Definition and content of the right to freedom of conscience

2021 ◽  
Vol 66 (05) ◽  
pp. 145-148
Author(s):  
Ниджат Рафаэль оглу Джафаров ◽  
Keyword(s):  
Human Rights ◽  
Human Behavior ◽  
The State ◽  
Human Beings ◽  
Freedom Of Conscience ◽  
Key Words Human ◽  
The People ◽  
The Law ◽  
The Right

It can be accepted that the classification of human rights, its division, types, and groups, is of particular importance. The syllogism for human rights can be taken as follows: law belongs to man; human beings are the highest beings on earth like living beings. Therefore, the regulation prevails. The right to freedom is conditional. Man is free. Consequently, human rights are dependent. Morality is the limit of the law. Morality is the limit and content of human actions. Therefore, the law is the limit of human activities. Morality is related to law. Law is the norm of human behavior. Thereby, human behavior and direction are related to morality. The people create the state. The state has the right. Therefore, the right of the state is the right of the people. The state is an institution made up of citizens. Citizens have the privilege. Such blessings as Dignity, honor, conscience, zeal, honor, etc., and values are a part of morality and spiritual life. Morality is united with law. Therefore, moral values are part of the law. Everyone has the right to freedom of thought and conscience. Space is about the law. Therefore, everyone has the right to opinion and conscience. Key words: human rights, freedom of conscience, conceptuality, citizenship

LEGAL PROTECTION RELATED TO THE DENSITY RIGHTS IN TERMS OF REWARDED IN CORRECTIONAL INSTITUTION

2018 ◽  
Vol 5 (2) ◽  
pp. 175
Author(s):  
Lily Faradina ◽  
Kadek Wiwik Indrayanti
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Correctional Institution ◽  
Human Beings ◽  
The People ◽  
The Law ◽  
The Right ◽  
Work Done

The rights of prisoners have been explicitly regulated in Act No.12 of 1995 on Corrections. The law therein outlines 13 (thirteen) rights reserved for a prisoner while in a Penitentiary. The right to get a wage or premium for the work done is a right that is often neglected in practice in the correctional institution located in our country. This happens because of the stigma of the people who still tend to assume that a prisoner is a party that deserves to be treated arbitrarily because of the crime he has committed. It is this kind of thinking that ultimately also affects officials or prison officers who end up treating incendiary people like humans who are unfit to accept the rights that have been provided by the state. Many inmates are employed in penitentiaries who are not paid for by their employers. If this continues to be done then the purpose of punishment will actually violate human rights inherent in the Prisoners as human beings. However, prisoners must also be protected by their rights as human beings.

scholarly journals Kajian Yuridis Organisasi Masyarakat Pada Komitmen Kehidupan Bermasyarakat dan Bernegara DI Wilayah NKRI

2017 ◽  
Vol 1 (2) ◽  
Author(s):  
Vieta I Cornelis
Keyword(s):  
Human Rights ◽  
Community Organization ◽  
The State ◽  
Freedom Of Association ◽  
The People ◽  
The Law ◽  
The Right

Freedom of association to gather and express opinion is apart of human rights in the life of nation and state in the country of Indonesia.The consept of article 1 act 2 UUD 1945 opens space of consequences which is the principle of democracy and law.The law is represented by law and repsentative democracy by the sovereignty of the people,it means that in the implementation of all the life of the state,democracy plays an important role for the state process.The amendment reforms clearly put the issue of appreciation for community organizatio. Then finally develoved the right of other rights,which then regulted more clearly in the article that has been amnademen article but still on the commitment that still run by the Law on conition that the destination of the country committed NKRI is the price of death.Keys Words : Freedom of association , The amendment reforms, Goverment, Community Organization

scholarly journals Overview Of The Rights Of Person With Disabilities: A Human Rights Approach

2021 ◽  
Vol 5 (IV) ◽  
pp. 34-42
Author(s):  
Dr. Ram Charan Meena,
Keyword(s):  
Human Rights ◽  
Human Beings ◽  
Social Approach ◽  
Persons With Disabilities ◽  
Psychological Barriers ◽  
Contemporary Situation ◽  
The Law ◽  
The Government ◽  
Definition Of ◽  
The Right

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights. The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.

scholarly journals BOOK REVIEW: PANCASILA MORALS, LAW AND POWER (MORAL PANCASILA, HUKUM, DAN KEKUASAAN)

2021 ◽  
Author(s):  
Ayu Aulia Rahmah ◽  
Moses Glorino Rumambo Pandin
Keyword(s):  
Human Resources ◽  
Legal Theory ◽  
The State ◽  
Correct Result ◽  
The People ◽  
Legal Situation ◽  
The Law ◽  
The Right

The book called Moral Pancasila, Hukum, dan Kekuasaan was written by Romli Atmasasmita with the aim of being a form of participation in bringing legal civilization in Indonesia so that it can be better and more advanced. In this book, the author elaborates on legal theory related to Pancasila, which is the state ideology as well as the source of all legal sources. The writing of the book Moral Pancasila, Hukum, dan Kekuasaan is addressed to all readers as well as the nation's generation who are interested in law and especially experts and legal apparatus. The writer hopes that this book can provide insight and invites to manage law in the field of natural and human resources efficiently, productively, and constructively because the legal situation depends on the people who run it. If the law is implemented correctly by the right person, the law will give a fair and correct result.

ANALISIS YURIDIS PENETAPAN WALI BADAN YG NGAWAS OLEH BHP DALAM RANGKA MELINDUNGI WEWENANG KEPERDATAAN ANAK (CONTOH PUTUSAN NOMOR: 0014/PDT.P/2015/PA.MN).

2019 ◽  
Vol 1 (2) ◽  
pp. 902
Author(s):  
Rhenal Cokronegoro ◽  
Mulati .
Keyword(s):  
The State ◽  
Human Beings ◽  
Rights Of The Child ◽  
The Law ◽  
The Right ◽  
The Guardian

Children are gifts from God Almighty that we must guard and that we must protect, because children are also human beings who have rights and dignity as human beings. One of the rights of the child is the right to enjoy the wealth of his parents, including inheritance. Many children whose parents experience problems, such as divorce or one or both parents die. In order for a child to do a legal act, he needs a guardian in carrying out legal actions. Guardians here have a function to represent all children's needs in carrying out legal actions. In guardianship, there is a guardian’s overseer whose function is to oversee the guardian in terms of managing the assets of the child, in this case is the Heritage Hall. The Heritage Hall has two functions, namely as guardians of supervisors in charge of guarding guardians, as well as temporary guardians. The problem here is that the Heritage Hall is not cared for by the community, so not all guardianship verdicts use the trustees in it. whereas the Law clearly stipulates that the Heritage Hall must be the trustee in every trusteeship order ordered in the State of Indonesia.

2. Interests in land

2020 ◽  
pp. 13-30
Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair
Keyword(s):  
Human Rights ◽  
Land Law ◽  
The People ◽  
The Law

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter explains how one person may have rights over land owned by another. It identifies the people who may have rights over Trant House—rights that could be enforced not only against Vernon, the fee simple owner, but also against anyone who acquires the property from him. The discussions cover interests in land; legal interests; equitable interests; legal and equitable interests compared; the multiplicity of rights; the classification of property; and human rights.

Frontiers of International Law, Part One: The Chechen People, Continued

1997 ◽  
Vol 10 (1) ◽  
pp. 16-20
Author(s):  
René Lefeber ◽  
David Raič
Keyword(s):  
Human Rights ◽  
International Law ◽  
Self Determination ◽  
Military Force ◽  
Right To Life ◽  
Customary International Law ◽  
Parent State ◽  
The People ◽  
The Law ◽  
The Right

We agree with André de Hoogh that the Chechens did not possess a right to external self-determination prior to the massive indiscriminate use oi military force by Russia in December 1994. At no point have we argued or suggested otherwise. Hence, up to December 1994, the Chechen claim did indeed not meet the conditions set by paragraph seven of the Friendly Relations Declaration. However, the Friendly Relations Declaration needs to be interpreted in view of usus and opinio iuris. In other words, one has to analyse how this paragraph has developed in customary international law. According to our analysis of the law of self-determination, the emergence of a right to external self-determination depends on two cumulative conditions, viz. 1) the serious and persistent violation of the right to internal self-determination and 2) the exhaustion of all total and international peaceful remedies by the people concerned to effectuate its right to internal self-determination. These conditions must be deemed fulfilled if the parent state seriously and massively violates the fundamental human rights and freedoms – in particular by an arbitrary violation of the right to life – of the persons belonging to the people concerned.

scholarly journals The State Responsibilities Relating to Human Rights Violations to The People with Stateless Persons Status in Rohingnya Crisis

2018 ◽  
Vol 7 (2) ◽  
pp. 154
Author(s):  
I Putu Dwika Ariestu
Keyword(s):  
Human Rights ◽  
The State ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Conceptual Approach ◽  
Citizenship Status ◽  
The People ◽  
The Right ◽  
Legal Consequences

Human Rights and the State could not be separated from one another. Both are interconnected in terms of how to ensure internal stability in a country. With the existence of human rights, it is hoped that state is not arbitrary to treat its people and is obliged to protect everyone in its territory including in this case Stateless persons mentioned in Article 7 paragraph 1 of the Convention relating Status of Stateless Persons in 1954. This study aims to analyze the obligations the State must take in relation to the protection of persons with stateless persons status, and to recognize the legal consequences and responsibilities of States in the event of omitting acts of human rights violations against people with stateless persons status. This paper using normative research methods with statute approach and conceptual approach. The study shows that in relation to the obligation of the state that each State shall be obliged to provide protection to persons with stateless persons status as stipulated in the 1954 Convention and the provisions of the International Human Rights Law, the obligations of state protection include the protection of the right to life, the right to employment and even the right to obtain citizenship status. The international legal consequences accepted by the state are listed in Article 39, Article 41, and 42 of the UN Charter. Then for state responsibility are listed under Article 35, Article 36, and Article 37 of UNGA 56/83 of 2001.   Hak Asasi Manusia dan Negara tidak bisa dipisahkan satu sama lain. Keduanya saling terkait dalam hal bagaimana menjamin stabilitas internal di suatu negara. Dengan adanya hak asasi manusia, diharapkan negara tidak sewenang-wenang memperlakukan rakyatnya dan berkewajiban melindungi semua orang di wilayahnya termasuk dalam hal ini para warga negara yang disebutkan dalam Pasal 7 ayat 1 Konvensi terkait Status Orang Tanpa Negara di tahun 1954. Tulisan ini bertujuan untuk menganalisis kewajiban yang harus diambil Negara sehubungan dengan perlindungan orang-orang dengan status orang tanpa kewarganegaraan, dan untuk mengakui konsekuensi hukum serta tanggung jawab negara dalam hal melakukan  tindakan pelanggaran hak asasi manusia terhadap orang-orang dengan status  tanpa kewarganegaraan. Tulisan ini menggunakan metode penelitian normatif dengan pendekatan perundang-undangan dan pendekatan konseptual. Hasil studi menunjukkan bahwa sehubungan dengan kewajiban negara bahwa setiap Negara wajib memberikan perlindungan kepada orang-orang dengan status orang tanpa kewarganegaraan sebagaimana diatur dalam Konvensi 1954 dan ketentuan-ketentuan Hukum Hak Asasi Manusia Internasional, kewajiban perlindungan negara termasuk perlindungan hak untuk hidup, hak untuk bekerja dan bahkan hak untuk mendapatkan status kewarganegaraan. Konsekuensi hukum internasional yang diterima oleh negara tercantum dalam Pasal 39, Pasal 41, dan 42 Piagam PBB. Kemudian untuk tanggung jawab negara tercantum di bawah Pasal 35, Pasal 36, dan Pasal 37 UNGA 56/83 tahun 2001.

scholarly journals LAW POLITIC OF ADMINISTRATIVE COURT JUDICATURE IN INDONEESIA

2019 ◽  
Vol 3 (1) ◽  
pp. 47
Author(s):  
Wahyu Mukti Beny Setiyawan ◽  
Fitriya Desi Wulandari
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal System ◽  
The State ◽  
The Rule Of Law ◽  
The People ◽  
The Law ◽  
Administrative Courts ◽  
Administrative Justice

Law politic present at the point of encounter between living realism and the demands ofidealism. Political law concerns on an ideal or hope, then there is a legal vision that is setin advance, then the form and content of the law are built to realize that vision. Theurgency existence of administrative justice in realizing the rule of law encourages thegovernment to establish a legal system in the field of administrative justice through theestablishment of Law Number 51986 about State Administrative Courts, which is thefoundation for the establishment of a State Administrative Court in Indonesia. In theexplanation of Law Number 5 of 1986 stated that the State Administrative Court was heldin order to provide protection to the people seeking justice, which felt themselves to beharmed by a State Administrative Decision. Principly, a country is expected to giveprotection for the human rights of its citizens

scholarly journals فلاحی ریاست میں عہدہ داروں کے چناؤکا معیار

2020 ◽  
Vol 38 (- 1) ◽  
Author(s):  
Abzahir Khan ◽  
Muhammad Ayub
Keyword(s):  
Welfare State ◽  
The State ◽  
Mutual Relationship ◽  
Human Beings ◽  
Collective Rights ◽  
Related Article ◽  
The People ◽  
The Individual ◽  
The Right ◽  
The Masses

State is the basic requisite of any coordinated and civilized nation. The state must exist for maintaining harmony, adherence to law and mutual relationship within a nation. Each and every nation has undergone diverse experiences with respect to the state. However, the approach of a welfare state is found is the present day era. The approach of such a welfare state guarantees all the individual and collective rights of a nation. The main focus of a welfare state is human and humanities. All its potentials have to ensure the survival, safety of human beings and safeguarding his life, property and honor.         A welfare state holds various institutions which for the good and welfare of the masses. in order to run various administrator bodies, it requires competent and skilled persons. These persons and individuals should be equipped with integrity, power to work, moderations, competence, skill and experience in the concern faculty, so that they may put the institutions on the right direction and the people could benefit always.  In the perspective of the related article the standard of selecting office bearers in a welfare state has been dealt with.

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