scholarly journals Redefining Personhood: A Synoptic Analysis of Human Subjectivity from Legal and Human Rights Perspectives

Author(s):  
Dr. MD Parvez Sattar

Both primary and secondary data used in analysis and evidencing the arguments made in the essay

2021 ◽  
Author(s):  
Dr. MD Parvez Sattar

Both primary and secondary data used in analysis and evidencing the arguments made in the essay


2019 ◽  
Vol 1 (3) ◽  
pp. 309-317
Author(s):  
Sigit Saputra ◽  
Otong Rosadi

Broadly speaking, gather and issue opinions as stipulated in Article 28 (e) Paragraph (3) of the 1945 Constitution, independence expresses opinion as stipulated in Law No. 9 of 1998, then everyone has the right to freedom of association. The practice is in the field, many demonstrations taste or demonstration that ended in riots that led to anarchists. In carrying out the task of handling mass riots during the Police demonstration using 1) Perkap No. 16 of 2006 concerning Mass Control Guidelines, 2) Protap/1/X/2010 concerning Countermeasures for Anarchy, 3) Perkap No. 1 of 2012 concerning Mass Unraveling Platoon, 4 ) Perkap No. 7 of 2012 concerning Procedures for Organizing Services, Safeguards and Handling of Cases of Public Opinion. The problems in this thesis are: First, how is the use of force by the Padang Police Satsabhara in dealing with anarchist demonstrations in Padang City? Second, the obstacles encountered by Padang Satsabhara in handling anarchist demonstrations in Padang City and how to overcome these obstacles? Third, how effective is the use of force by the Padang Police Satsabhara in handling anarchist demonstrations in Padang City?The specification of this research is a descriptive analytical study. The approach used is normative juridical as the main approach and supported by an empirical juridical approach. The data used is secondary data and primary data. The data obtained were analyzed qualitatively and presented descriptively analytically. Based on the research and discussion, it can be seen that: First, the use of force by Satsabhara Polresta Padang in handling anarchist demonstrations in Padang City includes organizing services, organizing security and handling cases, carried out by using force, such as in the preparation stage before the demonstration , in the event of anarchist demonstrations and at the time of anarchist demonstration activities are over. Second, the obstacles encountered by Padang Satsabhara Polresta in handling anarchist demonstrations in Padang City are human rights problems, provocation from certain parties, legal unconsciousness of the community and lack of coordination with the Police and related agencies. Whereas the efforts made in handling the demonstration are; a). pre-emptive effort, b). preventive efforts, c). repressive efforts. Then the Police also made several efforts, namely by increasing the professionalism of members of the Police, coordinating with relevant agencies and conducting legal counseling to the community. Third, the effectiveness of the use of force by the Padang Police Satsabhara in handling anarchist demonstrations in Padang City based on its duties and authorities has shown performance in police actions to deal with anarchic demonstrations in Padang City that are optimal with the number of anarchist rallies in Padang City that have been handled.


Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 72-83
Author(s):  
Tushar Kadian

Actually, basic needs postulates securing of the elementary conditions of existence to every human being. Despite of the practical and theoretical importance of the subject the greatest irony is non- availability of any universal preliminary definition of the concept of basic needs. Moreover, this becomes the reason for unpredictability of various political programmes aiming at providing basic needs to the people. The shift is necessary for development of this or any other conception. No labour reforms could be made in history till labours were treated as objects. Its only after they were started being treating as subjects, labour unions were allowed to represent themselves in strategy formulations that labour reforms could become a reality. The present research paper highlights the basic needs of Human Rights in life.


2014 ◽  
Vol 28 (2) ◽  
pp. 239-250 ◽  
Author(s):  
Andrew Gilmour

Ever since the Charter of the United Nations was signed in 1945, human rights have constituted one of its three pillars, along with peace and development. As noted in a dictum coined during the World Summit of 2005: “There can be no peace without development, no development without peace, and neither without respect for human rights.” But while progress has been made in all three domains, it is with respect to human rights that the organization's performance has experienced some of its greatest shortcomings. Not coincidentally, the human rights pillar receives only a fraction of the resources enjoyed by the other two—a mere 3 percent of the general budget.


2018 ◽  
Vol 19 (1) ◽  
pp. 27-44
Author(s):  
Eleni Polymenopoulou

The threat of criminal punishment of same-sex relationships has revived in Indonesia. Despite the remarkable improvements that were made in recent years, such as the Yogyakarta principles in 2007 and the organisation of the Jakarta Q-film festival, homophobia has been gradually observed throughout the country. The criminal punishment of both prostitution and homosexuality in the (Islamised) region of Aceh by virtue of local laws (perdas) and incidents such as the raid of a Jakarta gay sauna in late 2017 that resulted in several prosecutions demonstrate that the struggle for non-discrimination and equality for lesbian, gay, bisexual, transgender and intersex (LGBTI) communities is still ongoing in this extremely diverse country. The present paper discusses this situation, highlighting the need for Indonesia to comply with its human rights obligations.


2021 ◽  
Vol 6 (1) ◽  
pp. 468
Author(s):  
Yohana Damayanti Br Kaban ◽  
Beniharmoni Harefa

Abstract During the Covid-19 pandemic, the government through the Ministry of Law and Human Rights reviewed the policy through Permenkumham No 10 in 2020 regarding the release of assimilation and the executive order making the child the perpetrator of this crime many were released. This makes bapas must improve the implementation of the development of the freed child. The problem in this study is how to optimize BAPAS in the implementation of child development as the perpetrator of crimes that are released because of Covid-19 and the obstacles faced by bapas in the implementation of the construction. The purpose of this study is to know how to optimize BAPAS in the development of children as perpetrators of crimes that are released because of Covid-19 and know the obstacles faced by bapas in the implementation of the construction of children as perpetrators of the crime struck. The research method used is normative juridical using secondary data obtained through literature studies such as scientific books, journals, laws. Key words : Correctional Center; Child; Covid-19 Abstrak Dimasa pandemi Covid-19, pemerintah melalui Kementerian Hukum dan HAM mengeluarkan kebijakan melalui Permenkumham No. 10 tahun 2020 terkait pembebasan dan asimilasi membuat anak sebagai pelaku tindak pidana ini banyak yang dibebaskan. Hal tersebut membuat pihak Balai Pemasyarakatan harus meningkatkan pelaksanaan pembinaan terhadap anak yang dibebaskan tersebut. Permasalahan dalam penelitian ini adalah bagaimana optimalisasi Balai Pemasyarakatan dalam pelaksanaan pembinaan anak sebagai pelaku tindak pidana yang dibebaskan karena Covid-19 dan kendala yang dihadapi pihak Balai Pemasyarakatan dalam pelaksanaan pembinaan tersebut. Tujuan penelitian ini adalah mengetahui bagaimana optimalisasi Balai Pemasyarakatan dalam pelaksaan pembinaan anak sebagai pelaku tindak pidana yang dibebaskan karena Covid-19 dan mengetahui kendala-kendala yang dihadapi pihak Balai Pemasyarakatan dalam pelaksanaan pembinaan terhadap anak sebagai pelaku tindak pidana yang dibebaskan tersebut. Metode penelitian yang digunakan adalah yuridis normatif dengan menggunakan data sekunder yang diperoleh melalui studi kepustakaan seperti buku-buku ilmiah, jurnal, undang-undang. Kata kunci: Balai Pemasyarakatan; Anak; Covid-19


2020 ◽  
Vol 2 (4) ◽  
pp. 513
Author(s):  
Pradikta Andi Alvat

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.


2021 ◽  
Vol 29 (1) ◽  
pp. 77-102
Author(s):  
Hind Sebar ◽  
Shahrul Mizan Ismail

Flogging is one of the most widely-used corporal punishments in Islamic penology. Most countries that practice Islamic criminal law use flogging to punish a variety of crimes and offenses. Saudi Arabia is one of the countries that use flogging to punish various crimes and has faced immense backlash from the international community for gross violation of human rights. The goal of this article is to investigate the implementation of flogging as a punishment in Saudi Arabia. Moreover, it also examines how international human rights law has contributed to limiting flogging as a form of criminal punishment. This study has critically analysed several human rights documents in order to understand how flogging is viewed under international human rights law if compared to the position under the Shari‘ah. Focus on the implementation of flogging in Saudi Arabia is made in particular. In addition, it is found that the application of flogging in Saudi Arabia is overused and is uncodified. Hence, the article signifies the necessity of codifying Islamic law to ensure fair legal procedures. Interestingly, a recent announcement that abolishes flogging as a common form of punishment, indicates the willingness of the kingdom to implement judicial reforms, thereby creating a ray of hope in the form of amendment of laws.


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