scholarly journals The Model Of Local Regulation Of The Human Rights Fulfillment Based On Progressive Law

2021 ◽  
Vol 3 ◽  
pp. 18-34
Author(s):  
Yulia Neta ◽  
Budiyono Budiyono ◽  
Ade Arif Firmansyah
Keyword(s):  
Human Rights ◽  
Community Participation ◽  
Local Governments ◽  
Material Model ◽  
Local Communities ◽  
Constitutional Rights ◽  
Local Regulation ◽  
Protection Of Human Rights ◽  
Contextual Reality ◽  
Laws And Regulations

One of the materials for the amendment of the 1945 Constitution is the guarantee of human rights and constitutional rights of citizens. This change can be seen as a manifestation of awareness about the importance of protecting the human rights and constitutional rights of citizens, which grows and becomes the spirit of reform. Local governments have an important role in presenting the spirit of reform by presenting Regional Regulations for the Fulfillment of Human Rights. The material model for the content of the Local regulation Fulfillment of Human Rights based on progressive law relies on three things, namely: laws and regulations that regulate human rights both vertically and horizontally, the contextual reality of the recognition and protection of human rights found in local communities and thirdly for humans and humanity. Systematically, the division of chapters containing the content in it consists of: general provisions; principles and objectives; type of human rights; human rights recognition; protection of human rights; fulfillment of human rights; community participation; guidance and supervision; funding and closing provisions. By using the socio-legal approach, this paper describes the material model for the content of regional regulations regarding the fulfillment of human rights based on progressive law.

When Rights Embrace Responsibilities

2018 ◽  
Author(s):  
Giulia Sajeva
Keyword(s):  
Human Rights ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Local Communities ◽  
Economic Interests ◽  
Group Rights ◽  
Potential Applicability ◽  
Protection Of Human Rights ◽  
Relationship Of

The conservation of environment and the protection of human rights are two of the most compelling needs of our time. Unfortunately, they are not always easy to combine and too often result in mutual harm. This book analyses the idea of biocultural rights as a proposal for harmonizing the needs of environmental and human rights. These rights, considered as a basket of group rights, are those deemed necessary to protect the stewardship role that certain indigenous peoples and local communities have played towards the environment. With a view to understanding the value and merits, as well as the threats that biocultural rights entail, the book critically assesses their foundations, content, and implications, and develops new perspectives and ideas concerning their potential applicability for promoting the socio-economic interests of indigenous people and local communities. It further explores the controversial relationship of interdependence and conflict between conservation of environment and protection of human rights.

Friends and Foes

2018 ◽  
pp. 50-75
Author(s):  
Giulia Sajeva
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Local Communities ◽  
Environmental Conservation ◽  
Environmental Concerns ◽  
Conservation Practices ◽  
Environmental Challenges ◽  
Protection Of Human Rights ◽  
New Ideas ◽  
Relationship Of

Chapter 3 explores the controversial relationship of interdependence and conflict between environmental concerns and the protection of human rights by offering insights on the necessity—and the opportunity—of new ideas such as biocultural rights. Such necessity is made clear by bringing forward the inadequacy of human rights rhetoric in fully incorporating environmental challenges, as well as the damages environmental conservation can do to human rights of indigenous peoples and local communities. The chapter introduces attempts to combine conservation and rights interests through the recognition of the stewardship relationship indigenous peoples and local communities have towards the environment. Keeping distance from the dangers of the myth of the noble savage, and describing the important steps forward that have been done against fortress conservation practices, the chapters underlines those steps that still need to be taken.

scholarly journals The Citizens’ Constitutional Rights Regarding Habitable and Wholesome Environment: Towards a Law State that Protects the Environment

2020 ◽  
Vol 4 (1) ◽  
pp. 81
Author(s):  
Nyoman Satyayudha Dananjaya ◽  
Fuchikawa Kazuhiko
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Due Process ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Human Beings ◽  
Legal Research ◽  
International Human Rights ◽  
The Rule Of Law ◽  
Protection Of Human Rights

This paper aims to examine the protection of the environment in Indonesia which is part of the realization of a law state that guarantees the constitutional rights of its citizens. It is a legal research that reviews Indonesian constitutional and statutory provisions, besides adding a comparative perspective from a Japanese Constitution and legal system. It is found that the concept of a law state in Indonesia does not specifically follow the concept of a law state like what is meant in “rechtsstaat” or “the rule of law”. It has peculiar characteristics which indeed seem to adopt the noble values ??of those two concepts which clearly confesses in the constitution along with the elements and characters stated in it. One of the most prominent characteristics of a law state is the recognition and protection of human rights. In the Indonesian Constitution 1945, human rights as the fundamental rights of human beings have been arranged and compiled which is legally legitimized become constitutional rights. Among human rights, rights related to the environment include essential rights in array of international human rights formulations. Article 28 letter H of the Indonesian Constitution 1945 expressly states the rights to habitable and wholesome environment for citizen. The protection form can be a normative arrangement in the constitution or in a formal juridical through legislation. Protection of citizens' constitutional rights related to the environment is faced with due process of environmental protection that requires consistency in order to achieve the intention and direction of the Indonesian law state itself.

scholarly journals From constitutional to human rights: On the moral structure of international human rights

2014 ◽  
Vol 3 (3) ◽  
pp. 373-403 ◽  
Author(s):  
KAI MÖLLER
Keyword(s):  
Human Rights ◽  
Structural Features ◽  
Global Model ◽  
Constitutional Rights ◽  
International Human Rights ◽  
Global Consensus ◽  
Protection Of Human Rights ◽  
Joseph Raz ◽  
International Human ◽  
Moral Structure

AbstractThe paper presents a theory of the moral structure of international human rights. It proceeds by drawing on recent scholarship on the philosophy of national constitutional rights, which has shown that there is now an emerging global consensus on certain structural features of constitutional rights; in previous work I have summarized this under the label ‘the global model of constitutional rights’. Starting from the theory of rights underlying the global model, the paper asks what modifications, if any, are required to turn that theory into a suitable theory of international human rights. In particular, it examines the widely held view that international human rights are more minimalist than national constitutional rights. Discussing recent work by Ronald Dworkin (on political/constitutional versus human rights) and Joseph Raz (on legitimate authority versus national sovereignty), the paper concludes that it is not possible to make rights more minimalist than they already are under the global model. It follows that the moral structures of national constitutional rights and international human rights are identical. The final section of the paper examines some implications of this result, addressing the issues of the workability of the proposed conception of international human rights in practice, its point and purpose, and discussing the obligations of states to participate in international mechanisms for the protection of human rights.

scholarly journals The Constitutionalism Doctrine in Criminal Proceedings: The Russian and U.S. Experience

2021 ◽  
Vol 1 ◽  
pp. 9-14
Author(s):  
Viktor A. Shestak ◽  
◽  
Vadim A. Shaynurov ◽  
Keyword(s):  
Human Rights ◽  
Detailed Analysis ◽  
Significant Influence ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
The Us ◽  
Protection Of Human Rights

Тhe authors have researched the role of the doctrine of constitutionalism in criminal proceedings, as well as identified modern tendencies in the development of criminal proceedings in the sphere of protection of human rights and freedoms. Besides, on the basis of detailed analysis of the US legislation, the peculiarities of implementation of the principle of constitutionalism in criminal proceedings were identified. The US judicial practice that had a significant influence on guarantees of constitutional rights and freedoms of a person was considered.

scholarly journals Pengembangan sumber daya ekonomi lokal di Kabupaten Sumenep: pendorong dan penghambat

2021 ◽  
Vol 6 (2) ◽  
pp. 121-133
Author(s):  
Mochammad Rozikin ◽  
Rillia Aisyah Haris
Keyword(s):  
Human Resources ◽  
Community Participation ◽  
Local Governments ◽  
Local Communities ◽  
Economic Resources ◽  
Added Value ◽  
Field Analysis ◽  
Force Field Analysis ◽  
Coordination And Collaboration

The purpose of this study is to identify and analyze the drivers and restraining factors of the development of local economic resources. This study uses force field analysis to analyze the various forces / factors that affect a change, determine the source of its strength, and develop strategies to strengthen the drivers and weaken the inhibitors. The results showed that there were a number of driving factors, namely: 1) superior commodities; 2) Rules / policies; 3) Budget allocation; 4) Human resources availability; 5) Leadership. The restraining factors are: 1) Lack of coordination and collaboration of stakeholders involved; 2) The quality of human resources of farmers is still low; 3) community participation is still low; 4) Availability of infrastructure; 5) Commitment of stakeholders involved. This research is expected to be a material consideration for developing strategies to achieve success in developing local economic resources and providing recommendations to local governments to implement planned changes to be able to increase the added value and welfare of local communities.

scholarly journals Inaugural Lecture: Mr Bulwark and the Protection of Human Rights

2014 ◽  
Vol 45 (2) ◽  
pp. 367
Author(s):  
Claudia Geiringer
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
The Political ◽  
Constitutional Rights ◽  
Bill Of Rights ◽  
Protection Mechanism ◽  
Personal Journey ◽  
Previous Generation ◽  
Inaugural Lecture ◽  
Protection Of Human Rights

This is the text of the author's inaugural lecture as a Professor at the Faculty of Law at Victoria University of Wellington. The author discusses the nature of entrenched bills of rights as a protection mechanism for human rights, particularly focusing on New Zealand and its Bill of Rights Act and the author's personal journey as a scholar. In the first part of the lecture, the author contrasts her intellectual journeys on constitutions and bills of rights with that of the previous generation, which includes the likes of Sir Kenneth Keith and Sir Geoffrey Palmer. The author suggests that the experience of both generations have been both the same and different due to the political and constitutional climates. In the second part of the lecture, the author argues that we are now in a position to start reaching definitive conclusions about how well the New Zealand Bill of Rights Act 1990 has worked by drawing on her own research. The author concludes that it is time for reform, suggesting that judges need more power to enforce constitutional rights.

scholarly journals Law Enforcement Agencies in the System of Entities of Protection and Defense of Human Rights

2020 ◽  
Vol 9 (30) ◽  
pp. 77-83
Author(s):  
Oksana Aleksandrovna Panova ◽  
Andrii Tanko ◽  
Vladyslav Volodymyrovych Povydysh ◽  
Olha Vasylivna Alieksieieva
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Civil Rights ◽  
Scientific Work ◽  
Constitutional Rights ◽  
Law Enforcement Agencies ◽  
Root Cause ◽  
Protection Of Human Rights ◽  
Legitimate Interests ◽  
Definition Of

The purpose of this article is to define the role of law enforcement agencies in the system of protection of human rights and freedoms. The legal relations that arise during the activities of law enforcement agencies regarding the protection of human rights and freedoms were the subject of the study. Such methods of scientific cognition as dialectical, logical-semantical, formal-legal and analytical were used during the writing of the article. Through a series of research analyzes and comparisons, the definition of "law enforcement agencies" was provided. During the writing of this scientific work, the level of impact of effectively functioning law enforcement agencies on the entire system of protection of fundamental human and civil rights and freedoms was traced. It is stated that due to the multisectoral nature of activity of law enforcement agencies, their extensive system, etc., it is impossible to group them in one legislative act. The root cause for this is that all law enforcement agencies have different functions, different tasks, they do not have the same powers, and so on. It is emphasized that, regardless of the state in which they are located, law enforcement agencies (and especially their activities to ensure inalienable protected rights) will always be a model for a society as a whole. Hence the foundation of the widespread scientific thesis that the quality of law enforcement work in the field of protection and observance of constitutional rights, freedoms and legitimate interests of individuals is a direct reflection of the level of success and competence of all actors in society.

Federal States and the International Protection of Human Rights

1952 ◽  
Vol 46 (2) ◽  
pp. 195-218 ◽  
Author(s):  
Max Sørensen
Keyword(s):  
Human Rights ◽  
Human Activities ◽  
Local Governments ◽  
Central Government ◽  
Federal System ◽  
International Protection ◽  
Political Body ◽  
Federal States ◽  
Political Unity ◽  
Protection Of Human Rights

However deep and acrimonious are most contemporary political controversies, the merits of the federal system of government are recognized by adherents of widely different political doctrines and practices. In the most different conditions federalism has established itself as a useful principle for welding together into one political body groups and regions of great diversity. Neither geography nor linguistic, racial or religious differences have proved insurmountable obstacles to political unity. The federal system of government, in dividing powers between one central government and a number of local governments, allows for that diversity in unity which is so attractive a goal for human activities.

scholarly journals Community Participation on Tourism Development in Parangtritis Tourism Area, Bantul Regency

2019 ◽  
pp. 225
Author(s):  
Meitolo Hulu ◽  
M. Baiquni ◽  
Chafid Fandeli ◽  
Niken Wirasanti
Keyword(s):  
Local Government ◽  
Community Participation ◽  
Local Governments ◽  
Local Community ◽  
Service Industry ◽  
Positive Impact ◽  
Sustainable Tourism ◽  
Secondary Data ◽  
Local Communities ◽  
Primary Data

Parangtritis tourist area is a famous tourist destination in the south of Yogyakarta. The tourist area which consists of a variety of tourist objects such as beaches, sanddune, culinary, religious and cultural tourism has a positive impact on the growth of tourist visits in ??Parangtritis tourist area. This study aims to examine the participation of local people in their contribution to the development of sustainable tourism areas. The method used in this study is descriptive qualitative by conducting primary and secondary data collection. Primary data was collected through interviews with local communities which involved in to the service industry, cultural arts groups and local government of Bantul Regency. The results of the study are (1) the local community has contributed to the development of the Parangtritis tourist area through local cultural activities, tourist attractions and providing of facilities regarding the needs of visitors. (2) the local government of Bantul Regency has several programs related to the empowerment in each of government institution that are addres service industry, tourism local groups and build facilities and infrastructure. But the contribution of local communities has not become a tourist attraction and sustainable. Empowerment programs from local governments have not been specific to training related to services and business activities that are suitable for tourism activities in ??Parangtritis tourist area. Keywords: Community participation, tourist area, sustainable tourism.

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