scholarly journals THE PURSUIT OF HAPPINESS AS A UNIVERSAL HUMAN RIGHT

2021 ◽  
Author(s):  
Bojana HAJDINI ◽  
◽  
Ada GUVEN ◽  

The article aims to give a brief review of the concept of the pursuit of happiness, its’ meaning and the role of individuals and the state that can contribute to the achievement of individual happiness by providing the legal, financial, and institutional resources. Further the article analyze the first constitutions that specifically foreseen the pursue of happiness in their provisions and argued that constantly remind the public institutions of the intentions in respecting the natural, unalienable, and sacred human rights that are necessary for the maintenance of order and the happiness of all. In the last part of the article we have studied some of the modern European constitutions and concluded that in difference from the Declarations of two centuries before, the term of happiness has been replaced with a list of rights that implicitly oblige governments to secure to all of its’ citizens extended quality of happiness. Key words: pursuit of happiness, human rights, constitution

Author(s):  
Daniel J. Hemel

This chapter suggests a human rights–based justification for national basic income schemes, contrasting it with justifications based on welfarist principles or notions of entitlement to a share of the global commons. Starting from the premise that a state is a collective enterprise that generates a surplus, it contends that any human being who is an “obedient” member of that state has a right to some share of the surplus. That right—which arises from the relationship between the individual and the state, and is independent of need—could justify the entitlement to a basic income. Such income should be provided in cash, not in kind, because the latter risks depriving the individual of the enjoyment of his share of the surplus—in effect, forcing him to forfeit or transfer it to others if he does not use the public goods or services provided by the state.


2015 ◽  
Vol 32 (3) ◽  
pp. 69-91
Author(s):  
Zakiyuddin Baidhawy

This article examines the role of the Muhammadiyah as the largest civil Islam movement in Indonesia in promoting moderation in the Muslim community. This study focuses on the Muhammadiyah’s efforts to establish its social ideals within the framework of civil society and the ummah. The findings of this study state that the social ideals of the Muhammadiyah to establish “Masyarakat Islam yang Sebenar-benarnya” (the Truly Islamic Society [MIYS]) have been implemented by playing its role in three domains. First, in the political domain the movement has utilized the public sphere and public opinion to democratize the state through collective deliberation and checks and balances on the state and public institutions, enforcing moderation and civility in diversity, and influencing the direction of state policy. Second, in the economic domain, the Muhammadiyah has attempted to build self-reliance, justice, and economic welfare through the development of religious-social philanthropy; to represent itself as the articulator and advocator of the interests of the marginalized people; and to build a healthy business for the social welfare. Third, in the cultural domain, it portrays itself as an intellectual and moral strength to enlighten the nation’s reason and conscience, to build consensus with the pillars of the state, as well as to enforce contestation and alternatives to the state.


2019 ◽  
Vol 19 (3) ◽  
pp. 193-197
Author(s):  
Adilet Merkanov ◽  

Nowadays in Kyrgyz Republic take a place huge reforms of prosecutors. The implementation of national projects requires a new quality of prosecutorial oversight so thatthe human rights and law enforcement potential of the prosecutor’s office really contributes to the development of a democratic rule of law. The prosecutor's office as one of the state legal institutions plays an extremely important role in the public and state life of the Kyrgyz Republic. As you know, the successful implementation of socio-economic and socio-political transformations in the state largely depends on existing laws, the observance of which the prosecutor's office is called upon to monitor.


2021 ◽  
Author(s):  
cevi aprilia prasetyawati

Health is a state of complete physical,mental and social wellbeing that enables everyoneto people live socially productive lives. Health is one of the basic human needs,therefore health is a right for every citizen protected by law.The purpose of this writing is to inform the public recarding human rights in health.Result of in this discussion there are human right in health and the responsibility of the state towards human rights.


2019 ◽  
Vol 10 (1) ◽  
pp. 109-128
Author(s):  
Gema Perdana

The neutrality of ASN and the politicization of the bureaucracy are still issues that need to be addressed immediately. This paper discusses the history of ASN neutrality arrangements; the influence of the bureaucratic politicization toward the ASN neutrality; and the role of KASN in manifesting the ASN neutrality. This paper is a result of a normative legal research, using the historical approach and statute approach. This paper is intended to contribute on the formulation of the ASN management that is free from the political intervention and works solely for the benefit of the nation and the state. In its history, the ASN’s neutrality was highly influenced by the inclination of the legislators. The public officials, whether from a political background or independent, should not place the ASN as a tool to maintain their power. The new institution of the State Civil Apparatus Commission (KASN) is expected to be able to maintain the quality of the implementation of the merit system. Furthermore, the regulations are needed in order to restrict the access of public officials to conduct abuse of authority, also provide the access to strict supervision from the parties including the ASN’s internal in order to be able to report any form of intervention. AbstrakNetralitas ASN dan politisasi birokrasi masih menjadi permasalahan yang perlu segera diatasi. Tulisan ini membahas mengenai sejarah pengaturan netralitas ASN; pengaruh politisasi birokrasi terhadap netralitas ASN; dan peran KASN untuk mewujudkan netralitas ASN. Tulisan ini merupakan hasil penelitian hukum normatif (normative legal research), dengan menggunakan pendekatan sejarah (historical approach) dan peraturan perundang-undangan (statute approach). Tulisan ini bertujuan memberikan kontribusi dalam perumusan manajemen ASN yang bebas dari intervensi politik dan bekerja semata-mata untuk kepentingan bangsa dan negara. Dalam sejarahnya, netralitas ASN sangat dipengaruhi oleh keinginan dari pembentuk undang-undang. Pejabat publik, baik berasal dari politik ataupun independen, tidak seharusnya menempatkan ASN sebagai alat untuk mempertahankan kekuasaannya. Lembaga baru Komisi Aparatur Sipil Negara (KASN) diharapkan mampu menjaga kualitas pelaksanaan sistem merit. Selanjutnya, diperlukan regulasi dalam rangka pengetatan akses pejabat publik untuk menyalahgunakan kewenangan, serta memberikan akses pengawasan yang ketat dari para pihak termasuk internal ASN untuk dapat melaporkan segala bentuk intervensi.


2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Rahmi Widyanti ◽  
Aida Vitria ◽  
Susiladewi Susiladewi

The level development of entrepreneurs in Indonesia is very slow. This is influenced by attention the government to its citizens still lacking. We can take the example of one of the government's policies, import salt, chili, rice etc. Is it appropriate for the State of Indonesia as an agricultural country with the dawn of rice cultivation such imports. This situation to make farmer family felling down. Government attention is needed to empower people to improve the entrepreneurial spirit. Especially in developing informal business communities of the handmade product. However, it is also the role of public institutions and universities by providing socialization and counseling, in order to accelerate the empowerment felt by the public and obtain maximum benefit in managing the business. This is effort to increase handmade production by moms community, the soul of entrepreneurs need to be given knowledge about the preparation of the marketing plan format.


2021 ◽  
Vol 39 (3) ◽  
pp. 35-43
Author(s):  
A. T. Ragimov ◽  

The article examines the mechanisms of the impact of social and psychological factors on the realization of the human right to the protection of the law. This problem is considered through the prism of human rights relations, which allow us to demonstrate in dynamics how these factors affect the state of human rights relations between a person and the state. An attempt is made to show the peculiarities of the influence of social and psychological phenomena on the behavior of a person who finds himself in the role of an authorized party to a legal relationship and on the behavior of a state that finds itself in the role of an obligated party to a legal relationship


2017 ◽  
Vol 6 (1) ◽  
Author(s):  
Muh. Alfian

<p align="center"><strong>ABSTRACT</strong></p><p>This research aimed to examine to what extent the role of the State participation in applying the principles of democracy and human right in Indonesia. This research is normative legal research (library research). There are two obligations of state toward human rights namely, protection and realization. Protection requires  the role’s state to  guarantee and to protect human rights. Meanwhile, realization is obligation demanded  State to act actively  in keeping human rights.  Human Right violations aren’t only done by State, but also non-State actors covering either individual or corporation. The obligation and responsibility to keep  human rights are important because we are not only face human crimes, genocide or war crimes but also poverty and undeveloped. The obligation and reponsibility of corporation are realized in the form of   Corporate Social Responsibility , especially in community development.</p><p><strong>Keyword</strong> : State, Democracy, Human Rights</p>


SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 430
Author(s):  
Vica Jillyan Edsti Saija

In responding to the pandemic due to the coronavirus, the Indonesian government requires the public to carry out vaccinations in order to prevent the spread of the coronavirus and establish herd immunity. This instruction contradicts that health is a form of human right that cannot be enforced. Therefore, this paper wants to examine whether COVID-19 vaccination in the midst of an pandemic situation is a form of human right or obligation. The research method used in this paper is a normative method, and the results of this paper indicate that the covid-19 vaccine during an pandemic period can be categorized as a form of human obligation for everyone based on the obligation to respect the human rights of others as stated in the State Constitution. The Republic of Indonesia in 1945.


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