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 PENGUATAN PENGATURAN HAK ANAK BERDASARKAN KONSTITUSI DAN PERBANDINGAN KONSTITUSI DIBERBAGAI NEGARA

AN-NISA ◽  
2019 ◽  
Vol 11 (1) ◽  
pp. 372-383
Author(s):  
Ismail Aris
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
The State ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Constitutional Protection ◽  
Rights Of The Child ◽  
The Future ◽  
The Republic ◽  
The Right

This article shows that the constitution or the 1945 Constitution of the Republic of Indonesia can not be regarded as children's constitution which adopts the principles of child protection under the Convention on the Rights of the Child. It also shows that Indonesia is not serious about the theme of child protection discourse such as Ecuador, Egypt, Finland and South Africa in protecting, fulfilling and respecting and explicitly specifying the rights of children in its constitution. Based on the argument above, it is very urgent for Indonesia to do constitutionalism the rights of the child. Based on the principles that adopted by the convention on the right of the child as a solution as an effort to save and protect the rights of the child from negligence and neglect of the State to protect and fulfill the human rights and constitutional rights of the child. The effort of constitutionalism is also considered as a strengthening effort in the formation of legislation in the future as well as the basis or test stone of the Constitutional Court in handling the future judicial review of the Law which violates the norm on the protection of children's rights under the Constitution. In addition, it is urgent for constitutionalism and incorporates the idea of constitutional complaints in the Constitutional Court through the Constitution. Thus, as a basis for constitutional protection of the child if the State has neglect to protect the human rights and constitutional rights of the child by conducting constitutional complaint in the Constitutional Court, in order for the State to fulfill its constitutional obligations which have been regulated under the constitution.

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 Implikasi Putusan Mahkamah Konstitusi dalam Upaya Aplikasi Anggaran 20% Penyelenggaraan Pendidikan Nasional

2021 ◽  
Vol 1 (1) ◽  
pp. 29
Author(s):  
Rini Wulandari
Keyword(s):  
The State ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
State Budget ◽  
State Revenue ◽  
Regional Budget ◽  
The Republic ◽  
The Government ◽  
The Guardian ◽  
Minimum Education

Amandemen atau Perubahan ketiga Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 telah melahirkan lembaga Mahkamah Konstitusi yang bertugas sebagai pelindung atas pelaksanaan amanat konstitusi dan menjamin terlaksananya hak konstitusional bagi setiap warga negara Indonesia. Putusan Mahkamah Konstitusi bersifat final dan mengikat sehingga seharusnya dapat berlaku juga secara konsisten terhadap permasalahan yang sama. Sementara itu, jika Mahkamah Konstitusi adalah sebagai the guardian of contitution, di sisi lain Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 adalah sebuah konstitusi negara Indonesia yang harus dijaga dan dijamin pelaksanaannya oleh Mahkamah Konstitusi. Dalam upaya menunjang pendidikan yang bermutu, pemerintah mengalokasikan anggaran minimal pendidikan sebesar 20% dari Anggaran Pendapatan Belanja Negara dan Daerah sebagaimana termaktub dalam UUD 1945. Namun sayangnya anggaran pendidikan sebesar 20% pada Anggaran Pendapatan dan Belanja Negara (APBN) dan Anggaran Pendapatan dan Belanja Daerah (APBD) hanya formalitas. Sementara itu, sejak tahun 2005 Mahkamah Konstitusi pernah memutus beberapa pengujian terkait anggaran minimal pendidikan. Diantaranya Mahkamah Konstitusi membatalkan dan menjadikan ketentuan ‘bertahap’ menjadi tidak berlaku. Tetapi diwaktu yang sama, Mahkamah Konstitusi juga memutus tidak dapat menerima (niet ontvankelijk verklaard) pengujian Undang-Undang Nomor 26 Tahun 2004 yang belum menerapkan anggaran pendidikan minimal 20% pada APBN 2005. Dengan menggunakan metode penelitian yuridis normatif didapati bahwa pertimbangan dan putusan Mahkamah Konstitusi turut mempengaruhi upaya mewujudkan anggaran minimal 20% bagi pendidikan. Hingga saat ini menurut Neraca Pendidikan Daerah yang diterbitkan Kementerian Pendidikan dan Kebudayaan (Kemendikbud), masih banyak Kota dan Kabupaten yang mengalokasikan kurang dari 10 persen APBD untuk pendidikan.   Third Amendment of the Constitution 1945 of the Republic of Indonesia has established a Constitutional Court which asks for protection of the implementation of the mandate of the constitution and guarantees the implementation of constitutional rights for every Indonesian citizen. His verdict against the end and binding can finally be applied also against the end of the same. Meanwhile, if the Constitutional Court is the guardian of the constitution, on the other hand the 1945 Constitution of the Republic of Indonesia is the constitution of the Indonesian state which must be safeguarded and approved by the Constitutional Court. To support education, the government allocates a minimum education budget 20% of the State and regional Budget. However, the education budget of 20% of the State Revenue and Expenditure Budget (APBN) and the Regional Revenue and Expenditure Budget (APBD) are only formalities. Meanwhile, since 2005 the Constitutional Court has decided on several trials related to the minimum education budget. Among them, the Constitutional Court canceled and made the 'gradual' provision invalid. But at the same time, the Constitutional Court also decided that it could not accept (niet ontvankelijk verklaard) the review of Law Number 26 of 2004 which had not implemented a minimum education budget of 20% in the 2005 State Budget. By using the normative legal research method, found that the considerations and decisions of the Constitutional Court also influence efforts to realize a minimum budget of 20% for education. Until now, there are still many Cities and Regencies that allocate less than 10 percent of the APBD for education.

scholarly journals Perlindungan Data Konsumen Transaksi Online Melalui Penerapan Advance Data Protection System

Wajah Hukum ◽  
2020 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Wahyu Beny Mukti Setiyawan ◽  
Hafid Zakariya ◽  
Delia Wahtikasari
Keyword(s):  
Human Rights ◽  
Welfare State ◽  
Data Protection ◽  
Personal Data ◽  
The State ◽  
Protection System ◽  
Constitutional Court ◽  
Personal Data Protection ◽  
The Republic ◽  
The Government

The concept of a welfare state is the basis for the position and function of government (bestuurfunctie) in modern countries. The application of the law that is obeyed and followed will lead to law and order which maximize the potential of the community. Furthermore, in accordance with the objectives of the state set out in the fourth paragraph of the opening of the 1945 Constitution of the Republic of Indonesia that one of the objectives of the state is to protect the entire Indonesian nation and to advance the general welfare. By the establishment of the country’s goals in the fourth paragraph of the 1945 Constitution of the Republic of Indonesia, the answer is that in fact Indonesia has tried to create a welfare state. The main key in the welfare state is regarding the guarantee of people’s welfare given by the State. Basically, the regulation concerning the right to privacy of personal data is a manifestation of the recognition and protection of basic human rights. Therefore, the drafting of the Personal Data Protection Bill has a strong philosophical foundation and can be accounted for. Decision of the Constitutional Court Number 006 / PUU-I / 2003 further emphasized that the regulation of Personal Data Protection must be in the form of a law. In the Constitutional Court Decision, among others, it was stated that the provisions concerning human rights must be in the form of laws. As a form of the state present to protect as well as the welfare of its people, the government as the highest authority as well as those who run the government is obliged to carry out efforts that are felt needed. One way that the government can do to answer and minimize the problems faced is by implementing the Advance Data Protection System as a form of protection.

scholarly journals Derogation of Human Rights and Freedoms in RNM during the State of Emergency Caused by COVID-19

SEEU Review ◽  
2020 ◽  
Vol 15 (1) ◽  
pp. 24-42
Author(s):  
Abdulla Azizi
Keyword(s):  
Human Rights ◽  
Survey Methods ◽  
The State ◽  
International Standards ◽  
European Convention ◽  
State Of Emergency ◽  
The Republic ◽  
The Government ◽  
Territory Government ◽  
Restrictive Measures

AbstractConsidering that in times of state of emergency or civil emergency (such as the pandemic caused by COVID 19), governments in many countries around the world have restricted human rights and freedoms through legally binding government decrees. These restrictive measures increasingly raise dilemmas about their effect and possible violations by the government of international norms guaranteeing human rights. The paper aims to analyze whether these restrictive measures set out in the decisions of the Government of the Republic of Northern Macedonia (RNM) are in compliance with the derogations allowed under the European Convention on Human Rights and Freedoms (ECHR) and the positive laws in power. In the framework of this paper is analyzed whether these measures have the sole purpose of protecting the health of citizens or not.The work is limited in terms of time (as long as the state of emergency lasted three months) and territory (government decrees with the force of law).Descriptive, historical, analytical, comparative and citizen survey methods are used in this paper.Government decrees have been analyzed in order to assess whether they were prudent, in accordance with international standards and consequences that they have caused to citizens.The conclusions provide data on whether the management of the situation has been appropriate or not and to what extent it has been effective, as well as how much it has been within the international framework and how they have affected the quality of life of citizens.

scholarly journals Menyoal Kebebasan Beragama dan Penodaan Agama Di Indonesia

2015 ◽  
Vol 3 (2) ◽  
pp. 195-212
Author(s):  
Yayan Sopyan
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Religious Beliefs ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Reform Era ◽  
The Republic ◽  
The Right

Abstract: Questioning the Religious Freedom and blasphemy in Indonesia. The presence of the Constitutional Court in the reform era is the strengthening of the foundations of constitutionalism in the Constitution of the Republic of Indonesia Year 1945. The Court in this case a role to enforce and the protector of the citizen's constitutional rights and the protector of the human rights. Including in this case, the right to religion and religious practices and teachings of their respective religions, in accordance with the constitutional mandate. However, on the other hand there is the discourse of freedom of expression and freedom of speech includes freedom to broadcast religious beliefs and understanding of the "deviant" and against the "mainstream" religious beliefs and understanding in general, as in the case of Ahmadiyah. The Court in this case is required to provide the best attitude when faced judicial review in this case still required in addition to guarding the constitution in order to run properly.   Abstrak: Menyoal Kebebasan Beragama dan Penodaan Agama di Indonesia. Kehadiran lembaga Mahkamah Konstitusi di era reformasi merupakan upaya penguatan terhadap dasar-dasar konstitusionalisme pada Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. MK dalam hal ini berperan menegakkan dan melindungi hak-hak konstitusional warga negara (the protector of the citizen’s constitutional rights) dan pelindung HAM (the protector of the human rights). Termasuk dalam hal ini, hak untuk memeluk agama dan menjalankan ibadah serta ajaran agamanya masing-masing, sesuai dengan amanat konstitusi. Namun, disisi lain ada wacana kebebasan berekspresi dan kebebasan berpendapat termasuk didalamnya kebebasan untuk menyiarkan keyakinan dan pemahaman keagamaan yang “menyimpang” dan bertentangan dengan “mainstream” keyakinan dan pemahaman keagamaan pada umumnya, seperti dalam kasus Ahmadiyah. MK dalam hal ini dituntut untuk mampu memberikan sikap terbaik saat dihadapkan judicial review dalam kasus ini selain tetap dituntut untuk mengawal konstitusi agar dapat berjalan sebagaimana mestinya. DOI: 10.15408/jch.v2i2.2314

scholarly journals Hak-hak Konstitusional Anak terkait Penelantaran Akibat Perceraian

2021 ◽  
Vol 1 (1) ◽  
pp. 27-35
Author(s):  
Yusnani Hasyimzum ◽  
Keyword(s):  
Human Rights ◽  
Child Neglect ◽  
Growth And Development ◽  
Future Generation ◽  
Children's Rights ◽  
Special Consideration ◽  
Constitutional Rights ◽  
The Republic ◽  
The Government ◽  
The Right

Abstract Children, both boys and girls, are considered state assets because they represent the nation's future generation. Children's development and growth require special consideration and protection on the part of parents, family, society, nation, and state. Children's constitutional rights are regulated in the 1945 Constitution, which guarantees the welfare of every citizen, including protection against violations of children's rights, which are considered human rights. Every child has the right to survival, growth, and development, as well as the right to be protected from violence and discrimination, as mandated by the 1945 Constitution of the Republic of Indonesia; additionally, every child has the right to survival, growth, and development, as well as the right to be protected from violence and discrimination; The issue is why the constitutional rights of children who have been neglected as a result of divorce have not been fully complied with and what legal safeguards have the government implemented to reduce the number of child neglect victims.

scholarly journals Modderklip Revisited: Can Courts Compel the State to Expropriate Property where the Eviction of Unlawful Occupiers is not Just and Equitable?

2018 ◽  
Vol 21 ◽  
pp. 1-21
Author(s):  
Jackie Dugard
Keyword(s):  
South Africa ◽  
Separation Of Powers ◽  
The State ◽  
Court Case ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Western Cape ◽  
The Supreme Court ◽  
Constitutional Right ◽  
The Republic

This article examines whether, to give effect to the section 26 constitutional right to adequate housing, courts can (or should) compel the state to expropriate property in instances when it is not just and equitable to evict unlawful occupiers from privately-owned land (unfeasible eviction). This question was first raised in the Modderklip case, where both the Supreme Court of Appeal (Modder East Squatters v Modderklip Boerdery (Pty) Ltd; President of the Republic of South Africa v Modderklip Boerdery (Pty) Ltd 2004 3 All SA 169 (SCA)) and Constitutional Court (President of the Republic of South Africa v Modderklip Boerdery (Pty) Ltd 2005 5 SA 3 (CC)). dodged the question, opting instead to award constitutional damages to the property owner for the long-term occupation of its property by unlawful occupiers. It is clear from cases such as Ekurhuleni Municipality v Dada 2009 4 SA 463 (SCA), that, mindful of separation of powers concerns, courts have until very recently been unwilling to order the state to expropriate property in such circumstances. At the same time, it is increasingly evident that the state has failed to fulfil its constitutional obligations to provide alternative accommodation for poor communities. In this context, this article argues that there is a growing need for the judiciary to consider, as part of its role to craft effective remedies for constitutional rights violations, the issue of judicial expropriation. It does so, first, through an analysis of the relevant jurisprudence on evictions sought by private landowners and, second, through an in-depth engagement of the recent Western Cape High Court case, Fischer v Persons Listed on Annexure X to the Notice of Motion and those Persons whose Identity are Unknown to the Applicant and who are Unlawfully Occupying or Attempting to Occupy Erf 150 (Remaining Extent) Phillipi, Cape Division, Province of the Western Cape; Stock v Persons Unlawfully Occupying Erven 145, 152, 156, 418, 3107, Phillipi & Portion 0 Farm 597, Cape Rd; Copper Moon Trading 203 (Pty) Ltd v Persons whose Identities are to the Applicant Unknown and who are Unlawfully Occupying Remainder Erf 149, Phillipi, Cape Town 2018 2 SA 228 (WCC).    

scholarly journals Role Of The Center For Abandonment Of Property Law To Safeguard Assets Subsidiaries Who Still Under Age

2018 ◽  
Vol 1 (2) ◽  
pp. 439
Author(s):  
Agustina Suryaningtyas
Keyword(s):  
Human Rights ◽  
Growth And Development ◽  
Legal Protection ◽  
National Interest ◽  
Optimal Growth ◽  
Property Law ◽  
Trial Judge ◽  
The Republic ◽  
The Government

For those who are not competent to act in a legal act such as minors and people who are in wardship, in legal actions both in and out of court must be represented by a person appointed by the trial judge, that is able to parent, guardian or sycophants. Duties as guardian or caretaker are very spacious and are at risk for problems associated with wealth, so that the necessary role of an institution or agency in charge of overseeing the implementation of trusteeship and guardianship. Parents, family and society are responsible for protecting and maintaining human rights in conformity with the obligations imposed by law. Similarly, in view of the protection of children, the state and the government is responsible for providing facilities and accessibility for children, especially in ensuring optimal growth and development and focused. Heritage Hall is one of the Technical Unit within the Ministry of Justice and Human Rights of the Republic of Indonesia has the duty and obligation to protect human rights. Especially in the field of personal right person for Judge's decision can not run their own interests by the legislation in force. Ranking Universal Heritage as guardian watchdog is still needed, and it is possible to apply to all Indonesian citizens, thus Orphan peningalan can act in the national interest to provide legal protection for children who are under guardianship committed by Indonesian.Keywords: Heritage Office; Minors; Guardianship.

scholarly journals The Legal Aspect of The Implementation of Dual Citizenship In Indonesia: Demands Of The Diaspora

2021 ◽  
Vol 3 (3) ◽  
pp. 1329-1337
Author(s):  
Emma Desy Wulansari ◽  
Nafi Oktavia Farikha ◽  
Thomas Yanuar Joko Prabowo ◽  
Swastika Prima Yunita
Keyword(s):  
Civil Rights ◽  
International Relations ◽  
Legal Aspect ◽  
The State ◽  
State Law ◽  
Residence Permit ◽  
Dual Citizenship ◽  
Agents Of Change ◽  
The Republic ◽  
The Government

The demand of the Diaspora for the enactment of dual citizenship has not been fulfilled by the Indonesian Government since the state still subscribes to the principle of “one person one citizenship.” This single citizenship principle has been adhered to since the independence of Indonesia, stemming from the 1945 Constitution as the highest state law, Law no. 3 of 1946 on Citizens and Residents of the State, Law no. 62 of 1958 on the Citizenship of the Republic of Indonesia, up until the Law no. 12 of 2006 as the current Citizenship Law of the Republic of Indonesia, which is currently applicable. In the present, the Government has issued a policy alternative in the form of Indonesian Overseas Card to ensure the civil rights of citizens and foreigners of Indonesian national descent who reside overseas so that they can enjoy facilities in Indonesia. This policy is also intended to revise the validity period for Visit Visa to be applicable for several visits and the period of residence permit, specifically for foreigners who are former citizens of Indonesia and their families, as a means of accommodating the diaspora’s demands. With the issuance of the policy, there is a recognition towards the existence of the Indonesian diaspora overseas as one of the non-state actors for international relations and as agents of change for their homeland.

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