scholarly journals LEGALISASI PENCABUTAN HAK POLITIK TERPIDANA TINDAK PIDANA KORUPSI UNTUK SELAMANYA

to-ra ◽  
2017 ◽  
Vol 3 (2) ◽  
pp. 603
Author(s):  
Tomson Situmeang
Keyword(s):  
Natural Resources ◽  
Political Process ◽  
Criminal Code ◽  
The Political ◽  
Political Rights ◽  
Human Rights Law ◽  
Political Office ◽  
Main Factors ◽  
The Law ◽  
Corrupt Behavior

Abstract   The country will progress if it successfully carries out the development of 2 (two) main factors, namely: “natural resources” and “human resources”. Indonesia, with its abundant natural resources, is not even among the 10 (ten) highest income countries in Asia. This is due to the corrupt behavior of officials (state) in Indonesia by abusing the position or position obtained, one of them through the political process. Such people are no longer fit to return to political office, so their political rights must be revoked. Revocation of political rights is indeed accepted and recognized in Indonesian law, namely in the provisions of Article 28J of the 1945 Constitution and Article 73 of the Human Rights Law which mandates limitations to the provisions of the law. In addition, there are provisions in Article 10 of the Criminal Code jo. Article 35 of the Criminal Code jo. Article 38 of the Criminal Code jo. Article 18 Corruption Law can be carried out by a judge’s decision. Therefore, revocation of the political rights of convicts of criminal acts of corruption can be done forever, provided that they are stipulated in the provisions of the law by including corruption in the category of disgraceful acts.   Keywords: pencabutan hak politik, tindak pidana korupsi, perbuatan tercela

Remarks by Bert Lockwood

1973 ◽  
Vol 67 (5) ◽  
pp. 82-86
Author(s):  
Bert Lockwood ◽  
Beatrice Brickell
Keyword(s):  
United States ◽  
Human Rights ◽  
Political Process ◽  
The United States ◽  
International Justice ◽  
The Political ◽  
Political Rights ◽  
Southern Rhodesia

I would like to address myself to international outlaws and what domestic procedures are available to arrest their activities. While at first glance the nexus between domestic justice and international justice may seem tenuous, I wonder: Is it surprising that the same administration that is so insensate over the deprivation of the human rights of blacks in Southern Rhodesia is the same administration that proclaimed early in its tenure that if you have seen one slum you have pretty much seen them all, and hasn’t visited another since? Is it surprising that the same administration that evidences so little concern over the political rights of the majority in Rhodesia is the same administration that “bugs” and sabotages the political process within the United States?

Political and Social Implications

2020 ◽  
pp. 247-255
Author(s):  
Mona Lena Krook
Keyword(s):  
Human Rights ◽  
Violence Against Women ◽  
Political Institutions ◽  
Political Process ◽  
Social Consequences ◽  
Political Life ◽  
The Political ◽  
Women In Politics ◽  
Political Rights ◽  
Multiple Dimensions

Chapter 19 considers the political and social consequences of violence against women in politics. The implications of these acts reach far beyond their effects on individual victims, harming political institutions as well as society at large. First, attempting to exclude women as women from participating in political life undermines democracy, negating political rights and disturbing the political process. Second, tolerating mistreatment due to a person’s ascriptive characteristics infringes on their human rights, damaging their personal integrity as well as the perceived social value of their group. Third, normalizing women’s exclusion from political participation relegates women to second class citizenship, threatening principles of gender equality. The chapter concludes that naming the problem of violence against women in politics thus has important repercussions along multiple dimensions, making the defense of women’s rights integral to the protection of political and human rights for all.

scholarly journals PERLINDUNGAN HUKUM ATAS HAK POLITIK PEREMPUAN OLEH NEGARA

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Yosefina Daku
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
The Political ◽  
Political Rights ◽  
Political Field ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Law

As the law states, Indonesia  provide the protection of the rights for of all people without the discrimination. By the basis of the mandate of the Preamble to the Constitution of 1945 that "a just and civilized humanity," the Indonesian state guarantees of a society that is fair. Political rights granted by the country with regard to discrimination is legal protection by the state against women's political rights. By participating in the convention and recognized in the form of Law Number 7 Year of 1984 on Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women, an attempt by the state to remove the problems in realizing the equality of women and men. Therefore  the  problem  that  can  formulated are: 1) how the legal protection of women's political rights in Indonesia? 2) how the implementation of Law Number 7 Year of 1984 on Ratification of the Convention on the Eliminationof All Forms of Discrimination Against Women Related Political Rights of Women?. The purpose of this study was to examine the legal protection by the state against the ful fillment of women's political rights in Indonesia and the implementation of protection of women's political rights pursuant of Law Number7 Year of 1984. This research is a normative law. The technique used in this research is to use the concept approach and statutory approach to reviewing the legislations and legal literatures. Rights protection as a form of justice for each person more specifically regulated in Law about Human Rights. Protection of the rights granted to women by the state including the protection of the political field regulated in some provisions of other legislation. By removing discrimination against women in it’s implementation still look at the culture and customs which is certainly not easy to do and the state is obliged to realize the objectives of the convention

Pivotality and Turnout: Evidence from a Field Experiment in the Aftermath of a Tied Election

2014 ◽  
Vol 2 (2) ◽  
pp. 309-319 ◽  
Author(s):  
Ryan D. Enos ◽  
Anthony Fowler
Keyword(s):  
Field Experiment ◽  
Large Scale ◽  
Electoral Competition ◽  
Political Process ◽  
The Political ◽  
Scale Field ◽  
Large Scale Field ◽  
Political Office ◽  
Small Set ◽  
Rare Opportunity

Many citizens abstain from the political process, and the reasons for this abstention are of great interest and importance. Most scholars and pundits assume that greater electoral competition and the increased chance of pivotality will motivate citizens to participate. We test this hypothesis through a large-scale field experiment that exploits the rare opportunity of a tied election for major political office. Informing citizens that an upcoming election will be close has little mobilizing effect. Any effect that we do detect is concentrated among a small set of frequent voters. The evidence suggests that increased pivotality is not a solution to low turnout and the predominant models of turnout focusing on pivotality are of little practical use.

scholarly journals Leniency programmesfor cartel: mature reforms

2018 ◽  
pp. 24-33
Author(s):  
K. N. Aleshin ◽  
S. V. Maksimov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Administrative Law ◽  
The Russian Federation ◽  
Main Factors ◽  
The Law ◽  
Definition Of ◽  
The Right

The problems of interpretation of criminal law and administrative law institutes of active repentance (“leniency programmes”) in relation to cartels are considered.The definition of the effectiveness of the institution of active repentance is given as the ability of this institution to achieve the goals stipulated by law (in the aggregate or in a particular combination): 1) termination of the committed offense (crime) (“surrender”),2) assistance in investigating the relevant administrative offense (crime), 3) compensation for the harm caused by his offense (crime), 4) refusal to commit such offenses (crimes) in the future.The condition of the quadunity of these goals is investigated. It is noted that among the main factors reducing the effectiveness of administrative law and criminal law institutions of active repentance (“leniency programmes”) in relation to a cartel is the legal inconsistency of these institutions.Proposals are being made to amend par. 3 of the Notes to Art. 178 of the Criminal Code of the Russian Federation and Note 1 to Art. 14.32 of the Code of the Russian Federation Code of Administrative Offenses iin order to bring together the relevant institutions of active repentance.The necessity of legislative consolidation of general procedural rules for the implementation of the person who participated in the conclusion of the cartel, the law granted him the right to active repentance is substantiated.

scholarly journals Perkembangan Politik Hukum Peradilan Adat

2018 ◽  
Vol 30 (3) ◽  
pp. 488
Author(s):  
Herlambang Perdana Wiratraman
Keyword(s):  
Natural Resources ◽  
Community Participation ◽  
Political System ◽  
Political Process ◽  
Empty Space ◽  
The Political ◽  
Local Democracy ◽  
Political Economic ◽  
Broad Community

AbstractThe politics of decentralization after Suharto provided more space in the discourse of adat justice in Indonesia. The problem is that the legal political process does not stand in empty space. Adat justice issues in the political system that regulates political-economic authority, which is supported by the character of the persistence of a network of oligarchs, massive destruction of destructive natural resources, and corrupt and feudalistic bureaucracies. This article encourages local democracy that fosters broad community participation, including encouraging the work of adat justice, has paralyzed the empowerment of the judiciary itself, so that the legal politics of adat justice openly triggers a symbol of certain feudalism protection.IntisariKonteks politik desentralisasi pasca Suharto memberi ruang lebih dalam diskursus peradilan adat di Indonesia. Masalahnya, proses politik hukum itu tak berdiri di ruang kosong. Peradilan adat berinteraksi dalam sistem politik yang menampilkan kuasa ekonomi-politik, yang dipenuhi dengan karakter bertahannya jaringan oligarki, eksploitasi sumberdaya alam yang masif nan merusak, serta birokrasi yang korup dan feodalistik. Artikel ini memperlihatkan demokratisasi lokal yang menumbuhkan partisipasi masyarakat secara luas, termasuk mendorong bekerjanya mekanisme peradilan adat, telah melumpuhkan keberdayaan peradilan itu sendiri, sehingga politik hukum peradilan adat, secara bertahap melahirkan simbolisasi kuasa feodalisme tertentu.

scholarly journals Municipalities and democracy in Chile: Are they complying with the 20,500 Law On Citizen Participation?

2021 ◽  
pp. 63-80
Author(s):  
Egon Montecinos ◽  
Patricio Contreras
Keyword(s):  
Citizen Participation ◽  
Great Majority ◽  
The Political ◽  
Local Democracy ◽  
Political Will ◽  
Current State ◽  
Municipal Management ◽  
Main Factors ◽  
The Law ◽  
Municipal Level

This article describes and characterizes the current state of citizen participation at the municipal level in Chile, taking as reference the law 20.500. The objective is to identify the main factors that are influencing the dynamic disparate of implementation of the law, based on a study conducted in fifty-two municipalities. It is argued that there are municipalities that meet minimum participation standards, but in the great majority it has not been gravitating. Some reasons that would be influencing this dynamic, they are the low incentives of the law to incorporate citizen participation in municipal management, the excessive dependence on the political will of mayors to initiate it, the municipal financial precariousness to sustain it. The main conclusion is that the contributions of the law to municipal participatory democracy have been low, persisting a representative local democracy of low intensity and associated with exclusively procedural aspects.

Electoral Umpires and the Task of Tracking Political Campaign Funds

2020 ◽  
pp. 15-51
Author(s):  
Benjamin Enahoro Assay
Keyword(s):  
Political Parties ◽  
Political Process ◽  
Campaign Spending ◽  
The Political ◽  
Political Campaign ◽  
The Law ◽  
Electoral Law ◽  
Precarious Situation

In some climes, the electoral law places a limit on the amount political parties and candidates can spend during campaigns. But very often, contestants and their parties flout the law on campaign funds limit especially in evolving democracies where the implementation of the law is weak. And this has prompted stakeholders in the political process to urgently canvass for the tracking of campaign funds by Election Management Bodies (EMBs). In Nigeria, despite the existence of a law which requires political parties to make public their campaign spending and submit same to the Independent National Electoral Commission for scrutiny, there appears to be a zero compliance with the Electoral Act. Political parties' non-compliance with the provisions of the law has placed INEC in a precarious situation as far as the tracking of campaign funds is concerned. It is against this backdrop that this chapter proffers solutions and recommends ways to make the electoral umpire live up to its responsibilities.

s.IV Crimes, Ch.15 Enslavement as a Crime against Humanity: Some Doctrinal, Historical, and Theoretical Considerations

2020 ◽  
Author(s):  
Bikundo Edwin
Keyword(s):  
Human Rights ◽  
Lived Experiences ◽  
Social Rights ◽  
Political Rights ◽  
Human Rights Law ◽  
Legal Personality ◽  
Civil And Political Rights ◽  
The Law ◽  
Material Conditions ◽  
Theoretical Considerations

This chapter delves into one specific crime—enslavement as a crime against humanity. It argues that the law has drawn heavily on civil and political rights, neglecting economic, social, and cultural ones. The law surrounding slavery furthermore has drawn on some basic contrasts: notably separating the concept of ‘human’ (a human being) from ‘person’ (a bearer of legal personality and rights). Another distinction is between ‘status’ and ‘condition’. The law has tended to focus on status, i.e., legal non-recognition of personhood, which has affinities with civil and political rights. The chapter argues that the law has given much less attention to ‘condition’, which looks at the person’s material conditions in fact, and which has affinities with economic and social rights. A re-imagined law better encompassing economic and social rights would be more ideologically neutral, more in keeping with human rights law, and more in keeping with the lived experiences of African would-be migrants. Thus, this chapter emphasises that recognition in law is not enough; one must also look at the material conditions of life, the deprivation of which enables enslavement.

Triggering State Obligations Extraterritoriality: The Spatial Test in Certain Human Rights Treaties

2007 ◽  
Vol 40 (2) ◽  
pp. 503-526 ◽  
Author(s):  
Ralph Wilde
Keyword(s):  
Human Rights ◽  
Critical Evaluation ◽  
Political Rights ◽  
Human Rights Law ◽  
State Obligations ◽  
Civil And Political Rights ◽  
Territorial Control ◽  
The Law ◽  
Spatial Test ◽  
Judicial Determinations

The spatial test for triggering the extraterritorial application of the main treaties on civil and political rights law has been the subject of significant judicial comment in recent years. This piece offers a critical evaluation of an important common theme in these judicial determinations: the suggestion that the spatial test is to be understood in a manner that covers a sub-set of extraterritorial activity involving territorial control occurring as a matter of fact. It provides a sustained explanation and critical evaluation of four different ways such a suggestion can be identified in some of the key judicial determinations on the issue of the extraterritorial application of treaties on civil and political rights generally. Since one of the other main areas of law potentially relevant to extraterritorial activity—the law of occupation—also uses a test of territorial control as a trigger for application, the interplay between the approaches taken in each area of law on the question of what type of control is required mediates the extent to which the fields of activity covered by the two areas of law overlap. Understanding the merit of the determinations concerning human rights law discussed in this piece is significant, then, not only on its own terms, but also because of its significance to the broader question of the overlap between human rights law and the law of occupation.

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