scholarly journals Perlindungan terhadap Lingkungan dalam Perspektif Konstitusi

2016 ◽  
Vol 13 (4) ◽  
pp. 766
Author(s):  
Pan Mohamad Faiz
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Qualitative Methodology ◽  
Court Decisions ◽  
Journal Articles ◽  
Economic Activities ◽  
Normative Approach ◽  
Library Research ◽  
State Administration ◽  
National Economic

Nowadays there is a tendency in many countries to protect the environment by incorporating general principles of environment into a state or a regional constitution. This article aims to examine the extent to which environmental protection can be provided through the adoption of those constitutional norms. This study was conducted using a qualitative methodology with a normative approach and library research derived from court decisions, law and regulations, books and journal articles. It concludes that the Indonesian Constitution contains constitutional norms for the environmental protection. However, these constitutional norms are still positioned as a subsidiary or supporting factor in the fulfillment of human rights and the national economy. In order to strengthen the environmental protection by the Indonesian Constitution, it requires a reformulation of related constitutional norms by positioning the environment more as the basic values in the state administration and national economic activities.

scholarly journals The role of african court on human and peoples’ rights protection: the case of libyan crises

2019 ◽  
Vol 6 (3) ◽  
pp. 213-222
Author(s):  
Getahun Kumie Antigegn
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Qualitative Methodology ◽  
Human Rights Violations ◽  
Court Decisions ◽  
Humanitarian Law ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
The Government

The emergence of regional human rights systems depicts one of the greatest achievements in the internationalization of human rights. The foundation of the charter paved the way for the birth of the court thereafter. The African Court is established by virtue of the 1998 protocol to the Charter and the court is built upon an arsenal of protective and remedial techniques. The establishment of the court has reset the stage and created a new platform for the protection of human rights in Africa. The cardinal objective of the paper is to investigate the role of African Court on human and Peoples’ rights protection in Libya Crises taking the case of Saif Al Islam Gaddafi. The paper has utilized qualitative methodology. The government of Libya responded with brutal force against civilian protesters in contravention of international human rights and humanitarian law. The security force of the government of Libya killed many protesters as well. This situation intensified human rights violations and enforced many of the peoples to displace. The court issued an important ruling in March 2011, ordering provisional measures against Libya in the armed conflict in its territory. Libya government denied the claims of human rights violations in its territory and showed its willingness to subject itself to criminal investigations by the Court if necessary. The issue of the fund, independence, commitment and competence of judges to interpret mandate and jurisdiction, the willingness of the states to support and to abide by court decisions, and powers of the concerned body to enforce court decisions hampered the court from being effective. Generally, African States act in good faith with respect to the decisions of the African Human Rights Court, the court becomes more import.

scholarly journals Murtad dalam Perspektif Fikih, Teologi, dan Hak Asasi Manusia

TAJDID ◽  
2021 ◽  
Vol 28 (1) ◽  
pp. 105
Author(s):  
Miftahur Rahmah ◽  
Zainuddin Zainuddin
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
Research Data ◽  
Freedom Of Religion ◽  
Journal Articles ◽  
Sensitive Issue ◽  
Library Research ◽  
Comprehensive Manner ◽  
The Law ◽  
The Right

This study examines apostasy from the perspective of jurisprudence, theology and human rights. Freedom in choosing beliefs is the right of all humans. Even in Human Rights (HAM) it has been mentioned about basic human rights in detail, one of which is freedom of interest and religion. Not only in human rights, the law in Indonesia is the same. In Islam also regulates freedom of religion. But what is happening today is the issue of apostasy, which is an important issue in Islam. This study often occurs among Muslims and is a very sensitive issue because someone who leaves Islam or is called an apostate will disturb the feelings and harmony of many parties as well as the harmony of the community. This study aims to determine how apostasy is in the perspective of fiqh, theology and human rights. This type of research is library research. Data were collected through books and journal articles related to research. The results of this study indicate that there is no compulsion in adhering to religious beliefs. A person has the freedom to choose Islam or anything else. However, if someone has made his choice to Islam, then there is no freedom to choose anymore, that person must obey and obey the teachings of Islam in a kaffah (comprehensive) manner. There are penalties and sanctions for those who violate.

scholarly journals The Role of African Court on Human and Peoples’ Right for Human Rights Protection: The Case of Libyan Crises

2020 ◽  
Vol 7 (1) ◽  
pp. 38-44
Author(s):  
Getahun Kumie Antigegn
Keyword(s):  
Human Rights ◽  
Qualitative Methodology ◽  
Human Rights Violations ◽  
Court Decisions ◽  
Humanitarian Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
The Government

The emergence of regional human rights systems depicts one of the greatest achievements in the internationalization of human rights. The foundation of the charter paved the way for the birth of the court thereafter. The African Court is established by virtue of the 1998 protocol to the Charter and the court is built upon an arsenal of protective and remedial techniques. The establishment of the court has reset the stage and created a new platform for the protection of human rights in Africa. The cardinal objective of the paper is to investigate the role of African Court on human and Peoples’ rights protection in Libya Crises taking the case of Saif Al Islam Gaddafi. The paper has utilized qualitative methodology. The government of Libya responded with brutal force against civilian protesters in contravention of international human rights and humanitarian law. The security force of the government of Libya killed many protesters as well. This situation intensified human rights violations and enforced many of the peoples to displace. The court issued an important ruling in March 2011, ordering provisional measures against Libya in the armed conflict in its territory. Libyan government denied the claims of human rights violations in its territory and showed its willingness to subject itself to criminal investigations by the Court if necessary. The issue of the fund, independence, commitment and competence of judges to interpret mandate and jurisdiction, the willingness of the states to support and to abide by court decisions, and powers of the concerned body to enforce court decisions hampered the court from being effective. Generally, unless African States act in good faith with respect to the decisions of the African Human Rights Court, the court becomes no more significant.

PRINCIPLES OF STATE REGULATION OF THE ACTIVITIES OF BODIES OF THE STATE EXECUTIVE SERVICE AND PRIVATE EXECUTORS

2018 ◽  
Vol 1 (13) ◽  
pp. 69-77
Author(s):  
Mariіa Konstantinovna Kulava
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
State Regulation ◽  
Court Decisions ◽  
Regulatory Requirements ◽  
The Rule Of Law ◽  
State Administration ◽  
Executive System ◽  
The Right

Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.

The Research on the Strategies for Sustainable Development and Environmental Protection

2013 ◽  
Vol 869-870 ◽  
pp. 786-790
Author(s):  
Chen Chen Zhang
Keyword(s):  
Sustainable Development ◽  
Environmental Protection ◽  
Development Strategy ◽  
Protection Measures ◽  
The Sustainable Development ◽  
National Economic ◽  
History Of ◽  
Dialectical Relationship ◽  
Relationship Of

The strategies for sustainable development have been included in the medium and long term plan of 2010 for national economic and social development. Protecting the environment is the most important prerequisite and safeguards for the sustainable development strategy. In the study, we described the history of the environmental problems in the world, the proposal and implications of sustainable development, and outlined the dialectical relationship of development with the environment. The environmental protection measures for sustainable development were proposed here, according to the environmental situation severely affecting its biophysical environment.

Environmental Protection in Pancasila Perspective

2020 ◽  
Vol 1 (1) ◽  
pp. 7-10
Author(s):  
Lusia Indrastuti ◽  
Budi Prasetyo
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Environmental Law ◽  
Spiritual Needs ◽  
Way Of Life ◽  
Environmental Aspects ◽  
Legal Provisions ◽  
Library Research ◽  
Ongoing Development

Utilization of natural resources through environmental empowerment is an intention to improve public welfare through the Pancasila philosophy. The occurrence of floods that have occurred at this time both the Jabodetabek area and other regions illustrate the preservation of the environment not running well. For this reason, efforts and strategies need to be made to anticipate disasters that will occur in the future. In accordance with the foundation of the Pancasila state that has been engraved in the life of the nation and state of Indonesia, the role of the Pancasila for environmental protection needs to be put forward. This article aims to prevent the dominance of law enforcement in the field of environment but the role of the Pancasila perspective as a way of life and state ideology must be put forward. Pancasila is a guideline for maintaining and developing community welfare through a harmonious, balanced environment in order to improve the ongoing development at this time. This research uses a normative approach to library research, by conducting a study of the nation's life view of Pancasila and analyzing the applicable legal provisions, specifically in the field of environmental law. The results of this study are to put forward the Pancasila perspective approach in managing the environment in order to develop patterns of harmony, harmony and balance both in meeting physical and spiritual needs. The conclusion of this article is that environmental management has not been carried out in the perspective of the Pancasila perspective, so that the practice of Pancasila values has not been carried out consistently in developing environmental aspects.

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