scholarly journals MEMBANGUN SISTEM HUKUM PANCASILA YANG MERDEKA DARI KORUPSI DAN MENJUNJUNG HAM

2014 ◽  
Vol 8 (1) ◽  
pp. 19-26
Author(s):  
Teguh Prasetyo
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Human Dignity ◽  
Legal Systems ◽  
The World

AbstrakSebagai negara yang sudah merdeka selama 68 tahun, Indonesia seharusnya sudah mempunyai sistem hukumnya sendiri yang sesuai dengan kepribadian bangsa Indonesia. Sistem hukum Indonesia tersebut harus dibangun berdasarkan Pancasila yang menampilkan karakteristik ke-Indonesia-an di tengah-tengah sistem hukum lain di dunia. Sistem hukum Pancasila merupakan suatu sistem hukum yang bermoral dan bermartabat. Bermoral berarti bahwa sistem hukum di Indonesia sistem hukum yang merdeka dari korupsi. Sedangkan sistem hukum yang bermartabat adalah sistem hukum yang menjunjung nilai-nilai kemanusiaan terutama di bidang HAM.AbstractHaving been independent for 68 years, Indonesia should have had its own legal system that suits the character of the Indonesian nation. Indonesias legal system have to be constructed based on Pancasila which reflects all the characteristics of Indonesia particularity in the midst of other legal systems in the world. The legal system based on Pancasila is a legal system that emphasizes moral and human dignity. Legal morality means that the legal system in Indonesia is free from corruption. While the legal system with dignity is a legal system that upholds the values of humanity, especially in the field of human rights.

Energy in Public Administration - Between Human Rights and Efficient Administration

2015 ◽  
Vol 3 (2) ◽  
pp. 227-241
Author(s):  
Mirko Pecaric
Keyword(s):  
Human Rights ◽  
Public Administration ◽  
Legal System ◽  
Human Dignity ◽  
Human Mind ◽  
Public Affairs ◽  
Reciprocal Relation ◽  
Legal Principles ◽  
Informal Practices

This paper explores recent notions in public administration, which are intertwined and addressed to the administration of public affairs. On this basis it demonstrates that content of legal system is filled through the static legal principles and rules, but they receive their real content through the informal practices and conditions of the human mind. The paper concludes that discussed notions could have only one name, because they all are the synonyms of reciprocal relation between the human dignity and efficient administration.

State Immunity and Fundamental Human Rights

1998 ◽  
Vol 11 (1) ◽  
pp. 9-43 ◽  
Author(s):  
Magdalini Karagiannakis
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal System ◽  
Case Law ◽  
Legal Systems ◽  
State Immunity ◽  
Analytical Approaches

Should state immunity from jurisdiction be denied to states that violate fundamental human rights in breach of international law? This article critically discusses three analytical approaches which can be used to answer the question at the level of international law. These approaches are derived from a review of principles of state immunity and fundamental human rights, including ius cogens. The article goes on to examine why the results dictated by these approaches at the level ot international law may not be reflected by municipal legal systems, using US domestic statutes and case law as an example of how a domestic legal system has dealt with this question.

scholarly journals A Brief Analysis on Human Rights from Hannah Arendt’s Criticism

2018 ◽  
Vol 28 (1) ◽  
pp. 95
Author(s):  
Janilce Silva Praseres ◽  
Marcelo Ramos Saldanha
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Hannah Arendt ◽  
Ethical Values ◽  
Legal Systems ◽  
Right To Life ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Individual ◽  
The Right

Abstract: human rights are a set of ethical values whose purpose is to protect and enable the realization of human dignity in its various dimensions and also prevent the reduction of the individual to the condition of object or, above all, the reduction of his condition as subject of rights, such as the right to life, freedom, security, equality. The universal character of human rights protection demonstrates some weaknesses, especially in the transposition into concrete legal systems, so what we propose is a brief analysis of human rights from Hannah Arendt.Uma Breve Análise Acerca dos Direitos Humanos a partir da Crítica de Hannah ArendtResumo: os direitos humanos são um conjunto de valores éticos que têm por finalidade proteger e possibilitar a realização da dignidade humana em suas várias dimensões e, ainda, impedir a redução do indivíduo à condição de objeto ou, sobretudo, a diminuição da sua condição na qualidade de sujeito de direitos, a exemplo o direito à vida, à liberdade, à segurança, à igualdade. O caráter universal de proteção aos direitos humanos demonstra algumas fragilidades, principalmente, na transposição para ordenamentos jurídicos concretos, assim, o que propomos é uma breve análise acerca dos direitos humanos a partir de Hannah Arendt.

scholarly journals Prawa i godność człowieka we współczesnej bioetyce

2004 ◽  
Vol 2 (1) ◽  
pp. 189-212
Author(s):  
Wojciech Bołoz
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Ethical Code ◽  
European Convention ◽  
Human Being ◽  
Application Of Law ◽  
Contemporary World ◽  
The World ◽  
Independent Life ◽  
The Way

In contemporary bioethics dominate two trends dealing with two basic ethical solutions. First of them is utilitarianism concerning utility as a criterion of judging between what is right and what is wrong. The second trend applies to human rights and human dignity, which are to be obeyed without any exceptions. Utilitarianism protects the strong and prosperous people in society and excludes those who are weak and not capable of independent life. The concept of human dignity protects each and every human being including the weakest ones. It is therefore characterized by real humanitarianism. In addition, it has one more outstanding virtue; in the contemporary world, it is the most widespread and understandable ethical code. It enables people of different civilizations to communicate with understandable ethical language. In the world constantly undergoing global processes, it is a great value. Although there are a number of discussions concerning the way of understanding human dignity and human rights, their universal and ethical meaning; there are certain international acts of law concerning biomedicine that support the concept of human dignity as the most adequate concept for the contemporary bioethics. As an example, the European Convention on Bioethics can be taken. The article includes the most significant topics concerning understanding, history, and application of law and human dignity in bioethics.

scholarly journals Scots law: a system in search of a family?

2020 ◽  
Vol 61 (4) ◽  
pp. 311-327
Author(s):  
Sue Farran
Keyword(s):  
South Africa ◽  
Legal System ◽  
Historical Background ◽  
Normative Values ◽  
Political Society ◽  
Legal Systems ◽  
Global Community ◽  
Starting Point ◽  
The World ◽  
Typical Mode

The concept of legal families is familiar to most comparativists and although miscegenation is an increasingly common feature in a global community, arguably an understanding of family origins may help to anticipate differences of approach, ideology, attitudes to law and diverging normative values. Classification into families, despite various criticisms and disagreements as to which families there are or how they should be distinguished, provides a useful tool for the comparativists and those seeking, reform, unification or harmonisation.The Scottish legal system, however, is one that tends to elude classification. Even where “mixed” or “hybrid” legal systems are recognised, that of Scotland may be omitted or distinguished from those of, for example, Greece, South Africa, Israel or the Seychelles.This begs the question, what is a legal system and how is it distinguished? This paper examines the Scottish legal system, taking as its starting point a focus on juristic style as the key distinguishing feature of a legal system and looking at the key elements that eminent comparativists Zweigert and Kötz suggest shape this. These are: the historical background and development; its typical mode of thought; its distinctive institutions; the types of legal sources it acknowledges; and its ideology. Looking particularly at the academic debates that have arisen in Scotland concerning the nature and identity of Scots law, the paper goes on toconsider whether the claim to a distinct legal system is anything more than a manifestation of the fact that “each political society in the world has its own law”,1 and that in fact the time has come to abandon the notion of families.

scholarly journals Overview of the concept of human rights in the Muslim world

2021 ◽  
pp. 36-51
Author(s):  
Dmytro Sharovych ◽  
Ivanna Maryniv
Keyword(s):  
Human Rights ◽  
Muslim World ◽  
Main Body ◽  
Special Role ◽  
Legal Systems ◽  
Permanent Commission ◽  
Intergovernmental Organization ◽  
Islamic World ◽  
Muslim Countries ◽  
The World

Problem setting. Islam is the youngest Abrahamic religion in the world. Its beginning was laid in the first half of the VII century AD on the territory of the Arabian Peninsula. The Islamic world is a unique regional phenomenon that causes many people to have different and in some cases even opposing views. The issue of human rights in the Islamic world is also much debated. Every day we receive information about the systematic violation of the honor and dignity of a certain category of the population (women, children) in the region. Analysis of recent researches and publications. The article uses the works of well-known experts in the field of Sharia and legal systems of Muslim countries such as: Syukiyaynen L. R., Abdullah ibn Abd al-Mukhsin at-Turki, Zhdanov N. V., Abashidze A. Kh., Abdul Aziiz Olaemi and others. Special attention is paid to the concepts of the Organization of Islamic Cooperation. Target of research. The objective of this work is a general overview of the concept of human rights in the Islamic world. Article`s main body. Analyzed the issues of human rights in different countries where Sharia has a significant impact on their systems of law, namely: Pakistan, Saudi Arabia and Iran. The article notes that despite the significant impact of Sharia law on the legal systems of the above countries, certain human rights standards differ between them. Also, the article reveals the first practice of codifying human rights in muslim insight - the General Islamic Declaration of Human Rights, adopted by the non-governmental organization Islamic Council in Europe. The Organization of Islamic Cooperation (until 2012 - the Organization of the Islamic Conference) (hereinafter - OIC) - is an international intergovernmental organization whose members are representatives of the Muslim world. Thus, the explored activity of the international intergovernmental organization in the field of human rights, namely the Organization of Islamic Cooperation, which unites all Muslim countries of the world and in its activities is guided by the principles of Sharia. The study of the activities of this organization in the field of human rights contains an analysis of sectoral acts (for example, the Dhaka and Cairo Declarations), a study of the activities of bodies of special (Independent Permanent Commission on Human Rights) and general (Islamic Summit) competencies and other issues that relate to the mechanism of promoting and protecting human rights. Conclusions and prospects for the development. The authors came to the conclusion that the concept of human rights in the Islamic world is quite heterogeneous, even in comparison between countries where Sharia is dominant. The authors note the special role of the Organization of Islamic Cooperation as a leading basis in the Islamic doctrine of human rights, as this organization unites all Muslim countries into one monolithic bloc, which leads to the formation of a single Muslim autonomous will, which includes all national doctrines and approaches.

Comparative Law and the Study of Mixed Legal Systems

2019 ◽  
pp. 473-501
Author(s):  
Jacques Du Plessis
Keyword(s):  
Legal System ◽  
Legal Pluralism ◽  
Comparative Law ◽  
Legal Systems ◽  
Comparative Analyses ◽  
The World ◽  
Mixed Nature ◽  
Key Questions

Legal systems generally are ‘mixed’ in the sense that they have been influenced by a variety of other systems. However, while some legal systems, for a period of time at least, reach a certain level of uniformity, the diversity or ‘mixedness’ of the origins of other systems is more pronounced. This chapter deals with the experiences of the latter systems, and especially with their relevance to the discipline of comparative law. The focus is first on the concept of a mixed legal system, as well as related concepts, such as legal pluralism and hybridity, that have gained prominence in comparative analyses. Thereafter key questions that arise from these analyses are then considered in detail. These questions include how the mixed nature of legal systems is to be dealt with in representations of legal diversity of the world, how mixed legal systems are formed, and what could be learned from their experiences.

The Influence of the West German Constitution on the Legal System of the Country

1989 ◽  
Vol 17 (2) ◽  
pp. 111-122
Author(s):  
Juergen Christoph Goedan
Keyword(s):  
Human Rights ◽  
Legal System ◽  
List Type ◽  
Federal Republic Of Germany ◽  
Type Number ◽  
The West ◽  
Basic Law ◽  
The World ◽  
German Constitution ◽  
German People

Article 1 of the Basic Law the Constitution of the Federal Republic of Germany, reads as follow: “(1)The dignity of man shall be inviolable. To respect and protect it shall be the duty of all state authority.(2)The German people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world.(3)The following basic rights shall bind the legislature, the executive and the judiciary as directly enforceable law.”This article answers, in a nutshell, all the questions one might raise regarding the influence of a constitution on the legal system of a country.

Statement at the Regional Meeting for Asia for the World Conference on Human Rights

2018 ◽  
pp. 197-204
Author(s):  
L.M. Singhvi
Keyword(s):  
Human Rights ◽  
Cultural Heritage ◽  
Human Dignity ◽  
New World ◽  
World Order ◽  
Human Values ◽  
World Conference ◽  
New World Order ◽  
The World ◽  
Human Rights Norms

Dr Singhvi argues that Asia has shared cultural heritage going back to many centuries and rooted in basic human values which should inspire a passionate striving for peace and a compassionate commitment to human rights and human obligations. These values have a profound contemporary relevance and they have a significant and enduring contribution to make in advancing the cause of human dignity and happiness everywhere and in building a new world order. The Asian human rights perspective must reflect the universality of human rights norms as well as the particular perceptions and aspirations of Asia which is home to more than half the population of the world, states Dr Singhvi.

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