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 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 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 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 TANGGUNG JAWAB NEGARA DALAM PENYELESAIAN PELANGGARAN HAK ASASI MANUSIA

2017 ◽  
Vol 5 (4) ◽  
pp. 661
Author(s):  
Luh Putu Sela Septika
Keyword(s):  
Human Rights ◽  
The State ◽  
State Responsibility ◽  
Human Rights Violations ◽  
Conceptual Approach ◽  
The Law ◽  
Year 2000 ◽  
Laws And Regulations

The existence of human rights infractions automatically raises the state's responsibility to resolve based on laws and regulations. The problem in this research is how the settings related to the completion of state responsibility for human rights infractions in the laws and regulations in Indonesia? and how efforts to resolve the human rights infractions committed by the state? The type of approach used is the conceptual approach and the statuteapproach. Article 28 paragraph (4) states that the protection, promotion, enforcement and fulfillment of human rights is the responsibility of the state. Article 28 paragraph (4) states that the protection, promotion, enforcement and fulfillment of human rights is the responsibility of the state, so that the molded Act No. 26 Year 2000 on Human Rights Court. Efforts to resolve the human rights violations can be observed through the provisions of Article 11 through Article 27 of the Law No. 26 Year 2000 on Human Rights Court. Adanya pelanggaran hak asasi manusia secara otomatis memunculkan tanggung jawab negara untuk melakukan upaya penyelesaian sesuai peraturan perundangan-undangan.Permasalahan dalam penelitian ini adalah bagaimanakah pengaturan tanggung jawab negara terkait penyelesaian pelanggaran hak asasi manusia dalam peraturan perundang-undangan di Indonesia?serta bagaimanakah upaya penyelesaian pelanggaran hak asasi manusia yang dilakukan oleh negara? Jenis pendekatan yang digunakan adalah pendekatan konseptual dan pendekatan perudang-undangan.Pasal 28I ayat (4) menyebutkan perlindungan, pemajuan, penegakan, dan pemenuhan hak asasi manusia merupakan tanggung jawab negara, sehingga dibentuk Undang-Undang No. 26 Tahun 2000 tentang Pengadilan Hak Asasi Manusia yang mengatur upaya penyelesaian pelanggaran hak asasi manusia melalui ketentuan Pasal 11 sampai dengan Pasal 27.

scholarly journals The ex-PKI Political Prisoners Motive to Produce the Memories of 1965/66 Mass Violence in West Sumatra

SOCIUS ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 125
Author(s):  
Haldi Patra ◽  
Anatona Anatona ◽  
Yenny Narny
Keyword(s):  
Human Rights ◽  
The State ◽  
Political Prisoners ◽  
Human Rights Violations ◽  
Web Pages ◽  
Literature Study ◽  
Mass Violence ◽  
The Social ◽  
West Sumatra ◽  
The Government

This article analyses ex-PKI political prisoners' motive to produce their memory about mass violence and detention in 1965/66. They joined the YPKP (Yayasan Penelitian Korban Pembunuhan/Institute for Research on the victims 1965/65). In this organization, they expect justice for what they experienced in 1965. This article uses qualitative research. We acquire the data by interview and literature study. There are six interviewers –five of them are ex-PKI political prisoners, and one is the chairman of the YPKP branch in West Sumatra. Besides the interview, we also use relevant books, articles, newspapers, archives, and web pages. We employ the social memory approach to analyse this subject. The ex-PKI political prisoners' memory of violence had shaped the same vision between them to produce the memories of what they have experienced during 1965/66. Therefore, the old ex-political prisoners expected to straighten history to reconcile the government and the victims. They attempt to counter the state narration that mentions they had a part in the 30 September 1965 Movement to hold the coup and prove that the state victimized them for decades. Along with the straightened history, there are two primary purposes in this reconciliation they are fighting for; 1) Confession of the state that human rights violations had taken place; 2) Recovery and rehabilitation for those who had become the victim of human rights violations.

scholarly journals Human Rights and Law Enforcement

2019 ◽  
Vol 4 (1) ◽  
pp. 114
Author(s):  
Fransiska Novita Eleanora ◽  
Andang Sari
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
The State ◽  
Human Rights Violations ◽  
The Rule Of Law ◽  
The World ◽  
The Government

Humans born into the world have declared their rights and naturalrights as gifts from the Almighty, God and every State must recognize them aslegal subjects who must always be respected and protected to realize human valueswell. Therefore; no one can or can act negatively, including the state or even theauthorities or the government. Conceptually, a country that is expected to realizeit is only a legal state that is considered legitimate and adheres to the notion ofdemocracy, namely democracy will become a rule and law. The realization of therule of law is to take action against perpetrators who are proven to have committedcrimes and human rights violations. This paper explains that there are still manycases of gross violations of human rights that have not been clearly revealed andthe perpetrators have not been given appropriate punishment, by giving sanctionsto the perpetrators, so that law enforcement is not realized. The embodiment ofthe rule of law is that it can capture cases of gross violators of human rights andconvict the perpetrators in accordance with the laws that apply in accordance withthe characteristics of the rule of law. The problem is whether law enforcement hasbeen realized especially in human rights violations and can be resolved throughnegotiation, conciliation and mediation.

scholarly journals Uncovering the Reality of State Violence in Western Zimbabwe, 1982-1987

2008 ◽  
Vol 10 ◽  
Author(s):  
Maxwell Zhira
Keyword(s):  
Human Rights ◽  
Political Power ◽  
State Violence ◽  
The State ◽  
Security Forces ◽  
State Security ◽  
Women And Children ◽  
The Subject ◽  
The Government ◽  
Robert Mugabe

The Zimbabwean slate waged a sustained terror campaign in the southern and western parts of the country from 1982 to 1987. An estimated twenty thousand men, women, and children died during the campaign. Most victims were murdered by state security forces, and others succumbed to conditions of disease and deprivation. The origins, nature, and impact of this conflict are the subject of considerable contention, particularly between analysts, human rights activists, and the government of President Robert Mugabe. Official inquiries into the conduct of the state and its agents have had difficulty gaining access to relevant records, and the government has repeatedly denounced the findings of independent investigations as slanderous. The terror operation waged in Matebeleland and the Midlands provinces can be used as evidence to argue that the government of President Mugabe from early on in its rule developed a tradition of using violence and intolerance as a tool for consolidating political power.

American and Canadian Civil Actions Alleging Human Rights Violations Abroad by Oil and Gas Companies

2008 ◽  
Vol 45 (3) ◽  
pp. 653 ◽  
Author(s):  
Jonathan Horlick ◽  
Joe Cyr ◽  
Scott Reynolds ◽  
Andrew Behrman
Keyword(s):  
Human Rights ◽  
Oil And Gas ◽  
The United States ◽  
Human Rights Violations ◽  
Law Of Nations ◽  
Forum Non Conveniens ◽  
The Government ◽  
Oil And Gas Companies ◽  
Political Question ◽  
The U.S

Under the United States Alien Tort Statute, which permits non-U.S. citizens to bring lawsuits in U.S. courts for human rights violations that are violations of the law of nations, plaintiffs have filed claims against multinational oil and gas corporations for the direct or complicit commission of such violations carried out by the government of the country in which the corporation operated. In addition to exercising jurisdiction over U.S. corporations, U.S. courts have exercised jurisdiction in cases involving non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside the U.S.The exercise of jurisdiction by U.S. courts over non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside of the U.S. raises serious questions as to the jurisdictional foundation on which the power of U.S. courts to adjudicate them rests. Defences that foreign defendants can raise against the exercise of jurisdiction by the U.S. courts are an objection to the extraterritorial assertion of jurisdiction, the act of state doctrine, the political question doctrine, forum non conveniens, and the principle of comity. These defences are bolstered by the support of the defendant’s home government and other governments.

People’s Movement in Odisha: An Assessment

2017 ◽  
Vol 63 (2) ◽  
pp. 265-283
Author(s):  
Subhendu Ranjan Raj
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
Civil Disobedience ◽  
The State ◽  
State Governments ◽  
Growth Strategies ◽  
Protest Movements ◽  
The People ◽  
The Government ◽  
Set Up

Development process in Odisha (before 2011 Orissa) may have led to progress but has also resulted in large-scale dispossession of land, homesteads, forests and also denial of livelihood and human rights. In Odisha as the requirements of development increase, the arena of contestation between the state/corporate entities and the people has correspondingly multiplied because the paradigm of contemporary model of growth is not sustainable and leads to irreparable ecological/environmental costs. It has engendered many people’s movements. Struggles in rural Odisha have increasingly focused on proactively stopping of projects, mining, forcible land, forest and water acquisition fallouts from government/corporate sector. Contemporaneously, such people’s movements are happening in Kashipur, Kalinga Nagar, Jagatsinghpur, Lanjigarh, etc. They have not gained much success in achieving their objectives. However, the people’s movement of Baliapal in Odisha is acknowledged as a success. It stopped the central and state governments from bulldozing resistance to set up a National Missile Testing Range in an agriculturally rich area in the mid-1980s by displacing some lakhs of people of their land, homesteads, agricultural production, forests and entitlements. A sustained struggle for 12 years against the state by using Gandhian methods of peaceful civil disobedience movement ultimately won and the government was forced to abandon its project. As uneven growth strategies sharpen, the threats to people’s human rights, natural resources, ecology and subsistence are deepening. Peaceful and non-violent protest movements like Baliapal may be emulated in the years ahead.

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