scholarly journals Covid-19 Vaccination: Rights or Obligations?

SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 430
Author(s):  
Vica Jillyan Edsti Saija
Keyword(s):  
Human Rights ◽  
Research Method ◽  
Herd Immunity ◽  
The State ◽  
Human Right ◽  
The Public ◽  
Indonesian Government ◽  
State Constitution ◽  
The Republic

In responding to the pandemic due to the coronavirus, the Indonesian government requires the public to carry out vaccinations in order to prevent the spread of the coronavirus and establish herd immunity. This instruction contradicts that health is a form of human right that cannot be enforced. Therefore, this paper wants to examine whether COVID-19 vaccination in the midst of an pandemic situation is a form of human right or obligation. The research method used in this paper is a normative method, and the results of this paper indicate that the covid-19 vaccine during an pandemic period can be categorized as a form of human obligation for everyone based on the obligation to respect the human rights of others as stated in the State Constitution. The Republic of Indonesia in 1945.

scholarly journals Implikasi Pencegahan ke Luar Negeri bagi WNI yang Terlibat Persoalan Hukum berdasarkan Perspektif Hak Asasi Manusia

2021 ◽  
pp. 165-183
Author(s):  
Rachman Maulana Kafrawi ◽  
Bambang Ariyanto ◽  
Kamarudin
Keyword(s):  
Human Rights ◽  
Research Method ◽  
The State ◽  
Legal Research ◽  
State Constitution ◽  
The Law ◽  
The Republic

The function and role of Indonesian immigration is to prevent, as a traffic controller people enter or leave the territory of the Republic of Indonesia in accordance with what is stated in the Law Law of the Republic of Indonesia Number 6 of 2011 concerning Immigration. This legal research focused on knowing the implications of prevention abroad for Indonesian citizens abroad based on a human rights perspective. The research method used is normative juridical. This research concludes that the regulations in Indonesia which regulate the prevention of Indonesian citizens abroad is in accordance with the values and norms contained in the in the state ideology, namely Pancasila and the state Constitution, namely the 1945 Constitution prevention carried out by immigration officers to people suspected of being involved in cases The law that will go outside the territory of the Indonesian state is in accordance with the applicable rules. Then related to prevention, it is also not a form of limiting human rights, because human rights are Indonesia is a human rights balance with its human obligations as a member of society. The use of human rights in Indonesia cannot be carried out without paying attention to human rights obligations, in other words, human rights cannot be used absolutely.

Basic Income as a Human Right?

2019 ◽  
pp. 541-552
Author(s):  
Daniel J. Hemel
Keyword(s):  
Human Rights ◽  
Public Goods ◽  
The State ◽  
Human Being ◽  
Basic Income ◽  
Human Right ◽  
Global Commons ◽  
The Public ◽  
The Individual ◽  
The Relationship

This chapter suggests a human rights–based justification for national basic income schemes, contrasting it with justifications based on welfarist principles or notions of entitlement to a share of the global commons. Starting from the premise that a state is a collective enterprise that generates a surplus, it contends that any human being who is an “obedient” member of that state has a right to some share of the surplus. That right—which arises from the relationship between the individual and the state, and is independent of need—could justify the entitlement to a basic income. Such income should be provided in cash, not in kind, because the latter risks depriving the individual of the enjoyment of his share of the surplus—in effect, forcing him to forfeit or transfer it to others if he does not use the public goods or services provided by the state.

scholarly journals Freedom of the Press In the Scope of Human Rights

Rechtsidee ◽  
2014 ◽  
Vol 1 (1) ◽  
pp. 101
Author(s):  
Sri Ayu Astuti
Keyword(s):  
Human Rights ◽  
Public Space ◽  
Freedom Of Expression ◽  
The State ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
News Production ◽  
The Public ◽  
The Press ◽  
The Republic

Freedom of expression and press freedom is the embodiment of the recognition of human rights. Freedom of expression is also the existence of press to disclose the news with honesty and do not get a pressure to deliver the news to the public space, which in news production is known as a work of journalism. Now the  press has gained freedom of expression in the news production process which is guaranteed in the state constitution. Although Article 28 of the Constitution of the Republic of Indonesia 1945 does not point directly at the press, However, Article 28 F emphasis on processing and storage as well as ownership, excavations to information. It also contains provisions on the freedom of expression of others, which should be valued and respected. It shows equality for everyone in his position before the law in accordance with Article 27 1945 Constitution, which emphasizes the recognition of constitutional rights that belong to every person in the state of law in the Republic of Indonesia. Thus the press, which have freedom of expression in the writings of journalistic works are required to be responsible for the published news. So as not to face the legal issues and criminalization, then press should perform tasks and functions to enforce ethics as the precautionary principle when processing the news and broadcast it to the public space, as well as upholding human rights. How To Cite: Astuti, S. (2014). Freedom of the Press In the Scope of Human Rights. Rechtsidee, 1(1), 101-118. doi:http://dx.doi.org/10.21070/jihr.v1i1.96

scholarly journals Artikel PPKN

2021 ◽  
Author(s):  
cevi aprilia prasetyawati
Keyword(s):  
Human Rights ◽  
The State ◽  
Human Right ◽  
The Public ◽  
Human Needs ◽  
Social Wellbeing ◽  
Basic Human Needs

Health is a state of complete physical,mental and social wellbeing that enables everyoneto people live socially productive lives. Health is one of the basic human needs,therefore health is a right for every citizen protected by law.The purpose of this writing is to inform the public recarding human rights in health.Result of in this discussion there are human right in health and the responsibility of the state towards human rights.

scholarly journals HAK ASASI MANUSIA VERSUS PIDANA MATI

2021 ◽  
Author(s):  
Boni Suparto Wuarlela
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Death Penalty ◽  
Research Method ◽  
Secondary Data ◽  
The State ◽  
Right To Life ◽  
Human Right ◽  
Justice Process ◽  
Criminal Justice Process

Human Rights are the basic rights of every human being as God's creatures who are equal to one another. The application of the death penalty by the state through a court decision means that the state revokes the convict's right to life which is an unlimited human right. Therefore, its implementation must take into account the rights of the convict. The purpose of this paper is to find out whether the imposition of the death penalty for criminals is against human rights. What are the criteria for imposing the death penalty for perpetrators of crimes that do not conflict with human rights? The method used is a normative research method using secondary data. It can be concluded that the imposition of the death penalty is against human rights. However, in its application, it can be justified on the grounds of defending human rights and only for crimes that go beyond humanity and damage human civilization. The implementation of the criminal justice process must be transparent and fair.

scholarly journals THE PURSUIT OF HAPPINESS AS A UNIVERSAL HUMAN RIGHT

2021 ◽  
Author(s):  
Bojana HAJDINI ◽  
◽  
Ada GUVEN ◽  
Keyword(s):  
Human Rights ◽  
Key Words ◽  
The State ◽  
Public Institutions ◽  
Pursuit Of Happiness ◽  
Human Right ◽  
The Public ◽  
Institutional Resources

The article aims to give a brief review of the concept of the pursuit of happiness, its’ meaning and the role of individuals and the state that can contribute to the achievement of individual happiness by providing the legal, financial, and institutional resources. Further the article analyze the first constitutions that specifically foreseen the pursue of happiness in their provisions and argued that constantly remind the public institutions of the intentions in respecting the natural, unalienable, and sacred human rights that are necessary for the maintenance of order and the happiness of all. In the last part of the article we have studied some of the modern European constitutions and concluded that in difference from the Declarations of two centuries before, the term of happiness has been replaced with a list of rights that implicitly oblige governments to secure to all of its’ citizens extended quality of happiness. Key words: pursuit of happiness, human rights, constitution

Insentif Pajak terhadap Sumbangan Covid-19 dari Perspektif Relasi Hukum Pajak Indonesia dengan Hak Asasi Manusia

2020 ◽  
Vol 2 (2) ◽  
pp. 184
Author(s):  
Muhammad Syukur
Keyword(s):  
Human Rights ◽  
Income Tax ◽  
Present Report ◽  
National Development ◽  
Economic Security ◽  
The State ◽  
Public Health Approach ◽  
The Public ◽  
The Republic ◽  
The Government

The Covid-19 pandemic is a transnational threat that requires a global response, but the outbreak has laid bare divergent national approaches to exposed broader structural weaknesses in the governance system. The challenges of governance of the state amidst the Covid-19 pandemic is not only on the public health approach but also must face the risk of economic recession. In the present report, the government of the Republic of Indonesia has taken anticipation steps to prevent and overcome Covid-19 through legislation which is then implemented to the public. The focus of this paper is to review how the Republic of Indonesia maintains national economic resilience using the Indonesian tax law approach. Income tax is part of tax classification in Indonesia has rights and obligations attached to the state as well as taxpayers. With using the doctrinal legal research method, this papers analyze the perspective of the Republic of Indonesia's tax laws on opportunities for corporate taxpayers to get incentives in their income tax because they have contributed to the need to overcome the pandemic Covid-19 and explained the relationship between human rights and taxes on the case. As the papers make clear, the tax revenue paradigm is considered important because it impacts on economic security and national development. The government must be careful in carrying out taxation policies by considering the economic conditions of democracy, globalization, and the synergy of the center and the regions as long as the Covid-19 pandemic continues. Human rights and taxes are related to the realization of the right to the social-economic and social justice in society because Indonesia taxes has rights and obligations attached to the state as well as taxpayers.

scholarly journals KONSTITUSIONALITAS TANGGUNG JAWAB NEGARA DALAM MELINDUNGI PEMBELA HAK ASASI MANUSIA

2021 ◽  
Vol 6 (1) ◽  
pp. 63
Author(s):  
Adi Purnomo Santoso ◽  
Dina Liliyana
Keyword(s):  
Human Rights ◽  
State Government ◽  
Research Method ◽  
The State ◽  
Constitutional Democracy ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Environmental Human Rights ◽  
The Republic

<p><em>After the amendment of 1999-2002, the Constitution of the Republic of Indonesia 1945 (UUD NRI 1945) as the constitution has contained material or substance more complete to the protection of human rights (human rights) than before the amendment. This is however a commitment of the state to qualify the existence of Indonesia as a state of Pancasila law that embraces constitutional democracy. In the epicentre of human rights protection, including how the state's responsibility in protecting human rights defenders. However, in contrast to what is regulated in the text of the constitution, in practice as revealed in the report of the Institute for Public Studies and Advocacy (ELSAM) noted that during 2019, there have been 27 cases of violence against environmental defenders with the spread of cases reaching 14 provinces and 24 districts and resulted in 127 individuals and 50 groups of Environmental Human Rights Defenders being victimized. This study aims to describe and review how the responsibility of the state in protecting human rights defenders constitutionally. The research method used is normative research with qualitative analysis approach, where data collection is done through literature studies. The result of this research is that Indonesia as the state of Pancasila law has constitutionally mandated the state (government) to specifically protect human rights defenders. By protecting human rights defenders, the state is not only implementing the constitution as the substance of living law, but also as an effort to promote universal human dignity and dignity.</em></p>

Implementation of the Child Identity Card Policy in Bandung Regency

2019 ◽  
Vol 15 (1) ◽  
Author(s):  
Rodlial Ramdhan Tackbir Abubakar
Keyword(s):  
Public Policy ◽  
Policy Implementation ◽  
Research Method ◽  
The Public ◽  
Implementation Model ◽  
Edward Iii ◽  
Identity Card ◽  
Descriptive Approach ◽  
The Republic ◽  
Identity Cards

Previously, Indonesia only issued Identity Cards for citizens who had reached the age of 17 years. However, after the presence of a new policy from the Interior Ministry of the Republic of Indonesia contained in the Republic of Indonesia Minister of Home Affairs Regulation Number 2 concerning Child Identity Cards, now Indonesian citizens who are less than 17 years old can have an identity card in the form of a Child Identity Card. The main problem in this research are the limitations of blanks and need additional personnel to improve services, especially in the context of issuing child Identity Cards. Besides, the realization of the issuance of child identity cards still far from the target and socialization to the public has not been conveyed in its entirety.. This study aims to examine how the implementation of Child Identity card in Bandung Regency. The research method used is qualitative with descriptive approach. This research is presented by using a narrative that discusses the implementation of child identity card policies in Bandung Regency. The focus of this research emphasizes the implementation model of Edward III covering communication, resources, disposition, and bureaucratic structure. The result of the research shows that implementation of Child Identity card in Bandung Regency has run optimally.Keywords : Public Policy; Policy Implementation; Identity CardAfandi, Warjio.2015. Implementasi Peraturan Daerah Kabupaten Asahan Nomor 11 Tahun 2011 tentang Pajak Daerah dalam Pencapaian Target Pajak Bumi dan Bangunan Perdesaan dan Perkotaan. Jurnal Administrasi Publik.Vol. 6, Nomor 2Afrizal. 2017. Pelaksanaan Kebijakan Pembuatan Kartu Identitas Anak di Kota Bandar Lampung. Universitas LampungAryanti. 2014. Implementasi Kebijakan Kependudukan Di Kabupaten Kuantan Singingi (Studi Kasus Pengurusan Akta Kelahiran Tahun 2012). Jurnal Online Mahasiswa FISIP. Vol. 1, Nomor 2, Halaman 2.Dwitamara. 2013. Pengaturan dan Implementasi Mengenai Hak Anak. Jurnal Hukum. Vol.18, Nomor 2, Halaman 1.Edwards III. 1980. Implementing Publik Policy. Congresinal. Quartely pressErdani, Indarja, Harjanto. 2017. Pelaksanaan Peraturan Menteri Dalam Negeri Nomor 2 Tahun 2016 Tentang Kartu Identitas Anak di Kota Semarang. Diponegoro Law Journal. Vol.6, Nomor 2, Halaman 2.  Hafrida. 2016. Perlindungan Hukum Anak. Jurnal Ilmu Hukum, Ragam Jurnal. Vol. 7 Nomor 2, Halaman 1Monica, Noak, Winaya. 2015. Implementasi Kebijakan Kartu Tanda Penduduk Elektronik (E-Ktp) Studi Kasus di Kecamatan Denpasar Utara Provinsi Bali. Citizen charter journal. Vol.1 Nomor 2, Halaman 3.Muh. 2018. Respon Orang Tua Terhadap Kartu Identitas Anak. Universitas Islam Negeri Sunan Kalijaga YogyakartaMustafa, Syahbandir. 2016. Penggunaan Diskresi oleh Pejabat Pemerintah untuk Kelancaran Penyelenggaraanpemerintahan Daerah. Jurnal Magister Ilmu Hukum, 4(2)Nugroho. 2009. Public Policy : Dinamika kebijakan, Analisis Kebijakan, Manajemen Kebijakan. Jakarta. GramediaPradika. 2018. Implementasi Kebijakan Kartu Identitas Anak (Kia) di Dinas Kependudukan dan Pencatatan Sipil Kota Yogyakarta. Sekolah Tinggi Pembangunan Masyarakat Desa YogyakartaRahmawati. 2018. Efektivitas Pelaksanaan Program Kartu Identitas Anak (KIA) Di Dinas Kependudukan dan Catatan Sipil Kota Cilegon 2017. Universitas Sultan Ageng TirtayasaRamdhani, Ramdhani. 2017. Konsep Umum Pelaksanaan Kebijakan Publik. Jurnal Publik. Vol 11, Nomor 1, Halaman 10Subarsono. 2005. Analisis Kebijakan Publik. Yogyakarta. Pustaka pelajarSubarsono. 2013. Analisis Kebijakan Publik. Yogyakarta. Pustaka pelajarSudrajat. 2011. Perlindungan Hukum Anak Sebagai Hak Asasi Manusia. Jurnal Ilmu Hukum. Vol. 13, Nomor 2, Halaman 1 Suryono. 2014. Kebijakan Publik untuk Kesejahteraan Rakyat. Jurnal Ilmu Ilmiah. Vol.6, Nomor 2, Halaman 98Tangkilisan. 2003.Implementasi kebijakan publik : transformasi pikiran George Edward. Yogyakarta. Lukman Offset dan yayasan pembaruan administrasi publik indonesia.Wahab.2010. Pengantar Analisis Implementasi Kebijakan Negara. Jakarta: Rineka Cipta.Wardhani, Hasiolan, Minarsih. 2016. Pengaruh Lingkungan Kerja, Komunikasi, dan Kepemimpinan Terhadap Kinerja Pegawai. Journal of Management.Vol.2, Nomor 2Widodo. 2011. Analisis Kebijakan Publik: Konsep dan Aplikasi Analisis Proses Kebijakan Publik. Malang. Bayu MediaWinarno. 2007. Teori dan Proses Kebijakan Publik. Yogyakarta. Media PressindoWiranata. 2013.Perlindungan Hukum Anak. Jurnal Hukum Unsrat  Vol.1, Nomor 3, Halaman 5. Peraturan Perundang-undanganUndang-undang Nomor 24 Tahun 2013 Tentang Perubahan Atas Undang-Undang Republik Indonesia Nomor 23 Tahun 2006 tentang Administrasi KependudukanPeraturan Menteri Dalam Negeri Republik Indonesia nomor 2 Tahun 2016 tentang Kartu Identitas Anak.

Private Water, Public Good

2017 ◽  
Author(s):  
Madeline Baer
Keyword(s):  
Human Rights ◽  
Citizen Participation ◽  
Water Policy ◽  
Human Right ◽  
The Public ◽  
Strong State ◽  
Neoliberal Reforms ◽  
Narrow Definition ◽  
Definition Of ◽  
State Interventions

Chapter 4 provides an in-depth case study of water policy in Chile from the 1970s to present, including an evaluation of the outcomes of water policy under the privatized system from a human rights perspective. The chapter interrogates Chile’s reputation as a privatization success story, finding that although Chile meets the narrow definition of the human right to water and sanitation in terms of access, quality, and price, it fails to meet the broader definition that includes citizen participation in water management and policy decisions. The chapter argues that Chile’s relative success in delivering water services is attributable to strong state capacity to govern the water sector in the public interest by embedding neoliberal reforms in state interventions. The Chile case shows that privatization is not necessarily antithetical to human rights-consistent outcomes if there is a strong state role in the private sector.

Sign in / Sign up

Export Citation Format

Share Document