scholarly journals EBIJAKAN NEGARA TERHADAP HUBUNGAN KONTRAKTUAL SEBAGAI HAK ASASI MANUSIA DI INDONESIA

2013 ◽  
Vol 2 (3) ◽  
pp. 417
Author(s):  
Zulfirman Zulfirman
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Civil Rights ◽  
Secondary Data ◽  
Policy Formation ◽  
Political Rights ◽  
Philosophical Approach ◽  
Contractual Relationship ◽  
Civil And Political Rights ◽  
Contractual Obligations

Pasal 11 Kovenan Internasional Hak Sipil dan Hak Politik mewajibkan negara untuk menghormati, melindungi dan menegakkan hubungan kontraktual sebagai hak asasi manusia di Indonesia. Bagaimana kebijakan negara melindungi, menghormati dan menegakan hubungan kontraktual sebagai hak asasi manusia di Indonesia. Penelitian ini menggunakan data sekunder terdiri dari bahan hukum primer, bahan hukum sekunder dan bahan hukum tertier. Data diperoleh melalui studi kepustakaan. Penelitian melalui pendekatan filosifis yuridis normatif. Data dianalisis secara kualitatif dengan metode penafsiran untuk menemukan nilai dasar atas hubungan kontraktual sebagai hak sipil bagian dari hak asasi manusia di Indonesia yang dijadikan dasar dalam penegakan hukum. Hubungan kontraktual sebagai hak sipil sudah diatur dalam Kitab Undang Undang Hukum Perdata sebelum diratifikasinya kovenan Internasional hak sipil dan hak politik. Negara Indonesia tidak konsekuen melaksanakan kovenan internasional hak sipil dan hak politik dengan memberi sanksi pidana kepada pelaku yang tidak memenuhi kewajiban kontraktualnya. Perlu dilakukan reposisi peran dan fungsi negara untuk perlindungan hak sipil sebagai kebijakan politik dalam pembentukan hukum dan penegakan hukum di masa datang.<p>Article 11 of the International Covenant on Civil and Political Rights requires states to respect, protect and enforce contractual relations as human rights in Indonesia. How state policy to protect, respect and uphold the contractual relationship as human rights in Indonesia. This study uses secondary data consists of primary legal materials,secondary and tertiary legal materials. The data obtained through the study of literature. Research through juridical normative and philosophical approach. Data were analyzed qualitatively by using interpretative method to find the value of the basic civil rights of a contractual relationship as part of human rights in Indonesia were used as a basis for law enforcement. Contractual relationship as a civil rights set out in the draft of Civil Code before the ratification of the International Covenant on civil and political rights. Indonesian state does not consistently implement the international covenant of civil rights and political rights proved to sanction the perpetrators who did not fulfill its contractual obligations. Necessary to reposition the role and function of the state for the protection of civil rights as a political policy formation and law enforcement in the future.</p>

scholarly journals Hak Sipil dan Politik Kaum Marginal: Upaya dan Perjuangan Kelompok Transpuan di Kota Pangkalpinang

2021 ◽  
Vol 1 (1) ◽  
pp. 39-46
Author(s):  
Fabiancha Embun Balqis
Keyword(s):  
Civil Rights ◽  
Secondary Data ◽  
Primary Data ◽  
Political Rights ◽  
Research Subjects ◽  
Research Focus ◽  
Marginal Groups ◽  
Civil And Political Rights ◽  
The Government ◽  
Depth Interviews

The purpose of this study is to describe how the Civil and Political Rights of the Transpuan group in Pangkalpinang City fulfill the Civil and Political Rights and to describe the efforts made by the group in fighting for civil and political rights as citizens. The primary data sources used were observations and in-depth interviews with Transpuan in Pangkalpinang City regarding the class struggle of the Transpuan group in Pangkalpinang City as marginal groups. At the same time, the secondary data are books, journals, theses from previous research, and internet sources relevant and related to the research focus. The research subjects who will be informants are Transpuan in Pangkalpinang City, Transpuan from Pangkalpinang City and its surroundings, and Transpuan from outside the Bangka Belitung Islands Province. The results of this study state that the fulfillment of the civil rights of Transpuan in Pangkalpinang City by the government has not been fully implemented.

scholarly journals PENEGAKAN HUKUM DAN HAK ASASI MANUSIA DENGAN PARADIGMA PANCASILA TERHADAP TINDAKAN PENOLAKAN PEMAKAMAN JENAZAH KORBAN COVID – 19

2020 ◽  
Vol 4 (2) ◽  
pp. 40-52
Author(s):  
Marthin Fransisco Manihuruk
Keyword(s):  
Infectious Disease ◽  
Human Rights ◽  
Law Enforcement ◽  
Disease Outbreak ◽  
The Body ◽  
Political Rights ◽  
Infectious Disease Outbreak ◽  
Criminal Sanctions ◽  
Civil And Political Rights ◽  
The Law

This study discusses the influence of law enforcement with the paradigm of Pancasila in addressing the action of the funeral of the dead bodies exposed to Covid-19. Rejection of the funeral of the body of the victim Covid-19 is contrary to the perspective of the law and also Pancasila. Law No. 4 of 1984 on the infectious disease outbreak clearly said that the act of disrupting the plague prevention efforts was contrary to the law and imposed criminal sanctions. While from the perspective of Pancasila, it can be seen that the funeral rejection Act Covid – 19, including into acts contrary to the values of Pancasila. Apart from being an ideology of state, Pancasila is also the source of any source of law of the country as listed in article 2 of the Law number 12 year 2011 concerning the establishment of legislation. The disapproval of the funeral of the Covid-19 bodies is contrary to the law and human rights as contained in Indonesia's legislation as in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights. The influence of law enforcement is certainly a very important factor in the enforcement and strengthening of values that correspond to the paradigm of PancasilaBAHASA INDONESIA ABSTRACT: Penelitian ini membahas tentang Pengaruh Penegakan Hukum dengan Paradigma Pancasila dalam menyikapi tindak penolakan Pemakaman Jenazah yang terpapar Covid -19. Tindakan penolakan Pemakaman jenazah dari korban Covid - 19 merupakan hal yang bertentangan dari perspektif hukum dan juga Pancasila. Undang-undang Nomor 4 tahun 1984 tentang Wabah Penyakit Menular jelas mengatakan bahwa tindakan yang mengganggu upaya penanggulangan wabah adalah bertentangan dengan hukum dan dikenakan sanksi Pidana. Sedangkan dari perspektif  Pancasila dapat dilihat bahwa Tindakan Penolakan Pemakaman Jenazah Covid – 19, termasuk ke dalam perbuatan yang bertentangan dengan nilai-nilai Pancasila. Selain sebagai Ideologi negara, Pancasila juga merupakan sumber dari segala sumber Hukum negara seperti yang tercantum di dalam pasal 2 Undang-undang Nomor 12 Tahun 2011 tentang Pembentukan Peraturan Perundang-undangan. Tindakan penolakan pemakaman jenazah Covid -19 merupakan perbuatan yang bertentangan dengan Hukum dan Hak Asasi manusia sebagaimana yang terdapat di dalam Peraturan Perundang-undangan di Indonesia seperti di dalam Deklarasi Universal Hak Asasi Manusia, Kovenan Internasional Hak-hak Sipil dan Politik. Pengaruh penegakan Hukum tentunya menjadi faktor yang sangat penting dalam penegakan dan penguatan kembali nilai-nilai yang sesuai dengan paradigma Pancasila.

scholarly journals Accountability of Law Enforcement Personnel for Human Rights Violations in Cameroon: Trends and Challenges

2021 ◽  
Vol 24 ◽  
pp. 1-33
Author(s):  
Avitus Agbor
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Public Perception ◽  
Legal Framework ◽  
Human Rights Violations ◽  
Political Rights ◽  
Human Rights Abuses ◽  
The Public ◽  
Law Enforcement Personnel ◽  
Civil And Political Rights

Law enforcement personnel are critically important in both the security and criminal justice sectors. Unlike ordinary citizens, they possess the broad powers needed to perform the tasks in these sectors: for example, they possess the power to arrest and detain; to search premises and seize items; to interrogate individuals; to stop assemblies; to check and even to restrict the movements of people during certain times; and to use force and firearms in specific circumstances. In exercising such powers, they are required to act independently and judiciously. Also, they must stay within the remit of the law. Such powers, however, render them prone to committing human rights abuses since by their very nature, they interfere with the civil and political rights of individuals. In instances of violations they are expected to be held accountable. Accountability for law enforcement for human rights violations evokes and entails the notions of lawfulness and legitimacy. As legitimacy touches on the public perception of law enforcement personnel, it becomes vital to explore what mechanisms are put in place to ensure accountability as well as possible challenges that hamper it. Examining the notion of the accountability of law enforcement personnel in the context of Cameroon, this paper argues that selective accountability has been the trend which puts the country at quite a distance from its international human rights obligations. Informed by empirical evidence from credible governmental bodies, the paper identifies and assesses the legal framework on accountability, touching on a few instances of selective accountability, and argues that if lawfulness and legitimacy are to be the cornerstones of accountability, then a comprehensive approach must be considered, including the de-politicisation of law enforcement units in Cameroon.

Human Rights

Criminology ◽  
2009 ◽  
Author(s):  
Jay S. Albanese
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Civil Rights ◽  
The United States ◽  
Social Philosophy ◽  
Political Rights ◽  
Human Beings ◽  
Civil And Political Rights ◽  
The Right ◽  
Criminology And Criminal Justice

The concept of human rights is an old idea, but its application to criminology and criminal justice is fairly new. Human rights are those rights seen as being fundamental freedoms to which all human beings are entitled. In the United States, they are referred to as civil rights, most of which are enumerated in the U.S. Constitution’s Bill of Rights and which include freedom of speech, assembly, privacy, equality before law, and other civil and political rights. Other countries have similar lists of rights guaranteed to all citizens. The notion of human rights goes beyond civil and political rights, however, and also commonly includes the right to opportunities for work, education, and fair treatment in all aspects of life. Writings on human rights cover centuries, consisting of many works of political and social philosophy that provide the basis for natural and individual rights in the face of the greater power of governments. Many of these classic works are summarized in other reference works, such as The Encyclopedia of Human Rights and The Oxford Handbook of Political Theory, both cited in this entry. This guide to sources focuses on contributions to human rights literature and their connections to criminology and criminal justice.

Influence of the ICCPR in Asia

2018 ◽  
Author(s):  
Yogesh Tyagi
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
International Human Rights ◽  
Factors Affecting ◽  
Judicial Discourse ◽  
International Human ◽  
Golden Jubilee ◽  
Civil And Political Rights ◽  
The Impact

The golden jubilee of the International Covenant on Civil and Political Rights (ICCPR) coincides with the emergence of Asia as a centre of global attention. However, greater attention to Asia has been accompanied by some scepticism over its attitude towards human rights. The chapter provides an overall assessment of the impact of the ICCPR on the major Asian States, with an analysis of the factors affecting such influence. The chapter considers the involvement in, observance of, and compliance with the provisions of the ICCPR by these States. It further delves into the academic and judicial discourse on the ICCPR within these States, recording the domestic disposition towards judgments of foreign courts, the output of the Human Rights Committee, and the work of other international human rights bodies. It makes suggestions for developing mechanisms to improve the effectiveness of the ICCPR and for creating databases to perform further research in the area.

The Economic and Political Determinants of Human (Including Health) Rights

1978 ◽  
Vol 8 (1) ◽  
pp. 145-168 ◽  
Author(s):  
Vicente Navarro
Keyword(s):  
Human Rights ◽  
Power Relations ◽  
Political Power ◽  
Political Rights ◽  
Individual Property ◽  
Socioeconomic Rights ◽  
Civil And Political Rights ◽  
Fair Wages ◽  
The Right ◽  
The U.S

This paper presents an analysis and critique of the U.S. government's current emphasis on human rights; and (a) its limited focus on only some civil and political components of the original U.N. Declaration of Human Rights, and (b) its disregard for economic and social rights such as the rights to work, fair wages, health, education, and social security. The paper discusses the reasons for that limited focus and argues that, contrary to what is widely presented in the media and academe: (1) civil and political rights are highly restricted in the U.S.; (2) those rights are further restricted in the U.S. when analyzed in their social and economic dimensions; (3) civil and political rights are not independent of but rather intrinsically related to and dependent on the existence of socioeconomic rights; (4) the definition of the nature and extension of human rights in their civil, political, social, and economic dimensions is not universal, but rather depends on the pattern of economic and political power relations particular to each society; and (5) the pattern of power relations in the U.S. society and the western system of power, based on the right to individual property and its concomitant class structure and relations, is incompatible with the full realization of human rights in their economic, social, political, and civil dimensions. This paper further indicates that U.S. financial and corporate capital, through its overwhelming influence over the organs of political power in the U.S. and over international bodies and agencies, is primarily responsible for the denial of the human rights of the U.S. population and many populations throughout the world as well.

ACCIDENT AND DESIGN: RECOGNISING VICTIMS OF AGGRESSION IN INTERNATIONAL LAW

2021 ◽  
Vol 70 (1) ◽  
pp. 103-132
Author(s):  
Shane Darcy
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Future Application ◽  
Political Rights ◽  
Recent Developments ◽  
Civil And Political Rights

AbstractInternational law has not traditionally recognised individuals as victims of the crime of aggression. Recent developments may precipitate a departure from this approach. The activation of the jurisdiction of the International Criminal Court over the crime of aggression opens the way for the future application of the Court's regime of victim participation and reparation in the context of prosecutions for this crime. The determination by the United Nations Human Rights Committee in General Comment No. 36 that any deprivation of life resulting from an act of aggression violates Article 6 of the International Covenant on Civil and Political Rights serves to recognise a previously overlooked class of victims. This article explores these recent developments, by discussing their background, meaning and implications for international law and the rights of victims.

The Right to Enter One’s Own Country: The Conflict between the Jurisprudence of the Human Rights Committee and the Travaux Préparatoires of Article 12(4) of the iccpr

2021 ◽  
Vol 10 (1) ◽  
pp. 75-123
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Political Rights ◽  
Civil And Political Rights ◽  
The Right

Abstract Article 12(4) of the International Covenant on Civil and Political Rights (iccpr) provides that ‘[n]o one shall be arbitrarily deprived of the right to enter his own country.’ The jurisprudence of the Human Rights Committee shows that Committee members have often disagreed on the question of whether the right under Article 12(4) is reserved for citizens only or it can be claimed by non-citizens who consider the countries in which they were born or they have lived for longer periods as their own. In its earlier case law, the Committee held that Article 12(4) is applicable to nationals only. Since 1999, when General Comment No.27 was adopted, the Committee has moved towards extending the right under Article 12(4) to non-nationals. Its latest case law appears to have supported the Committee’s position that Article 12(4) is applicable to non-nationals. Central to both majority and minority decisions in which the Committee has dealt with Article 12(4), is whether the travaux préparatoires of Article 12(4) support either view. This article relies on the travaux préparatoires of Article 12(4) to argue that it does not support the view that Article 12(4) is applicable to non-nationals.

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