scholarly journals “PERAN PANCASILA PADA ERA GLOBALISASI” KAJIAN TERHADAP PANCASILA DAN FENOMENA LGBT (LESBIAN,GAY,BISEXUAL,TRANSGENDER) DI INDONESIA

2017 ◽  
Vol 19 (1) ◽  
pp. 126
Author(s):  
Wawan Setiawan ◽  
Yudhitiya Dyah Sukmadewi

LGBT phenomenon into a "hot issue" in the international and national levels. LGBT phenomenon in Indonesia would result in the pros and cons of the community. Various groups of people, mainly from religious groups opposed to the existence of the phenomenon. On the other hand, there are also groups that support the LGBT community in Indonesia, the main actors and human rights activists (Human Rights). Most LGBT people found contrary to the noble values of Pancasila, but on the other hand assumes that actors LGBT community is not sexual deviation, and shall have the rights and equality. It is thus necessary to do a study to determine the response of the people of Indonesia respond to the phenomenon of LGBT specifically in this case the younger generation, as well as to determine whether or not the phenomenon of LGBT contrary to the basic values of Pancasila as the State Indonesia.

ULUMUNA ◽  
2009 ◽  
Vol 13 (1) ◽  
pp. 59-80
Author(s):  
Ikhwan Ikhwan

The principle of retroactiveness in The Act, Number 26 in 2000 on Human Rights Jurisdiction provokes pros and cons. In one hand, severe violence against human rights is an extra ordinary crime that requires special treatment. On the other hand, retroactive legislation is against the principle of legality. In Islamic law, an act is considered a crime if it is proven by juridical evidences. An act is not considered a crime unless there is punishment for it. Therefore, every juridical decision adheres to the principle of legality that limits the extent of a law just for the future, not retroactive. According to most Muslim scholars, the principle of retroactiveness could be implemented if a new law is more just and humane without breaking the attainment of law ends. Implementation of the principle for severe violence against human rights is not allowed because it does not meet such requirement.


2020 ◽  
Vol 4 (1) ◽  
pp. 23
Author(s):  
Yoga Partamayasa ◽  
Rafiqi Anjasmara

<p>Oil and gas are non-renewable types of natural resources. On the other hand, in the current era human dependence on oil and gas is very high. To meet Indonesia's national needs for natural resources, Article 33 of the Indonesian Constitution has mandated that "the earth, water and natural resources contained therein be controlled by the state for the greatest prosperity of the people." But in its development the distribution of welfare over natural resources, especially oil and gas, has not been able to be well distributed in Indonesia. The "Jakarta Sentris" concept is still the basis for distributing natural resources, especially oil and gas. This makes regions that are rich in natural resources not necessarily have prosperous people and not necessarily high-income areas. Therefore, legal reform is needed in the field of oil and gas management by regions in Indonesia.</p>


2018 ◽  
Vol 3 (2) ◽  
pp. 198
Author(s):  
Elwidarifa Marwenny ◽  
Engrina Fauzi ◽  
Jelisye Putri Cenery

One of the form of applying the value of democratic in Indonesia is accommodate by the regulation of community organization which is concretely regulated in the provisions of article 28 E Paragraph 3 of the 1945 constitution also in the provisions of law number 39 of 1999 on Human Rights. The existence of community organizations does have a great constribution in the implementation of the state, but on the other hand the existence of people raises the pro and contra. The enecment of government regulation number 59 on community organization established by foreign citizens makes the community more worried if the exixtance of community organizations affect the sovereignty of NKRI because they have different ideology with Indonesia. Based on this, it should be discussed about the organizations in Indonesia. The position of foreign social organizatios in Indonesia is reviwed from the government regulation number 59 of 2016 on community organizations established by foreign citizens and the influence of basic organizations for the sovereignty of NKRI. To answer that question, qualitative method is used  as a means to answer the problem by conducting of normative juridical approach which is done by reviewing the law and the literature. Based on this study, it is concluded that the existence of foreign social organizatios in Indonesia in line with  democracy and human right but also politically can treaten NKRI.


2018 ◽  
Vol 18 (1) ◽  
pp. 71
Author(s):  
Linda Evirianti

Everyone has the right of religious freedom or belief which becomes one of important parts of Human Rights (HAM/Hak Asasi Manusia). Thus, no one can be subjected to coercion that can interfere his freedom to adopt or embrace a religion or belief of his choice. The main characteristic of modern constitutional state is the guarantee of human rights in its constitution. In the Constitution NKRI 1945 has set human rights and the rights of citizens in the form of guarantees freedom for each citizen to embrace religion and worship according to their religion or belief. A state guarantees the freedom of each citizen to adopt a religion or belief, but the state (the government) must regulate the freedom in implementing and practicing a religion or belief so that the government can respect, protect, enforce and promote Human Right (HAM) and conserving security, order, health or public morals. Speaking of human rights in Islam is not an historical product arising from human ideology, a concept that has a theological dimension and will be accountable to God. Freedom of thought, conscience, religion and belief is part of the most important human rights, even have status as a right that should not be reduced and violated under any circumstances. On the other hand, religious freedom protects the phenomenon that can be controversial and dangerous for human existence, because religion and systems of ideological belief can be misused to trigger intolerance, discrimination, prejudice, hatred, and violence.[Setiap orang berhak atas kebebasan beragama atau kepercayaan yang menjadi salah satu bagian penting Hak Asasi Manusia. Dengan demikian, tidak ada yang bisa terkena paksaan yang bisa mengganggu kebebasannya untuk mengadopsi atau menganut agama atau kepercayaan pilihannya. Karakteristik utama negara konstitusional modern adalah jaminan hak asasi manusia dalam konstitusinya. Dalam Konstitusi NKRI 1945 telah menetapkan hak asasi manusia dan hak warga negara dalam bentuk jaminan kebebasan bagi setiap warga negara untuk merangkul agama dan ibadah sesuai agama atau kepercayaan mereka. Sebuah negara menjamin kebebasan setiap warga negara untuk mengadopsi agama atau kepercayaan, namun negara (pemerintah) harus mengatur kebebasan dalam melaksanakan dan mempraktikkan agama atau kepercayaan sehingga pemerintah dapat menghormati, melindungi, menerapkan dan mempromosikan Hak Asasi Manusia (HAM). Dan melestarikan keamanan, ketertiban, kesehatan atau moral publik. Berbicara tentang hak asasi manusia dalam Islam bukanlah produk historis yang muncul dari ideologi manusia, sebuah konsep yang memiliki dimensi teologis dan akan bertanggung jawab kepada Tuhan. Kebebasan berpikir, hati nurani, agama dan kepercayaan adalah bagian dari hak asasi manusia yang paling penting, bahkan memiliki status sebagai hak yang tidak boleh dikurangi dan dilanggar dalam kondisi apapun. Di sisi lain, kebebasan beragama melindungi fenomena yang bisa kontroversial dan berbahaya bagi eksistensi manusia, karena agama dan sistem kepercayaan ideologis dapat disalahgunakan untuk memicu intoleransi, diskriminasi, prasangka, kebencian, dan kekerasan.]


2021 ◽  
Author(s):  
Lely Puspitasari Adinoto

The existence of Regulation of the Minister of Marine Affairs and Fisheries Number 12 of 2020 provides pros and cons for the government and the people of Indonesia, especially for fisheries and marine animal cultivation businesses. On the one hand, this regulation benefits several parties and on the other hand is detrimental to shrimp and lobster cultivation business actors due to complicated regulations. In fact, this policy is also related to Government Regulation Number 75 of 2015 concerning Types and Rates of PNBP so that this government regulation cannot be enforced.


2021 ◽  
Vol 30 (2) ◽  
pp. 94-130
Author(s):  
Aziz Ismatov

Until recently, unofficial interpretations of the situation with human rights had remained as an unspoken taboo in Uzbekistan, whereas foreign observers harshly criticized the country, pointing out systematic violations and restrictions of rights by the state. Indeed, not many could predict that the new President Shavkat Mirziyoev, who was elected in 2016, would initiate steps towards improving the human rights situation and, simultaneously, face specific challenges. The 1992 Constitution was developed within the complex transition process from socialism to market economy. This Constitution devotes an entire chapter to human and citizens’ rights. Initially, some authors expected that the Constitution would integrate rights in the context of natural-legal ideas. However, Uzbekistan has largely preserved and strengthened the positivist approach towards constitutional rights, designating the state to grant and limit those rights. The paradox of this situation is that Uzbekistan’s tendencies conflict with the general trends of the post-socialist constitutionalism since the country practically did not change constitutional provisions’ evolutionary development. On the other hand, in the post-socialist Eastern European countries and some former USSR republics, the collapse of socialism led to a constitutional revolution. The author applies historical analysis and cognitive constitutionalism methods to explain a paradox of impossibility to root natural-legal ideas within the (1) deeply-rooted Soviet positivism and (2) revived pre-Soviet traditionalism. On the other hand, the historical 1992 Constitution preparatory process, guided by the special Working group and headed by Islam Karimov, and the theory of human rights in Uzbekistan inherited a strong influence from the doctrine of the Soviet constitutionalism; its positivism, dogmatism and normativism. On the one hand, the author focuses on the impact of traditionalism revived after 1991 in national customs, behavioural attitudes, or social values; and paternalism that had transformed into a “super-presidentialism”, which widely continued a principle of the state’s priority above the individual. In conclusion, the author points to the existing legal imperfections of the constitutional text, and offers approaches to shorten the gap between the supporters of positivism in the 1992 Constitution and the natural right theory’s followers.


2015 ◽  
Vol 43 (2) ◽  
pp. 172-189
Author(s):  
Cecília MacDowell Santos

The Brazilian state has contradictory laws, policies and practices with regard to the rights of indigenous peoples. Despite the adoption of a democratic Brazilian constitution in 1988 that incorporated a multicultural conception of indigenous rights and the subsequent ratification of new international norms of human rights for indigenous peoples, the practices of the courts and of the various sectors of the state reflect a legal cultural dualism and a “bipolar” state. The case of the Xucuru people sent to the Inter-American Commission on Human Rights shows the conflicts between legal and political cultures characterized, on one hand, by an individualistic and colonial approach to indigenous civil rights and, on the other hand, a collectivist and multicultural perspective on the human rights of indigenous peoples.O Estado brasileiro possui leis, políticas e práticas contraditórias em relação aos direi-tos indígenas. Apesar da nova constituição democrática de 1988 ter incorporado uma concepção multicultural dos direitos indígenas e de o Estado ter ratificado normas internacionais de direitos humanos dos povos indígenas, as práticas dos tribunais e de vários setores do Estado refletem uma situação de dualismo da cultura jurídica e um Estado “bipolar.” O caso do povo Xucuru encaminhado à Comissão Interamericana de Direitos Humanos demonstra os conflitos entre culturas jurídicas e políticas caracterizadas, de um lado, por uma abordagem individualista e colonial dos direitos civis dos indígenas, e, de outro lado, por uma perspectiva coletivista e multicultural dos direitos humanos dos povos indígenas.


2015 ◽  
Vol 44 (4) ◽  
pp. 473
Author(s):  
Nurul Huda

The era of respect for Human Rights (HAM) in Indonesia was marked by the issuance of regulatory/legal instruments both in the state constitutional amendment after amendment and legislation in the form of legislation include Act No. 26 of 2000 on Human Rights Court which is substantially oriented the Rome Statute. Apparently, Act No. 26 of 2000 is a product of the criminal policy "compromise models" because on one hand there is a setting which adopted the Rome Statute and on the other hand found a variety of different conditions deviate and with the statute. Though International legal instruments is one of the sources of law are important to the national legal systemEra penghormatan terhadap Hak Asasi Manusia (HAM) di Indonesia ditandai oleh disyahkannya regulasi / instrument hukum baik di dalam amandemen konstitusi negara maupun perundangan dalam bentuk undang-undang diantaranya adalah Undang-Undang nomor: 26 tahun 2000 tentang Pengadilan Hak Asasi Manusia yang substansinya berkiblat pada Statuta Roma. Nampaknya UU nomor 26 tahun 2000 merupakan produk kebijakan criminal “model kompromi” sebab di satu sisi terdapat pengaturan yang mengadopsi pada Statuta Roma dan pada sisi lain ditemukan berbagai ketentuan yang menyimpang dan berbeda dengan statute tersebut. Padahal instrument hukum internasional merupakan salah satu sumber hukum yang penting bagi system hukum nasional


2019 ◽  
Vol 5 (5) ◽  
pp. 89-97
Author(s):  
Sanjoy Ahanthem

The ancient kingdom of Manipur is a cradle of human civilization and home of various groups. It was known by different names to her neighbours such as Kathe to the Burmese, Meklee to the Ahoms, Mooglei to the Cacharies and Cassey to the Shans. Since the earliest period, waves of migration had come into Manipur from different directions. They settled down in different parts of the valley and were gradually assimilated in the host society. The immigrants had contributed to the economic, social and cultural development of the state. The people coming from the east into Manipur during the reign of different Kings were known as Nongpok Haram. On the other hand, the people who had migrated from the west were known as Nongchup Haram. The paper is an attempt to give insight about the Nongpok Haram people. This paper throws light on the migration of the people belonging to this group. There will also be an attempt to study the process of their assimilation in the society as well as the changes they brought especially in the fields of economy.


2017 ◽  
Vol 2 (1) ◽  
pp. 95
Author(s):  
Muhammad Dawam Rahardjo

ABSTRACT: The question of the role of religion in the public sphere of politics is because of its history, the three monotheist religions, which is also called the Abrahamic religions. Judaism, Christianity and Islam, and even Hinduism and Buddhism, in maintaining their existences and developments, always get into and even form their own power in a country. Indonesia is a secular nation state, which is not based on any particular religion as a political ideology, and yet its people are multi-religious. Even though the country is not based on religion, but religion has become a source of inspiration in its constitution, namely UUD (Undang Undang Dasar) 1945. On the one hand, people and the state are in unity for mutual support or mutual need. The state cannot be formed without people as its base. On the other hand, people need the state to protect the society. Constitution is needed to control the state and its leader. On the one hand this constitution curbs the power of its leader; and on the other hand it guarantees the fulfillment and the protection of civil rights that stem from human rights. The triangle of these institutions is a reality in the current modern world, especially in Indonesia, where religion has an important role, even though in Europe the stand and the role of religion is in the declining stage due to secularization and secularism principle. Yet the relationship of these three institutions in the current modern context cause a complex issues related to the boundaries of these three institutions. What are the principles that can continuously connects these three so that justice as the main principle can be uphold between the triangle of society, state and religion?KEY WORDS: religion, public sphere, nation, civil rights, human rights


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