scholarly journals Pelaksanaan ‘Uqubat Restitusi terhadap Korban Perkosaan

2019 ◽  
Vol 21 (2) ◽  
pp. 227-240
Author(s):  
Elda Maisy Rahmi ◽  
Ali Abu Bakar ◽  
Suhaimi Suhaimi
Keyword(s):  
Law Enforcement ◽  
Rape Victim ◽  
Rape Victims ◽  
Legal Proceedings ◽  
The Family ◽  
The Right

Penelitian ini ingin menjawab faktor apa saja yang meleatarbelakangi tidak terlaksananya ‘uqubat restitusi, serta upaya yang dapat dilakukan untuk memperoleh hak restitusi terhadap korban perkosaan. Selama tahun 2018, wilayah hukum Mahkamah Syar’iyah Jantho yang menanggani kasus perkosaan tidak pernah menerapkan uqubat restitusi terhadap pelaku perkosaan. Penelitian ini menggunakan pendekatan yuridis empiris, lokasi penelitian di wilayah hukum Mahkamah Syar’iyah Jantho. Hasil penelitian menunjukkan bahwa Qanun Jinayat telah menjamin pemberian hak kepada korban perkosaan. Hak restitusi terhadap korban perkosaan belum terlaksana disebabkan upaya dari korban sendiri tidak membuat laporan, pengaduan, dan pengakuan untuk ditinjaklanjuti oleh penegak hukum. Pada dasarnya upaya yang dapat dilakukan untuk mendapatkan restitusi bagi korban tindak pidana perkosaan adalah adanya pengakuan dari korban, yang menderita dan juga adanya dukungan dari pihak keluarga atau masyarakat yang partisipasi terhadap korban sehingga mengajukan permohonan kepada yang berwajib untuk menjalani proses selanjutnya dengan tujuan agar terpenuhi hak korban. The Implementation of ‘Uqubat Restitution to Rape Victim This research wants to answer what factors are the underlying that have not been implemented the ‘uqubat restitution’, and the efforts to obtain restitution rights for rape victims. During 2018, the Jantho jurisdiction of the Syar'iyah Court never applied the restitutionary sentence to rape perpetrators. This study uses an empirical juridical approach, the location of the study is in the Jantho Jurisdiction of the Syar'iyah Court. The results showed that Qanun Jinayat had guaranteed granting rights to rape victims. The right to restitution of rape victims has not been realized due to the efforts of the victims themselves not to make reports, complaints, and confessions to be followed up by law enforcement. Basically, efforts that can be made to obtain restitution for victims are recognition of the victim and also support from the family or community so that the victim submits an application to the authorities to undergo legal proceedings in order to fulfill the victims' rights.

Child Participation

2020 ◽  
pp. 256-278
Author(s):  
Jaap Doek
Keyword(s):  
Health Care ◽  
School Health ◽  
Critical Assessment ◽  
Child Participation ◽  
Health Care Settings ◽  
Legal Proceedings ◽  
Rights Of The Child ◽  
Legal Foundation ◽  
The Family ◽  
The Right

This chapter starts with a critical assessment of the legal foundation of the concept of child participation from the perspective of the UN Convention on the Rights of the Child. It is followed by a discussion of how the right of the child to express her or his views should and could be implemented in the family, school, health care settings, legal proceedings, and in the community and society (public participation) and of the challenges children and others face with this implementation. The chapter concludes with recommendations for further actions that promote and support the participation of children in all areas of their lives.

scholarly journals Civil Right Protection Limits: Issues of the Theory and Practice

CIVIL LAW ◽  
2021 ◽  
Vol 1 ◽  
pp. 11-14
Author(s):  
Aleksandr B. Stepin ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Theory And Practice ◽  
Legal Proceedings ◽  
Administrative Procedure ◽  
Rights Protection ◽  
The Russian Federation ◽  
State And Local ◽  
The Right ◽  
Judicial Protection

Civil rights protection is an independent sphere of legal activity where subjective civil rights and powers of state and local self-government bodies and their officials are implemented. Ensuring compliance (coherence, balance) of the implementation of civil rights and individual public powers with the norms(s) of the law is achieved by means of limits (rules) judicial and non-judicial protection. The limits of protection are a system concept that combines the (internal) limits (rules) of the exercise of subjective civil rights (art. 10 of the civil code of the Russian Federation) and (external) limits (rules)of the authority granted (in the proper administrative procedure). They are considered together and characterize the officially established order of protection. When resolving complex issues of law enforcement related to the type of legal proceedings, the choice of the form and appropriate method of protection, etc., the limits allow you to avoid and (or) minimize the possible risks of adverse consequences in the implementation of the right to protection. At the stages of applying, securing and restoring the violated (disputed) right, the limits determine the sequence of implementation of the methods (means) of protection, the model of behavior, the scope of actions (inaction) of the counterparty, etc.

SYSTEMIC CAUSES OF THE APPEARANCE OF “COBRA EFFECT” IN THE MANAGEMENT OF SOCIO-ECONOMIC DEVELOPMENT

2019 ◽  
Vol 86 (3) ◽  
pp. 51-61
Author(s):  
M. S. Mokiy ◽  
E. K. Borzenko
Keyword(s):  
Economic Development ◽  
Economic System ◽  
Gross National Product ◽  
The Family ◽  
Social And Economic Development ◽  
Socio Economic Development ◽  
Energy Consuming ◽  
The Right ◽  
Goals And Objectives ◽  
Least Energy

The article on the basis of extrapolation of system laws of management of social and economic development illustrates the system reason of the Cobra effect, that is, a situation where, despite the rather attractive goals that managers formulate, the result of the activities of subordinates is opposite to what was intended. The main problem of management is the development of a system of indicators, in which, working on the indicator, employees would change the state in the right direction. The reason for the Cobra effect is the manifestation of systemic patterns of socio-economic development. The main system regularity is the desire of the system for stability and self-preservation. This state of the system is achieved using the least energy-consuming way. It is shown that any worker, realizing system regularities, aspires to stability and self-preservation. Therefore, the employee is always forced to work for achieving the indicator. The article analyzes the manifestation of these laws at the level of enterprises and state. When managers understand these patterns explicitly or covertly, changes in the economic system are moving in the right direction. It is shown that the existing system of target indicators used as indicators to assess the effectiveness of management does not meet the goals and objectives of socio-economic development. At the meso- and macrolevel, absolute, volumetric indicators, such as gross national product and others, reduce the range of benefits to the population. The article defines the vector of change in the system of indicators for assessing the effectiveness of management at the regional and state levels, based on the fact that the key element is the family. At the same time, the targets should be indicators to assess the availability of benefits for households.

ANALISIS ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2018 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ferry Fadzlul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form. Keywords: Abortion, , Reproductive Health

ANALISIS DEKRIMINALISASI ABORSI DALAM PERATURAN PEMERINTAH NO. 61 TAHUN 2014 TENTANG KESEHATAN REPRODUKSI

2016 ◽  
Vol 2 (2) ◽  
pp. 80
Author(s):  
Ferry Fadzul Rahman
Keyword(s):  
Law Enforcement ◽  
Reproductive Health ◽  
Government Regulation ◽  
Medical Emergency ◽  
Rape Victims ◽  
Negative Effects ◽  
Law Enforcement Agencies ◽  
Community Factors ◽  
Law Enforcement Officials ◽  
The Government

Abortion is a social phenomenon that is increasingly alarming. The concern is not without reason, because so far the behavior of abortion many negative effects both for themselves the perpetrators and the wider community. With the passing of the Government Regulation No. 61 Year 2014 on Reproductive Health still raises the pros and cons in the middle of the community. The approach used to address the problem that the above problems are normative juridical approach. Based on the results of the study need to decriminalize abortion in Government Regulation No. 61 Year 2014 on Reproductive Health which has the goal of creating the legal basis for abortion and the experts who helped him as an indication of a medical emergency or pregnancy due to rape, and factors inhibiting the decriminalization of abortion is legal factors themselves, law enforcement officials factors, factors facilities or infrastructure, community factors, and cultural factors. Suggestion that the author should the government needs to review the Government Regulation No. 61 Year 2014 on Reproductive Health in particular Article 31 and Article 34 within the limited evidence of rape victims in just 40 days because of the time limit is not relative to the law enforcement agencies to prove it, as well as regarding the evidentiary aspects of pregnancy due to rape victims in order to avoid an impression of legitimizing the act of abortion in any form.

VALUE EDUCATION SYSTEM IN INDIA

2019 ◽  
Vol 8 (1) ◽  
Author(s):  
Jyoti Narayan Patra ◽  
Jayanta Mete
Keyword(s):  
Education System ◽  
Personality Development ◽  
The Family ◽  
The Individual ◽  
The Right

Values are like seeds that sprout, become saplings, grow into trees and spread their branches all around. To be able to think right, to feel the right kind of emotions and to act in the desirable manner are the prime phases of personality development. Building up of values system starts with the individual, moves on to the family and community, reorienting systems, structures and institutions, spreading throughout the land and ultimately embracing the planet as a whole. The culture of inclusivity is particularly relevant and important in the context of our society, nation and making education a right for all children.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

EVERYDAY PRACTICE OF MOTHERS IN A PROVINCIAL SOVIET CITY IN THE 1950–60S

2020 ◽  
pp. 42-51
Author(s):  
Irina V. Bogdashina
Keyword(s):  
Well Being ◽  
Reproductive Behaviour ◽  
Working Mother ◽  
Material Wealth ◽  
The Real ◽  
Raising Children ◽  
Diffi Cult ◽  
The Family ◽  
The Right

The article reveals the measures undertaken by the Soviet state during the “thaw” in the fi eld of reproductive behaviour, the protection of motherhood and childhood. Compilations, manuals and magazines intended for women were the most important regulators of behaviour, determining acceptable norms and rules. Materials from sources of personal origin and oral history make it possible to clearly demonstrate the real feelings of women. The study of women’s everyday and daily life in the aspect related to pregnancy planning, bearing and raising children will allow us to compare the real situation and the course of implementation of tasks in the fi eld of maternal and child health. The demographic surge in the conditions of the economy reviving after the war, the lack of preschool institutions, as well as the low material wealth of most families, forced women to adapt to the situation. In the conditions of combining the roles of mother, wife and female worker, women entrusted themselves with almost overwork, which affected the health and well-being of the family. The procedure for legalising abortion gave women not only the right to decide the issue of motherhood themselves, but also made open the already necessary, but harmful to health, habitual way of birth control. Maternal care in diffi cult material and housing conditions became the concern of women and the older generation, who helped young women to combine the role of a working mother, which the country’s leadership confi dently assigned to women.

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