scholarly journals GOOD GOVERNANCE PERSPEKTIF MAQAASID ASY-SYAARI’AH KONTEMPORER

2018 ◽  
Vol 23 (1) ◽  
pp. 57
Author(s):  
Muhammad Iqbal Juliansyahzen
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Civil Society ◽  
Good Governance ◽  
Business Sector ◽  
Good Communication ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Pros And Cons ◽  
The Government

AbstractGood governance is a concept for governance that should be run. Theoretically, the discourse of good governance reaps its pros and cons since it had been firstly introduced. However, as a concept and a strategic offer it deserves to be appreciated and re-examined. There are principles in good governance that are compatible with Islam such as accountability, transparency, deliberation, and others. Good governance will be achieved when it involves a good communication among the government, civil society, and the business sector. The author uses the perspective of contemporary maqaasid asy-shari'ah to view the discourse with more emphasis on development and right. The perspective is different from the old maqasid which emphasizes more on the protection and preservation. The result of the study shows that good governace needs  harmonious relationship among the followers of religion, social justice, organized and equitable education, human rights protection, and the development of civilized law.Keywords : Good Governance, Maqâsid asy-Syaari’ah, DevelopmentAbstrakGood governance merupakan sebuah konsep tata kelola pemerintahan yang seharusnya dijalankan. Secara teoritis, diskursus good governace menuai pro-kontra sejak awal kemunculannya. Meskipun demikian, sebagai sebuah konsep dan tawaran strategis patut untuk diapresiasi dan dikaji kembali. Terdapat prinsip-prinsip dalam good governance yang berkesesuaian dengan Islam diantaranya akuntabilitas, transparansi, musyawarah, dan lainnya. Upaya mewujudkannya tidak hanya dilakukan oleh satu pihak saja, tetapi komunikasi antara pemerintah (goverment), masyarakat sipil, dan sektor dunia usaha. Dalam melihat diskursus ini, penulis menggunakan perspektif maqaasid asy-Syaari’ah kontemporer dengan lebih menekankan pada development (pembangunan; pengembangan) dan right (hak-hak). Berbeda dengan maqasid lama lebih pada protection (perlindungan) dan preservation (penjagaan; pelestarian). Berdasarkan hasil kajian tersebut bahwa dalam mewujudkan good governace diperlukan pembangunan dalam berbagai aspek seperti membangun hubungan harmonis antar pemeluk agama, mewujudkan keadilan sosial, penyelenggaran dan pemerataan pendidikan, perlindungan terhadap hak asasi manusia, pembangunan hukum berkeadaban.. Kata kunci: Good Governance, Maqaasid asy-Syaari’ah, dan Pembangunan

Context

2016 ◽  
Author(s):  
Necati Polat
Keyword(s):  
Human Rights ◽  
Regime Change ◽  
Protection System ◽  
Old Regime ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Government ◽  
Full Swing ◽  
Desperate Attempt

The overall domestic context following the full defeat of the old regime in Turkey, and the main contours of the Islamist (‘Islamo-nationalist’, Millî Görüş) populism now in full swing, are described in this chapter. The discussion looks into the mood in the pro-government circles, with some emphasis on the Islamist speculations on democracy—terrifying to the secular masses—and the effective rule by policy, rather than law, enabled by the growing cult of Erdogan. This chapter also describes the spectacular fall out between the government and the former allies, who strongly shared in the power through the new bureaucracy, the Gulen cult. One centrifugal factor detected in portraying the setting is the formal commitment to the human rights protection system in Europe, which, paradoxically, acquired greater intensity during the regime change in a desperate attempt on the part of the government to by-pass the former centres of power.

scholarly journals State Capture through Corruption: Can Human Rights Help?

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 331-335
Author(s):  
Jimena Reyes
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
United Nations ◽  
Human Rights Violations ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Regional Systems ◽  
State Capture ◽  
The United Nations ◽  
Negative Impacts

Until recently, the United Nations and regional systems of human rights protection had shown considerable reluctance to address human rights violations resulting from corruption. Instead, these actors would underline the negative impacts of corruption on human rights without identifying corruption itself as a violation of human rights. Since 2017, however, this has begun to shift. The UN, regional human rights institutions, and civil society have begun to devise concrete ways for human rights institutions and instruments to better contribute to the fight against corruption. The Inter-American Court of Human Rights (“the Court”), in particular, has taken preliminary steps to establish a legal link between corruption and human rights violations.

Complexities in Human Rights Protection: Actors and Rights Involved in the Ogoni Conflict in Nigeria

1997 ◽  
Vol 15 (1) ◽  
pp. 47-60 ◽  
Author(s):  
Sigrun I. Skogly
Keyword(s):  
Human Rights ◽  
International Business ◽  
Environmental Issues ◽  
Transnational Corporations ◽  
The Other ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Environmental Ngos ◽  
The Government

The execution of Ken Saro-Wiwa and the other environmental and human rights activists in Nigeria in November 1995, represented flagrant violations of human rights. What was exceptional about this case was that the uprising, which ultimately lead to the executions, was not primarily aimed at the Government, but rather at one of the large transnational corporations, Shell Oil. The article analyses the composition of the actors and the various human rights involved in this conflict. It argues that the complexity of the conflict is shown through the wide variety of environmental NGOs, human rights NGOs, international business and organisations that were implicated in it. The article points to the interrelatedness of various human rights - and the interlinkedness to environmental issues, claiming that environmental organisations were forced’ to use rights language, while human rights organisations needed to address environmental issues. And ultimately, the business actor has publicly stated intent to observe a human rights accountability.

scholarly journals In a Poor State: The Long Road to Human Rights Protection on the Basis of Social Condition

1969 ◽  
pp. 513 ◽  
Author(s):  
Lynn A. Iding
Keyword(s):  
Human Rights ◽  
Financial Burden ◽  
Social Condition ◽  
Poor People ◽  
Economic Rights ◽  
Human Rights Protection ◽  
Goods And Services ◽  
Rights Protection ◽  
The Government ◽  
The Public Sphere

This article examines how poverty in Canada might be alleviated with different forms of human rights protection that include protection from discrimination on the basis of social condition. Social condition discrimination could include denial of goods and services based on stereotypes of poverty, or could include disadvantage resulting from actual inability to pay. If based only on stereotypes, the author argues, social condition would be differentiated from other grounds of discrimination. Poor people need to be protected from the prejudice of others as well as the effects of being poor, and this may be accomplished by incorporating full social condition protection in both human rights legislation and the Canadian Charter of Rights and Freedoms. Canada has international obligations concerning poverty, and those obligations are sometimes recognized by the courts in their decisions. However, economic rights have been consistently rejected as having Charter protection, perhaps out of fear that courts would be commanding the government to create or alter social programs. The author concludes that the Charter might still be the most effective place for economic rights, placing the initial onus more on the public sphere, which would at the same time consequently distribute some of the financial burden in the private sphere.

scholarly journals Perlindungan Hak Asasi Manusia terhadap Narapidana Narkotika Sebagai Warga Binaan Pemasyarakat Menurut Undang-Undang Nomor 12 Tahun 1995 Tentang Pemasyarakatan

Wajah Hukum ◽  
2019 ◽  
Vol 3 (2) ◽  
pp. 192
Author(s):  
Sigit Somadiyono ◽  
Nella Octaviany Siregar
Keyword(s):  
Human Rights ◽  
Daily Life ◽  
Correctional Officers ◽  
The State ◽  
Human Rights Violations ◽  
Daily Lives ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
The Government

This research specifically discusses the human rights of prisoners as prisoners in prison, which in their daily lives must be respected, upheld and protected by the state, the law (in this case the Penitentiary Act to be in line with the Human Rights Act), the government through the apparatus is correctional officers and fellow inmates. Prisoners in their daily life can make mistakes and lives that are in contact with human rights violations. The object of this research is the human rights of inmates as prisoners in prison (WBP). The formulation of the problems in this study are (1) How are the human rights protection arrangements for prisoners in prison according to Law Number 12 of 1995; and (2) How is the implementation of human rights protection for narcotics prisoners in prison in East Tanjung Jabung Regency. This study uses Law Number 12 of 1995 Concerning Corrections and other derivative regulations. The results showed that there were differences in the implementation of human rights protection for prisoners with Law Number 12 of 1995 Concerning Corrections. 

scholarly journals Human Rights For Women Or The Human Rights Of Women?: Pakistan, CEDAW And The Gatekeepers

2015 ◽  
Vol 10 (1) ◽  
pp. 19-37
Author(s):  
Anoosh Khan
Keyword(s):  
Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Key Issues ◽  
The Government

This paper demonstrates why it is important to have a separate international covenant for the human rights protection of women or CEDAW. The paper begins by discussing the birth of human rights and its evolution to human rights of women in particular. Using Pakistan as an example, the paper discusses Pakistan’s CEDAW country reports to date. The key issues presented by the Government of Pakistan in it’s state CEDAW reports are highlighted. Then, applying the ‘gatekeeper theory’ some of the findings of the respective shadow reports are highlighted. Finally, there are suggestions for a plan of action that should be adopted by the Government of Pakistan to ensure human rights in general and the human rights of women in particular.

scholarly journals Application of the Principle of Good Governance in the Activities of the European Court of Human Rights

2021 ◽  
Vol 7 (2) ◽  
pp. 64-69
Author(s):  
Serhiy MELENKO ◽  
◽  
Dan PARANYUK ◽  
Keyword(s):  
Human Rights ◽  
Complex Analysis ◽  
Good Governance ◽  
European Convention ◽  
Practical Application ◽  
Council Of Europe ◽  
Vast Number ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court

Based on the methodology of performing axiological and logical-gnoseological analysis of juridically significant factors, the article under discussion presents a partial investigation of the practical application of one of the most fundamental principles of state functioning in the field of human rights protection. The object of investigation in the paper is the way the European Court of Human Rights (ECHR) perceives, understands and interprets the principle of Good Governance in the course of implementing it in Court’s activities. The precedents, formulated and adopted by the ECHR frequently acquire the status of legal sources for the member states of the Council of Europe. Therefore, the judiciary bodies of these countries have to rely in their practice on the conclusions, the ECHR came to in the course of considering certain cases. Qualitively equal understanding and application of the above decisions is a cornerstone in forming a common European legal space, as well as plays a leading role in the field of human rights protection, guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (hereinafter - the Convention) (Council of Europe, 1950). The principle of Good Governance is a complex notion. It directly or indirectly regards the rights and interests of both individuals (ensuring them certain rights and freedoms in a vast number of articles of the Convention) and social groups. This requires a complex analysis of the principle in both theoretical and practical aspects of its definition and application. Relying on the methodology of profound analysis of the axiological component of a certain legal phenomenon, like the content of some decisions of the Strasbourg Court, the authors of the article attempt to practically trace the implementation of the principle of Good Governance in the course of administering justice in Ukraine, as a member state of the Council of Europe. Therefore, the article under studies deals with the specifics of practical application of the principle of Good Governance in the ECHR activities, as well as with using precedent experience in the system of administrative judiciary of Ukraine.

scholarly journals Kemitraan Dalam Pelayanan Publik : Sebuah Penjelajahan Teoritik

2011 ◽  
Vol 1 (2) ◽  
Author(s):  
Fatmawati Fatmawati
Keyword(s):  
Decision Making ◽  
Civil Society ◽  
Private Sector ◽  
Public Services ◽  
Good Governance ◽  
Public Institutions ◽  
Central Issue ◽  
Good Communication ◽  
Government Bureaucracy ◽  
The Government

Public services in recent years become a central issue has forced all parties, both state and public institutions to perform again in its implementation regulations. Although the provision of public services is an obligation that must be done by the government as the organizer of the state. However, the obligation to provide such services are still not able to give satisfaction to the user community. To realize good governance requires the synergistic partnership between agencies both within and outside the government bureaucracy. The agencies include the private sector and civil society. Partnerships must be built in an environment that is transparent, which is built with good communication, especially in any decision-making. This meant that the policies are formulated to meet the expectations of society. Thus, the partnership between government, communities and businesses are expected to promote the establishment of governance, development and public services more democratic and more professional.Pelayanan publik dalam beberapa tahun terakhir menjadi isu sentral telah memaksa semua pihak, baik negara dan lembaga publik untuk tampil lagi dalam peraturan pelaksanaannya. Meskipun pelayanan publik adalah kewajiban yang harus dilakukan oleh pemerintah sebagai penyelenggara negara. Namun, kewajiban untuk menyediakan layanan tersebut masih belum mampu memberikan kepuasan kepada masyarakat pengguna. Untuk mewujudkan tata pemerintahan yang baik membutuhkan kemitraan sinergis antara lembaga baik di dalam dan di luar birokrasi pemerintah. Badan-badan termasuk sektor swasta dan masyarakat sipil. Kemitraan harus dibangun dalam lingkungan yang transparan, yang dibangun dengan komunikasi yang baik, terutama dalam pengambilan keputusan. Ini berarti bahwa kebijakan yang diformulasikan untuk memenuhi harapan masyarakat. Dengan demikian, kemitraan antara pemerintah, masyarakat dan bisnis diharapkan untuk mendorong terwujudnya pelayanan pemerintahan, pembangunan dan publik yang lebih demokratis dan lebih profesional.

Counter-Terrorism Measures and Human Rights Protection in Kenya

2021 ◽  
Vol 5 (4) ◽  
pp. 78-89
Author(s):  
Stephen Kimathi Mutungi ◽  
Francis Mulu
Keyword(s):  
Human Rights ◽  
Public Awareness ◽  
Sampling Technique ◽  
National Commission ◽  
Public Confidence ◽  
Exploratory Research ◽  
Human Rights Protection ◽  
Counter Terrorism ◽  
Rights Protection ◽  
The Government

Many counter-terrorism measures enacted by states have been criticized for violating human rights. This study sought to assess the Kenya’s counter-terrorism framework to ascertain whether the established counter-terrorism measures violate or adhere to the protection of human rights. The study adopted an exploratory research design to assess the counter-terrorism measures and alleged human rights violation in Kenya. The target population was the national security organs, counter-terrorism agencies, civil societies championing human rights protection, security enforcers and watchdog bodies. The sample of 200 respondents and informants was drawn from the National Assembly, Ministry of Interior and Coordination of National Government, the Kenya National Commission on Human Rights, the International Federation for Human Rights, UN Counter-Terrorism Centre and Amnesty International Kenya. A stratified and purposive sampling technique was employed in selecting the respondents and informants during the study. The findings of the study established various stick and carrot counter-terrorism strategies used by organizations, government and security apparatus in Kenya. These strategies are faced by a number of challenges. A number of these measures violate human rights. There are however, some counter terrorism strategies that uphold human rights. The counter-terrorism strategies that the government can adopt in respect of human rights to include youth empowerment and employment, enhance surveillance and intelligence gathering, stop renditions and use of force, proper investigations, uphold human rights and rule of law and public education, awareness and participation. The study recommends government to adopt counter-terrorism promote human rights protection. Further, the study recommends that the governments need to create public awareness and participation in counter-terrorism strategies and measures to build public confidence on its efforts to fight terrorism.  

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