PERAN UNDANG-UNDANG ORMAS  TERHADAP PENYELESAIAN KONFLIK ANTAR ORMAS

In terms of handling community organization conflicts, the problems of violence and anarchism that arise are generally caused by the lack of readiness and firmness of the government in handling community demands. In addition, the existing Civil Society Organization Laws are weak. As a tangible manifestation of a state run by a state government, the state must play an active role in addressing social conflict that is no longer in line with national goals and ignores the law. In the context of the dissolution of riot organizations and triggers of government conflict, it can also see in detail the legal rules contained in the Ormas Law, using the basic concept of limiting human rights as mandated in the constitution and other laws and regulations, then in circumstances that can cause a concern in the Unitary State of the Republic of Indonesia can use the basic theory of state sovereignty to limit the legitimacy of the existence of a mass organization that can jeopardize state sovereignty.

Download Full-text

E-INTEGRATIVE CONTROL SYSTEM AS A COMMUNITY ORGANIZATION SUPERVISION DESIGN TO REALIZE THE CONCEPT OF STATE

Jurnal Hukum ◽

10.26532/jh.v36i2.11390 ◽

2020 ◽

Vol 36 (2) ◽

pp. 117

Author(s):

Wahyu Beny Mukti Setyawan ◽

Fery Dona

Keyword(s):

Human Rights ◽

Control System ◽

Community Organization ◽

The State ◽

State Sovereignty ◽

Effective Solution ◽

Social Organizations ◽

The People ◽

The Republic ◽

The Government

The government, as the party that has the mandate from the people tosa feguar ditsso vereignty, has revoked permits for the establish men to social organizations which are deemed contrary to the ideology of the State. The Ministryof Law and Human Rights as the party that grants the permit can immediately revokethelicense on the basis of the contractus actus principle contained in the Perppu No. 2 of 2017 concerning Amendmentsto Law No. 17 of 2013 concerning Community Organization. Even though they have taken repressive steps, the Ministry of Law and Human Rights has not taken any preventiveaction in obstructing and preventing theemergence of social organizations that are contrary to the ideology of the State. There fore the authors providean effective solution in theformofan E-Integrative Control System as a Social Organization Supervision Design to Realize the Concept of State Sovereignty so that the Government as the party responsible for granting perm its for the establish men to social organizations and contradicting stateideology. Which could threaten theso vereigntyandintegrity of the Unitary State of the Republic of Indonesia.

Download Full-text

SIKAP ORGANISASI KEMASYARAKATAN ISLAM TERHADAP UNDANG-UNDANG NOMOR 17 TAHUN 2013 TENTANG ORGANISASI KEMASYARAKATAN DAN PERPU NOMOR 2 TAHUN 2017 (Perspektif Studi Kebijakan Dakwah)

Jurnal Ilmu Dakwah ◽

10.21580/jid.v37.1.2621 ◽

2018 ◽

Vol 37 (1) ◽

pp. 108

Author(s):

Muhammad Abdul Azis

Keyword(s):

Human Rights ◽

State Government ◽

Real Life ◽

The State ◽

New Order ◽

Freedom Of Association ◽

Reform Era ◽

The Future ◽

The Republic ◽

The Government

<p><em>Freedom of association, assembly and expression is a part of human rights guaranteed by the 1945 Constitution of the State of the Republic of Indonesia. This freedom also includes the propagation of religious teachings as an ideology for transformation to real life. For Muslims, especially da'i certainly have great ideals for the realization of a prosperous fair society that is directed by Allah SWT. It can be fought, one of which can be through social organization.During the 72 years of independent Indonesia, several regulations issued by the government to regulate the system and mechanisms of mass organizations have added controversy to Islamic mass organizations. In the new order, some organizations threatened to be dissolved and not recognized for rejecting the sole principle of Pancasila. The dynamic continues until the reform era. This can be an afterthought for the da'wah perpetrators, especially those who take the path of the organization to pay more attention to the basic aspects of administrative formation with respect to the state / government, because it will subsequently be very influential on the sustainability of da'wah in the future.</em></p>

Download Full-text

Problematika Peraturan Pengganti Undang-Undang Nomor 1 Tahun 2017 tentang Organisasi Masyarakat

Mulawarman Law Review ◽

10.30872/mulrev.v4i1.52 ◽

2019 ◽

pp. 226-237

Author(s):

Rezki Robiatul Aisyiah Ismail

Keyword(s):

Human Rights ◽

Social Organization ◽

Government Regulation ◽

Community Organization ◽

Community Organizations ◽

The State ◽

Freedom Of Association ◽

The Law ◽

The Republic ◽

The Government

Indonesia is a democratic constitutional state set forth in article 1 paragraph (3) of the 1945 Constitution of the State of the Republic of Indonesia, as a legal state for running a state and protection of human rights under the law. One of them is in Article 28 E Paragraph (3) of the 1945 Constitution of the State of the Republic of Indonesia which states that everyone has the right to freedom of association, assembly, and expression. The regulation concerning the Organization of the Community is in fact set out in Law No. 17 of 2013 on Community Organizations. Community organization is an organization founded and formed by the community voluntarily based on the similarity of aspirations, wills, needs, interests, activities and objectives to participate in development in order to achieve the objectives of the Unitary State of the Republic of Indonesia based on Pancasila. Community organizations may be in the form of two, incorporated and non-legal entities. The Government issued a Regulation in Lieu of Law of the Republic of Indonesia Number 2 Year 2017 on the amendment to Law No. 17 of 2013 on Social Organization and then with the Regulation of Lieu of the Law the government made a policy that the Government in this case gave authority to the Ministry of Justice and Human Rights Asasi Manusia dissolved social organization which contradict with principle of Pancasila one of them is Hizbut Tahrir Indonesia discussion Government Regulation of society organization still has weakness substantially. Government regulation in lieu of laws of community organizations in order to reinforce the principle of contrarius actus is not appropriate because it has actually attached to government officials without the need to be affirmed in the legislation.

Download Full-text

KEBERADAAN PEKERJA DISABILITAS DALAM PANDANGAN HAK ASASI MANUSIA

JURNAL ILMIAH ADVOKASI ◽

10.36987/jiad.v9i1.2081 ◽

2021 ◽

Vol 9 (1) ◽

pp. 58-71

Author(s):

Zainal Abidin Pakpahan

Keyword(s):

Human Rights ◽

Legal Protection ◽

Literature Study ◽

Persons With Disabilities ◽

Legal Rules ◽

Sense Of Security ◽

Physical Limitations ◽

Constitutional Right ◽

The Republic ◽

The Government

Indonesia as a democratic country which has the freedom to enjoy its life legally must be protected, including disabilities, so that part of the constitutional right as regulated in Article 28 I paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Persons with disabilities are far from the government's attention in accommodating their rights so that people with disabilities are often marginalized by other groups so that they are less confident in expression by social interaction with other communities so that their existence is still far from a sense of security and protection legally even though they are rights human rights with disabilities must be treated equally and equally, which should be treated specifically because they have physical limitations, this means that the existence of persons with disabilities can have legal protection. prevailed. The problems in this regard, first, how is the existence of persons with disabilities in human rights, and legal protection in an effort to fulfill their rights. This study is a normative legal study aimed at finding and formulating legal arguments, through analysis of the subject matter. The technique of collecting legal materials is carried out by literature study. The approach used in this research is the statute approach, which is by examining the applicable legal rules relating to disabilities. This research concludes that the government seems still far from fulfilling the rights of persons with disabilities in human rights to obtain government understanding into multiple interpretations that can harm human rights with disabilities.Keywords: Existence, Disability, Human Rights

Download Full-text

A Call for Public Participation in the Treaty-making Process in South Africa: What can South Africa Learn from the Kingdom of Thailand?

Comparative and International Law Journal of Southern Africa ◽

10.25159/0010-4051/6029 ◽

2020 ◽

Vol 53 (1) ◽

Author(s):

Retselisitsoe Phooko

Keyword(s):

South Africa ◽

Human Rights ◽

Public Participation ◽

International Treaty ◽

Legal Implications ◽

Future Situation ◽

Rules Of Procedure ◽

The Republic ◽

The Government ◽

Personal Jurisdiction

On 2 August 2002 South Africa signed the Southern African Development Community (SADC) Protocol on Tribunal and the Rules of Procedure Thereof, thus effectively recognising and accepting the jurisdiction of the SADC Tribunal. Among the cases received by the SADC Tribunal was a complaint involving allegations of human rights violations by the government of Zimbabwe. It ruled that the government of Zimbabwe had violated human rights. Consequently, Zimbabwe mounted a politico-legal challenge against the existence of the Tribunal. This resulted in the review of the role and functions of the Tribunal in 2011 which resulted in the Tribunal being barred from receiving new cases or proceeding with the cases that were already before it. Furthermore, on 18 August 2014, the SADC Summit adopted and signed the 2014 Protocol on the Tribunal in the SADC which disturbingly limits personal jurisdiction by denying individual access to the envisaged Tribunal, thus reducing it to an inter-state judicial forum. This article critically looks at the decision of 18 August 2014, specifically the legal implications of the Republic of South Africa’s signing of the 2014 Protocol outside the permissible procedure contained in article 37 of the SADC Protocol on the Tribunal. It proposes that South Africa should correct this democratic deficit by introducing public participation in treaty-making processes in order to prevent a future situation where the executive unilaterally withdraws from an international treaty that is meant to protect human rights at a regional level. To achieve this, this article makes a comparative study between South Africa and the Kingdom of Thailand to learn of any best practices from the latter.

Download Full-text

Implementation of Normative Intelligence Policy In Immigration View

Journal of Law and Border Protection ◽

10.52617/jlbp.v1i2.176 ◽

2019 ◽

Vol 1 (2) ◽

pp. 103-116

Author(s):

Olyvia Sindiawaty ◽

Mercy Marvel

Keyword(s):

Human Rights ◽

Law Enforcement ◽

State Government ◽

The State ◽

Government Agencies ◽

Immigration Enforcement ◽

Legal Rules ◽

State Security ◽

The Future ◽

Definition Of

Intelligence Policy has often been heard in the realm of law, especially with government agencies held in Indonesia. One of them is the immigration agency, which is under the auspices of the Ministry of Law and Human Rights. The implementation of the policy is still minimal, although in fact it is contained in article 1 of Law No. 6 of 2011 number 30, as well as article 74. There are still many that need to be addressed, both in the applicable legal rules and with implementation in the field. The fact that sometimes the Immigration Officer is sometimes mixed in its own definition of intelligence and oversight. Are they the same or different and how to distinguish the two. Recognizing the fact that immigration is increasingly compacted by traffic activities in and out of foreigners and citizens and their supervision, a qualified intelligence is needed in maintaining the upholding of the country's sovereignty. It is an obligation, especially for immigration to safeguard the country as stated in the immigration function, is part of the affairs of the state government in providing Immigration services, law enforcement, state security, and community welfare development facilitators. Therefore, immigration should take part in enforcing supervision and security of the state in the field of law. Immigration intelligence which is under the auspices of the Directorate of Intelligence and immigration enforcement should need to be developed more thoroughly as a whole. So, it is hoped that in the future the Indonesian state will have total sovereignty over the country and its own people.

Download Full-text

Rechtsvacuum Phenomenon in Government Regulation of the Republic of Indonesia Number 51 of 2020 related to Passport Renewal Period to 10 Years

Journal of Law and Border Protection ◽

10.52617/jlbp.v1i1.156 ◽

2019 ◽

Vol 1 (1) ◽

pp. 51-58

Author(s):

Fachrizza Sidi Pratama

Keyword(s):

State Government ◽

Government Regulation ◽

The State ◽

Government Regulations ◽

The Republic ◽

The Government ◽

Renewal Period ◽

Law Regulation ◽

Laws And Regulations

Legislation is one of the legal products issued by the state government component. In this case, the laws and regulations include the Constitution of the Republic of Indonesia year 1945, the Decree of the People's Consultative Assembly, The Law / Regulation of the Government In lieu of Laws, Government Regulations, Presidential Regulations, and Local Regulations. As for its application, the rules have levels in the arrangement, where there are sections that explain macro and its derivatives that are narrowing down to the implementing regulations. The levels of the rules must be complete because each of them has its own function. Meanwhile, in this journal, there will be a discussion on the phenomenon of legal vacancies in the case study of Government Regulation of the Republic of Indonesia Number 51 of 2020 related to the Period of Extending Passports to 10 Years, where in the issuance of government regulations have not been included implementing regulations that will regulate how the implementation of government regulations in the field.

Download Full-text

State Use Provisions for Patent Law, and Expropriations: Some Comparative Law Guidelines for South Africa during the Covid-19 Crisis and Beyond

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2020/v23i0a8150 ◽

2020 ◽

Vol 23 ◽

pp. 1-35

Author(s):

Mikhalien Du Bois

Keyword(s):

South Africa ◽

State Government ◽

Patent Law ◽

The State ◽

Patent Owner ◽

Canadian Law ◽

Patent Rights ◽

The Republic ◽

The Government ◽

Suitable Framework

This article views section 4 of the Patents Act 57 of 1978 against section 25 of the Constitution of the Republic of South Africa, 1996 and Article 31 of the Agreement on Trade-Related Aspects of Intellectual Property Rights of 1994 (hereafter TRIPS). The purpose is to find a suitable framework for the state/government use/utilisation of patented products or processes for public purposes. A comparison is done with the Crown use provisions in United Kingdom, Australian and Canadian law to find a suitable approach to questions relating to remuneration for state use, the prior negotiations requirement set by Article 31 of TRIPS, and the public purposes and exclusive patent rights that would be included under state use. The COVID-19 international pandemic has caused a state of national disaster in South Africa, which is exactly the kind of situation of extreme urgency envisioned by the exception in Article 31 of TRIPS, which permits the state use of patents without requiring prior negotiations with the patent owner. In the battle against COVID-19 and its concomitant fallout, the South African government (and authorised private parties) would be permitted to utilise patent rights without explicit authorisation from the patent owner and without prior negotiations, but subject to the payment of reasonable remuneration by the government and other terms and conditions as agreed upon or as determined by a court. This may include making (manufacturing), using, exercising, and importing patented products (for example, personal protective equipment, pharmaceuticals, ventilators and diagnostic tests) deemed necessary in the fight against COVID-19. Foreign jurisdictions considered in this article indicate that section 4 of the Patents Act 57 of 1978 may certainly benefit from an update to provide detailed guidance on the state use of patented products or processes for public purposes. In the interest of a timeous offensive against the COVID-19 virus, the patent provisions need a speedy update to allow state use compliant with TRIPS and the Constitution of the Republic of South Africa, 1996.

Download Full-text

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

SEEU Review ◽

10.2478/seeur-2020-0002 ◽

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.

Download Full-text

Analisis Dimensi Hak Asasi Manusia Terhadap Putusan Hakim dalam Perkara Pencabulan Anak di Bawah Umur (Analisis Konten: Perkara No. 166/PID.B/2006/PN PDG)

Humanus ◽

10.24036/jh.v10i1.484 ◽

2012 ◽

Vol 10 (1) ◽

pp. 36

Author(s):

Akmal . ◽

Aldri Frinaldi

Keyword(s):

Domestic Violence ◽

Human Rights ◽

Child Abuse ◽

Child Protection ◽

Qualitative Method ◽

International Human Rights ◽

Women And Girls ◽

International Human ◽

The Republic ◽

The Government

The purpose of this study was to review the judge’s verdict on case No. 166/PID.B/2006/PN PDG in terms of: (1) whether the judge’s verdict fulfills the elements of legal certainty, fairness, and benefit, (2) whether the judge’s verdict relies on the national and international human rights instruments as well as reviewing the aspects of violations of human rights particularly in cases of child abuse. The type of the human rights cases is domestic abuse of under-aged girls. This research used qualitative method with normative judicial approach. Data processing is done using content analysis. The conclusion of the research; (1) Council of Judges needs to understand the ratification of the Child Protection Law and Law on the Elimination of Domestic Violence as well as the International Human Rights Instruments by the Government of the Republic of Indonesia relating to the Convention on Children’s Rights, in order to stress the domestic child abuse as a form of violation against human rights and as a crime against humanity, (2) in order to protect the victims of domestic violence, particularly women and girls, judges should implement the Child Protection Law and Law on the Elimination of Domestic Violence in their verdicts and the Convention of Children’s Right, because the Penal Code KUHP has not guaranteed fully the protection of children and women as primary victims of domestic violence. Key words: human rights, council of judges.

Download Full-text