scholarly journals PERLINDUNGAN NEGARA TERHADAP HAK KEBEBASAN PRIBADI DALAM PERSPEKTIF HAK ASASI MANUSIA

2019 ◽  
Vol 3 (1) ◽  
pp. 41
Author(s):  
Ahmad Nikhrawi Hamdie
Keyword(s):  
Human Rights ◽  
Public Opinion ◽  
State Government ◽  
Human Dignity ◽  
Freedom Of Expression ◽  
Human Life ◽  
The State ◽  
Human Beings ◽  
Life On Earth

The concept of human rights is a long-standing thing in human life on earth. The study of human rights in the form of thought has existed since the time of the Greeks. In Indonesia Law No. 39 of 1999 on Human Rights states that human rights are a set of rights that are inherent in the nature and existence of human beings as creatures of God Almighty and is a gift that is obliged to be respected, upheld and protected by the State, government and every person for the honor and protection of human dignity and dignity. The freedom of personal belonging to it which represents independence presupposes public opinion without interference, obstacles, interference and pressure. In practice there are still rulers who do not provide a good room for the delivery of this right. Enforcement of the rules of freedom of expression is still a struggle so that the goal can be achieved.

Human Dignity as the Foundation for the Democratic Rule of Law

2018 ◽  
Author(s):  
Sonja C. Grover
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Human Dignity ◽  
Human Life ◽  
Academic Community ◽  
Court Case ◽  
Human Beings ◽  
Legal Personality ◽  
Democratic Rule ◽  
Judicial Reasoning

The notion of human dignity has in recent years come under attack from sectors of the interdisciplinary and legal academic community as vacuous and of little or no utility in judicial reasoning. This author holds instead that human dignity is the sine qua non of all human life and correlated with certain inviolable human rights that speak to human beings as other than property, as having legal personality and the right to be heard. The notion of human dignity then serves, it is argued here, as essential guidance in judicial reasoning on issues of individual and group fundamental human rights. Neglect in honouring the principle of respect for human dignity in judicial decision-making serves to erode the democratic rule of law and the interests of justice as will be illustrated through examination in particular of the U.S. Supreme Court case of J.C. Hernandez et al v. J. Mesa Jr.

scholarly journals The Phenomenon of Human Rights from the Perspective of Islam and the West

2020 ◽  
Vol 2 (3) ◽  
pp. 1-7
Author(s):  
Abdullah Haqyar
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
Western World ◽  
Human Beings ◽  
Political Movement ◽  
The West ◽  
Philosophical Foundations ◽  
The Right

The phenomenon of human rights, in its contemporary sense, is not even ancient in Western thought, and it came from the context of a social and political movement in France, and the most important of the fundamental rights that collected under this title is the right to life, the right to liberty, the right to equality, the right to asylum, the right to freedom of expression, the right to freedom of opinion and religion, women's rights, the right to participate in social and political life, and the right to personal property. It is an established principle that the first condition for the exercise of these rights is their incompatibility with the rights of other human beings and their human rights. The philosophical basis of human rights in the West consists of three important principles: the principle of human dignity, equality and justice. But the difference between human rights in the West and Islam is that "God" is at the center of the Islamic worldview, while in the Western world the "man" is the central one, and man is the measure of all rights. A clearer interpretation of the two types of "God-centered" or "human-centered" ideas in the West is the predominance of human-centeredness and in Islam the predominance of God-centeredness. The philosophical foundations of human rights in Islam are the principle of human dignity, the principle of God-seeking, the principle of human immortality, and the principle of its developmental relation to the set of being.

scholarly journals HAK ASASI MANUSIA: Perspektif Islam

2018 ◽  
Vol 2 (1) ◽  
pp. 24
Author(s):  
Zainul Mahmudi
Keyword(s):  
Human Rights ◽  
Human Life ◽  
The State ◽  
Human Existence ◽  
Human Beings ◽  
Basic Rights ◽  
Rights Issues

<p>Along with the advancement of human civilization, conversations concerning human rights issues will not subside in time, because the parameters of a civilized nation is if a civilization has been able to put people in proportion, can "humanize" humans. Human rights are of the utmost importance, because human beings can be real human beings if their basic rights are fulfilled and guaranteed after fulfilling their obligations. The denial of human rights implies the denial of human existence which Allah says is used as khalifah fil al ardh. In order to support the universality of Islam and the position of Islam as rahmatan Iil Alamin, the Koran regulates all aspects of human life in all its deeds, both the deeds of the heart and the physical deeds, whether in relation to the faith, ethics, and practical both governing relationships between individuals and individuals, with society, individuals with the state, individuals with the environment, and individuals with their God.</p><p> </p><p>Seiring dengan kemajuan peradaban manusia, perbincangan yang menyangkut permasalahan hak asasi manusia tidak akan surut tertelan zaman, karena parameter suatu bangsa yang beradab adalah apabila suatu peradaban telah dapat mendudukkan manusia secara proporsional, bisa "memanusiakan" manusia. Hak asasi manusia menjadi sangat penting, karena manusia bisa menjadi manusia yang sebenamya apabila hak asasinya telah terpenuhi dan terjamin setelah menunaikan kewajibannya. Pengingkaran terhadap hak asasi manusia berarti pengingkaran terhadap eksistensi manusia yang kata Allah dijadikan sebagai <em>khalifah fil al ardh.</em> Dalam rangka mendukung universalitas Islam dan posisi Islam sebagai rahmatan Iil Alamin, Quran mengatur semua aspek kehidupan manusia dalam segala perbuatannya, baik perbuatan hati maupun perbuatan fisik, baik yang berkenaan dengan itikad, etika, maupun praktis, baik yang mengatur hubungan antar individu dengan individu, dengan masyarakat, individu dengan negara, individu dengan lingkungan, maupun individu dengan Tuhannya.</p><p> </p><p> </p>

scholarly journals Legal Aspects of Environmental Safety in Ukraine and Their Provisions in European Integration Framework)

2020 ◽  
pp. 41-52
Author(s):  
Liliia Timofeieva
Keyword(s):  
Human Rights ◽  
European Integration ◽  
Human Life ◽  
Environmental Safety ◽  
Legal Aspects ◽  
Modern Human ◽  
The State ◽  
Human Beings ◽  
Environmental Care ◽  
Alternative Practices

The article deals with the issues of environmental safety and its provision in the context of European integration. It is emphasized that environmental problems do not know borders and are geopolitical in nature. Failure to comply with environmental safety conditions can have grave consequences, including those that are known to history. Specifically, sustainable development issues related to overcoming the consequences of the 1986 Chernobyl disaster. The issues of environmental safety, the relationship between the economy, business and the environment, as well as the issue of measures to influence environmental crimes and offenses from various angles have been addressed in the literature. However, the issue of environmental safety in the context of European integration, and in particular in the current conditions of emergency, needs further researching. It is emphasized that the problem is in particular the interaction of society, the state and human with the environment and ensuring security and harmony in such interaction in the context of European integration. The purpose of the work is to optimize the legislation in terms of measures to influence offenses against the environment. A person should take care not only of himself, but also of other people and the environment. It is justified that environmental care should not be guaranteed by the cost of living and human health. Business and financial benefits, power cannot be more important than human life and health, because such activities often lead to environmental pollution. In today’s context, it is important that human rights do not contradict the idea of social naturalism (O.M. Kostenko). Often, modern human rights violate environmental security. It has been found that it is important to strike a balance between human beings, society, the state and the environment in ensuring human rights. In addition, it is concluded that a combination of environmental, administrative, criminal and disciplinary responsibility, as well as the application of mediation and other alternative practices aimed at conflict resolve, is important in responding to environmental offenses.

scholarly journals HAK ASASI MANUSIA PERSPEKTIF AGAMA KRISTEN

2018 ◽  
Vol 5 (1) ◽  
pp. 113-125
Author(s):  
Jamiliya Susantin
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
The State ◽  
Social Rights ◽  
State Law ◽  
Human Beings ◽  
Democratic Rights

Human rights is a set of rights attached to the nature and existence of human beings as God's omnipresent beings and is a gift that must be respected, upheld and protected by the state law, government, and every other person for the honor and protection of human dignity and prestige. Human rights, especially Christians have been protected by the 1945 Constitution and have several rights that can guarantee the welfare of those rights: Freedom rights, democratic rights, and social rights that are also contained in the Constitution 1945 

scholarly journals Human dignity in the light of the Constitution, human rights and bioethics

2018 ◽  
Vol 28 (3) ◽  
pp. 283-289 ◽  
Author(s):  
Paulo André Stein Messetti ◽  
Dalmo De Abreu Dallari
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
The State ◽  
Fundamental Rights ◽  
Universal Declaration ◽  
Social Solidarity ◽  
Human Beings ◽  
The Social ◽  
The World ◽  
The Right

Introduction: Human dignity, as coined by the Universal Declaration of Human Rights (UDHR / 1948), is an expression social solidarity, which should cement the relations between people. Human dignity is the foundation of all rights, such as freedom, equality, justice and peace in the world, and in Brazil, human dignity was deemed a fundamental pillar of the country’s post-1988 constitutional order. Objective: This article seeks to a deeper investigation about the social nature of human dignity and its definition over time.     Methods: This is an exploratory research meant to unpack the concepts of "human dignity", "bioethics", "human rights" and "constitution". After describing the conceptual evolution of human dignity and the facts relevant to its conceptual formation in world history - as a normative standard and a legal rule -, we address the Universal Declaration of Human Rights (UDHR/1948), the Declaration of Helsinki (DH/1964), the Universal Declaration on Bioethics and Human Rights (UDBHR/2005), and the definition adopted in the Constitution of the Federative Republic of Brazil (CFRB/1988). The study was carried out without temporal limitation, and included a review of referenced books, legal doctrines, as well as articles and books in the SciELO database. Results and discussion: The findings ratify that human dignity is the foundation of all rights, including those of freedom, equality, justice and peace in the world, and must also guide the rights and duties of social regulation. Human dignity has changed from a criterion of power attributed to the social position of individuals to a value of the right to freedom, which now goes beyond the right of freedom and is the basis of modern constitutional democracy, which makes possible the realization of solidarity, as well as the duty and purpose of the state and the community. The will of the subject, of society, of the science and of the state, as well as the rules of domination and regulation, must have a limit on human dignity, and human dignity is not just fundamental right, in the sense of the Constitution, and must prevail over the exclusive will of science, the State and society. Therefore, in the making of power decisions and in realization of possible innovations of science involving human beings, human dignity demands the explicit consideration of respect and promotion of it. Conclusion: Human dignity is enshrined in Brazilian constitutional law, as well as in bioethics and in human rights, and it constitutes all the fundamental rights of the human person. It is not merely a rule of autonomy and liberty, and it is an obligatory and non-derogable precept in the making of power decisions, a true main foundation of constitutional democracies.  

The Underlying Principles of Freedom of Religion or Belief—Towards a Holistic Conceptualization

2016 ◽  
Author(s):  
Bielefeldt Heiner, Prof ◽  
Ghanea Nazila, Dr ◽  
Wiener Michael, Dr
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Freedom Of Expression ◽  
The State ◽  
Freedom Of Religion ◽  
Holistic Understanding ◽  
The Right

This chapter discusses the underlying principles of freedom of religion or belief. While having its specific features as well as specific areas of application, the right to freedom of religion or belief epitomizes the very same principles which define the human rights approach in general: respect for human dignity, normative universalism, freedom, and equality. Highlighting these principles, which freedom of religion or belief shares with other human rights, is important against the background of a growing perception (or rather: misperception) that freedom of religion or belief allegedly stands in an uneasy relationship to other human rights, in particular freedom of expression or claims of gender emancipation. This chapter presents systematic arguments which underline a holistic understanding of freedom of religion or belief as an indispensable part of human rights in general. In order for the State to fulfil its task as formal guarantor of everyone’s right to freedom of religion or belief without discrimination, an inclusive secular constitution may provide the most suitable conditions.

scholarly journals Implementation of Normative Intelligence Policy In Immigration View

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.

scholarly journals The State of Human Rights in Federally Administered Tribal Areas of Pakistan

2016 ◽  
Vol I (I) ◽  
pp. 85-100
Author(s):  
Ahmed Sohail ◽  
Ahmed Fasih ◽  
Zubair Muhammad
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
The State ◽  
Military Operations ◽  
Common People ◽  
The People ◽  
Level Of Satisfaction ◽  
The Common ◽  
Tribal Areas ◽  
Human Rights Violation

The respect of human rights in a society determines the destination of that society or state. It is the level of satisfaction of citizens of a country which convinces them to work for the growth and progress of that state or society. The people of FATA are living under a draconian law which is known as Frontier Crime Regulations (FCR). There is agrave human rights violation of the people of FATA under this law. Freedom of speech, freedom of expression etc. are hampered by the FCR and the common people live under a threat of collective punishment as well. Moreover, due to military operations against the militants in the area, millions of people from FATA have been displaced. At times, there are grave violations of human rights of the displaced persons as well. This paper will explore the state of human rights in FATA in general and evaluates its impact on the Federation of Pakistan. The paper evaluates different instances of human rights violation in various agencies of FATA and their root causes as well.

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

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