scholarly journals Kebebasan Berserikat dan Keamanan Negara: Analisa Biopolitik Transformasi Kebebasan Serikat Buruh di Indonesia

2018 ◽  
Vol 4 (1) ◽  
pp. 19-40
Author(s):  
Rizma Afian Azhiim ◽  
Gema Ramadhan Bastari

In general, there are two assumptions often associated with the Indonesian labor movement in the Reformation Era: (1) the labor movement inhibits the production process and the investment climate by conducting demonstrations and/or strikes and (2) the labor movement constantly makes unreasonable demands, generally attributed to wage increases demands. This paper attempts to position these assumptions as irrelevant and also potentially lead to backward thinking in seeing how the labor movement struggles to achieve prosperity for all Indonesian workers. Through biopolitical analysis, this paper tries to explain that giving workers the right to association will not threaten national security, as long as freedom of association can be regulated and directed to ensure the survival of labor, the condusive social relations of production and the improvement of the living conditions of society in order to sustain the economic system. The analysis in this paper has led to the finding that the demands provided by the labor movement are part of the corrective mechanisms of the production system in Indonesia, and the freedom of labor to associate is an essential factor that can guarantee the economic and political security as well as the sovereignty of the Indonesian state.

Author(s):  
Vasyl Omelchuk ◽  
◽  
Yurii Bohatov ◽  

Establishment of collective rights in the Constitution of Ukraine is an important factor in fulfilment of all human rights and freedoms. The right to freedom of association in political parties and public organizations, right to assemble peacefully, unarmed, and hold meetings, rallies, campaigns and demonstrations, right to file collective appeals to the state and local authorities are the main collective human rights in Ukraine. Their implementation is not subject to any restrictions, except for those directly stated in the foundation of the Basic Law of Ukraine. Among them a leading position is occupied by the interests of national security. Collective rights are becoming increasingly important and challenging in their implementation in a state and society precisely in connection with the problem of ensuring national security. Societal and political processes, both in our country and abroad, which are associated with display of collective rights, give reason to perceive this phenomenon as a socio-political and scientific and legal problem. It needs more attention and further action.


2016 ◽  
Vol 25 (2) ◽  
pp. 27
Author(s):  
Ritu Khullar ◽  
Vanessa Cosco

After reviewing the evolution of the Court’s approach to freedom of association (though excluding the Court’s discussion of the corollary freedom not to associate), this paper reviews the Supreme Court of Canada’s 2015 cases on freedom of association, also known as the 2015 Labour Trilogy, and discusses their implications: Mounted Police Association of Ontario v Canada (AG) addressing the right to join a union; Meredith v Canada (AG) addressing legislation overriding predetermined wage increases; and Saskatchewan Federation of Labour v Saskatchewan addressing the right to strike.The paper then discusses how the 2015 Labour Trilogy reinvigorated the values underlying the Canadian Charter of Rights and Freedoms and how it applies to strikes not directly relative to collective bargaining.


Author(s):  
Mariіa Konstantinovna Kulava

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.


Author(s):  
Sarah Song

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.


2020 ◽  
Vol 37 (2) ◽  
pp. 153-169
Author(s):  
Teresa M. Bejan

AbstractThe classical liberal doctrine of free expression asserts the priority of speech as an extension of the freedom of thought. Yet its critics argue that freedom of expression, itself, demands the suppression of the so-called “silencing speech” of racists, sexists, and so on, as a threat to the equal expressive rights of others. This essay argues that the claim to free expression must be distinguished from claims to equal speech. The former asserts an equal right to express one’s thoughts without interference; the latter the right to address others, and to receive a hearing and consideration from them, in turn. I explore the theory of equal speech in light of the ancient Athenian practice of isegoria and argue that the equality demanded is not distributive but relational: an equal speaker’s voice should be counted as “on a par” with others. This ideal better captures critics’ concerns about silencing speech than do their appeals to free expression. Insofar as epistemic and status-harms provide grounds for the suppression and exclusion of some speech and speakers, the ideal of equal speech is more closely connected with the freedom of association than of thought. Noticing this draws attention to the continuing—and potentially problematic—importance of exclusion in constituting effective sites of equal speech today.


1942 ◽  
Vol 36 (5) ◽  
pp. 837-849 ◽  
Author(s):  
Byron Price

To a free people, the very word “censorship” always has been distasteful. In its theory, it runs counter to all democratic principles; in practice, it can never be made popular, can never please anyone.Everything the censor does is contrary to all that we have been taught to believe is right and proper. The Post Office Department, for example, has two proud mottoes: “The mail must go through,” and “The privacy of the mail must be protected at all hazards.” But censorship stops the mail, it invades the privacy of the mail, it disposes of the mail as may seem best. The same thing holds true in the publishing business. Censorship limits the lively competition and free enterprise of reporters. It relegates many a scoop to the waste basket. It wields a blue pencil—both theoretical and actual—on news stories, magazine articles, advertisements, and photographs. Censorship also enters the radio industry, where it may edit scripts and in some cases stop entire programs.Yet even the most vociferous critics of the principle of censorship agree that in war-time some form and amount of censorship is a necessity. It then becomes not merely a curtailment of individual liberty, but a matter of national security. It is one of the many restrictions that must be imposed on people fighting for the right to throw off those restrictions when peace returns.


Sociology ◽  
2021 ◽  
Author(s):  
Peter Kivisto

Conservatism refers to one of the constituent political positions found in all contemporary democracies. It can be construed as a philosophy, an ideology, a political party, a movement, a disposition, a mode of discourse, performance style, and an emotional relationship to the political. Since the birth of modern democracies in the aftermath of the French Revolution, it has become commonplace to describe the range of political options available to the citizenry as occupying a spectrum from left to right, with a range of alternatives between the extreme poles, including a centrist position in the middle that straddles the divide. The left was associated with promoting challenges to established authorities and existing hierarchies, along with calls for increased economic equality and expanded social and political rights to all citizens, including the heretofore marginalized. This contrasts with the right, which was defined as defending inequalities and differential entitlements, concentrating matters involving rights around preserving property rights, shoring up public and social order, and promoting traditional values and conventional social relations. In this context, liberalism became a mark of political identity associated with the left, as did socialism, while conservatism, broadly construed, represented the right. This framing of politics also includes the possibility of underminings by extremism on both the left and right. For the former, the main threat since the Russian Revolution has been posed by revolutionary communism, while right-wing extremism has manifested itself in reactionary movements, including fascism and illiberal populism. Since liberalism and conservatism must be understood in relational terms, the spatial and temporal settings for the politics of opposition will vary considerably. It is impossible to do justice to the vast literature on conservatism in a bibliography such as this. What follows is a more delimited, and thus manageable examination of work on conservatism. First, it focuses on conservatism in the United States, and not elsewhere. Second, it is chiefly concerned with conservatism since the end of World War II. Third, it concentrates on the study of conservatism by sociologists and those working in cognate disciplines; while not all the authors are card-carrying sociologists, their works reflect a sociological character, although the exception to this third point is the overview section, which presents key readings by advocates of conservatism, and thus offers insider depictions of the meaning of conservatism. Fourth, this article does not concentrate solely on extremist right-wing movements; rather, in surveying the relevant literature on American conservatism broadly construed, it points to a growing consensus that the radical right wing has pushed mainstream conservatism increasingly further to the right.


2021 ◽  
Vol 2021 (2) ◽  
pp. 288-305
Author(s):  
Delano Cole van der Linde

In terms of section 10(3) of the Prevention of Organised Crime Act 121 of 1998 (“POCA”), a court may impose an aggravated sentence on a criminal offender if the offender was a gang member at the time of the commission of a crime. The court is entitled to apply section 10(3) to the sentencing of any common-law or statutory offence, save for the gang-related offences in Chapter 4 of POCA. As aggravated punishment is attached directly to a person’s status as a gang member, one must question whether such aggravated punishment does not violate the right to freedom of association in section 18 of the Constitution of the Republic of South Africa, 1996. Section 18 is an unqualified right and subject only to the limitations clause under section 36 of the Constitution. The purpose of this contribution is to investigate whether the associational freedom guaranteed by the Constitution may be limited in light of considerations under international law (such as the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights and the European Convention on the Protection of Human Rights and Fundamental Freedoms) as well as foreign law (specifically the United States and Germany). The consensus is, broadly speaking, that persons are nondeserving of associational protection where the conduct connected to such an association is criminal in nature. Increased criminal consequences are justifiable where a person’s unlawful conduct is also connected to their status and activity as a member of a criminal organisation. However, increased criminal consequences based merely on a person’s membership of a criminal organisation, as is the case in terms of section 10(3) of POCA, is considered arbitrary and irrational. The conclusion is that section 10(3) of POCA should be amended so that it applies only to crimes that are related to a convicted person’s gang-related activities.


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