scholarly journals OMNIBUS LAW - JOB CREATION LAW IN HUMAN RIGHTS PERSPECTIVE

2021 ◽  
Vol 12 (2) ◽  
pp. 40
Author(s):  
Suhariwanto -

Abstract: The Omnibus Law, The Job Creation Law, which was passed on October 5, 2020, is a law that contains 11 (eleven) clusters. One of the 14 (fourteen) clusters is the Employment cluster, which is included in Chapter IV. The purpose of enacting this Job Creation Law was to improve the investment or business climate, starting from MSMEs, Regional-owned Enterprises, State-owned Enterprises, and large-scale industries so that they can grow and develop together in order to accommodate more jobs, improve the quality of the workforce, and protect thelabourforce. The objectives can be seen from the juridical preamble of article 27 paragraph (2) of the 1945 Constitution and article 33 of the 1945 Constitution as well as the factual considerations of letters (a) to (f) "sociolegal spirit" which is the basis for the enactment of the Omnibus Law ofJob Creation is also in line with the principles that are upheld in human rights, especially regarding "Social and Economic Right", as the basic needs of workers or labourers.   Keyword: Omnibus Law of Job Creation and Human Rights.   Abstrak: Omnibus Law  Undang  Undang Cipta Kerja, yang telah di sahkan  pada tanggal 5 Oktober 2020, merupakan undang-undang  yang materi  muatannya berisi  11 ( sebelas ) klater. Dari 14 ( empat belas ) klater tersebut, salas satunya adalah klater Ketenagakerjaan, yang dimuat dalam Bab IV. Tujuan membentukan  UU Cipta kerja ini untuk meningkatakan iklim investasi atau usaha, mulai dari UMKM, BUMD, BUMN  dan Industri berskala besar supaya  dapat bertumbuh, berkembang   secara bersama-sama , sehingga dapat menampung lebih banyak lapangan kerja, disertai peningkatan kualitas tenaga kerja dan perlindungan tenaga kerja. Tujuan ini dapat dilihat dari konsideran Yuridis pasal 27 ayat ( 2 ) UUD 1945 dan pasal 33 UUD 1945 maupun konsideran factual huruf ( a )sampai dengan ( f ) “ sosiolegal spirit  “ yang  menjadi landasan pijak pembentukan Omnibus Law Cipta Kerja tersebut juga sejalan dengan  prinsip-prinsip yang dijunjung tinggi dalam Hak – Hak Asasi Manusia, utamanya tentang “  Social and Economic Right “, sebagi kebutuhan dasar para  pekerja atau buruh. Keyword   : Omnibus Law Cipta Kerja dan Hak Asasi Manusia .

2019 ◽  
pp. 265-276
Author(s):  
Roy Carr-Hill

This chapter reviews and critiques the various approaches to measuring social well-being. Economists have tried to argue for a single consistent criterion (based on money) but have mostly been ignored. Instead, there have been three main approaches: first, the postulate that there is a minimum set of basic needs, which should be satisfied for everyone; second the investigation into people's quality of life, whether ‘objectively’ measured or self-reported; and third the eclectic compilation of administrative and survey data according to a list of 'concerns'. There are theoretical and practical problems with the first two approaches. For the third approach, the measurement of social well-being should reflect the variety of ways in which people order their lives. Of course, there are some overbearing constraints, such as the threat of poverty or war; but, within those constraints, there are a multitude of modes of living so that the definition and specification of the elements of well-being should accordingly vary. We introduce two distinctive characteristics: first, beyond certain minima, it is not always clear how 'more' consumption adds to welfare; second, we emphasise the monitoring collective well-being both in terms of inequality and human rights and in terms of reducing ecological damage.


Author(s):  
A. Babirad

Cerebrovascular diseases are a problem of the world today, and according to the forecast, the problem of the near future arises. The main risk factors for the development of ischemic disorders of the cerebral circulation include oblique and aging, arterial hypertension, smoking, diabetes mellitus and heart disease. An effective strategy for the prevention of cerebrovascular events is based on the implementation of large-scale risk control measures, including the use of antiagregant and anticoagulant therapy, invasive interventions such as atheromectomy, angioplasty and stenting. In this connection, the efforts of neurologists, cardiologists, angiosurgery, endocrinologists and other specialists are the basis for achieving an acceptable clinical outcome. A review of the SF-36 method for assessing the quality of life in patients with the effects of transient ischemic stroke is presented. The assessment of quality of life is recognized in world medical practice and research, an indicator that is also used to assess the quality of the health system and in general sociological research.


2020 ◽  
Vol 10 (2) ◽  
pp. 103-106
Author(s):  
ASTEMIR ZHURTOV ◽  

Cruel and inhumane acts that harm human life and health, as well as humiliate the dignity, are prohibited in most countries of the world, and Russia is no exception in this issue. The article presents an analysis of the institution of responsibility for torture in the Russian Federation. The author comes to the conclusion that the current criminal law of Russia superficially and fragmentally regulates liability for torture, in connection with which the author formulated the proposals to define such act as an independent crime. In the frame of modern globalization, the world community pays special attention to the protection of human rights, in connection with which large-scale international standards have been created a long time ago. The Universal Declaration of Human Rights and other international acts enshrine prohibitions of cruel and inhumane acts that harm human life and health, as well as degrade the dignity.Considering the historical experience of the past, these standards focus on the prohibition of any kind of torture, regardless of the purpose of their implementation.


Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 72-83
Author(s):  
Tushar Kadian

Actually, basic needs postulates securing of the elementary conditions of existence to every human being. Despite of the practical and theoretical importance of the subject the greatest irony is non- availability of any universal preliminary definition of the concept of basic needs. Moreover, this becomes the reason for unpredictability of various political programmes aiming at providing basic needs to the people. The shift is necessary for development of this or any other conception. No labour reforms could be made in history till labours were treated as objects. Its only after they were started being treating as subjects, labour unions were allowed to represent themselves in strategy formulations that labour reforms could become a reality. The present research paper highlights the basic needs of Human Rights in life.


Author(s):  
A. V. Ponomarev

Introduction: Large-scale human-computer systems involving people of various skills and motivation into the information processing process are currently used in a wide spectrum of applications. An acute problem in such systems is assessing the expected quality of each contributor; for example, in order to penalize incompetent or inaccurate ones and to promote diligent ones.Purpose: To develop a method of assessing the expected contributor’s quality in community tagging systems. This method should only use generally unreliable and incomplete information provided by contributors (with ground truth tags unknown).Results:A mathematical model is proposed for community image tagging (including the model of a contributor), along with a method of assessing the expected contributor’s quality. The method is based on comparing tag sets provided by different contributors for the same images, being a modification of pairwise comparison method with preference relation replaced by a special domination characteristic. Expected contributors’ quality is evaluated as a positive eigenvector of a pairwise domination characteristic matrix. Community tagging simulation has confirmed that the proposed method allows you to adequately estimate the expected quality of community tagging system contributors (provided that the contributors' behavior fits the proposed model).Practical relevance: The obtained results can be used in the development of systems based on coordinated efforts of community (primarily, community tagging systems). 


2020 ◽  
Vol 103 (11) ◽  
pp. 1194-1199

Objective: To develop and validate a Thai version of the Wisconsin Quality of Life (TH WISQoL) Questionnaire. Materials and Methods: The authors developed the TH WISQoL Questionnaire based on a standard multi-step process. Subsequently, the authors recruited patients with kidney stone and requested them to complete the TH WISQoL and a validated Thai version of the 36-Item Short Form Survey (TH SF-36). The authors calculated the internal consistency and interdomain correlation of TH WISQoL and compared the convergent validity between the two instruments. Results: Thirty kidney stone patients completed the TH WISQoL and the TH SF-36. The TH WISQoL showed acceptable internal consistency for all domains (Cronbach’s alpha 0.768 to 0.909). Interdomain correlation was high for most domains (r=0.698 to 0.779), except for the correlation between Vitality and Disease domains, which showed a moderate correlation (r=0.575). For convergent validity, TH WISQoL demonstrated a good overall correlation to TH SF-36, (r=0.796, p<0.05). Conclusion: The TH WISQoL is valid and reliable for evaluating the quality of life of Thai patients with kidney stone. A further large-scale multi-center study is warranted to confirm its applicability in Thailand. Keywords: Quality of life, Kidney stone, Validation, Outcome measurement


Author(s):  
Brooke A. Ackerly

Just responsibility is a transformative human rights politics for taking on the complexities, power inequalities, and social normalization of injustice itself. Just responsibility is a human rights theory of political responsibility in which we understand human rights as enjoyed and shared throughout political community (and human rights entitlements as a tool toward that end), political community as defined by its web of networks, not its boundaries, accountability as a political process of discernment, not a power relation, and leadership as a quality of political community, not of individuals within it. Found within and supported by the principles-in-practice of women’s human rights activists, this grounded normative theory of responsibility guides us in a human rights enhancing way to be accountable leaders in political transformation, taking responsibility for global injustice in a just way.


Author(s):  
Leif Wenar

Article 1 of both of the major human rights covenants declares that the people of each country “shall freely dispose of their natural wealth and resources.” This chapter considers what conditions would have to hold for the people of a country to exercise this right—and why public accountability over natural resources is the only realistic solution to the “resource curse,” which makes resource-rich countries more prone to authoritarianism, civil conflict, and large-scale corruption. It also discusses why cosmopolitans, who have often been highly critical of prerogatives of state sovereignty, have good reason to endorse popular sovereignty over natural resources. Those who hope for more cosmopolitan institutions should see strengthening popular resource sovereignty as the most responsible path to achieving their own goals.


Author(s):  
E. Tendayi Achiume

This chapter uses the trajectory of the Southern African Development Community (“SADC”) Tribunal to chart sociopolitical constraints on international judicial lawmaking. It studies the SADC Tribunal backlash case, which paved the way for a curtailment of the Tribunal’s authority, stripping the Tribunal of both private access and its jurisdiction over human rights. Showing how jurisprudential engagement with sociopolitical context plays a significant role in explaining the Tribunal's loss of authority, the chapter introduces the concept of sociopolitical dissonance. Sociopolitical dissonance is a state that results when a legal decision contradicts or undermines deeply held norms that a given society or community forms on the basis of its social, political, and economic history. Sociopolitical resonance, on the other hand, describes the quality of affirming or according with a given society's norms as informed by its sociopolitical history.


Author(s):  
Jeasik Cho

This book provides the qualitative research community with some insight on how to evaluate the quality of qualitative research. This topic has gained little attention during the past few decades. We, qualitative researchers, read journal articles, serve on masters’ and doctoral committees, and also make decisions on whether conference proposals, manuscripts, or large-scale grant proposals should be accepted or rejected. It is assumed that various perspectives or criteria, depending on various paradigms, theories, or fields of discipline, have been used in assessing the quality of qualitative research. Nonetheless, until now, no textbook has been specifically devoted to exploring theories, practices, and reflections associated with the evaluation of qualitative research. This book constructs a typology of evaluating qualitative research, examines actual information from websites and qualitative journal editors, and reflects on some challenges that are currently encountered by the qualitative research community. Many different kinds of journals’ review guidelines and available assessment tools are collected and analyzed. Consequently, core criteria that stand out among these evaluation tools are presented. Readers are invited to join the author to confidently proclaim: “Fortunately, there are commonly agreed, bold standards for evaluating the goodness of qualitative research in the academic research community. These standards are a part of what is generally called ‘scientific research.’ ”


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