scholarly journals The Position of Petty Offence Perpetrators Receiving Penalty Notices – Drafted amendments: Analysis in the Prism of the Pro-Constitutional Interpretation of the Law of Petty Offenses as an Instrument of Human Rights Protection

2021 ◽  
Vol XXIV (Issue 3B) ◽  
pp. 921-929
Author(s):  
Aneta Kaminska-Nawrot ◽  
Daria Bienkowska ◽  
Tomasz Paczek
Author(s):  
Yosefina Daku

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


2003 ◽  
Vol 5 ◽  
pp. 237-270
Author(s):  
Alexander Orakhelashvili

It is commonly assumed that the European Convention on Human Rights, being a treaty of specific nature, embodies elements of European public order. However, there seems to be no authoritative or generally accepted definition of the public order of Europe, of its essential components, and of its relationship with the notion of international public order. This article will examine these questions. In pursuing this goal, the law-enforcement resources accumulated within the European system of human rights protection will be examined in the context of interaction between the public order of Europe as part of the law of the European Convention, and international public order as part of general international law.


2020 ◽  
Vol 17 (1) ◽  
pp. 48-60
Author(s):  
Elena G. Serebryakova

The object of the research is the social position and personal axiology of the poet, philosopher and mathematician Alexander Esenin-Volpin. From the second half of the 1960s to the mid-1980s, the human rights movement constituted the core of the Soviet dissidence, and an analysis of the personal axiology and social position of the movement founder permits to understand the specifics of collective identity and of the “human rights activist” behavior model. The purpose of this work is to identify the origins and specificity of the “human rights activist” behavioral pattern, which gradually replaced the “defender” model from nonconformist rhetoric and social practice, and to characterize the axiology and typology of human rights protection. The Legal Note and the Free Philosophical Tractate by Volpin served as the material for this study.The author claims that the “human rights activist” model of social behavior emerged in the practice of nonconformists during the Sinyavsky—Daniel trial. It differs from the “defender” model implemented by the liberal intelligentsia in the Brodsky case. The “defender” is guided by the absolute value of the individual, invites the authorities to take into account personal characteristics of the defendant when sentencing, which means a selective approach to the law. For the “human rights activist”, the law is universal; compliance with the law not only by citizens, but also by the state is the guarantee of justice.Volpin laid several theses on the basis of the ideology and axiology of human rights protection: the state is a subject of law, obliged not only to formulate laws for citizens, but also to comply with the prescribed norms itself; Soviet laws are designed to limit the dictates of the state and to protect the citizens; the citizens have legal rights to defend themselves against illegal actions of the state.The first practical implementation of these ideas — the “glasnost meeting” — showed that the authorities were not prepared for the proposed model of behavior. However, the motivation of the meeting participants mostly fit into the “defender” paradigm; the human rights logic of action and rhetoric were adopted by the community gradually. The Legal Note was written by Volpin to educate nonconformists and popularize human rights ideas.The article concludes that, thanks to Volpin’s activities, appealing to the rights and the law gradually became the usual rhetorical method in literary and journalistic statements and social actions of dissidents.


2003 ◽  
Vol 5 ◽  
pp. 237-270
Author(s):  
Alexander Orakhelashvili

It is commonly assumed that the European Convention on Human Rights, being a treaty of specific nature, embodies elements of European public order. However, there seems to be no authoritative or generally accepted definition of the public order of Europe, of its essential components, and of its relationship with the notion of international public order. This article will examine these questions. In pursuing this goal, the law-enforcement resources accumulated within the European system of human rights protection will be examined in the context of interaction between the public order of Europe as part of the law of the European Convention, and international public order as part of general international law.


Global Jurist ◽  
2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Luis Castillo-Córdova ◽  
Susana Mosquera-Monelos

AbstractWe consider the right to the truth an essential human right that should be recognized and guaranteed by the Law. Allowing all humans access to the truth is a human good permitting the achievement of a higher degree of human perfection and realization and, consequently, there are strong reasons to affirm that the Law should recognize and guarantee as much as possible access to the truth. Considering that it has been the international recognition of the right to the truth which has provided the basis for domestic regulations it is logical that we should focus attention on the international sphere of human rights protection and it is for this reason that we have carried out a case-law method investigation to describe the concept of “the right to the truth”.


2015 ◽  
Vol 15 (2) ◽  
Author(s):  
Ridwan .

Criminal law is law formulation to protect society and to establish society welfare as its address.  Protection was, according criminal law, naturally as a concept of Human Rights protection. Based on those, therefore criminal law was implemented certainty, equality and expediency principle. But then, those law principles or basic values, seem difficult to improve by Indonesian citizen abroad, specifically Indonesian workers facing the law. Yet, according to limited-National Passive Principle in specific interest, and not including all Indonesian citizens abroad. It will cause unbalancing doelmatigheid ND rechtsmatigheid Principles not improving.  Keywords: Principle, Protection, Concept.


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