scholarly journals Eksistensi LGBT Di Indonesia dalam Kajian Perspektif HAM, Agama, dan Pancasila

2021 ◽  
Vol 18 (2) ◽  
pp. 84
Author(s):  
Toba Sastrawan Manik ◽  
Dwi Riyanti ◽  
Mukhamad Murdiono ◽  
Danang Prasetyo
Keyword(s):  
Human Rights ◽  
The State ◽  
Point Of View ◽  
Literature Study ◽  
Library Research ◽  
The Reformation ◽  
Bisexual And Transgender ◽  
Lgbt People

AbstractGay, Bisexual, and Transgender (LGBT) in Indonesia from the perspective of human rights, Islam, and Pancasila. Research is qualitative using the method of literature study (library research). LGBT based on a religious point of view, especially Islam and Pancasila are declared forbidden and contrary culture. But, the state is in ambiguity in determining policy. The State of Indonesia faces a dilemma between Pancasila and Islam with the consistency and spirit of human rights enforcement in Indonesia since the Reformation Era. This manifestation of ambiguity appears to be the lack of clear regulation of LGBT. This gives rise to discriminatory attitudes towards LGBT people both psychologically, physically socially, culturally, and economically. This study recommends that the state should take a bold stance in determining the point of view of LGBT. LGBT citizens should still be treated equally. The absence of regulation against LGBT is a manifestation of discrimination by the state. The state should give its perspective on LGBT in Indonesia. -------------AbstrakTujuan dari artikel ini ialah untuk mengkaji tentang eksistensi Lesbian, Gay, Biseksual, dan Transgender (LGBT) di Indonesia dari perspektif  hak asasi manusia, Islam, dan Pancasila. Penelitian bersifat kualitatif dengan menggunakan metode kajian literatur (library research). LGBT jika dipandang dari sudut agama khususnya Islam dan Pancasila jelas dinyatakan terlarang dan bertentangan dengan budaya Indonesia. Tapi, negara dalam keambiguan dalam menentukan kebijakan. Negara Indonesia menghadapi dilema antara Pancasila dan Islam dengan konsistensi dan semangat penegakan HAM di Indonesia sejak Era Reformasi. Manifestasi keambiguan ini tampak pada ketiadaan regulasi yang jelas terhadap LGBT. Hal ini menimbulkan sikap diskrimnasi terhadap kalangan LGBT baik secara psikis, fisik secara sosial, budaya, dan ekonomi. Rekomendasi dari kajian ini ialah negara harus berani mengambil sikap dalam menentukan sudut pandang terhadap LGBT. LGBT sebagai warga negara harus tetap diperlakukan sama. Ketiadaan regulasi terhadap kalangan LGBT merupakan manifestasi diskriminasi oleh negara. Negara harus memberikan sudut pandangnya sendiri terhadap LGBT di Indonesia

DEFINITION OF THE PUBLIC SECURITY AND ORDERLINESS ENSURING MECHANISM IN UKRAINE

2018 ◽  
Vol 1 (11) ◽  
pp. 155-163
Author(s):  
Marina Aleksandrovna Kalievskaya
Keyword(s):  
Human Rights ◽  
Development Strategy ◽  
State Policy ◽  
The State ◽  
Point Of View ◽  
Public Security ◽  
National Priority ◽  
Institu Tions ◽  
Protection Of Human Rights ◽  
Definition Of

In this article, a model of the mechanism of ensuring public security and orderliness in accordance with the principles and tasks of the relevant institu- tions in public administration, taking into account resources, technologies, mea- sures for the state policy implementation in the spheres of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order. It was found that ensuring public security and order in Ukraine is a mechanism for the implementation of national goals of state policy in the areas of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, by defining tasks according to certain principles. The idea is that if one considers the state policy in the spheres of ensuring the protec- tion of human rights and freedoms, the interests of society and the state, combat- ing crime, maintaining public security and order as a national priority (purpose, task), then the mechanism of ensuring public security and order in Ukraine needs coordination with the state development strategy. From the point of view of the implementation of the state policy in the areas of ensuring the protection of hu- man rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, the mechanism of ensuring public security and order in Ukraine can be considered as the main system providing intercon- nection such elements as institutions (implementing the specified state policy), resources (human resources, logistical, natural and so on, with the help of which it is possible to implement state policy), technologies (skills, knowledge, means and so on the implementation of state policy), measures (action plans), as well as external (internal) threats.

scholarly journals The state liability for damages caused by its judicial authorities

2003 ◽  
Vol 75 (9-10) ◽  
pp. 409-422
Author(s):  
Nikola Mihailović
Keyword(s):  
Human Rights ◽  
The State ◽  
Point Of View ◽  
Council Of Europe ◽  
Member States ◽  
Legal Provisions ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
State Liability ◽  
Domestic Law

A breach of any right or freedom under the Convention for the Protection of Human Rights and Fundamental Freedoms, leads to but is not limited to liability of the State for damages. That liability is much stricter than the State liability for damage provided according to the domestic law provisions currently in force. The current provisions on State liability for the work of its judiciary do not include the damage caused by improper interpretation and application of the relevant legal provisions. In contrast, the liability of the Council of Europe Member States for the damage caused by their judicial and other authorities, through the breach of the human rights and fundamental freedoms guaranteed by the Convention includes their liability for improper interpretation and application of the relevant provisions of the Convention. That liability is so strict that it in fact comes equal to no-fault liability, from the point of view of its legal consequences. This is so, although it is regulated only as a presumed liability for which there are no grounds of limitation. As a result, two systems of liability for damage caused by judicial authorities will exist in our State Union and in its member states, after the ratification of the aforementioned Convention: liability pursuant to the domestic legal provisions and liability pursuant to the Convention. For that reason, a reform of the provisions on liability is necessary, which will lead to tightening of liability for damage caused by judiciary pursuant to the domestic rules. How to achieve this is a separate issue, which will not be discussed on this occasion.

Les minorités dans la Déclaration Universelle des Droits de l’Homme, une absence délibérée

2020 ◽  
Vol 88 (3-4) ◽  
pp. 557-590
Author(s):  
Fernando Arlettaz
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Interwar Period ◽  
Minority Rights ◽  
League Of Nations ◽  
The State ◽  
Point Of View ◽  
Universal Declaration ◽  
Legal Regime ◽  
The United Nations

Summary The League of Nations established, in the interwar period, a legal regime for the protection of minorities which considered them as intermeditate groups between the State and the individuals. On the contrary, the Universal Declaration on Human Rights, adopted in 1948 by the United Nations, assumed a radically individualistic point of view and did not include any mention to minority rights. The travaux préparatoires of the Universal Declaration suggest that the question of minorities caused strong tension among States and that, for this reason, they avoided its inclusion in the 1948 document.

Comparing the incomparable and legal discourse

Semiotica ◽  
2016 ◽  
Vol 2016 (209) ◽  
pp. 5-14
Author(s):  
Augusto Ponzio
Keyword(s):  
Human Rights ◽  
Emmanuel Levinas ◽  
Personal Responsibility ◽  
Legal Discourse ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Absolute Difference ◽  
Human Being ◽  
The Law

AbstractIt is not with the State that personal responsibility arises towards the other. According to Emmanuel Levinas, the other is every single human being I am responsible for, and I am this responsibility for him. The other, my fellow, is the first comer. But I do not live in a world with just one single “first comer”; there is always another other, a third, who is also my other, my fellow. Otherness, beginning with this third, is a plurality. Proximity as responsibility is a plurality. There is a need for justice. There is the obligation to compare unique and incomparable others. This is what is hidden, unsaid, implied in legal discourse. But recourse to comparison among that which cannot be compared, among that which is incomparable is justified by love of justice for the other. It is this justification that confers a sense to law, which is always dura lex, and to the statement that citizens are equal before the law. From this point of view, State justice is always imperfect with respect to human rights understood as the rights of the other, of every other in his absolute difference, in his incomparable otherness.

scholarly journals “PERAN PANCASILA PADA ERA GLOBALISASI” KAJIAN TERHADAP PANCASILA DAN FENOMENA LGBT (LESBIAN,GAY,BISEXUAL,TRANSGENDER) DI INDONESIA

2017 ◽  
Vol 19 (1) ◽  
pp. 126
Author(s):  
Wawan Setiawan ◽  
Yudhitiya Dyah Sukmadewi
Keyword(s):  
Human Rights ◽  
The State ◽  
The Other ◽  
Religious Groups ◽  
Sexual Deviation ◽  
Other Hand ◽  
The People ◽  
Lgbt Community ◽  
Pros And Cons ◽  
Lgbt People

LGBT phenomenon into a "hot issue" in the international and national levels. LGBT phenomenon in Indonesia would result in the pros and cons of the community. Various groups of people, mainly from religious groups opposed to the existence of the phenomenon. On the other hand, there are also groups that support the LGBT community in Indonesia, the main actors and human rights activists (Human Rights). Most LGBT people found contrary to the noble values of Pancasila, but on the other hand assumes that actors LGBT community is not sexual deviation, and shall have the rights and equality. It is thus necessary to do a study to determine the response of the people of Indonesia respond to the phenomenon of LGBT specifically in this case the younger generation, as well as to determine whether or not the phenomenon of LGBT contrary to the basic values of Pancasila as the State Indonesia.

scholarly journals Factors Of The Formation Of New Autonomous Regions And Its Impact On State Finances

2019 ◽  
Vol 17 (1) ◽  
pp. 1
Author(s):  
Arief Maulana
Keyword(s):  
Qualitative Method ◽  
The State ◽  
Literature Study ◽  
Policy Study ◽  
Reform Era ◽  
Initial Formation ◽  
Autonomous Region ◽  
The Reformation ◽  
State Finance ◽  
Autonomous Regions

The purpose of this study is to analyze the driving factors of the formation of new autonomous regions in Indonesia during the reformation era and its impact on state finance. This study is a policy study by collecting data and then analyzing it into a conclusion and recommendation. This type of study is a literature study with the method used is descriptive qualitative method. The results of the study show that since the reform era, the formation of a new autonomous region has been very massive. If calculated on average from 1999 to 2014, each year the new regions increase by 13 regions per year. The formation of the new autonomous regions requires considerable preparation and costs, starting from the initial formation to the implementation. In addition, in general the new autonomous regions show higher fiscal dependencies than the old regions. Thus, it can be stated that the establishment of the new autonomous regions has caused pressure on the state finances due to the large amount of funds that must be transferred to new regions.

scholarly journals Canada’s Post 9/11 Security Environment: The State Of Immigration Policy And Border Management In Canada

2021 ◽  
Author(s):  
Kristina Brugger
Keyword(s):  
United States ◽  
Human Rights ◽  
National Security ◽  
Immigration Policy ◽  
The United States ◽  
The State ◽  
Immigration Policies ◽  
Cross Border ◽  
Security Environment ◽  
The Reformation

In the post 9/11 era the governments of Canada and the United States are faced with the challenge of enhancing national security while maintaining the flow of goods, services, and people. In addressing this matter, Canada has confronted some difficulty in the reformation of its security and immigration policies in attempting to strike a balance between meeting the demands of the United States, while also taking domestic considerations into account such as respect for human rights. Given the high levels of immigration seen in Canada, many believe that Canada is leaving itself open to cross border activities that pose threats to national security. As a result, it is questionable whether Canada’s border management initiatives are properly equipped to combat threats to national security considering the effects high levels of immigration can have on border management efforts.

L’exil, une reinterpretation de la reforme radicale au XXe siecle

Moreana ◽  
2007 ◽  
Vol 44 (Number 171- (3-4) ◽  
pp. 72-86
Author(s):  
Frédéric de Coninck
Keyword(s):  
Twentieth Century ◽  
Social Group ◽  
The State ◽  
Point Of View ◽  
Individual Choice ◽  
Life Choices ◽  
The Social ◽  
Radical Reformation ◽  
The Reformation ◽  
The Subject

The social configuration of exile means the minority presence of a social group that builds a different lifestyle and different beliefs from the majority while coexisting with that majority in the same place. This configuration, valued in a surprising way, in the Jewish prophetism of the exile period, has long faced strong oppositions. The Christendom society wanted, from this point of view, a homogeneous society. The Reformation has produced divisions, but has not destroyed, as a first step, the local uniformity of convictions and life choices. The radical Reformation, which has valued, from 1523, individual choice against a religion imposed or controlled by the state had all the attributes needed to conceive itself as living in a position of exile. This has not been the case. The pressure for social homogeneity was too strong at the time. It was not before the twentieth century, when rereading the legacy of the radical Reformation in the context of an increasingly fragmented society, that the subject was finally raised.

scholarly journals PROSPEK PELEMBAGAAN HUKUM ISLAM DI INDONESIA

2019 ◽  
Vol 17 (2) ◽  
pp. 210
Author(s):  
Achmad Al-Muhajir SAM
Keyword(s):  
Islamic Law ◽  
The State ◽  
Point Of View ◽  
Customary Law ◽  
Muslim Country ◽  
Legal Institution ◽  
Political Struggle ◽  
Reform Era ◽  
Library Research ◽  
Normative Status

Indonesian is constitutionally as the state of Pancasila and not as a religious state, but the state is able to accommodate a number of religious norms in the formation of legislation. Indonesia, as the largest Muslim country in the world with a diversity of ethnic, religious and ethnic groups, has chosen the plural of legal system. This situation provides an opportunity to source a specific law affects the formation and preparation of the norms of national law. Islamic law has long been used in the community, even before the colonial period, has significant effect in certain customary law in society. This paper describes the existence of Islamic Law in the plurality of national law amidst the process of the tug of political struggle of national law in reform era. This discussion is focused on the following; first, the prospect legal institution of Islamic law in Indonesia; second, the resistance and constraint in course of legal institution of Islamic law in Indonesia. This paper was as a result of library research using legal normative status, historical, and sociological point of view.

scholarly journals Reframing LGBT rights advocacy in the context of the rule of law backsliding

Intersections ◽  
2021 ◽  
Vol 7 (4) ◽  
pp. 85-103
Author(s):  
Barbara Grabowska-Moroz ◽  
Anna Wójcik
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Case Law ◽  
The Rule Of Law ◽  
Electoral Campaigns ◽  
Civil Lawsuits ◽  
Bisexual And Transgender ◽  
Constitutional Tribunal ◽  
Lgbt People

Adopting the methods of institutional analysis and case law analysis, the paper answers how specific elements of rule of law backsliding impact advocacy for minorities’ rights’ recognition. The phenomenon is analysed in the case of Poland, a state that since 2015 has been experiencing directed erosion on rule of law standards. Between 2018 and 2020, governmental leaders in Poland targeted lesbian, gay, bisexual, and transgender (LGBT) people in the context of electoral campaigns. The paper discusses long-term legal, political, and social factors contributing to creating an environment where such anti-LGBT campaigns are possible. It further demonstrates that specific elements of rule of law backsliding, such as politically subordinating the Constitutional Tribunal and the office of the Prosecutor General, enable authorities to apply discriminatory legal instruments to limit the targeted minority’s rights and also make resistance to it with legal means more complex. Against this backdrop, the paper argues that human rights defenders’ immediate responses—private civil lawsuits, artistic projects, and monitoring of discriminatory actions of the authorities—were key for drawing domestic and international attention to anti-LGBT campaigns, which later led to the European Union’s institutions concrete actions and an independent Commissioner for Human Rights’ legal actions. Cumulatively, these actions contributed to reversing elements of the anti-LGBT campaign in Poland.

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