scholarly journals A Critical Analysis on Violation of Human Rights Caused by Extra-Judicial Killings with Special Reference to the Role of Police: Bangladesh Perspective

2020 ◽  
pp. 11-32
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Justice System ◽  
Actual Situation ◽  
Police Administration ◽  
Law Enforcement Agency ◽  
Negative Role ◽  
The Law ◽  
The Relationship

This paper mostly dwells on certain examples of violation of human rights extremely committed by the law enforcement agency i.e., the police emphasizing the human rights situation in Bangladesh. The utmost negative role of Police has been highlighted here considering the state of human rights regarding the violations especially caused by Extra-Judicial Killings. Furthermore, the Human Rights situation demanded its due concepts with the present justice system. In this study, the police administration has been taken under close scrutiny. In addition to this, an attempt has been made to unveil the relationship between Human Rights and Police Administration. Most importantly, there is a further attempt to uphold the facts of human rights violations, especially in extra-judicial killings mentioning and studying sensational cases too. Finally, in this paper, the researcher has endeavored to bring out the actual situation of violations analyzing the extra-judicial facts in different perspectives in connection with the activities of the law enforcing agencies i.e., the police where this agencies are always on action having the responsibilities to protect and ensure the human rights of the citizens in a democratic and developing country like Bangladesh.

scholarly journals PERTANGGUNGJAWABAN ADVOKAT SEBAGAI GATEKEEPER DALAM KAITANNYA DENGAN TINDAK PIDANA PENCUCIAN UANG

Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 350
Author(s):  
Rendy Ardy Septia Yuristara
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Money Laundering ◽  
Legal Profession ◽  
The State ◽  
Professional Responsibilities ◽  
Basic Purpose ◽  
The Law

Advocates are the most vulnerable professions to be Gatekeepers in money laundering. Indeed, the advocate profession is part of the law enforcement apparatus that can contribute better in preventing money laundering activities to develop. Affirmation about the role of advocate that can suppress the occurrence of money laundering crime, that is with the issuance of PP. 43 of 2015, which places advocates as one of the reporting parties in the agenda of eradicating money laundering crime. However, the substance of the rule draws criticism from some misguided advocates in interpreting the intent and purpose of the arrangement. Moreover there are some advocates who consider that the rule is against the rules that regulate immunity rights in the profession advocate. The misinterpretation of some advocates related to the immunity rights inherent in the profession, causing the work of the advocate profession to be considered irrelevant, and not worthy of being called the nobleprofession (OfficiumNobile), But as a bad profession in integrity and promoting commercialization. In fact, the basic purpose of the arrangement of PP. 43 of 2015, which places the advocate profession as one of the reporting parties on the eradication agenda of money laundering, is a form of respect for the profession of advocate who is a noble profession, by prioritizing his professional responsibilities to the state, society and God, as well as his obligations as part of The legal profession to uphold the law and uphold the value of human rights while on duty.

The gypsy’s lot: myth and reality

2017 ◽  
Author(s):  
Robert Jago
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Lived Experiences ◽  
European Court ◽  
The Law ◽  
The Uk ◽  
The Relationship

This chapter focuses on the lived experiences of gypsies (collectively referred to as gypsies rather than Roma or travellers). The author argues that the relationship between the legal system and the specific lifestyle of this group is itself causing many tensions which cannot be separated from the long-held myths about gypsies. Jago shows how the standing of gypsies in the UK legal system has, in turn, become the object of various myths. He demonstrates how judgements by the European Court of Human Rights in favour of gypsy claims created in many an image of the law being always on the side of the gypsy. A perception which Jago demonstrates is far from true. After addressing the nature and role of myths in general the author illustrates the tension between positive, romanticised myths about the freedom of gypsy lifestyle and three derogatory myths, namely gypsies as "child-snatchers", as thieves and as "land grabbers". Jago illustrates that these myths are linked to deep-rooted beliefs around property and its ownership.

The Role of Necessity in International Humanitarian and Human Rights Law

2013 ◽  
Vol 47 (2) ◽  
pp. 225-251 ◽  
Author(s):  
Lawrence Hill-Cawthorne
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Current Article ◽  
The Relationship

The nature of armed conflict has changed dramatically in recent decades. In particular, it is increasingly the case that hostilities now occur alongside ‘everyday’ situations. This has led to a pressing need to determine when a ‘conduct of hostilities’ model (governed by international humanitarian law – IHL) applies and when a ‘law enforcement’ model (governed by international human rights law – IHRL) applies. This, in turn, raises the question of whether these two legal regimes are incompatible or whether they might be applied in parallel. It is on this question that the current article focuses, examining it at the level of principle. Whilst most accounts of the principles underlying these two areas of law focus on humanitarian considerations, few have compared the role played by necessity in each. This article seeks to address this omission. It demonstrates that considerations of necessity play a prominent role in both IHL and IHRL, albeit with differing consequences. It then applies this necessity-based analysis to suggest a principled basis for rationalising the relationship between IHL and IHRL, demonstrating how this approach would operate in practice. It is shown that, by emphasising the role of necessity in IHL and IHRL, an approach can be adopted that reconciles the two in a manner that is sympathetic to their object and purpose.

scholarly journals Peranan Dan Fungsi Praperadilan Dalam Penegakan Hukum Pidana Di Polda Jateng

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Dodik Hartono ◽  
Maryanto Maryanto
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Active Role ◽  
District Court ◽  
Central Java ◽  
Procedure Code ◽  
The Law

ABSTRAK�Penelitian dengan judul Peranan Dan Fungsi Praperadilan Dalam Menegakkan Hukum Pidana di Polda Jateng. Berdasarkan uraian dalam Tesis ini, permasalahan yang akan yang akan di teliti adalah: 1) Bagaimanakah fungsi dan peran praperadilan dalam penegakan hukum di Indonesia berdasarkan peraturan perundang-undangan yang berlaku? 2) Apa hambatan dalam pelaksanaan fungsi dan peran pra peradilan dalam penegakan hukum di Polda Jateng? 3) Bagaimanakah solusi dari hambatan dalam pelaksanaan fungsi dan peran pra peradilan dalam penegakan hukum di Polda Jateng?Hasil penelitian menyimpulkan bahwa : 1) Maksud dan tujuan utama yang hendak ditegakkan dan dilindungi, dalam proses praperadilan yaitu tegaknya hukum dan perlindungan hak asasi tersangka dalam tingkat pemeriksaan penyidikan dan penuntutan. Pasal 1 butir 10 KUHAP dipertegas dalam Pasal 77 KUHAP yang menyebutkan Pengadilan Negeri berwenang untuk memeriksa dan memutus, sesuai dengan ketentuan yang diatur dalam undang-undang. Wewenang pengadilan untuk mengadili dalam praperadilan dijelaskan dalam Pasal 95 KUHAP. 2) Hambatan dalam pelaksanaan fungsi dan peran praperadilan dalam penegakan hukum di Polda Jateng meliputi : a. hakim lebih banyak memperhatikan perihal dipenuhi atau tidaknya syarat-syarat formil penangkapan dan penahanan, atau ada tidaknya perintah penahanan dan sama sekali tidak menguji dan menilai syarat materilnya. b. setiap pelaksanaan upaya paksa selalu ada perenggutan HAM. c. pemeriksaan untuk melakukan penahanan, masih ada penyalahgunaan dalam tahap penyidikan oleh Polisi dan penuntutan oleh jaksa. d. selain luasnya kewenangan penyidikan dalam menentukan bukti permulaan yang cukup, pengawasan terhadap kewenangan tersebut juga lemah. 3) Solusi dari hambatan dalam pelaksanaan fungsi dan peran praperadilan dalam penegakan hukum di Polda Jateng meliputi : ����������� a. Diperlukan upaya kontrol terhadap setiap aparat penegak hukum pada lembaganya masing-masing secara vertikal. b. KUHAP perlu direvisi khususnya mengenai mekanisme saling mengawasi antara penegak hukum dan lembaga dalam subsistem peradilan. c. diperlukan peran aktif hakim dalam menggunakan kewenangannya pada saat pemeriksaan pokok perkara untuk mempertimbangkan penyidikan atau penuntutan yang tidak sesuai dengan ketentuan hukum acara atau yang melawan hukum guna menghindari penyalahgunaan HAM. d. dalam tahap ajudikasi, hakim seharusnya berkonsentrasi untuk menentukan hasil pembuktian di persidangan dan dalam tahap ini, hakim dapat menilai apa yang terjadi dalam tahap praajudikasi.Kata Kunci : Peranan dan Fungsi, Praperadilan, Penegakan Hukum Pidana�ABSTRACT�Research with the title Role And Practice Function In Enforcing Criminal Law in Central Java Regional Police. Based on the description in this Thesis, the issues that will be examined are: 1) How is the function and role of pretrial in law enforcement in Indonesia based on the prevailing laws and regulations? 2) What are the obstacles in the implementation of pre-justice functions and roles in law enforcement in the Central Java Regional Police? 3) How is the solution of the obstacles in the implementation of functions and the role of pre-judiciary in law enforcement in Central Java Regional Police?The results of the study conclude that: 1) The main purpose and objectives to be upheld and protected, in the pre-trial process, namely the enforcement of the law and the protection of human rights of suspects in the level of investigation and prosecution investigation. Article 1 point 10 of the Criminal Procedure Code is affirmed in Article 77 of KUHAP stating that the District Court has the authority to examine and decide upon, in accordance with the provisions stipulated in law. The jurisdiction of the courts to adjudicate in pre-trial is described in Article 95 of the Criminal Procedure Code. 2) Obstacles in the implementation of functions and the role of pretrial in law enforcement in Central Java Police include: a. judges pay more attention to whether or not the formal conditions for arrest and detention, or whether there is a detention order and not test and judge material requirements at all. b. every execution of forced efforts is always a rush of human rights. c. checks for detention, there is still abuse in the investigation stage by the Police and prosecution by the prosecutor. d. besides the extent of investigative authority in determining sufficient preliminary evidence, the oversight of the authority is also weak. 3) Solutions from obstacles in the implementation of functions and pretrial roles in law enforcement in Central Java Police include: a. Control of each law enforcement apparatus is required on each institution vertically. b. The Criminal Procedure Code needs to be revised, especially regarding the mechanism of mutual supervision between law enforcement and institutions within the judicial system. c. an active role of the judge in the use of authority at the time of examination of the principal matter to consider investigations or prosecutions that are not in accordance with the provisions of procedural law or against the law in order to avoid abuse of human rights. d. in the stage of adjudication, the judge should concentrate on determining the results of the evidence in the hearing and in this stage the judge can judge what happened in the pre-certification stage.Keywords: Roles and Functions, Pretrial, Criminal Law Enforcement

scholarly journals The National Police of Ukraine as a component of the domestic law enforcement system

2019 ◽  
pp. 61-65
Author(s):  
Yu.V. Harust ◽  
S.Yu. Kalyta
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Police Officer ◽  
Public Confidence ◽  
Scientific Article ◽  
Emergency Situations ◽  
Law Enforcement Agency ◽  
The Law ◽  
National Police ◽  
Domestic Law

In Ukraine, there are qualitative changes in the reform of law enforcement agencies in order to more effectively ensure the rule of law in the country, protect human rights and freedoms and increase public confidence in these bodies. Undoubtedly, it is important to create a National Police, which plays an important role in the domestic law enforcement system. Since the first days of its operation, the police have received support from citizens, who argue with various sociological surveys, because this law enforcement agency is open enough in its activity, there is contact with the population. The article is devoted to the activity of a component of the domestic law enforcement system – the National Police. The National Police of Ukraine (police) is a central executive body that serves society by ensuring the protection of human rights and freedoms, combating crime, maintaining public safety and order. This topic is very relevant, as the police are a relatively new subject in the law enforcement system and are on their way. The scientific article investigates which regulatory acts regulate the activity of this law enforcement agency, the structure, main tasks of the police are found out on the basis of the current legislation. The structure of the National Police is quite complex and due to the shortcomings in the legislation, there are problems concerning the interaction between the units. The publication examines the procedure for appointing persons to the post of a police officer and identifies the main problems of selecting candidates to the ranks of the National Police. The importance of introducing in the Law of Ukraine “On National Police” the task of the police is emphasized – to provide within the limits specified by the law services for assistance to persons who, for personal, economic, social reasons or due to emergency situations, need such assistance. Some of the shortcomings of the Law of Ukraine “On the National Police” have been identified and suggestions for improvement of this legal action have been proposed. Keywords: law enforcement system, National Police of Ukraine, police tasks, police structure, police officer.

scholarly journals Pre-Trial in the Criminal Justice System in Military Criminal Judges in Indonesia

2021 ◽  
pp. 1-9
Author(s):  
Sugeng Sutrisno
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Justice System ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Court System ◽  
Criminal Cases ◽  
Procedure Code ◽  
The Law ◽  
The Military

Law enforcement in the Military Court System in the settlement of criminal cases committed by TNI soldiers is seen as not yet fully guaranteeing legal protection for the rights of suspects, this is due to the absence of a control agency that oversees the actions of law enforcement officers in carrying out their duties and authorities as is the case in the system. General Court. This condition should not drag on indefinitely, because it will affect the law enforcement process and harm the suspect to fight for his rights to obtain justice which results in human rights violations (TNI soldiers). The purpose of the establishment of the Pretrial Institution is as stated in the Elucidation of Article 80 of the Criminal Procedure Code which states that this article intends to uphold law, justice, and truth through horizontal supervision. Settlement of criminal cases in Indonesia in addition to the Code of Criminal Procedure Code (KUHAP) which applies to civil society, we also recognize the existence of the Military Criminal Procedure Code which is regulated in Law Number 31 of 1997 concerning Military Courts, namely the law that regulates the procedure for resolving criminal cases. a criminal case committed by a TNI soldier. The Law on Military Courts includes the provisions of the litigation process (Military Criminal Procedure Law) starting from the investigation stage, submission of cases, the examination process at trial to the implementation of decisions. 31 of 1997 does not regulate pretrial. In several cases in the Military Court where a suspect was detained without a warrant for detention or was late in obtaining a warrant for detention, therefore such actions may conflict with the principles applicable in the provisions of criminal law so that they do not respect the position of the suspect as a creature created by God, even the act can lead to human rights violators. Therefore, in the military justice system in Indonesia, pretrial institutions are needed as a form of horizontal external supervision.

scholarly journals Law Enforcement and Human Rights (The Role of Muhammadiyah in the Humanitarian Case in Kendari)

Al-'Adl ◽  
2021 ◽  
Vol 14 (1) ◽  
pp. 27
Author(s):  
Muhammad Alifuddin ◽  
Suarni Suarni
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Significant Role ◽  
Human Life ◽  
Phenomenological Approach ◽  
Human Rights Law ◽  
Hermeneutic Phenomenological ◽  
The Law ◽  
Depth Interviews

This research aims to describe the role of Muhammadiyah in law enforcement and human rights in Kendari. The main problem that becomes the focus of this study is: what is the role and form of Muhammadiyah involvement in encouraging human rights law enforcement efforts for the 26th September 2019 case in Kendari, and what factors have pushed Muhammadiyah to be involved in this problem? The study of the problem is based on qualitative data obtained through in-depth interviews, observation and document study. The collected data were analyzed using a data analysis mechanism developed by Miles and Hubermen combined with Von Eckartsberg's hermeneutic phenomenological approach. This study concludes: (1). Muhammadiyah as a social element of Islam in Kendari plays a significant role in encouraging the law enforcement process for humanitarian cases that cause the loss of human life. The indicator of this significant role is the success of the Muhammadiyah Advocate Team in bringing and forwarding the related cases to the general court until the Panel of Judges sentenced the defendant to 4 (years) in prison. Second: the form of Muhammadiyah's involvement in cases of law and human rights violations in Kendari is to provide assistance to victims and witnesses and to oversee the law enforcement process down to the court level. Third: the serious efforts shown by Muhammadiyah elements in guarding the process and law enforcement on the 26 September 2019 case cannot be separated from the basic ideology of the Muhammadiyah movement, namely the preaching of amar maruf nahi munkar.

OPTIMIZATION OF THE ROLE OF ASSET RECOVERY CENTER (PPA) OF THE ATTORNEY-GENERAL’S OFFICE OF THE REPUBLIC OF INDONESIA IN ASSET RECOVERY OF CORRUPTION CRIME RESULTS

2020 ◽  
Vol 9 (2) ◽  
pp. 211
Author(s):  
Aghia Khumaesi Suud
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Integrated System ◽  
Asset Tracking ◽  
Library Research ◽  
Current Implementation ◽  
Asset Recovery ◽  
The Law ◽  
The Republic

The Asset Recovery Center (PPA) as the Republic of Indonesia General Attorney's unit is responsible for ensuring that asset recovery in Indonesia is conducted with an integrated system that is effective, efficient, transparent and accountable, by tracing, securing, maintaining, seizing, and returning assets of criminal acts of corruption handled by the Prosecutor's Office. However, the number of asset recovery resulting from corruption by the PPA remains small, and the current implementation is only done after a court decision, even though asset tracking should be done before the verdict. In addition, the urgency of its existence remains questionable given its scope is almost equal to the Labuksi KPK and Rupbasan at the Ministry of Law and Human Rights, which indirectly creates a tug of war between the law enforcement units. Therefore, using a normative juridical approach and data obtained directly through library research and interview mechanisms, this paper found the importance of establishing a PPA for the Prosecutor's Office related to its duties and functios, as described in the Law and other regulations in the recovery of assets resulting from corruption, which does have a different position from the Labuksi KPK and Rupbasan. This paper also discusses the steps that must be taken by the Prosecutor's PPA to optimize the work of the Prosecutor's PPA so that assets resulting from corruption can be recovered quickly, effectively and transparently.

The Law and Politics of International Cultural Rights: E. Stamatopoulou, Cultural Rights in International Law; F. Francioni and M. Scheinin (eds.), Cultural Human Rights

2009 ◽  
Vol 16 (3) ◽  
pp. 481-501
Author(s):  
Patrick Macklem
Keyword(s):  
Human Rights ◽  
Collective Memory ◽  
International Law ◽  
Indigenous Peoples ◽  
Cultural Rights ◽  
Law And Politics ◽  
Institutional Contexts ◽  
The Law ◽  
The Relationship

AbstractTwo recent books place international law at the centre of inquiries into the nature of cultural rights. The first, Cultural Rights in International Law: Article 27 of the Universal Declaration of Human Rights and Beyond, by Elsa Stamatopoulou, explores "the concept of cultural rights by reviewing international and national legal instruments, international practice, and especially the role of UN bodies and entities in the implementation of these rights". The second, Cultural Human Rights, is a collection of essays edited by Francesco Francioni and Martin Scheinin. Wide-ranging in scope, Cultural Human Rights includes contributions that explore the relationship between cultural rights and the state, the relationship between cultural rights and other human rights, the rights of minorities and indigenous peoples, normative justifications of human rights in general and minority rights in particular, the law and politics of cultural identity and collective memory, and various forms of cultural protection in a variety of regional and international institutional contexts. Both demonstrate that understanding cultural rights in international law requires a multi-faceted approach, one that pays close attention to the historical, textual and institutional dimensions of cultural rights. They reveal, too, that international legal commitments to sovereignty and human rights are more relevant to moral and political accounts of the significance of cultural rights than they might otherwise appear.

The African Charter and Commission on Human and Peoples' Rights; How to Make it More Effective

1993 ◽  
Vol 11 (1) ◽  
pp. 25-40 ◽  
Author(s):  
Wolfgang Benedek
Keyword(s):  
Human Rights ◽  
Actual Situation ◽  
African Charter ◽  
The Relationship ◽  
African Commission

This contribution discusses how to improve the African system of human and peoples' rights on the basis both of the practice of the African Commission and of a revision of the African Charter in the light of the practice and experience of other regional human rights conventions and bodies. Particular emphasis is put on improvements in the procedure of communications. Furthermore, the role of the African Commission with regard to the move towards democracy and human rights in Africa and the relationship between the Commission and the OAU will be analyzed, and a number of proposals on strengthening the African Charter and the African Commission will be made. In presenting the actual situation of the African Commission particular attention is given to the results of the 11th and 12th sessions (March and October 1992 respectively) of the African Commission which in respect to some concerns were breaking new ground.

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