoners, and one is the chairman of the YPKP branch in West Sumatra. Besides the interview, we also use relevant books, articles, newspapers, archives, and web pages. We employ the social memory approach to analyse this subject. The ex-PKI political prisoners' memory of violence had shaped the same vision between them to produce the memories of what they have experienced during 1965/66. Therefore, the old ex-political prisoners expected to straighten history to reconcile the government and the victims. They attempt to counter the state narration that mentions they had a part in the 30 September 1965 Movement to hold the coup and prove that the state victimized them for decades. Along with the straightened history, there are two primary purposes in this reconciliation they are fighting for; 1) Confession of the state that human rights violations had taken place; 2) Recovery and rehabilitation for those who had become the victim of human rights violations.

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Perlindungan Hak Asasi Manusia terhadap Narapidana Narkotika Sebagai Warga Binaan Pemasyarakat Menurut Undang-Undang Nomor 12 Tahun 1995 Tentang Pemasyarakatan

Wajah Hukum ◽

10.33087/wjh.v3i2.69 ◽

2019 ◽

Vol 3 (2) ◽

pp. 192

Author(s):

Sigit Somadiyono ◽

Nella Octaviany Siregar

Keyword(s):

Human Rights ◽

Daily Life ◽

Correctional Officers ◽

The State ◽

Human Rights Violations ◽

Daily Lives ◽

Human Rights Protection ◽

Rights Protection ◽

Human Rights Act ◽

The Government

This research specifically discusses the human rights of prisoners as prisoners in prison, which in their daily lives must be respected, upheld and protected by the state, the law (in this case the Penitentiary Act to be in line with the Human Rights Act), the government through the apparatus is correctional officers and fellow inmates. Prisoners in their daily life can make mistakes and lives that are in contact with human rights violations. The object of this research is the human rights of inmates as prisoners in prison (WBP). The formulation of the problems in this study are (1) How are the human rights protection arrangements for prisoners in prison according to Law Number 12 of 1995; and (2) How is the implementation of human rights protection for narcotics prisoners in prison in East Tanjung Jabung Regency. This study uses Law Number 12 of 1995 Concerning Corrections and other derivative regulations. The results showed that there were differences in the implementation of human rights protection for prisoners with Law Number 12 of 1995 Concerning Corrections.

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IMPLEMENTASI PRINSIP KEBEBASAN BERAGAMA DAN BERKEYAKINAN DI INDONESIA (Studi Kasus: Tanggung Jawab Negara dalam Konflik Sampang, Madura)

Jurnal Pembaharuan Hukum ◽

10.26532/jph.v4i1.1649 ◽

2017 ◽

Vol 4 (1) ◽

pp. 91

Author(s):

Rizky Adi Pinandito

Keyword(s):

Human Rights ◽

The State ◽

Religious Conflict ◽

Freedom Of Religion ◽

State Responsibility ◽

Human Rights Violations ◽

Government Officials ◽

Security Forces ◽

The Government

The purpose of this study is to explain in depth how the responsibility of the state c.q Government of Indonesia against violations of the principle of freedom of religion in the case of Sampang, Madura. The method of approach used in this research is normative juridical in discussing the issue of implementation of protection and guarantee to freedom of religionand belief which is regulated in constitution and Indonesian legislation system and how state responsibility to religious conflict happened in Sampang, Madura, Jawa East. The results of the research conducted in the case of Sampang are, the security forces do not act or do omission(omission) in the event of riots. In addition, the government’s attitude that provoked provocation was shown by the MUI who issued a decree stating that the Shia taught by Tajul Muluk is heretical. The State should (in this case the Police) take precautions. Therefore, the State c.q The Government of Indonesia is obliged to provide compensation, restitution and rehabilitation to victims of human rights violations as well as to give legal assertiveness to all perpetrators of riots including government officials who allow the riots of human rights violations

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Reframing Indigenous Territories: Private Property, Human Rights and Overlapping Claims

American Indian Culture and Research Journal ◽

10.17953/aicr.38.4.6372163053512w6x ◽

2014 ◽

Vol 38 (4) ◽

pp. 3-28 ◽

Cited By ~ 11

Author(s):

Brian Thom

Keyword(s):

Human Rights ◽

Indigenous Peoples ◽

Private Property ◽

Indigenous Rights ◽

The State ◽

Human Rights Violations ◽

The Core ◽

Indigenous Territories ◽

The Government ◽

Government Of Canada

This paper considers the implications of the powerful "overlapping territories" map produced by the government of Canada in its attempt to refute human rights violations charges brought by Hul'qumi'num Treaty Group at the Inter-American Commission on Human Rights. The map is at the core of Canada's defense in that it suggests that overlapping indigenous territories negate claims of exclusivity over the land and therefore any kind of obligations the state may have in respect of human or other indigenous rights in those lands. Revealing the limits of cartographic abstractions of indigenous spatialities, as well as the perilous stakes for indigenous peoples when engaging in conventional discourses of territoriality, these issues have broad significance.

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Les droits de la personne et la politique étrangère canadienne : le cas de l’Indonésie

Études internationales ◽

10.7202/701043ar ◽

2005 ◽

Vol 11 (2) ◽

pp. 223-238 ◽

Cited By ~ 2

Author(s):

Kim Richard Nossal

Keyword(s):

Human Rights ◽

International System ◽

Political Prisoners ◽

Human Rights Violations ◽

Policy Action ◽

General Observation ◽

Trade Offs ◽

Canadian Foreign Policy ◽

The Government

Margaret Doxey has argued that there exists a "rhetoric gap" between the lofty pronouncements of Canadian governments on the question of human rights violations by other governments in the international System and the actions of the Canadian government. This paper argues that specific external constraints will hamper any attempt by governments in Ottawa to transform the rhetoric of official statements into direct policy action. This paper examines Indonesian-Canadian relations during the 1970s as a case study, and concludes that economic, strategic and diplomatic imperatives and interests proved more compelling than concerns over the treatment of political prisoners by the government of General Suharto, or concerns over the Indonesian invasion of Timor. The specific case study suggests a more general observation about human rights and Canadian foreign policy : that where trade-offs must be made, economic and diplomatic interests will tend to prevail over concerns about human rights violations.

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Perilaku Kekerasaan Dalam Rumah Tangga Sebagai Pelanggaran Hak Asasi Manusia

JOURNAL OF LEGAL RESEARCH ◽

10.15408/jlr.v1i6.14418 ◽

2020 ◽

Vol 1 (6) ◽

Author(s):

Ahmad Mukri Aji

Keyword(s):

Domestic Violence ◽

Human Rights ◽

Research Method ◽

Legal Protection ◽

Secondary Data ◽

Criminal Code ◽

Social Dimension ◽

Literature Study ◽

The Social ◽

The Government

Abstract:Domestic violence is a behavior that can be categorized as a violation of human rights. Because this behavior results in disruption of the social dimension of humanity, due to actions that do not humanize humans in general. Even in the context of domestic violence, the perpetrators who are supposed to protect even commit acts of violence, mistreatment, intimidation and even the loss of the victim's life. The research method uses the normative juridical method, using secondary data obtained through literature study and analyzed qualitatively. The results and discussion of this study are that there are aspects of human rights violations that occur in domestic violence behavior. So the government is obliged to take action in the form of legal protection for victims by ensnaring the perpetrators with laws and regulations. Both the Criminal Code and the Law on the Elimination of Domestic Violence.Keywords: Domestic Violence Behavior, Human Rights, Violence.

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Certification of fisheries human rights and its impact to protecting the rights of fishing vessel crew

Jurnal Ilmiah Hukum LEGALITY ◽

10.22219/ljih.v29i1.14652 ◽

2021 ◽

Vol 29 (1) ◽

pp. 63-81

Author(s):

Muhammad Nur ◽

M. Hajir Susanto

Keyword(s):

Human Rights ◽

Human Rights Violations ◽

Human Beings ◽

Fishing Vessel ◽

Literature Study ◽

Indonesian Seas ◽

Fishing Boat ◽

Fishing Vessels ◽

The Government ◽

Cooperation System

The crew of fishing vessels is human beings, the absolute owners of human rights that have been universally recognized. To anticipate and overcome many human rights violations in the Indonesian seas, the Government, through the Ministry of Marine Affairs and Fisheries issued a Regulation of the Minister of Marine Affairs and Fisheries Number 35 of 2015 concerning Fisheries Human Rights Systems and Certification. This research further describes how the provisions of the fisheries' human rights certification and analyzes their impact on protecting human rights for fishing vessel crews in Indonesia. The author uses a normative juridical research method by examining library materials or other secondary materials. The data collection method used is a literature study. The tools used are documents in the form of primary, secondary, and non-legal legal materials. The data obtained were analyzed qualitatively and then presented descriptively. This study found that there are various forms of human rights violations against fishing boat crews. Ministry of Marine Affairs and Fisheries then enforces regulation to prevent human rights violations by business actors against fishing vessel crews. There are several weaknesses in regulations and implementations, namely weaknesses in wage system arrangements, limited regulatory targets, the involvement of workers and employers' representatives in the fisheries human rights team that is not clear, weaknesses of the coordinating system for fisheries human rights teams with supervisors employment, weaknesses of fisheries human rights assessment institutions, weaknesses of socialization for employers and workers. The author suggests that it is necessary to strengthen the coordination and cooperation system between ministries in implementing Fisheries Human Rights Regulations. It also needs to improve communication and dissemination of policies and regulations to stakeholders.

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The Retroactive Principle in Law No. 26 of 2000 concerning the court of human rights

Constitutionale ◽

10.25041/constitutionale.v1i2.2118 ◽

2020 ◽

Vol 1 (2) ◽

pp. 139

Author(s):

Ricky Tongam Marpahala Siahaan ◽

Candra Perbawati ◽

Ahmad Saleh

Keyword(s):

Human Rights ◽

Research Methods ◽

Secondary Data ◽

The State ◽

Human Rights Violations ◽

Legal Rules ◽

The Past ◽

Protection Of Human Rights ◽

The Law ◽

The Government

Protection of human rights is a responsibility that must be carried out by the state, in this case the state must also resolve cases of human rights violations that have occurred. There are many cases of human rights violations that occurred in the past but cannot be resolved because there are no legal rules that govern at that time. The presence of Law Number 26 of 2000 concerning the court of human rightss is certainly a way for the government to resolve the problem of gross human rights violations in the past. The principle of retroactivity was included in Law Number 26 of 2000 concerning the court of human rightss so that gross violations of human rights that occurred in the past could be resolved. The retroactive principle in Law Number 26 of 2000 concerning the court of human rightss is considered to violate existing regulations in Indonesia, especially it is considered contrary to the 1945 Constitution. -Law Number 26 of 2000 concerning the court of human rightss. This research uses normative research methods. The data used are secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study indicate that the application of the retroactive principle in Law Number 26 of 2000 concerning the court of human rightss does not contain elements that are absolutely contradictory to the Law. 1945 foundation.

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Analysis of Revocation of Land Rights by the Government Reviewed from the Concept of Loss

Cepalo ◽

10.25041/cepalo.v3no2.1845 ◽

2019 ◽

Vol 3 (2) ◽

pp. 63

Author(s):

Natasha Marcella Geovanny ◽

Marchelina Theresia ◽

Devina Felicia Widjaja

Keyword(s):

Land Tenure ◽

Real Life ◽

Land Rights ◽

The State ◽

Literature Study ◽

Social Functions ◽

The Social ◽

The Republic ◽

The Government

The control of land by the state is stated in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia (UUD 1945). Based on this article, it means that the State has authority over land tenure, this encourages the writing of a journal on the application of social functions and the determination of compensation that occurs in the land sector. This research was conducted because the authors see that there are still many disputes related to the implementation of the social function itself and the application of the determination of compensation as stipulated in the provisions relating to this matter it is caused because the application in real life has not been running optimally. This study aims to find out how the government’s authority should be for land tenure and its relation to social functions and the determination of compensation. The location used as a case study is located in Batu Jaya Village, Tangerang City. Data collection is done by interviewing several related parties and also conducting a literature study by finding sources related to government authority over land tenure, the concept of social functions, and the determination of compensation. The results of this study indicate that the government has the power to grant land rights and revoke land rights in the public interest.

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Human Rights and Law Enforcement

Lambung Mangkurat Law Journal ◽

10.32801/lamlaj.v4i1.100 ◽

2019 ◽

Vol 4 (1) ◽

pp. 114

Author(s):

Fransiska Novita Eleanora ◽

Andang Sari

Keyword(s):

Human Rights ◽

Law Enforcement ◽

Rule Of Law ◽

The State ◽

Human Rights Violations ◽

The Rule Of Law ◽

The World ◽

The Government

Humans born into the world have declared their rights and naturalrights as gifts from the Almighty, God and every State must recognize them aslegal subjects who must always be respected and protected to realize human valueswell. Therefore; no one can or can act negatively, including the state or even theauthorities or the government. Conceptually, a country that is expected to realizeit is only a legal state that is considered legitimate and adheres to the notion ofdemocracy, namely democracy will become a rule and law. The realization of therule of law is to take action against perpetrators who are proven to have committedcrimes and human rights violations. This paper explains that there are still manycases of gross violations of human rights that have not been clearly revealed andthe perpetrators have not been given appropriate punishment, by giving sanctionsto the perpetrators, so that law enforcement is not realized. The embodiment ofthe rule of law is that it can capture cases of gross violators of human rights andconvict the perpetrators in accordance with the laws that apply in accordance withthe characteristics of the rule of law. The problem is whether law enforcement hasbeen realized especially in human rights violations and can be resolved throughnegotiation, conciliation and mediation.

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American and Canadian Civil Actions Alleging Human Rights Violations Abroad by Oil and Gas Companies

Alberta Law Review ◽

10.29173/alr261 ◽

2008 ◽

Vol 45 (3) ◽

pp. 653 ◽

Cited By ~ 1

Author(s):

Jonathan Horlick ◽

Joe Cyr ◽

Scott Reynolds ◽

Andrew Behrman

Keyword(s):

Human Rights ◽

Oil And Gas ◽

The United States ◽

Human Rights Violations ◽

Law Of Nations ◽

Forum Non Conveniens ◽

The Government ◽

Oil And Gas Companies ◽

Political Question ◽

The U.S

Under the United States Alien Tort Statute, which permits non-U.S. citizens to bring lawsuits in U.S. courts for human rights violations that are violations of the law of nations, plaintiffs have filed claims against multinational oil and gas corporations for the direct or complicit commission of such violations carried out by the government of the country in which the corporation operated. In addition to exercising jurisdiction over U.S. corporations, U.S. courts have exercised jurisdiction in cases involving non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside the U.S.The exercise of jurisdiction by U.S. courts over non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside of the U.S. raises serious questions as to the jurisdictional foundation on which the power of U.S. courts to adjudicate them rests. Defences that foreign defendants can raise against the exercise of jurisdiction by the U.S. courts are an objection to the extraterritorial assertion of jurisdiction, the act of state doctrine, the political question doctrine, forum non conveniens, and the principle of comity. These defences are bolstered by the support of the defendant’s home government and other governments.

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