scholarly journals The Retroactive Principle in Law No. 26 of 2000 concerning the court of human rights

2020 ◽  
Vol 1 (2) ◽  
pp. 139
Author(s):  
Ricky Tongam Marpahala Siahaan ◽  
Candra Perbawati ◽  
Ahmad Saleh
Keyword(s):  
Human Rights ◽  
Research Methods ◽  
Secondary Data ◽  
The State ◽  
Human Rights Violations ◽  
Legal Rules ◽  
The Past ◽  
Protection Of Human Rights ◽  
The Law ◽  
The Government

Protection of human rights is a responsibility that must be carried out by the state, in this case the state must also resolve cases of human rights violations that have occurred. There are many cases of human rights violations that occurred in the past but cannot be resolved because there are no legal rules that govern at that time. The presence of Law Number 26 of 2000 concerning the court of human rightss is certainly a way for the government to resolve the problem of gross human rights violations in the past. The principle of retroactivity was included in Law Number 26 of 2000 concerning the court of human rightss so that gross violations of human rights that occurred in the past could be resolved. The retroactive principle in Law Number 26 of 2000 concerning the court of human rightss is considered to violate existing regulations in Indonesia, especially it is considered contrary to the 1945 Constitution. -Law Number 26 of 2000 concerning the court of human rightss. This research uses normative research methods. The data used are secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study indicate that the application of the retroactive principle in Law Number 26 of 2000 concerning the court of human rightss does not contain elements that are absolutely contradictory to the Law. 1945 foundation.

scholarly journals IMPLEMENTASI PENGAKUAN DAN JAMINAN HAM SEBAGAI UPAYA PENGUATAN INTEGRASI BANGSA

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Nadir Nadir
Keyword(s):  
Human Rights ◽  
World Order ◽  
The State ◽  
National Integration ◽  
The Past ◽  
International Stability ◽  
The World ◽  
Protection Of Human Rights ◽  
The Government ◽  
Radical Movement

The existence of radicalism movement recently has made us worried about the nation and state life in the world order, since this movement is able to attract others from various elements of people and states that the teachings and ideology the movement offers are good. This movement at last will influence either the national or international stability because it is wellorganized. Therefore, it is necessary to reinforce the recognition and assurance of human rights especially the prosperity of the state that may make Indonesian people easy to be attracted by any offerings given by the groups of this radical movement. If in the past the movement of human rights was constructed by the thinkers due to arbitrarv rulers, at present human rights is moved and thought in order to strengthen the national integration. The alarming development of trans- national radicalism movements has given impacts on a national disintegration, therefore, the principle of recogmtion and assurance in the protection of human rights is lead to protect, save, and to assure the prosperity porn the state since few peoplejoining in a radical movement are not caused ofjihad but of economic reasons. If the state seriously give some recognition and assurance of human rights, the citizens feel to be protected. This in turns results in a sympathetic emphatic feelings to the government and the state, and therefore the national integration will still be kept intact and well-woven.

scholarly journals RELEVANSI HUKUM DAN HAK ASASI MANUSIA DENGAN AGENDA REFORMASI: DIMENSI NASIONAL DAN INTERNASIONAL

2020 ◽  
Vol 5 (2) ◽  
pp. 350
Author(s):  
Ismail Marzuki ◽  
Faridy Faridy
Keyword(s):  
Human Rights ◽  
Social Interactions ◽  
Social Order ◽  
Reform Agenda ◽  
Legal Rules ◽  
Recognition Respect ◽  
Protection Of Human Rights ◽  
The Law ◽  
The Difference ◽  
The One

In life, humans certainly cannot be separated from their social interactions with others. Friction between individuals or between nations is something that is inevitable. That is because the understanding of the legal system and culture of a different society. The difference in opinion certainly needs to be harmonized by not locking up the meeting room of everyone's expression. From here, the existence of legal rules/norms on the one hand becomes important in people's lives. On the other hand, the recognition, respect and protection of human rights are also important to be accommodated. Therefore, this article examines the law as a means of maintaining social order, and human rights as a set of rights that describe the existence of human freedom in expressing their actions, and how relevant they are to the reform agenda, namely enforcing the law against violators of human rights seriously, both in national and international.

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 Hak Asasi Manusia terhadap Narapidana Narkotika Sebagai Warga Binaan Pemasyarakat Menurut Undang-Undang Nomor 12 Tahun 1995 Tentang Pemasyarakatan

Wajah Hukum ◽  
2019 ◽  
Vol 3 (2) ◽  
pp. 192
Author(s):  
Sigit Somadiyono ◽  
Nella Octaviany Siregar
Keyword(s):  
Human Rights ◽  
Daily Life ◽  
Correctional Officers ◽  
The State ◽  
Human Rights Violations ◽  
Daily Lives ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
The Government

This research specifically discusses the human rights of prisoners as prisoners in prison, which in their daily lives must be respected, upheld and protected by the state, the law (in this case the Penitentiary Act to be in line with the Human Rights Act), the government through the apparatus is correctional officers and fellow inmates. Prisoners in their daily life can make mistakes and lives that are in contact with human rights violations. The object of this research is the human rights of inmates as prisoners in prison (WBP). The formulation of the problems in this study are (1) How are the human rights protection arrangements for prisoners in prison according to Law Number 12 of 1995; and (2) How is the implementation of human rights protection for narcotics prisoners in prison in East Tanjung Jabung Regency. This study uses Law Number 12 of 1995 Concerning Corrections and other derivative regulations. The results showed that there were differences in the implementation of human rights protection for prisoners with Law Number 12 of 1995 Concerning Corrections. 

scholarly journals The role of african court on human and peoples’ rights protection: the case of libyan crises

2019 ◽  
Vol 6 (3) ◽  
pp. 213-222
Author(s):  
Getahun Kumie Antigegn
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Qualitative Methodology ◽  
Human Rights Violations ◽  
Court Decisions ◽  
Humanitarian Law ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
The Government

The emergence of regional human rights systems depicts one of the greatest achievements in the internationalization of human rights. The foundation of the charter paved the way for the birth of the court thereafter. The African Court is established by virtue of the 1998 protocol to the Charter and the court is built upon an arsenal of protective and remedial techniques. The establishment of the court has reset the stage and created a new platform for the protection of human rights in Africa. The cardinal objective of the paper is to investigate the role of African Court on human and Peoples’ rights protection in Libya Crises taking the case of Saif Al Islam Gaddafi. The paper has utilized qualitative methodology. The government of Libya responded with brutal force against civilian protesters in contravention of international human rights and humanitarian law. The security force of the government of Libya killed many protesters as well. This situation intensified human rights violations and enforced many of the peoples to displace. The court issued an important ruling in March 2011, ordering provisional measures against Libya in the armed conflict in its territory. Libya government denied the claims of human rights violations in its territory and showed its willingness to subject itself to criminal investigations by the Court if necessary. The issue of the fund, independence, commitment and competence of judges to interpret mandate and jurisdiction, the willingness of the states to support and to abide by court decisions, and powers of the concerned body to enforce court decisions hampered the court from being effective. Generally, African States act in good faith with respect to the decisions of the African Human Rights Court, the court becomes more import.

scholarly journals IMPLEMENTASI PRINSIP KEBEBASAN BERAGAMA DAN BERKEYAKINAN DI INDONESIA (Studi Kasus: Tanggung Jawab Negara dalam Konflik Sampang, Madura)

2017 ◽  
Vol 4 (1) ◽  
pp. 91
Author(s):  
Rizky Adi Pinandito
Keyword(s):  
Human Rights ◽  
The State ◽  
Religious Conflict ◽  
Freedom Of Religion ◽  
State Responsibility ◽  
Human Rights Violations ◽  
Government Officials ◽  
Security Forces ◽  
The Government

The purpose of this study is to explain in depth how the responsibility of the state c.q Government of Indonesia against violations of the principle of freedom of religion in the case of Sampang, Madura. The method of approach used in this research is normative juridical in discussing the issue of implementation of protection and guarantee to freedom of religionand belief which is regulated in constitution and Indonesian legislation system and how state responsibility to religious conflict happened in Sampang, Madura, Jawa East. The results of the research conducted in the case of Sampang are, the security forces do not act or do omission(omission) in the event of riots. In addition, the government’s attitude that provoked provocation was shown by the MUI who issued a decree stating that the Shia taught by Tajul Muluk is heretical. The State should (in this case the Police) take precautions. Therefore, the State c.q The Government of Indonesia is obliged to provide compensation, restitution and rehabilitation to victims of human rights violations as well as to give legal assertiveness to all perpetrators of riots including government officials who allow the riots of human rights violations

scholarly journals Reframing Indigenous Territories: Private Property, Human Rights and Overlapping Claims

2014 ◽  
Vol 38 (4) ◽  
pp. 3-28 ◽  
Author(s):  
Brian Thom
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Private Property ◽  
Indigenous Rights ◽  
The State ◽  
Human Rights Violations ◽  
The Core ◽  
Indigenous Territories ◽  
The Government ◽  
Government Of Canada

This paper considers the implications of the powerful "overlapping territories" map produced by the government of Canada in its attempt to refute human rights violations charges brought by Hul'qumi'num Treaty Group at the Inter-American Commission on Human Rights. The map is at the core of Canada's defense in that it suggests that overlapping indigenous territories negate claims of exclusivity over the land and therefore any kind of obligations the state may have in respect of human or other indigenous rights in those lands. Revealing the limits of cartographic abstractions of indigenous spatialities, as well as the perilous stakes for indigenous peoples when engaging in conventional discourses of territoriality, these issues have broad significance.

scholarly journals Pemenuhan Hak Kebebasan Berpendapat Berdasarkan Undang-Undang Nomor 9 Tahun 1999 Tentang Kemerdekaan Berpendapat Di Muka Umum

2020 ◽  
Vol 1 (1) ◽  
pp. 41-58
Author(s):  
Nur Yusriyyah Bakhtiar ◽  
La Ode Husen ◽  
Muhammad Rinaldy Bima
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Secondary Data ◽  
The State ◽  
Legal Research ◽  
Legal Rules ◽  
The Right

Penelitian ini bertujuan, pertama, Menganalisis dan menjelaskan pemenuhan hak kebebasan berekspresi berdasarkan undang-undang nomor 9 tahun 1998 tentang kemerdekaan menyampaikan pendapat di muka umum. Kedua, Menganalisis upaya negara untuk melindungi hak asasi manusia dari tindakan anarkis dalam kebebasan berekspresi. Penelitian ini dilakukan dengan metode penelitian hukum doctrinal normatif atau penelitian hukum kepustakaan, yaitu penelitian hukum yang dilakukan dengan cara meneliti bahan pustaka atau data sekunder yang terdiri dari bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Bahan-bahan tersebut disusun secara sistematis, dikaji, kemudian ditarik suatu kesimpulan dalam hubungannya dengan masalah yang diteliti. Hasil penelitian ini: Pertama, Undang-Undang Nomor 9 Tahun 1998 tentang Kebebasan Mengemukakan Pendapat di Muka Umum, masih terdapat kekurangan berkaitan dengan pembatasan-pembatasan yang ada, sebab tidak dicantumkan jelas mengenai batasan yang tidak boleh dilanggar seseorang, agar tercipta relevansi di antara peraturan perundang-undangan. Kedua, Menyampaikan pendapat di muka umum merupakan hak bagi setiap warga negara, namun apabila tindakan yang dilakukan oleh para pengunjuk rasa berakhir anarkis, maka tidak dapat dikategorikan sebagai perbuatan melanggar Hak Asasi Manusia sehingga aparat kepolisian dapat menindak berdasarkan aturan hukum yang berlaku. This study aims, firstly, to analyze and explain the fulfillment of the right to freedom of expression under Law No. 9 of 1998 concerning freedom of expression in public. Second, Analyze the efforts of the state to protect human rights from anarchist actions in freedom of expression. This research was conducted with the method of normative doctrinal legal research or library law research, namely legal research conducted by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The materials are arranged systematically, reviewed, then drawn a conclusion in relation to the problem under study. The results of this study: First, Law No. 9 of 1998 concerning Freedom of Expression in Public, there are still shortcomings related to existing restrictions, because there is no clearly stated boundaries that must not be violated by a person, so as to create relevance between regulations legislation. Second, expressing an opinion in public is a right for every citizen, but if the actions taken by the protesters end up being anarchist, then it cannot be categorized as an act of violating Human Rights so that the police can act based on applicable legal rules

scholarly journals AKIBAT HUKUM PENOLAKAN PERMOHONAN ITSBAT NIKAH OLEH PENGADILAN AGAMA TERHADAP PARA PIHAK YANG MELAKUKAN NIKAH SIRI (STUDI KASUS PUTUSAN NOMOR: 1478/Pdt.G/2016/PAJT)

2018 ◽  
Vol 1 (2) ◽  
pp. 49
Author(s):  
Hafidz Nugroho ◽  
Imelda Martinelli
Keyword(s):  
Marital Status ◽  
The State ◽  
The Past ◽  
The Status ◽  
The Law ◽  
The Government ◽  
Husband And Wife

Siri marriage is marriage opposed to the act of mating because it is not registered, usually siri marriage used by the husband to have more than one wife, basically nikah siri do not have the force of law and not guarantee the rights of a wife and child,  for that entreaty itsbat marriage to the religious court to help the parties husband and wife to get marriage certificate, so that it will have the force of law and guarantee the rights of a wife and chil, but the submission of itsbat nikah rejected by religious court by reason of the husband did not ask for permission wife in the past and the court, how did due to the law of renuncation itsbat nikah ?  the author examines these issues with normative juridical analysis. The data were drawn in the ruling writer analyzes that it is has no permit wife in the past and also the court, Resulting in refusal entreaty the itsbat marriage, Its impact is against marital status to be illegitimate in the state,  and the status of a child to be children outside of mating. The government should supervise and socialize about the  siri marriage and Due to everything that can be inflicted

scholarly journals URGENCY OF WIRETAPPING IN GETTING EVIDENCE IN CRIMINAL MEASURES

2020 ◽  
Vol 16 (2) ◽  
pp. 139-148
Author(s):  
Wiwik Afifah
Keyword(s):  
Human Rights ◽  
Research Method ◽  
The State ◽  
Human Rights Violations ◽  
Conceptual Approach ◽  
Procedure Code ◽  
Criminal Offenses ◽  
The Law ◽  
Personal Interests ◽  
Special Step

AbstractExtraordinary crime requires a special step in its disclosure. Wiretapping is one of the efforts to gather evidence to uncover the crime. But in the RKUHP, wiretapping will also be applied to general criminal offenses. This places the law enforcers have access to personal interests in the name of the law. So vulnerable to human rights violations. Therefore it is important to conduct a study of the urgency of wiretapping in criminal acts. The research method used is normative juridical and the method used is the statutory and conceptual approach. The results of this study indicate that there is an urgency to conduct wiretapping arrangements on specific criminal acts and not on general crime This urgency arises based on the characteristics of the crime. The author's suggestion is that wiretapping of general criminal acts in the criminal procedure code should be abolished, and the state drafted a law on tapping that specifically regulates material and formal law.Keywords: criminal acts; urgency of wiretappingAbstrakKejahatan luar biasa membutuhkan langkah khusus dalam pengungkapannya. Penyadapan adalah salah satu upaya untuk mengumpulkan bukti untuk mengungkap kejahatan. Namun dalam RKUHP, penyadapan juga akan diterapkan pada pelanggaran pidana umum. Ini menempatkan penegak hukum memiliki akses ke kepentingan pribadi atas nama hukum. Sangat rentan terhadap pelanggaran HAM. Oleh karena itu penting untuk melakukan studi tentang urgensi penyadapan dalam tindak pidana. Metode penelitian yang digunakan adalah yuridis normatif dan metode yang digunakan adalah pendekatan hukum dan konseptual. Hasil penelitian ini menunjukkan bahwa ada urgensi untuk melakukan pengaturan penyadapan pada tindakan kriminal tertentu dan bukan pada kejahatan umum. Urgensi ini timbul berdasarkan pada karakteristik kejahatan. Saran penulis adalah bahwa penyadapan tindakan kriminal umum dalam kode prosedur pidana harus dihapuskan, dan negara membuat undang-undang tentang penyadapan yang secara spesifik mengatur materi dan hukum formal.Kata kunci: tindak pidana; urgensi penyadapan

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