scholarly journals PEMBATASAN HAK ATAS INFORMASI ELEKTRONIK DALAM YURISDIKSI CYBERSPACE

2020 ◽  
Vol 1 (1) ◽  
pp. 44-54
Author(s):  
Muh Effendi
Keyword(s):  
Virtual World ◽  
Legal Protection ◽  
Public Order ◽  
Electronic Information ◽  
The Public ◽  
State Security ◽  
Use Of Technology ◽  
Right To Information ◽  
The Right ◽  
Thesis Writing

Writing this thesis aims to find out the form of legal protection and restrictions on the right to information that can be done in cyberspace. Because of the rapid advances in technology, there are also more problems that arise from this virtual world, this is the background of this thesis writing because it is very important to know what can and should not be done according to laws governing the world this virtual. Some countries, including Indonesia, restrict the right to electronic information, although this kind of regulation, both formally and materially, is contrary to the rights of individuals to privacy and information, but there are other people's rights that also need to be protected and state security that must be protected. The birth of law number 11 of 2008 which was revised to law number 19 of 2016 is clear evidence of the limitation of the right to information in Indonesia, because Indonesia upholds human rights but with this law Indonesia also aims to maintain security or country stability. The conclusion reached is: that the state protects the right to information and the use of technology but is also obliged to protect the public interest from all kinds of disturbances arising from misuse of information, especially through electronic media that disturb public order, or so-called jurisdiction.

scholarly journals THE PROTECTION OF ISLAM FROM RELIGIOUS INSULT IN THE CONTEXT OF FREEDOM OF EXPRESSION

2017 ◽  
Vol 5 (2) ◽  
pp. 1-23
Author(s):  
Adzidah Yaakob ◽  
‘Ainun Syafiqah Rajuddin
Keyword(s):  
Islamic Law ◽  
Freedom Of Expression ◽  
Legal Protection ◽  
Public Order ◽  
Human Right ◽  
The Public ◽  
The World ◽  
International Human ◽  
The Right

The purpose of this study is to examine the nature of freedom of expression from three perspectives of laws, namely, international human right law, Malaysian law as well as Islamic law, and its relation in protecting religion of Islam from religious insult. The study argues that there ought to be a legal protection equipped to religion in order to protect religion from being insulted and indirectly to maintain the peace and the public order in the world. The protection cannot be viewed as violation to the freedom of expression but it shall be viewed as one of restrictions to the freedom of expression because no right or freedom is absolute. The findings indicate that the protection to religion from religious insult has never been regarded as a necessary because it clashes with the freedom of expression. Lastly, the study concludes with recommendations on how to strike a balance between the freedom of expression and the right to have religion to be protected as well as a proposal to develop an international anti-blasphemy law protecting all religions and beliefs. By implementing these methods, religion of Islam can be protected from religious insult and peoples can no longer invoke their freedom of expression as an excuse.

The Right to Information in India Implementation and Impact

2015 ◽  
Vol 2 (1) ◽  
pp. 17
Author(s):  
_______ Naveen ◽  
_____ Priti
Keyword(s):  
Public Life ◽  
Public Authorities ◽  
The Public ◽  
Know How ◽  
The People ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
The Impact

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.

Police Powers and Public Meetings

1937 ◽  
Vol 6 (2) ◽  
pp. 175-181
Author(s):  
E. C. S. Wade
Keyword(s):  
Search And Seizure ◽  
Public Order ◽  
The Public ◽  
Police Powers ◽  
The Past ◽  
Public Meetings ◽  
Police Action ◽  
The Right ◽  
First Time

Apart from the passage through Parliament at the end of last year of the Public Order Act, the Courts have in the past few years interpreted police powers on several occasions in the direction of restricting liberty. No excuse is therefore required for examining once again in this Journal a topic, one aspect of which was discussed in the last number. The case of Elias v. Pasmore [1934] 2 K. B. 164 raised important questions as to the right of the police to search premises in the course of making an arrest on a warrant. That case recognized for the first time the validity on such an occasion of a search, which resulted in the discovery of documents (not being documents in the possession of the person named in the warrant) containing evidence of an offence committed by any person, even though the search and seizure were illegal as regards other documents discovered on that occasion. This protection for police action only extends to the actual documents which are evidence of the commission of a crime; but it matters not that the crime is one alleged to have been committed by some one other than the person in the course of arresting whom the search is being made.

scholarly journals Sharia Hisba and public lawsuit: An original study comparing Sharia and Libyan law

2021 ◽  
Vol 10 (1) ◽  
pp. 150
Author(s):  
Salem Salem Juber ◽  
Muhammad Awad Saker
Keyword(s):  
Original Study ◽  
The State ◽  
Public Order ◽  
Public Prosecution ◽  
The Public ◽  
Case System ◽  
Institutional System ◽  
The Individual ◽  
The Right ◽  
Coherent Body

The Sharia Hisba is an integrated Islamic system of pillars and construction whose theme is enjoining good and forbidding evil, and aims at stabilizing societies and the supremacy of virtue and high morals in it, and rejecting vice and bad morals from it. The legal public prosecution system is an accusatory system that seeks to safeguard the right of the state and the right of the individual to the public order to ensure a society free from apparent crimes, and a regular picture of the state and individuals is formed in a coherent body without chaos. The Hisba system is a symbiotic social system that moves through the community’s control of the community, while the public case system and its tools from the Public Prosecution and other institutions is a deterrent institutional system that moves in the light of the law and deals in accordance with its principles and limits.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

Silence with caution: The right to silence in police investigations in Belgium

2021 ◽  
pp. 203228442110283
Author(s):  
Ashlee Beazley ◽  
Fien Gilleir ◽  
Michele Panzavolta ◽  
Joëlle Rozie ◽  
Miet Vanderhallen
Keyword(s):  
Case Law ◽  
Public Prosecutor ◽  
Criminal Proceedings ◽  
The Public ◽  
Digital Devices ◽  
Police Investigations ◽  
Right To Silence ◽  
Right To Information ◽  
Definition Of ◽  
The Right

This article is about the right to remain silent within Belgium. Although the right has always been considered applicable, both the courts and parliament have historically demonstrated a disinclination to define or engage with this. The right to silence is now formally recognised in the Belgian Code of Criminal Procedure, albeit with the classic distinction between those who are not (yet) accused of a crime and those who are formal suspects: while all enjoy the right not to incriminate themselves, only formal suspects in Belgium enjoy the explicit right to remain silent. Accordingly, whilst no one may be obliged to assist with their own conviction or be forced to co-operate with the authorities, it remains unclear how far the right not to cooperate effectively stretches. The case law seems to be moving, albeit slowly, in the direction of confining this right within narrower borders, particularly by excluding its applicability with regard to the unlocking and decryption of digital devices. This is not, however, the only idiosyncrasy concerning the right to silence in Belgium. Among those also addressed in this article are: the lack of caution on the right to remain silent given to arrested persons immediately following their deprivation of liberty (an absence striking for its apparent breach of Directive 2012/13/EU on the right to information in criminal proceedings); the possible inducement to breach the right to silence via the discretionary powers of the public prosecutor to offer a reduction or mitigation in sentence; the obscurity surrounding the definition of ‘interrogation’ and the consequences of this on both the caution and the obtaining of statements; and the extent to which judges can draw adverse inferences from the right to silence. The question remains: is the right to silence currently protected enough?

Social Mobilization for Public Accountability

2019 ◽  
pp. 136-150
Author(s):  
Kuldeep Mathur
Keyword(s):  
Civil Society ◽  
Social Movement ◽  
Public Domain ◽  
Social Mobilization ◽  
Democratic Accountability ◽  
Public Authorities ◽  
The Public ◽  
Adequate Information ◽  
Right To Information ◽  
The Right

This chapter examines administrative accountability through the democratic pillar of public transparency. One of the pillars of democratic accountability is the availability of adequate information in the public domain about the functioning government. It has taken a social movement for transparency in government to establish people’s right to information through the passage of the Right to Information Act in 2005. However, traditional administration has not reconciled to its demands and PPPs are kept out of its purview on the plea that they are not public authorities. The Lok Pal (ombudsman) Bill has been passed in response to another struggle of civil society.

scholarly journals The Effectiveness of Hospital Accreditation Implementation as a Protection Effort on Patient Information Rights

2018 ◽  
Vol 54 ◽  
pp. 03014
Author(s):  
Anggraeni Endah Kusumaningrum
Keyword(s):  
Improve Patient Safety ◽  
Legal Protection ◽  
Good Health ◽  
Hospital Services ◽  
Hospital Accreditation ◽  
Complex Organization ◽  
Right To Information ◽  
The Right ◽  
The Cost

This paper aims to analyze the effectiveness of the implementation of hospital accreditation in an attempt to provide legal protection of the right information of patients in hospital. The right to information stated on Article 7 and Article 8 of Law No. 36 of 2009 on Health as well as the shortcomings and advantages of health services. Along with the increasing awareness of the community to get good health service, raises the attitude of the critical patient. Patients no longer hesitate to ask the alternative treatment they will receive, whether in accordance with the cost incurred. The hospital is a complex organization because it is capital-intensive, energy, technology and various issues, covering the fields of law, economics, ethics, human rights, technology, and others with different principles and perspectives. The complexity of services in hospitals requires quality assurance and hospital service safety in the form of accreditation. Hospital accreditation is an acknowledgment given by an independent accrediting institution related to the assessment of the fulfillment of quality standards of hospital services on an ongoing basis. Therefore an accredited hospital is expected to effectively improve the quality of its services to their patients. The increased quality of hospital services will certainly improve patient safety and provide protection for patients.

Can an Open Access Approach be the Solution to Better Implementation of the Right to Information Act in Bangladesh?

2018 ◽  
Vol 19 (1) ◽  
pp. 45-68
Author(s):  
Harold Sougato Baroi ◽  
Shawkat Alam ◽  
Carlos Bernal
Keyword(s):  
Information Disclosure ◽  
Social Economic ◽  
Government Information ◽  
The Public ◽  
Government Services ◽  
Implementation Approach ◽  
The Social ◽  
Access Information ◽  
Right To Information ◽  
The Right

Legal implementation has always been a challenge in Bangladesh. The Right to Information Act 2009 (the RTI Act) was introduced in Bangladesh with the objective of ensuring people’s access to government information for improving accountability and empowering people to participate in decisions that shape the social, economic, and political aspects of their lives. However, this article suggests that there has been no significant improvement in accessing government information despite the enactment and the strategies for the implementation of the RTI Act. Most citizens are unaware of their legal entitlements to seek and receive information. Only a small number of applications have been registered with public offices since the RTI Act was introduced in 2009. The article argues that one of the main reasons behind the lack of improvement is that the chosen implementation approach fails to engage the public to exercise their right to access information related to government services. This article claims that a proactive and deliberative approach to information disclosure is a much better alternative to the current scheme for implementing the RTI Act.

Legal protection in psychiatry. The jurisprudence of the organs of the European convention of human rights

1998 ◽  
Vol 13 (S3) ◽  
pp. 101s-106s ◽  
Author(s):  
AM Dougin
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Psychiatric Hospitals ◽  
Case Law ◽  
European Convention ◽  
Right To Information ◽  
The Right

SummaryThe European Convention of Human Rights recognises a certain number of rights and freedoms for persons within States' jurisdiction. For those confined in psychiatric hospitals, this legal protection concerns first of all the lawfulness of deprivation of liberty, which must conform to the conditions laid down by the Convention as interpreted by the case-law of the Convention organs (the Commission and Court of Human Rights). The Convention also guarantees to person deprived of their liberty further rights: the right to information, the right to appear before a court, the right to compensation and also the right to the respect of privacy and correspondence.

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