Wajah Undang-undang Keter (Tutup) Bukaan Informasi Publik di Indonesia

1970 ◽  
Vol 2 (2) ◽  
pp. 290-307
Author(s):  
Endang Widuri

On April 3rd 2008, DPR enacted Act Number 14 about Disclosure Public Information (UU KIP). This act aimed toinstitutionalize law framework for public right fulfillment to access power implementation process. The main object of this act isfreeing everyone from everything negative caused by a government reticence. People should free to participate in policymaking, free from corruption and human rights violence. Therefore, Disclosure Public Information Act is very important,because information is main resource for everyone to participation in government activity. Without information, people can’tuse his right and duty maximally as citizen

2015 ◽  
Vol 2 (2) ◽  
pp. 290
Author(s):  
Endang Widuri

On April 3rd 2008, DPR enacted Act Number 14 about Disclosure Public Information (UU KIP). This act aimed toinstitutionalize law framework for public right fulfillment to access power implementation process. The main object of this act isfreeing everyone from everything negative caused by a government reticence. People should free to participate in policymaking, free from corruption and human rights violence. Therefore, Disclosure Public Information Act is very important,because information is main resource for everyone to participation in government activity. Without information, people can’tuse his right and duty maximally as citizen


2015 ◽  
Vol 18 (suppl 1) ◽  
pp. 89-103 ◽  
Author(s):  
Dulce Ferraz ◽  
Vera Paiva

ABSTRACTWorldwide, HIV prevention is challenged to change because clinical trials show the protective effect of technologies such as circumcision, preexposure prophylaxis, and the suppression of viral load through antiretroviral treatment. In the face of demands for their implementation on population levels, the fear of stimulating risk compensation processes and of increasing riskier sexual practices has retarded their integration into prevention programs. In this article, following a narrative review of the literature on risk compensation using the PubMed database, we offer a critical reflection on the theme using a constructionist approach of social psychology integrated to the theoretical framework of vulnerability and human rights. The use of biomedical technologies for prevention does not consistently induce its users to the increase of riskier practices, and variations on the specificity of each method need to be carefully considered. Alternatives to the theories of sociocognitive studies, such as social constructionist approaches developed in the social sciences and humanities fields, indicate more comprehensive interpretations, valuing the notions of agency and rights. The critical analysis suggests priority actions to be taken in the implementation process: development of comprehensive programs, monitoring and fostering dialog on sexuality, and technical information. We highlight the need to implement a human rights-based approach and to prioritize dialog, stressing how complementary these technologies can be to meet different population needs. We conclude by stressing the need to prioritize sociopolitical changes to restore participation, dialog about sexuality, and emphasis on human rights such as core elements of the Brazilian AIDS policy.


2020 ◽  
Vol 1 (2) ◽  
pp. 93-98
Author(s):  
I Made Bayu Ari Budi Utama ◽  
Ida Ayu Putu Widiati ◽  
Luh Putu Suryani

The sustainability of public information is an inseparable aspect of democracy, which upholds freedom and human rights. The sustainability of public information is an important aspect in fulfilling individual rights to public information. However, in practice, the public's understanding of the dispute resolution mechanism on the Sustainability of Public Information is still low. In addition, in the implementation of this Public Information Sustainability dispute, there are still obstacles that can interfere with the implementation process. That can be in the form of the applicant's lack of interest in requesting information and the applicant's lack of understanding of the administrative process in dispute implementation. Based on these problems, the purpose of this study is to know the efforts to resolve public information disputes and practice the process of dispute resolution on the sustainability of public information. The research method used is the empirical method assisted by primary and secondary legal material sources and uses qualitative techniques, namely by describing legal data first, then analyze through analysis techniques with interpretive techniques and shed descriptively in the form of a thesis. Efforts to resolve public information disputes can be carried out through two processes, namely the non-litigation process carried out at the competent Regional Information Commission and the litigation process undertaken at the State Administrative Court if the disputing public body is a State-owned public agency or a PN if the disputing public body is said. is a private public body. In practice, the process of resolving information sustainability disputes in Indonesia still has obstacles which can be in the form of misunderstandings caused by the applicant's lack of understanding of the application mechanism or the stages of the administrative process that must be passed in filing a dispute on the sustainability of public information.  


Author(s):  
Satino Satino ◽  
Yuliana Yuli W ◽  
Iswahyuni Adil

Law Number 40 of 1999 concerning the Press is one of the legal regulations that have a role in efforts to realize a good life together. The struggle of the Indonesian press to achieve freedom was finally achieved after the enactment of Law Number 40 of 1999 concerning the Press. The purpose of this study is to find out how the freedom and role of the press in law enforcement are reviewed from the perspective of Law Number 40 of 1999, concerning the press. This study uses a sociological juridical method, the results of research conducted on real facts in society with the intent and purpose of finding facts, then proceeding with finding problems, ultimately leading to problem identification and leading to problem solving. The results of the research include the press trying to carry out its functions, rights, obligations, and roles, so the press must respect the human rights of everyone. The press has an important role in realizing Human Rights (HAM), as guaranteed in the Decree of the People's Consultative Assembly of the Republic of Indonesia Number: XVII/MPR/1998. Based on the results of the research above, it is necessary to uphold the freedom of the press in conveying public information in an honest and balanced manner and that freedom of the press is not absolute for the press alone, but to guarantee the rights of the public to obtain information. what happened in the context of realizing press freedom as contained in Law/040/1999 concerning the Press.


2017 ◽  
Vol 11 (2) ◽  
pp. 1-5
Author(s):  
Toni Toni

The openness of public information is part of the human rights related to personal development rights guaranteed in legislation. This study was conducted to find out the legal events when examined from the theory of human rights and the effectiveness of the law. The results of this study are openness of public information is a human right is not supernatural guaranteed in the basic law and the rules of corporate governance and implementation in the field has not been fullest because it influenced several factors namely: the difference between the understanding of perception public body with the applicant information public body that held the rule of State secrets and the lack of synchronization between the standards and regulations of public information disclosure with State secrets.


2020 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Bo Minou Beintema

To put it simply, the purpose of the Women’s Convention is to end discrimination on the basis of sex. The inclusion of Article 5, paragraph (a), which focuses on fixed gender roles that get in the way of that goal, provides one of the ways in which they aim to do so. State parties cannot hide behind their respective traditions or customs as to why the realisation of International Human Rights ultimately depends on gender. A question that arises is what does this mean for States in terms of concrete obligations. This article aims to provide an answer to that question by exploring Article 5 (a) and the notion of extra-legal measures, in particular. Equally, it will take a closer look at how one of the State parties, namely Belgium, is doing in this regard both in theory as in practice. By conducting literary research it becomes apparent that State parties have to adopt national laws and/or instruments. Furthermore, they have to incorporate extra-legal measures as well. Meaning, they should incorporate measures to influence the mindsets of people regarding gender equality through means such as education, the media and public information projects, for instance. Although Belgium continues to struggle with effective implementation of its laws and policies due to its inherent complex institutional structure. It can still be said that its well on its way to combat gender inequality in light of Article 5 (a). Ultimately, Article 5 (a) brings meaning to every right in the Women’s Convention. Considering, that it is only when gender equality is reached both before the law and in practice that women will be able to enjoy Human Rights.


2021 ◽  
Vol 194 ◽  
pp. 29-65

29Human rights — Freedom of expression — Free speech — Journalists — Restriction of access to public information — Criminalization of defamation, sedition and insult — Torture and inhuman or degrading treatment — Unlawful and arbitrary detention — Living in exile — Whether Gambian laws violating rights of journalistsTreaties — Human rights treaties — Treaty obligations — Obligations under regional and international human rights treaties — Compliance of arrest and detention with treaty obligations — Compliance of Gambia’s libel, sedition and false news publication laws with its treaty obligations — African Charter on Human and Peoples’ Rights, 1981 — Revised Treaty of the Economic Community of West African States, 1993 — International Covenant on Civil and Political Rights, 1966 — Universal Declaration of Human Rights, 1948International tribunals — Jurisdiction — Community Court of Justice of Economic Community of West African States — Non-applicability of exhaustion of domestic remedies — Statute of limitations — Interpretation of Article 9(3) Supplementary Protocol, 2005 — Whether statute of limitations applicable — Whether Community Court of Justice decisions affirming statutory limitation to be overruled — Whether Court having jurisdiction


2020 ◽  
Vol 31 (1) ◽  
pp. 37-74
Author(s):  
Rajiv Maher ◽  
David Monciardini ◽  
Steffen Böhm

ABSTRACTMany academic authors, policy makers, NGOs, and corporations have focused on top-down human rights global norm-making, such as the United Nations Guiding Principles for Business and Human Rights (UNGPs). What is often missing are contextual and substantive analyses that interrogate rights mobilization and linkages between voluntary transnational rules and domestic governance. Deploying a socio-legal approach and using a combination of longitudinal field and archival data, this article investigates how a local, indigenous community in Northern Chile mobilized their rights over a period of almost two decades. We found that rights mobilization was largely shaped by tensions between the different logics of legality and the business organization. In our case, the UNGP implementation process has been ineffective in giving rightsholders access to genuine remedy. On the contrary, it has led to weakened rights mobilization, dividing the local community. We conclude that greater attention to rights mobilization and domestic governance dynamics should be given in the business and human rights debate.


2012 ◽  
Vol 19 (4) ◽  
pp. 359-397 ◽  
Author(s):  
Tina Kempin Reuter

Dealing effectively and efficiently with minorities and minority problems in the aftermath of ethnic conflict is central to durable and stable peace. The inclusion of minority rights in peace agreements is seen as a mandatory step in the resolution of the conflict and political stability. While references to human rights and minority rights are common, it is the implementation process that often lacks clarity and thoroughness. On the basis of three case studies, Bosnia and Herzegovina, Macedonia, and Kosovo, this study examines how human rights and minority rights provisions are put into practice and how they impact the peace process. Findings suggest that the inclusion of minority rights is only beneficial in cases in which relevant institutions and adequate political and civil society support were established to implement the provisions. Formal reference to ethnic problems or minority rights is not sufficient.


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