scholarly journals ISLAM DAN HAK ASASI MANUSIA: Penegakan dan Problem HAM di Indonesia

2014 ◽  
Vol 38 (2) ◽  
Author(s):  
Masykuri Abdillah
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Religious Organizations ◽  
Muslim Country ◽  
Human Right ◽  
Reform Era ◽  
Muslim Countries ◽  
Protection Of Human Rights ◽  
The Government

<p>Abstrak: Tulisan ini menjelaskan kompatibilitas Islam dan HAM serta upaya-upaya penegakan dan perlindungan HAM di Indonesia sebagai salah satu negara Muslim. Tulisan ini dengan demikian menolak anggapan sejumlah pengamat tentang ketidaksesuai- an atau pertentangan antara Islam dengan HAM, terutama karena sebagian besar negara-negara Muslim kini belum sepenuhnya melindungi dan menegakkan HAM. Sejak awal Islam telah mengakui perlindungan hak asasi manusia (HAM), yang kemudian dirumuskan oleh para ulama dengan konsepmaqâshid al-syarî‘ah (tujuan syari’ah). Sebagai salah satu negara Muslim, Indonesia di era Reformasi ini telah berkomitmen untuk melakukan perlindungan dan penegakan HAM sejalan dengan penerapan sistem demokrasi secara substantif. Hanya saja, kini masih ada sejumlah masalah atau kendala dalam perlindungan HAM ini, baik yang bersifat substantif, struktural maupun kultural. Pemerintah, DPR sertacivil society dan organisasi-organisasi keagamaan telah melakukan upaya-upaya untuk mengatasi persoalan dan kendala itu.</p><p><br />Abstract: Islam and Human Right: Its Application and Problems in Indonesia. This paper explains the compatibility of Islam and human rights as well as efforts to protect human rights in Indonesia as a Muslim country. This paper thus rejects the opinion of a number of observers about the incompatibility or conflict between Islam and human rights just because of the fact that the majority of Muslim countries does not fully protect and enforce human rights. Since the beginning, Islam has recognized the protection of human rights, which were then formulated by the ulama with the concept of maqâsid al-sharî‘ah (objectives of shari’ah). As a Muslim country, Indonesia in the Reform era has committed to the protection and enforcement of human rights in line with the implementation of substantive democracy. Yet there remain a number of problems or obstacles in the protection of human rights caused by several factors, be they substantive, structural or cultural. The government, parliament as well as civil society and religious organizations have conducted efforts to solve the problems and obstacles.</p><p><br />Kata Kunci: hak asasi manusia, Islam, tanggung jawab manusia, maqâsid al- sharî‘ah, kebebasan</p>

scholarly journals Diskursus Islam dan Hak Asasi Manusia (Kajian Universalitas dan Kasus Pelanggaran Hak Asasi Manusia)

2017 ◽  
Vol 2 (1) ◽  
pp. 113
Author(s):  
Ahmad Muhtarom
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Religious Organizations ◽  
Muslim Country ◽  
Reform Era ◽  
Muslim Countries ◽  
Protection Of Human Rights ◽  
The Government

This paper explains the compatibility of islam and human rights as well as efforts to protect human rights ini Indonesia as a Muslim country. This paper thus rejects the opinion of a number of observers about the incompatibility or conflict between islam and human rights just because of the fact that the majority of muslim countries does not fully protect an enforce human rights. Since the beginning, islam has recognizied the protection of human rights, which were then formulated by the ulama with the concept of maqa>sid al-syari>’ah (objectives of shari’ah). As a muslim country, Indonesia in the reform era has committed to the protection and enforcement or human rights ini line with the impelementation of substantive democracy. Yet there remain a number of problems or obstacles in the protection of human rights caused by several factors, be they substantive, structural or cultural. The government, parliament as will as civil society an religious organizations have conducted efforts to solve the problem and obstacles.

scholarly journals Implementation of International Human Rights Obligations in Nigeria: Civil Society Perspective

2021 ◽  
Vol 8 (6) ◽  
pp. 330-344
Author(s):  
Uchenna Emelonye
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Periodic Review ◽  
Sources Of Information ◽  
International Human Rights ◽  
Universal Periodic Review ◽  
Human Rights Council ◽  
Protection Of Human Rights ◽  
International Human ◽  
The Government

Civil society organizations are key actors in the promotion and protection of human rights in Nigeria and have participated in all the Universal Periodic Review (UPR) circles of the Government of Nigeria.  The UPR is a first of its kind innovation adopted in 2006 by the Human Rights Council to complement the works of treaty bodies and involves the review on a periodic basis, the human rights records of all Member States of the United Nations. As a peer review process comprising three distinct stages and involving three major sources of information, this article exclusively ex-rays the UPR civil society report on the implementation of Nigeria’s international human rights obligations. As one of the three sources of information relied upon by the Human Rights Council in the Universal Periodic Review of the human rights record of the Government of Nigeria, this article, while focusing on the civil society information submitted to the Human Rights Council pursuant to the United Nations General Assembly Resolution 60/251 concludes that despite advances in the promotion and protection of human rights claimed in its national report to be made in the implementation of international human rights obligations, there are still, from civil society lens, plethora of issues and gaps in the implementation of Nigeria’s international human rights obligations.

scholarly journals CRITICAL STUDIES OF INDONESIA’S INTEREST IN RATIFICATION PROCESS OF THE 1951 CONVENTION AND 1967 PROTOCOL

2018 ◽  
Vol 1 (1) ◽  
pp. 49-62
Author(s):  
M. Alvi Syahrin ◽  
Surya Pranata
Keyword(s):  
Human Rights ◽  
Cultural Values ◽  
Research Method ◽  
Legal Aspects ◽  
Reform Era ◽  
International Convention ◽  
Positive Law ◽  
Protection Of Human Rights ◽  
The Government ◽  
Human Rights Norms

The increasing number of refugees each year has caused the government difficulties in handling  refugee issues. The absence of law concerning refugees in Indonesia has caused weak coordination  between related institutions in field. In this paper will discuss what the urgency, relevance, and  obstacles faced by Indonesia in the process of ratification of the 1951 Convention and 1967  Protocol. The research method used in this paper is qualitative normative legal research method with  deductive logical thingking. The urgency to ratify this Convention can strengthen the human rights  institutions in the country, although this is not the only indicator for good human rights  implementation. It is because some human rights norms are in fact also regulated in domestic  legislation in the current reform era this. Indonesia can not exclude the existence of the International  Convention on Human Rights. Even it is necessary to bring the domestic and international factors  closer. The relevance to ratify this Convention will enhance the international accountability of a  country through a more objective and civilized way. Meanwhile, in terms of legal technical  considerations, the ratification will strengthen and enrich the national legal instruments so that it  will better ensure the progress and protection of human rights better. Ratification can even be a  shortcut to bring closer the existing gap between legal instruments at the international and national  levels. Obstacles faced are categorized into two aspects, namely the security and legal aspects. The  security aspect caused by refugees is often seen as a threat to the state. While the legal aspects of the  law are caused by the absence of comprehensive rules in regulating the refugees and asylum seekers  in positive law in Indonesia that can weaken the coordination between agencies in the field. As a  law-based country that highly appreciate human rights, ratification of The 1951 Refugee Convention  and 1967 Protocol must be a priority. Both instruments are relevant, since the substance are not only  heavily loaded with regulation about human rights but also in line with cultural values and norms in  Indonesia. As such, the process of ratification needs to consider the country readiness, in terms of  technical, political and legal aspects, since those aspects are sometimes challenging. On this matter,  ratification is expected to narrow the gap between national and international instruments of law.  

scholarly journals Pembangunan Hukum dan Hak Asasi Manusia di Indonesia

2009 ◽  
Vol 3 (1) ◽  
pp. 83-110
Author(s):  
Lindra Darnela
Keyword(s):  
Human Rights ◽  
Human Right ◽  
Protection Of Human Rights ◽  
The Government

There are some changes towards law protection of human rights. UUD 1945 is not as accommodative as RIS constitution. To overcome the problems, the government made an amendment to UUD 1945 section 28, to give more law protection for human right.

scholarly journals Politics Of Law Human Rights Protection In Indonesia

2020 ◽  
Vol 2 (4) ◽  
pp. 513
Author(s):  
Pradikta Andi Alvat
Keyword(s):  
Human Rights ◽  
Political Development ◽  
Legal Protection ◽  
Secondary Data ◽  
Three Dimensions ◽  
Reform Era ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Source Data ◽  
Protection Of Human Rights

This study aims to know how political development of legal protection of human rights in Indonesia and political objectives of the legal protection of human rights itself. The research method using normative juridical approach. Specification of the research is descriptive. Provide an overview and critical analysis and conclusions of the research object. Source data using secondary data sources through books and legislation. The data collection method through the study of literature. Analysis of data using qualitative approach. The results showed that the political development of the legal protection of human rights has undergone discourse tight since the formulation of the Constitution and found basic juridical-constitutional is ideal since the reform era with the birth of Chapter XA in the constitution on human rights, born Law of Human Rights, and the formation of the court of HAM. The purpose of a political human rights protection law contains three dimensions, namely the dimensions of philosophical, sociological dimension and juridical dimension.Keywords: Protection Of Human Rights; Political Law; State Law.

scholarly journals Legal doctrine, legal science and protection of human rights (efficiency ratio)

2020 ◽  
Vol 11 (11) ◽  
pp. 11-15
Author(s):  
Onischenko N.
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Rule Of Law ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Current State ◽  
Legal Science ◽  
Democratic State ◽  
Protection Of Human Rights ◽  
Spatio Temporal

The current state of Ukrainian society requires the scientific community to find answers to the general social impulses needed for reform strategies: from unconstructive attempts to replace the state with civil society to efforts aimed at their balanced interaction. It is the principle of social and political balance in the relationship between the rule of law and civil society should be the basis for correcting and correcting the unstable economic situation, overcoming acute social conflicts, establishing the rule of law, building a democratic state. It should be noted that it is quite clear that sometimes the implementation of a right requires at least not one, but clearly several opportunities, such as: economic, educational, social, gender, etc., existing in the relevant spatio-temporal continuum. Moreover, there is an indisputable thesis that there are no secondary or non-first-class or type of human rights, so every unrealized, not realized in time or not fully realized right, without a doubt, is based on the lack of, first of all, the corresponding real opportunities. It is also clear that the implementation of a certain right depends, for example, on the relevant regulations. we note that state-building processes, their dynamics, progressive trends depend on many factors. In this context, the interconnectedness of the development of a democratic, legal, social, European state and the formation of a mature, active, civil society was considered. Keywords: legal science, legal doctrine, human rights, rights and opportunities, legal development.

scholarly journals THE EASY WAY OUT? CONSTITUTIONAL AVOIDANCE AND ITS IMPACT ON HUMAN RIGHT ENFORCEMENT IN BOTSWANA

2019 ◽  
Author(s):  
Kago K.Y. Boiki
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Human Right ◽  
Protection Of Human Rights

This article seeks to examine the doctrine of constitutional avoidance and assess whether it has had an impact on the protection of Human Rights in BotswanaBotswana through the courts. This article will begin with the definition the doctrine of constitutional avoidance. This will be followed by an overview of Botswana’s constitution and its Human Rights framework. The article will then go on to discuss the application of constitutional avoidance in Botswana, highlighting some case law that has been instrumental in the development of the doctrine of constitutional avoidance.

scholarly journals Sustainable access to safe drinking water: fundamental human right in the international and national scene

2017 ◽  
Vol 12 (6) ◽  
pp. 985 ◽  
Author(s):  
Celso Maran de Oliveira
Keyword(s):  
Human Rights ◽  
Drinking Water ◽  
Potable Water ◽  
Human Person ◽  
Fundamental Rights ◽  
Economic Resources ◽  
Human Right ◽  
Human Rights Treaties ◽  
Access To Water ◽  
The Government

Access to potable water is absolutely essential to the maintenance of life, as well as to provide regular exercise of other human rights. The lack of access to water in sufficient quantity or access to non-potable water may cause serious and irreparable damage to people. This paper investigates the evolution of international and national recognition of this fundamental human right, whether implicit or explicit. This was accomplished by the study of international human rights treaties, bibliographic information on water resources and their corresponding legal systems, national and international. The results suggest that sustainable access to drinking water is a fundamental human right in the context of international relations and the State. Further, even without explicitly stating this right in the Constitution of 1988, Brazil has incorporated the main international provisions on the subject, but this right must be acknowledged according to the principles of non-typical fundamental rights and the dignity of the human person. This right should be universally guaranteed by the Government in sufficient quantity and quality, regardless of the economic resources of individuals.

It Takes a Village to Implement a Judgment: Creating a Forum for Multi-Stakeholder Involvement in the Czech Republic

2020 ◽  
Vol 12 (1) ◽  
pp. 193-198
Author(s):  
Vít Alexander Schorm
Keyword(s):  
Human Rights ◽  
Czech Republic ◽  
Stakeholder Involvement ◽  
The Czech Republic ◽  
European Court ◽  
National Implementation ◽  
Protection Of Human Rights ◽  
The Government ◽  
Multi Stakeholder

Abstract In this practice note, the Government Agent of the Czech Republic before the European Court of Human Rights and other international bodies for the protection of human rights reflects on national implementation, with the help of selected examples.

Kazakhstan will silence dissenting voices amid crisis

2016 ◽  
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Freedom Of Expression ◽  
International Human Rights ◽  
The West ◽  
Content Type ◽  
Lower House ◽  
International Image ◽  
International Human ◽  
The Government

Subject Prosecutions for questioning Kazakhstan's statehood. Significance Two civil society activists in Kazakhstan, Yermek Narymbayev and Serikjan Mambetalin, were jailed on January 22 after being found guilty of 'inciting ethnic discord' for comments they posted on Facebook. The verdict, condemned by domestic and international human rights groups, came shortly before the authorities announced that elections to the lower house of parliament originally scheduled for January 2017 had been brought forward to March 20. Impacts Nazarbayev's Nur Otan party will win a majority in the March polls and other parties that gain seats will have tacit government approval. Crackdowns on freedom of expression will tarnish efforts to maintain good relations with the West. The government will continue to fund costly lobbying campaigns to improve its international image.

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