scholarly journals Human Rights Concerns in Indonesia’s Counterterrorism Policies: The Emergence of a Domestic Security Dilemma in Indonesia’s Densus 88 Security Posture

2020 ◽  
Vol 9 (6) ◽  
pp. 206
Author(s):  
Bama Andika Putra
Keyword(s):  
Human Rights ◽  
Community Organization ◽  
Legal Rights ◽  
Human Rights Violations ◽  
Security Dilemma ◽  
Domestic Security ◽  
The Government ◽  
Extrajudicial Killings

The counterterrorism policies of Indonesia have led the community to perceive the government as both protectors of human rights, but fear possible oppressions at the same time. The recorded figures of human rights violations, including extrajudicial killings, torture, and the dismissal of legal rights for individuals suspected as terrorists, have led to the construction of fear and insecurity among the Indonesian people of the state’s approach to counterterrorism. Employing the concept of ‘Domestic Security Dilemma’ developed by Field in 2016, this article argues that; (1) Detachment 88’s coercive methods in counterterrorism have led to human rights oppression and the construction of fear and insecurity among Indonesian citizens, and (2) the emergence of a ‘Domestic Security Dilemma’ due to the growing discourse of Detachment 88’s dismissal initiated by individuals and Islamic community organization in Indonesia.

Human Rights Status in Nigeria Since Obasanjo’s Second Coming

2018 ◽  
pp. 456-472
Author(s):  
Idayat Hassan
Keyword(s):  
Human Rights ◽  
Military Regime ◽  
Human Rights Violations ◽  
Human Rights Abuses ◽  
Military Regimes ◽  
The Government ◽  
The Military ◽  
Extrajudicial Killings ◽  
Government Security ◽  
Second Coming

The departure in 1999 of the military regime in Nigeria restored hope for human rights that was grossly abused by successive military regimes. Regrettably, after eighteen years, it is not yet uhuru for Nigerians. Human rights violations remain rife. Particularly worrying is the government security operatives’ abuse of rights with the resultant casualties. Security agencies have been repeatedly accused of extensive human rights abuses and extrajudicial killings. The number of incidents of human rights violations in Nigeria’s democracy has become a major concern. More disconcerting is that the justice sector has not effectively addressed the issue, largely due to the disregard of lawful processes and orders by the Nigerian state and its machinery. This chapter sets out to analyze and highlight the patent issues of human rights.

American and Canadian Civil Actions Alleging Human Rights Violations Abroad by Oil and Gas Companies

2008 ◽  
Vol 45 (3) ◽  
pp. 653 ◽  
Author(s):  
Jonathan Horlick ◽  
Joe Cyr ◽  
Scott Reynolds ◽  
Andrew Behrman
Keyword(s):  
Human Rights ◽  
Oil And Gas ◽  
The United States ◽  
Human Rights Violations ◽  
Law Of Nations ◽  
Forum Non Conveniens ◽  
The Government ◽  
Oil And Gas Companies ◽  
Political Question ◽  
The U.S

Under the United States Alien Tort Statute, which permits non-U.S. citizens to bring lawsuits in U.S. courts for human rights violations that are violations of the law of nations, plaintiffs have filed claims against multinational oil and gas corporations for the direct or complicit commission of such violations carried out by the government of the country in which the corporation operated. In addition to exercising jurisdiction over U.S. corporations, U.S. courts have exercised jurisdiction in cases involving non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside the U.S.The exercise of jurisdiction by U.S. courts over non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside of the U.S. raises serious questions as to the jurisdictional foundation on which the power of U.S. courts to adjudicate them rests. Defences that foreign defendants can raise against the exercise of jurisdiction by the U.S. courts are an objection to the extraterritorial assertion of jurisdiction, the act of state doctrine, the political question doctrine, forum non conveniens, and the principle of comity. These defences are bolstered by the support of the defendant’s home government and other governments.

scholarly journals Perlindungan Hak Asasi Manusia terhadap Narapidana Narkotika Sebagai Warga Binaan Pemasyarakat Menurut Undang-Undang Nomor 12 Tahun 1995 Tentang Pemasyarakatan

Wajah Hukum ◽  
2019 ◽  
Vol 3 (2) ◽  
pp. 192
Author(s):  
Sigit Somadiyono ◽  
Nella Octaviany Siregar
Keyword(s):  
Human Rights ◽  
Daily Life ◽  
Correctional Officers ◽  
The State ◽  
Human Rights Violations ◽  
Daily Lives ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
The Government

This research specifically discusses the human rights of prisoners as prisoners in prison, which in their daily lives must be respected, upheld and protected by the state, the law (in this case the Penitentiary Act to be in line with the Human Rights Act), the government through the apparatus is correctional officers and fellow inmates. Prisoners in their daily life can make mistakes and lives that are in contact with human rights violations. The object of this research is the human rights of inmates as prisoners in prison (WBP). The formulation of the problems in this study are (1) How are the human rights protection arrangements for prisoners in prison according to Law Number 12 of 1995; and (2) How is the implementation of human rights protection for narcotics prisoners in prison in East Tanjung Jabung Regency. This study uses Law Number 12 of 1995 Concerning Corrections and other derivative regulations. The results showed that there were differences in the implementation of human rights protection for prisoners with Law Number 12 of 1995 Concerning Corrections. 

scholarly journals The role of african court on human and peoples’ rights protection: the case of libyan crises

2019 ◽  
Vol 6 (3) ◽  
pp. 213-222
Author(s):  
Getahun Kumie Antigegn
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Qualitative Methodology ◽  
Human Rights Violations ◽  
Court Decisions ◽  
Humanitarian Law ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
The Government

The emergence of regional human rights systems depicts one of the greatest achievements in the internationalization of human rights. The foundation of the charter paved the way for the birth of the court thereafter. The African Court is established by virtue of the 1998 protocol to the Charter and the court is built upon an arsenal of protective and remedial techniques. The establishment of the court has reset the stage and created a new platform for the protection of human rights in Africa. The cardinal objective of the paper is to investigate the role of African Court on human and Peoples’ rights protection in Libya Crises taking the case of Saif Al Islam Gaddafi. The paper has utilized qualitative methodology. The government of Libya responded with brutal force against civilian protesters in contravention of international human rights and humanitarian law. The security force of the government of Libya killed many protesters as well. This situation intensified human rights violations and enforced many of the peoples to displace. The court issued an important ruling in March 2011, ordering provisional measures against Libya in the armed conflict in its territory. Libya government denied the claims of human rights violations in its territory and showed its willingness to subject itself to criminal investigations by the Court if necessary. The issue of the fund, independence, commitment and competence of judges to interpret mandate and jurisdiction, the willingness of the states to support and to abide by court decisions, and powers of the concerned body to enforce court decisions hampered the court from being effective. Generally, African States act in good faith with respect to the decisions of the African Human Rights Court, the court becomes more import.

scholarly journals IMPLEMENTASI PRINSIP KEBEBASAN BERAGAMA DAN BERKEYAKINAN DI INDONESIA (Studi Kasus: Tanggung Jawab Negara dalam Konflik Sampang, Madura)

2017 ◽  
Vol 4 (1) ◽  
pp. 91
Author(s):  
Rizky Adi Pinandito
Keyword(s):  
Human Rights ◽  
The State ◽  
Religious Conflict ◽  
Freedom Of Religion ◽  
State Responsibility ◽  
Human Rights Violations ◽  
Government Officials ◽  
Security Forces ◽  
The Government

The purpose of this study is to explain in depth how the responsibility of the state c.q Government of Indonesia against violations of the principle of freedom of religion in the case of Sampang, Madura. The method of approach used in this research is normative juridical in discussing the issue of implementation of protection and guarantee to freedom of religionand belief which is regulated in constitution and Indonesian legislation system and how state responsibility to religious conflict happened in Sampang, Madura, Jawa East. The results of the research conducted in the case of Sampang are, the security forces do not act or do omission(omission) in the event of riots. In addition, the government’s attitude that provoked provocation was shown by the MUI who issued a decree stating that the Shia taught by Tajul Muluk is heretical. The State should (in this case the Police) take precautions. Therefore, the State c.q The Government of Indonesia is obliged to provide compensation, restitution and rehabilitation to victims of human rights violations as well as to give legal assertiveness to all perpetrators of riots including government officials who allow the riots of human rights violations

Revisiting the Causal Links between Economic Sanctions and Human Rights Violations

2020 ◽  
pp. 106591292094159
Author(s):  
Ryan Yu-Lin Liou ◽  
Amanda Murdie ◽  
Dursun Peksen
Keyword(s):  
Human Rights ◽  
Economic Sanctions ◽  
Human Rights Violations ◽  
National Data ◽  
Human Rights Abuses ◽  
Mediating Role ◽  
Government Capacity ◽  
Causal Mediation Analysis ◽  
The Government ◽  
Cross National

There is some consensus in the literature that economic sanctions might prompt more human rights abuses in target countries. Yet, the causal mechanisms underlining the sanctions–repression nexus remain little understood. Using causal mediation analysis, we examine the processes through which sanctions might deteriorate human rights conditions. We specifically propose two indirect mechanisms driving human rights violations: increased domestic dissent and reduced government capacity. Sanctions are likely to trigger domestic dissent, and this instability would further induce the government to employ repression. Reduced government capacity caused by sanctions will harm the government’s ability to screen and oversee its security agents, which would subsequently lead to increased human rights abuses. Results from a time-series, cross-national data analysis indicate that sanctions-induced dissent, particularly violent dissent, plays a significant mediating role in the sanctions–repression link. Likewise, we find strong evidence that diminished fiscal capacity triggered by sanctions is likely to result in more repression. There is also some modest evidence that corruption as a proxy for poor governance mediates the sanctions–repression relationship.

scholarly journals Reframing Indigenous Territories: Private Property, Human Rights and Overlapping Claims

2014 ◽  
Vol 38 (4) ◽  
pp. 3-28 ◽  
Author(s):  
Brian Thom
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Private Property ◽  
Indigenous Rights ◽  
The State ◽  
Human Rights Violations ◽  
The Core ◽  
Indigenous Territories ◽  
The Government ◽  
Government Of Canada

This paper considers the implications of the powerful "overlapping territories" map produced by the government of Canada in its attempt to refute human rights violations charges brought by Hul'qumi'num Treaty Group at the Inter-American Commission on Human Rights. The map is at the core of Canada's defense in that it suggests that overlapping indigenous territories negate claims of exclusivity over the land and therefore any kind of obligations the state may have in respect of human or other indigenous rights in those lands. Revealing the limits of cartographic abstractions of indigenous spatialities, as well as the perilous stakes for indigenous peoples when engaging in conventional discourses of territoriality, these issues have broad significance.

scholarly journals Les droits de la personne et la politique étrangère canadienne : le cas de l’Indonésie

2005 ◽  
Vol 11 (2) ◽  
pp. 223-238 ◽  
Author(s):  
Kim Richard Nossal
Keyword(s):  
Human Rights ◽  
International System ◽  
Political Prisoners ◽  
Human Rights Violations ◽  
Policy Action ◽  
General Observation ◽  
Trade Offs ◽  
Canadian Foreign Policy ◽  
The Government

Margaret Doxey has argued that there exists a "rhetoric gap" between the lofty pronouncements of Canadian governments on the question of human rights violations by other governments in the international System and the actions of the Canadian government. This paper argues that specific external constraints will hamper any attempt by governments in Ottawa to transform the rhetoric of official statements into direct policy action. This paper examines Indonesian-Canadian relations during the 1970s as a case study, and concludes that economic, strategic and diplomatic imperatives and interests proved more compelling than concerns over the treatment of political prisoners by the government of General Suharto, or concerns over the Indonesian invasion of Timor. The specific case study suggests a more general observation about human rights and Canadian foreign policy : that where trade-offs must be made, economic and diplomatic interests will tend to prevail over concerns about human rights violations.

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