scholarly journals Priority right of Land Users to Conclude a New Land Rental Contract

2014 ◽  
Vol 3 (1) ◽  
pp. 19-23
Author(s):  
Jarmila Lazíková
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Point Of View ◽  
Land Rental ◽  
Land User ◽  
Points Of View ◽  
The Law

Abstract (EN) The paper deals with the problem of priority right of land users to conclude a new land rental contract from two points of view. The first one is what kind of legal protection can be used by land user if the land owner (landlord) violates his priority right guaranteed by the law. The second point of view is oriented to the ownership right of landlord as one of the human rights and its limitation in favour the land users.

THE ROLE OF THE JUDICIARY IN THE CONSTITUTIONAL AND LEGAL MECHANISM FOR THE PROTECTION OF HUMAN RIGHTS AND FREEDOMS

2018 ◽  
Author(s):  
Mariana Khmyz ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Legal Aspect ◽  
Legal Protection ◽  
The State ◽  
Time Dynamic ◽  
Protection Of Human Rights ◽  
The Law ◽  
Judicial Protection

The article reveals the role of the judiciary in the context of ensuring the protection of human rights and freedoms in terms of practical approach. It was found that ensuring the protection of human rights and freedoms in Ukraine is regulated by the Constitution of Ukraine, the Law of Ukraine «On the Commissioner for Human Rights of the Verkhovna Rada of Ukraine» and the Law of Ukraine «On Citizens' Appeals». It is established that in Ukraine judicial protection is enshrined in the Constitution of Ukraine, in particular in Article 55, according to which the rights and freedoms of man and citizen in particular are protected by the court. It is proved that the functioning of the constitutional mechanism for the protection of human rights and freedoms can occur only if the state actively participates in ensuring such rights and freedoms. It is determined that an important component of subjective human rights is the right to judicial protection, which should be realized not only in the direct dimension, but also through the activities of state bodies or bodies or organizations authorized by the state. It is established that the concept of «protection» from the standpoint of the legal aspect is interpreted as a legal obligation of the state in the face of bodies, organizations or officials authorized by it, and as the ability of a person to exercise personal subjective right. It was clarified that the concept of «protection of human rights and freedoms» should be interpreted as a set of measures of organizational and legal nature to ensure legal protection or remove obstacles that arise in the context of the exercise of subjective rights and rights to restore such rights, if they were violated with the application of measures on this basis in the form of punishment of the offenders. It is proposed under the mechanism of protection of human and civil rights and freedoms, in particular, to define a holistic, legally enshrined and at the same time dynamic system, which includes subjects, objects, methods and means of protection of human and civil rights and freedoms. to neutralize illegal obstacles, as well as to prevent the emergence of new obstacles. It is proved that the mechanism of protection of human and civil rights and freedoms in particular should consist of institutional and functional systems. It is noted that the prospects for further research in this area are to determine the requirements for the incompatibility of the position of a judge with other activities in a comparative constitutional and legal aspect.

scholarly journals PERLINDUNGAN HUKUM ATAS HAK POLITIK PEREMPUAN OLEH NEGARA

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Yosefina Daku
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
The Political ◽  
Political Rights ◽  
Political Field ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Law

As the law states, Indonesia  provide the protection of the rights for of all people without the discrimination. By the basis of the mandate of the Preamble to the Constitution of 1945 that "a just and civilized humanity," the Indonesian state guarantees of a society that is fair. Political rights granted by the country with regard to discrimination is legal protection by the state against women's political rights. By participating in the convention and recognized in the form of Law Number 7 Year of 1984 on Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, an attempt by the state to remove the problems in realizing the equality of women and men. Therefore  the  problem  that  can  formulated are: 1) how the legal protection of women's political rights in Indonesia? 2) how the implementation of Law Number 7 Year of 1984 on Ratification of the Convention on the Eliminationof All Forms of Discrimination Against Women Related Political Rights of Women?. The purpose of this study was to examine the legal protection by the state against the ful fillment of women's political rights in Indonesia and the implementation of protection of women's political rights pursuant of Law Number7 Year of 1984. This research is a normative law. The technique used in this research is to use the concept approach and statutory approach to reviewing the legislations and legal literatures. Rights protection as a form of justice for each person more specifically regulated in Law about Human Rights. Protection of the rights granted to women by the state including the protection of the political field regulated in some provisions of other legislation. By removing discrimination against women in it’s implementation still look at the culture and customs which is certainly not easy to do and the state is obliged to realize the objectives of the convention

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 Humans: The Biggest Barrier to Realising Human Rights - A South African Perspective

2020 ◽  
Author(s):  
Erika Serfontein
Keyword(s):  
Human Rights ◽  
South African ◽  
Legal Protection ◽  
Well Being ◽  
Human Behaviour ◽  
Individual Autonomy ◽  
International Human Rights Law ◽  
Human Right ◽  
Legal Principles ◽  
The Law

In demarcating the law, human rights, and human behaviour, the objective is to explore the tension between safeguarding human rights and promoting individual autonomy. While international human rights law signifies the potential of creating dignified life experiences, the behaviour of humans, and, specifically, of those in government incited my focus on the effect of human behaviour on the realizsation of human rights. By studying human rights through a philosophical lens, a (a) conceptual clarification of human rights is provided, (b) the most prominent human rights are identified, (c) general and specific justifications of human rights discussed, and (d) the normative implications of human right claims explored. Focus is placed on South Africa although the value and potential generalisation generalization of the data for evaluating the effectiveness of human rights in achieving their social goal globally, are acknowledged. Reviewing literature, an overview is provided of the law and human rights; the different dimensions of human rights; and human behaviour. Persistent human rights violations, albeit legal protection, are delineated and the significant role played by human behaviour during such violations are highlighted. Given that human behaviour is influenced by various ethical, social, and legal principles, governments are urged to be mindful of the well-being of the humans they are ethically and legally obliged to serve.

scholarly journals Pre-Trial in the Criminal Justice System in Military Criminal Judges in Indonesia

2021 ◽  
pp. 1-9
Author(s):  
Sugeng Sutrisno
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Justice System ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Court System ◽  
Criminal Cases ◽  
Procedure Code ◽  
The Law ◽  
The Military

Law enforcement in the Military Court System in the settlement of criminal cases committed by TNI soldiers is seen as not yet fully guaranteeing legal protection for the rights of suspects, this is due to the absence of a control agency that oversees the actions of law enforcement officers in carrying out their duties and authorities as is the case in the system. General Court. This condition should not drag on indefinitely, because it will affect the law enforcement process and harm the suspect to fight for his rights to obtain justice which results in human rights violations (TNI soldiers). The purpose of the establishment of the Pretrial Institution is as stated in the Elucidation of Article 80 of the Criminal Procedure Code which states that this article intends to uphold law, justice, and truth through horizontal supervision. Settlement of criminal cases in Indonesia in addition to the Code of Criminal Procedure Code (KUHAP) which applies to civil society, we also recognize the existence of the Military Criminal Procedure Code which is regulated in Law Number 31 of 1997 concerning Military Courts, namely the law that regulates the procedure for resolving criminal cases. a criminal case committed by a TNI soldier. The Law on Military Courts includes the provisions of the litigation process (Military Criminal Procedure Law) starting from the investigation stage, submission of cases, the examination process at trial to the implementation of decisions. 31 of 1997 does not regulate pretrial. In several cases in the Military Court where a suspect was detained without a warrant for detention or was late in obtaining a warrant for detention, therefore such actions may conflict with the principles applicable in the provisions of criminal law so that they do not respect the position of the suspect as a creature created by God, even the act can lead to human rights violators. Therefore, in the military justice system in Indonesia, pretrial institutions are needed as a form of horizontal external supervision.

LEGAL PROTECTION RELATED TO THE DENSITY RIGHTS IN TERMS OF REWARDED IN CORRECTIONAL INSTITUTION

2018 ◽  
Vol 5 (2) ◽  
pp. 175
Author(s):  
Lily Faradina ◽  
Kadek Wiwik Indrayanti
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Correctional Institution ◽  
Human Beings ◽  
The People ◽  
The Law ◽  
The Right ◽  
Work Done

The rights of prisoners have been explicitly regulated in Act No.12 of 1995 on Corrections. The law therein outlines 13 (thirteen) rights reserved for a prisoner while in a Penitentiary. The right to get a wage or premium for the work done is a right that is often neglected in practice in the correctional institution located in our country. This happens because of the stigma of the people who still tend to assume that a prisoner is a party that deserves to be treated arbitrarily because of the crime he has committed. It is this kind of thinking that ultimately also affects officials or prison officers who end up treating incendiary people like humans who are unfit to accept the rights that have been provided by the state. Many inmates are employed in penitentiaries who are not paid for by their employers. If this continues to be done then the purpose of punishment will actually violate human rights inherent in the Prisoners as human beings. However, prisoners must also be protected by their rights as human beings.

scholarly journals Perlindungan Hukum terhadap Pengikut Aliran Syiah di Kabupaten Sampang Jawa Timur

2015 ◽  
Vol 4 (02) ◽  
pp. 243-260
Author(s):  
Achmad Maududi
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
Legal Protection ◽  
Protection Of Human Rights ◽  
Religious Sect ◽  
The Law ◽  
The Right

Abstract : The followers of Syiah religious sect in Sampang can get legal protection when they  want to do Bai’at again to the teachings of Ahlus sunnah wal Jamaah. It is agreed, because they believe Itsna Asyarah Syiah religious sect that its existing banned in Indonesia. Legal protection for them is the right of  citizens of Indonesia stipulated in the 1945 constitution. The guarantee of 1945 constitution, written constitution,  in the case of  citizens protection states  itself as the law state that the implementation of its goverment based on law. As a consequence of the law state,  recognation, respect, and protection of human rights should get a serious attention without discrimination in any forms. That the violence for whatever reason that may lead to violence action on the protect of religion is not justified forever. This is in accordance with embodiments of  article 28 and 29 of 1945 constitution which says that every citizens  has the right to run their  each religious beliefs and convictions.Keywords: Legal protection, Syiah, Sampang

scholarly journals COMPLETION HAK ASASI MANUSIA BUKAN HAK ASASI MANUSIA KEDUNGUAN

2021 ◽  
Author(s):  
Maman sufirman
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Legal Research ◽  
The Public ◽  
The Law ◽  
Legal Procedures

The essence of this journal is about the resolution of human rights cases in Indonesia that still often ignore the human rights of victims. Settlement of human rights cases needs to be resolved fairly and pay attention to the value of human rights of all parties concerned. It's not just seeing who's in charge and that's what's being defended. The Settlement of Human Rights must be done fairly regardless of feathers. In this journal will raise the case of misrepresentation that occurred to 4 complainants Cipulir in Indonesia. Both were arrested and arrested on charges of murder they did not commit. This journal is the result of normative legal research. The results showed that legal protection against victims of misconduct has been regulated in the Law only justice can not be applied because of the lack of professionalism of investigators, the public and victims of misrepresentation who do not understand their rights and legal procedures.

scholarly journals СУДСКА ГРАЂАНСКОПРАВНА ЗАШТИТА ОД ДИСКРИМИНАЦИЈЕ ПО ОСНОВУ ПОЛА

TEME ◽  
2018 ◽  
pp. 917
Author(s):  
Владимир Боранијашевић
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Personal Characteristics ◽  
Democratic Society ◽  
Contemporary Society ◽  
Social Phenomenon ◽  
The Law ◽  
The Republic ◽  
The Right

Although defined as an extremely negative social phenomenon and prohibited according to the regulations of numerous documents, discrimination is widely present in contemporary society. An almost unlimited list of personal characteristics of an individual or a group of people is a basis for various ways of discriminatory acts. One form of discrimination is discrimination based on sex. The right to equality of sexes represents one of the basic human rights and a significant value of democratic society, while it is exactly discrimination based on sex that represents one of the most common forms of discrimination. In the paper the concept of equality of sexes, normative sources which prohibit discrimination based on sex and legal solutions contained in the Law on Equality of Sexes of the Republic of Serbia have been pointed out. Special attention has been given to the analysis of the specific rules according to which to provide civil legal protection against discrimination and according to which to act in litigations for protection against discrimination based on sex.

scholarly journals Legal Protection for Debtors over Separatist Creditors' Rights Related To Bankruptcy

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 83
Author(s):  
Sutrisno Sutrisno
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Company Performance ◽  
Creditor Rights ◽  
The Law ◽  
The Republic

Indonesia, as a rechtstaat country, has consequences for the protection and respect of human rights of every class of society; for this reason the law in Indonesia must be able to realize the mandate of Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia. This includes legal protection for debtors over the rights of separatist creditor billing when bankruptcy occurs. In fact, the implementation of legal protection for debtors has not been able to do fairly up to now; this can occur because 1) the requirements for requesting bankrupt statements make it easy for debtors to go bankrupt, even though the debtor is actually in a state of solvency; 2) the PKPU mechanism has not provided extensive opportunities for debtors to improve company performance; and 3) efforts in bankruptcy are dominated by the authority of creditors. While, the problems that have resulted in the implementation of legal protection for debtors over the separatist creditor's collection rights so far are as follow: 1) there has been no funds for the costs of arranging and clearing bankrupt assets; 2) the bankrupt debtor is not cooperative and 3) the debtor sells / transfers his assets before being declared bankrupt. The method used in this paper is sociological juridical with non-doctrinal approach.Keywords: Debtor; Separatist Creditor Rights; Bankruptcy; Legal Protection.

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