scholarly journals The Role of Local Government, Religious and Community Figures, In Conjunction With the Security Forces (Polri) In Returning A Harmonic Life Post Conflict As Ethnic In Sambas Regency

2018 ◽  
Vol 1 (2) ◽  
pp. 121
Author(s):  
Setyo Utomo
Keyword(s):  
Human Rights ◽  
Local Government ◽  
The State ◽  
Human Beings ◽  
Security Forces ◽  
Post Conflict ◽  
Unitary State ◽  
Conflict Handling ◽  
The Republic

<p><em>Humans as God's creatures are given freedom of human rights from birth. As a citizen, it is necessary that the State shall be obliged to protect the freedom of the rights of its citizens. However can’t be denied the freedom of human rights between human beings with each other in fact lead to differences in interests that led to the emergence of conflicts that often lead to the occurrence of fatalities and loss of property. Whereas one of the citizens' rights is free to live anywhere within a territory of the State. Likewise with citizens of Indonesia, in the Constitution of the State has guaranteed the freedom to reside within the territory of the Unitary State of the Republic of Indonesia. Based on the experience of conflicts in the country, with the post-conflict handling of those who had previously conflicted it can be reunited in living a harmonious life, but unlike the conflict that occurred in Sambas Regency in 1999 between ethnic Malays and Madurese which has been over the years and with post-conflict efforts that have been done until now people in Sambas district have not been able to accept the presence of Madurese in Sambas Regency.</em><em></em></p>

scholarly journals Parlamentārās kontroles īstenošanas īpatnības un problēmjautājumi Covid-19 pandēmijas laikā

2021 ◽  
pp. 467-473
Author(s):  
Aleksandrs Kuzņecovs ◽  
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Legal Liability ◽  
The State ◽  
Legal Basis ◽  
State Of Emergency ◽  
Rapid Spread ◽  
The Republic ◽  
The Government

Due to rapid spread of Covid-19 worldwide, Latvian government declared the state of emergency. This decision was adopted by the parliament in order to contain the virus and undertake all the necessary measures to prevent its further spread. At the same time, it is clear that government’s actions undertaken within the state of emergency mostly remain unchecked. The absence of any legal basis for the parliament to extend their oversight during the state of emergency makes role of the parliament in these circumstances unclear. The current position of the parliament precludes political and legal liability over the executive and their officers. Lack of the delegated legislative and human rights restriction clause applicable specifically during the state of emergency raises questions regarding powers of the government and parliamentary control during the state of emergency. The article explores the possible solutions to rectify such flaws in the legal system of the Republic Latvia

scholarly journals PERANAN KH. ABDUL WAHID HASYIM DALAM PEMERINTAHAN INDONESIA TAHUN (1945-1953)

2019 ◽  
Vol 8 (1) ◽  
pp. 15-32
Author(s):  
Agung Syahriman ◽  
Agus Mulyana
Keyword(s):  
The State ◽  
Japanese Occupation ◽  
Unitary State ◽  
Nahdlatul Ulama ◽  
The Republic

This research entitled “The role of KH. Abdul Wahid Hasyim In Indonesia Administration(1945-1953)”. The research background addressed KH. Abdul Wahid Hasyim figure, whowas the main pioneer in the Religious Ministry during the Unitary State of the Republicof Indonesia. During the Japanese occupation, the Religious Ministry called Shumubu,which was the embryo of the present Religious Ministry. As before independencetook place, KH. Abdul Wahid Hasyim has been heavily involved in several movementorganizations fighting against the occupation in Indonesia. Namely Nahdlatul Ulama(NU), in Majelis Islam A’la Indonesia (MIAI), and also within the Indonesian MuslimShura Council (Masyumi) organization. In additional KH. Abdul Wahid Hasyim wasinvolved in BPUPKI, the Sembilan Committee and PPKI who supported the emergeand the state of Indonesia. After entering the independence period, KH. Abdul WahidHasyim participated in several cabinets and his position once served as a State Minister,Religious Minister of the Republic of Indonesia, and as Religious Minister the UnitaryState of the Republic of Indonesia.

scholarly journals Board Communities in Formation of Qanun Regional in Aceh Parliament

2020 ◽  
Vol 9 (1) ◽  
pp. 29-39
Author(s):  
S. Amirulkamar ◽  
Ismail
Keyword(s):  
Human Rights ◽  
The State ◽  
General Election ◽  
Government Official ◽  
Regional Government ◽  
Unitary State ◽  
The Status ◽  
The Republic ◽  
The Government ◽  
Government Authority

The Government system of the Unitary State of the Republic of Indonesia according to the 1945 Constitution of the Republic of Indonesia recognizes and respects special or special regional government units (Special in the Religious Field, Special in the Field of Education and Special in the Customary Field) regulated by Constitution. In this case the Regional People's Representative Council (DPRD), which is abbreviated as DPRD, but names Aceh as a Provincial Region in the Unitary State of the Republic of Indonesia system based on the 1945 Constitution of the Republic of Indonesia and the title of elected government official will be determined by the DPRA after the 2009 general election. This is only a change in the legal nomenclature with the status remains in the position of Aceh Privileges. This long journey is the existence of the Council community in the formation of the Regional Qanun in the Aceh Parliament in the form of a legislative body as one of the tools of the DPRA that manages the formation of the Regional Qanun which is carried out jointly with the Regional Head. This is done with the delegation of government authority to the Regional Regions as a political tool in the struggle for human rights and the rights of social aspirations, as well as the Aceh People's Representative Council or the Aceh DPR as a nomenclature of legislative institutions in regions that have legitimated importance in governance. The regulation of laws and regulations in Indonesia as a constitutional basis for the 1945 Constitution of the Unitary State of the Republic of Indonesia article 18B paragraph (1) states that "the State recognizes and respects special or special regional government units that are regulated by laws invite.

THE ROLE OF EDUCATIONAL INSTITUTIONS IN THE FORMATION OF CONTEMPORARY BULGARIAN CULTURE IN CIVIL SOCIETY FOR RAISING THE SOCIAL ROLE OF SPECIAL SERVICES

2018 ◽  
Vol 28 (6) ◽  
pp. 2115-2118
Author(s):  
Stanislava Dimitrova Milachkova
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Democratic Society ◽  
The State ◽  
Educational Institutions ◽  
Special Services ◽  
The Social ◽  
The World ◽  
The Republic

Educational institutions play a key role in shaping a modern civil culture in society around the world, because without adequate civil education it is inconceivable to implement quality civilian control over special services. Civil education is a necessary process of learning practical knowledge and skills and shaping competencies for personal development and improvement, for structuring a democratic society, for laws, rights and responsibilities that provide opportunities for real participation in public life. Training for human rights and civil liability and duty, the position of a pupil-citizen, by adopting the principles and values that serve as the foundation and organization of democracy and the republic, the knowledge of the institutions and the laws by developing the rules in the social and political life, exercise and ability to properly justify. So they would find meaning in the individual and the collective responsibilities in their active citizenship. Civil education contributes to the development of a critical spirit, but through the exercise of arguments for reasoning and more accurate decision-making, reasoning and judgment. Through educational institutions, young citizens are prepared to conduct dialogue, debate, resolve conflicts, and embrace forms of civil communication and interaction with special services. This is a basic approach to the basic concepts - man and citizen. Within even the small city, through the education of democratic citizenship, new moral values are being built and active participation in the civil processes of the small community is taking place. The duty of adolescents to become aware of citizens' rights and obligations, norms of conduct and values in a democratic society, as well as the promotion of the role of special services in the Republic of Bulgaria, will prepare them for training and stability as active citizens of the world. Civil education forms a citizen. Civil society, as a public way of life, can function properly only on the basis of an adequate knowledge of the laws of the Republic of Bulgaria and the moral-legal will applying this knowledge in real life. Civil society is the sphere of social activity that focuses on the degree of socio-economic development of society and directly determines the state. The typing of the state has its objective basis in the typography of civil society. Each civil society is a system of human needs and means to meet them, labor, socio-economic, legal and other subject-practical and conscious-volitional relations, as well as a system of human rights organizations and various social institutions. The duty of the national education system to civil society is to build the citizen - the bearer of national self-awareness, civil culture, moral and moral-legal will. Only such a citizen will, in the course of his life, reproduce civil society in accordance with the national idea.

scholarly journals Awareness on Constitutional Rights of Citizens and Form of Protection of Constitutional Rights of Citizens in Indonesia

2018 ◽  
Vol 1 (4) ◽  
pp. 1003
Author(s):  
Tafta Aji Prihandono ◽  
Sri Kusriyah Kusriyah ◽  
Widayati Widayati
Keyword(s):  
Human Rights ◽  
The State ◽  
Historical Change ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Dynamic Aspect ◽  
State Law ◽  
The Republic ◽  
The Government

In the Constitution of the Republic of Indonesia of 1945 Article 1 (3) explicitly states that Indonesia is a State of Law. One element that is owned by the state law is the fulfillment of basic human rights as expressed by Friedrich Julius Stahl. Efforts to achieve a constitution that can follow the progress and will meet the basic human rights, the constitution must have a dynamic aspect and were able to capture the phenomenon of historical change, so as to make it as a constitution that is always alive. Only problem is the performance of the Government as the executor of the constitution (executive, legislative and judicial) still do not provide justice and satisfaction for those seeking justice, therefore the necessary awareness of constitutional rights of citizens in Indonesia. Efforts to protect the constitutional rights of Indonesian citizens can be done through the court and non-court lines, and can also via maximize the role of the Constitutional Court to extend its authority. The expansion of the authority of the Constitutional Court may be to accommodate Constitutional Complaint and Constitutional Question.Keywords: Awareness; Constitutional Rights; Form of Protection.

scholarly journals Implikasi Pencegahan ke Luar Negeri bagi WNI yang Terlibat Persoalan Hukum berdasarkan Perspektif Hak Asasi Manusia

2021 ◽  
pp. 165-183
Author(s):  
Rachman Maulana Kafrawi ◽  
Bambang Ariyanto ◽  
Kamarudin
Keyword(s):  
Human Rights ◽  
Research Method ◽  
The State ◽  
Legal Research ◽  
State Constitution ◽  
The Law ◽  
The Republic

The function and role of Indonesian immigration is to prevent, as a traffic controller people enter or leave the territory of the Republic of Indonesia in accordance with what is stated in the Law Law of the Republic of Indonesia Number 6 of 2011 concerning Immigration. This legal research focused on knowing the implications of prevention abroad for Indonesian citizens abroad based on a human rights perspective. The research method used is normative juridical. This research concludes that the regulations in Indonesia which regulate the prevention of Indonesian citizens abroad is in accordance with the values and norms contained in the in the state ideology, namely Pancasila and the state Constitution, namely the 1945 Constitution prevention carried out by immigration officers to people suspected of being involved in cases The law that will go outside the territory of the Indonesian state is in accordance with the applicable rules. Then related to prevention, it is also not a form of limiting human rights, because human rights are Indonesia is a human rights balance with its human obligations as a member of society. The use of human rights in Indonesia cannot be carried out without paying attention to human rights obligations, in other words, human rights cannot be used absolutely.

scholarly journals Board Communities in Formation of Qanun Regional in Aceh Parliament

2020 ◽  
Vol 7 (1) ◽  
pp. 29-39
Author(s):  
S. Amirulkamar ◽  
Ismail
Keyword(s):  
Human Rights ◽  
The State ◽  
General Election ◽  
Government Official ◽  
Regional Government ◽  
Unitary State ◽  
The Status ◽  
The Republic ◽  
The Government ◽  
Government Authority

The Government system of the Unitary State of the Republic of Indonesia according to the 1945 Constitution of the Republic of Indonesia recognizes and respects special or special regional government units (Special in the Religious Field, Special in the Field of Education and Special in the Customary Field) regulated by Constitution. In this case the Regional People's Representative Council (DPRD), which is abbreviated as DPRD, but names Aceh as a Provincial Region in the Unitary State of the Republic of Indonesia system based on the 1945 Constitution of the Republic of Indonesia and the title of elected government official will be determined by the DPRA after the 2009 general election. This is only a change in the legal nomenclature with the status remains in the position of Aceh Privileges. This long journey is the existence of the Council community in the formation of the Regional Qanun in the Aceh Parliament in the form of a legislative body as one of the tools of the DPRA that manages the formation of the Regional Qanun which is carried out jointly with the Regional Head. This is done with the delegation of government authority to the Regional Regions as a political tool in the struggle for human rights and the rights of social aspirations, as well as the Aceh People's Representative Council or the Aceh DPR as a nomenclature of legislative institutions in regions that have legitimated importance in governance. The regulation of laws and regulations in Indonesia as a constitutional basis for the 1945 Constitution of the Unitary State of the Republic of Indonesia article 18B paragraph (1) states that "the State recognizes and respects special or special regional government units that are regulated by laws invite.

scholarly journals THE CONSTITUTIONAL ROLE OF THE JUDICIARY IN CASES OF SEXUAL GBV: AN ANALYSIS OF TSHABALALA v S; NTULI v S 2020 (5) SA 1 (CC)

Obiter ◽  
2021 ◽  
Vol 42 (2) ◽  
Author(s):  
Glancina Mokone
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Common Law ◽  
The State ◽  
Customary Law ◽  
Bill Of Rights ◽  
Gender Based Violence ◽  
The Republic ◽  
Gender Based

The Constitution of the Republic of South Africa is the supreme law, and it imposes obligations on all arms of the State, including the judiciary. In performing their functions and exercising their powers, all three arms of the State are obliged to fulfil the obligations imposed by the Constitution. In particular, all three arms of the State are bound by the provisions of the Bill of Rights. The Bill of Rights, provided for in the Constitution, is a cornerstone of democracy in the country. The Bill of Rights provides for fundamental human rights, which must be respected, protected, promoted and fulfilled by the State. Different legal systems recognised in the Republic also have to comply with the provisions of the Bill of Rights. In particular, section 39(2) of the Constitution provides that whenever legislation is interpreted and when the common law and customary law are being developed, the spirit, purport and objects of the Bill of Rights must be promoted. Therefore, even when a case before a court calls for the application of common law and all the principles applicable under common law, such application must comply with the provisions of the Constitution, including in cases of common-law rape. Gender-based violence has reached alarming rates in South Africa. The country is referred to as the “femicide nation” and the “rape capital of the world”. With a Constitution that is supreme and entrenched, a Bill of Rights that provides for the protection and promotion of fundamental human rights, and obligations incurred in terms of international and African human-rights treaties, there are particular obligations placed on all three arms of the State, including the judiciary. All three arms of the State are obliged to comply with these provisions when addressing the scourge of gender-based violence in the country. This article conducts a critical analysis of the constitutional role of the judiciary in cases of sexual gender-based violence, with a focus on section 39(2) of the Constitution. The analysis is based primarily on the case of Tshabalala v S; Ntuli v S 2020 (5) SA 1 (CC).

The Kenya National Commission on Human Rights under the 2010 Constitutional Dispensation

2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
National Commission ◽  
Bill Of Rights ◽  
Institutional Perspective ◽  
Post Conflict ◽  
National Human ◽  
The Status ◽  
Protection Of Human Rights

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.

General Particulars Regarding the Conflict of Interest

2020 ◽  
Vol 26 (2) ◽  
pp. 145-149
Author(s):  
Aurelia Teodora Drăghici
Keyword(s):  
Local Government ◽  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
National Level ◽  
The State ◽  
Role Of The State ◽  
Legal Implications ◽  
Determining Factors ◽  
Changing Role

SummaryTheme conflicts of interest is one of the major reasons for concern local government, regional and central administrative and criminal legal implications aiming to uphold the integrity and decisions objectively. Also, most obviously, conflicts of interest occur at the national level where political stakes are usually highest, one of the determining factors of this segment being the changing role of the state itself, which creates opportunities for individual gain through its transformations.

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