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>

scholarly journals How are Human Rights in the Concept of a State? A Review Book 'Negara Hukum dan Asasi Manusia', Dr. Bahder Johan Nasution, S.H., SM., M.Hum., CV Mandar Maju, Bandung, 2017, 286 pages, ISBN: 978-979-538-382-6

2021 ◽  
Vol 3 (1) ◽  
pp. 123-128
Author(s):  
Floribertus Bujana Adi Pradana
Keyword(s):  
Human Rights ◽  
Conceptual Understanding ◽  
The State ◽  
Legal Order ◽  
Moral Order ◽  
Human Rights Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Long Time ◽  
Protection Of Human Rights

For a long time, the issue of the state of law and human rights has always been debated among state legal experts and political thinkers. The purpose is to find an ideal concept about the state of law and the protection of human rights. However, for centuries, the concept of the state of law and the protection of human rights that are considered ideal has always been a debate. Moreover, so far there has been an impression that understanding human rights protection is superficially understood because it is only seen as mere moral guidelines. That understanding is wrong understanding because the understanding is not only on the moral order but also on the legal order. The facts show that, as a result of a superficial understanding of human rights, respect and also the enforcement of human rights are often not carried out properly as envisioned by a state of law. Based on this fact, this book has been compiled by referring to various literatures on constitutional law, political science and philosophy, which also describe the concept of the state of law and human rights, the concept of sovereignty and democracy, and the concepts of protection and the enforcement of human rights. Thus, the reader's understanding of the concept of the state of law and human rights can be understood in its entirety The understanding is not only in the concept of the state of law in legal formal way, but also in understanding more theoretical and philosophical concepts. Likewise, the understanding of human rights is also not only about conceptual understanding, but also understanding in the form of respect and protection of human rights implemented through the enforcement of human rights law.

USLUGE ZAŠTITNIKA GRAĐANA U FUNKCIJI ZAŠTITE LjUDSKIH PRAVA

2021 ◽  
pp. 313-321
Author(s):  
Nikola Ivković ◽  
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Two Dimensions ◽  
Legal Analysis ◽  
Political Dimension ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
The Republic ◽  
Practical Experiences

The paper analyzes the role and services provided by the Protector of Citizens, specifically related to the legal order of the Republic of Serbia. A historical retrospective, and then through a comparative legal analysis of the origin and conception of this type of institutional protection of human rights in general, and through practical experiences, an insight into the importance of the existence of this state body is given. The legal system of the Republic of Serbia knows this type of services in the field of human rights protection relatively briefly. For that reason, legal history does not offer answers to the practical repercussions of the existence of this institution in our country. As a result, the paper points out two dimensions of action. The first is the practice of the Protector of Citizens during the protests that took place during the restrictions on human rights due to the COVID19 pandemic, and the second is the political dimension of the role in the legal system of the Republic of Serbia.

scholarly journals Human Rights. Protection and enforcement

2021 ◽  
pp. 141-148
Author(s):  
V. V. Vynokurov
Keyword(s):  
Human Rights ◽  
Skin Color ◽  
The State ◽  
Legal Responsibility ◽  
State Responsibility ◽  
Public Authorities ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
The Individual

The article is devoted to the analysis of the essence and content of the categories «human rights», «protection of human rights», «human rights enforcement» in terms of the substantive relationship between the constitutional state and the individual in modern society. It is emphasized that addressing these terms through the prism of human rights in order to effectively implement them, it is necessary to clearly understand their content and scope of possible actions covered by them, as well as to distinguish between «protection» and «enforcement» at both scientific and legislativelevels, taking into account, inter alia, their lexical meaning. It is determined that everyone, on the one hand, should be able to freely choose the way to protect their rights, and on the other – must be sure that the state guarantees equal opportunities for everyone, regardless of race, language, skin color, political, religious and other beliefs, gender, ethnic and social origin, property status, place of residence, etc., to use these methods of protection. The role and importance of public authorities in the process of protection and enforcement of human rights and freedoms and the state responsibility to the individual as an integral part of ensuring constitutional human rights are also defined. It is concluded that an integral part of constitutional human rights enforcement is certainly the existence of an effective and efficient mechanism of legal responsibility of the state to the individual. Keywords: human rights, protection of human rights, human rights enforcement, public authorities, state responsibility.

scholarly journals PROTECTION OF HUMAN RIGHTS IN CASES OF POLICE POWERS EXCEED IN THE REPUBLIC OF NORTH MACEDONIA

2019 ◽  
Vol 30 (6) ◽  
pp. 1371-1376
Author(s):  
Temelko Risteski ◽  
Georgi Tonovski ◽  
Vesna Sijic
Keyword(s):  
Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Police Powers ◽  
Protection Of Human Rights ◽  
The Law ◽  
The Republic ◽  
The One ◽  
The Right ◽  
Excessive Use Of Force

Police in a democratic society is a service of the citizens. Its main tasks are the maintenance of public order and peace, the direct protection of human rights of citizens, the prevention of criminal acts and the fight against crime. As a service of the citizens, the police is obliged to respect human rights while performing the activities within its competence. The police have a dual role in securing human rights. On the one hand, it is obliged to protect human rights. On the other hand, when taking police powers, it should be extremely careful and not allow human rights to be endangered by exceed police powers.The powers of the Macedonian police in the performance of the activities under its competence are prescribed by the Law on Internal Affairs and the Law on Police. They are numerous. Among them are the use of firearms and other means of coercion. In addition, it has the right to examine citizens, the right to detention and deprivation of liberty. These and other powers of the police are always followed by a latent danger of being exceeded and thus, human rights to be harmed.The paper deal protection of human rights in cases of exceed police powers such as unlawful and unprofessional conduct, offensive and degrading behavior, harassment, excessive use of force with elements of torture, brutal behavior, bodily injuries, etc. In addition, the paper includes mechanisms for prevention of overstepping of police powers from the aspect of human rights protection.

Human rights and positive obligations of the state

2021 ◽  
Vol 28 (3) ◽  
pp. 27-35
Author(s):  
Vitaliy B. Kovalchuk ◽  
Iryna M. Zharovska ◽  
Bohdan I. Gutiv ◽  
Bogdana B. Melnychenko ◽  
Iryna O. Panchuk
Keyword(s):  
Human Rights ◽  
The State ◽  
International Treaties ◽  
International Human Rights ◽  
Scientific Methods ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
General Scientific ◽  
International Human

At present, both the international and the regional levels of human rights protection lack an express definition of the positive obligation of states to protect human rights. Similarly, the doctrine lacks a unified opinion regarding this concept. For quite a long time, human rights were considered as such that give rise to so-called negative obligations of states to refrain from human rights violations. However, with the development of international human rights law, it is increasingly recognised that human rights also give rise to positive obligations of the state to take active measures to ensure these rights. Such obligations usually derive from international human rights treaties or from the interpretation of international judicial bodies that monitor the implementation of corresponding international treaties. Therefore, it is crucial for the doctrine and practice of international law in the field of human rights protection to analyse the positive obligations of the state, which are consolidated in international treaties and the practice of international judicial bodies. The purpose of this study is to analyse human rights and positive obligations of the state in the context of regional mechanisms for the protection of human rights. Among the general scientific methods, the study used the analysis and synthesis, as well as deduction, induction, prediction, modeling, analogy and other general scientific methods. A thorough study of the positive obligations of the state would be impossible even without the use of special methods of study and cognition, which include comparative legal, historical and legal, technical, and structural-functional methods. In particular, one of the leading research methods was the comparative legal method, which was used to study the practice of regional mechanisms for the protection of human rights. The study provides an overview of the modern interpretation of positive obligations of states. Specifically, this study focuses on the practice of the European, Inter-American and African Human Rights Courts in the context of applying the state's positive obligations

Regional Human Rights

2021 ◽  
Keyword(s):  
Human Rights ◽  
International Human Rights ◽  
Protective Mechanisms ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Systems ◽  
Protection Of Human Rights ◽  
International Human ◽  
Local Languages ◽  
Specific Country

Regional human rights mechanism are now in place covering nearly all five continents with the notable exception of Australia. Regional and international human rights protection are not meant to thwart each other. On the contrary, the regional protection of human rights is intended to back up and strengthen the international one by translating human rights into local languages and supporting them with additional protective mechanisms like commissions and courts that enforce regional human rights documents. In this volume, five experts from various continents will introduce regional human rights protection systems in Europe, Africa, Asia, Latin America and Australia providing an overview of the regional protections vis-à-vis the international one and then contextualising it in specific country context.

scholarly journals Politics Of Law Human Rights Protection In Indonesia

2020 ◽  
Vol 2 (4) ◽  
pp. 513
Author(s):  
Pradikta Andi Alvat
Keyword(s):  
Human Rights ◽  
Political Development ◽  
Legal Protection ◽  
Secondary Data ◽  
Three Dimensions ◽  
Reform Era ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Source Data ◽  
Protection Of Human Rights

This study aims to know how political development of legal protection of human rights in Indonesia and political objectives of the legal protection of human rights itself. The research method using normative juridical approach. Specification of the research is descriptive. Provide an overview and critical analysis and conclusions of the research object. Source data using secondary data sources through books and legislation. The data collection method through the study of literature. Analysis of data using qualitative approach. The results showed that the political development of the legal protection of human rights has undergone discourse tight since the formulation of the Constitution and found basic juridical-constitutional is ideal since the reform era with the birth of Chapter XA in the constitution on human rights, born Law of Human Rights, and the formation of the court of HAM. The purpose of a political human rights protection law contains three dimensions, namely the dimensions of philosophical, sociological dimension and juridical dimension.Keywords: Protection Of Human Rights; Political Law; State Law.

scholarly journals HUMAN RIGHTS PROTECTION FOR INDONESIAN MIGRANT WORKERS: CHALLENGES FOR ASEAN

2017 ◽  
Vol 29 (1) ◽  
pp. 123
Author(s):  
Win Sherly Tan ◽  
Rina Shahriyani Shahrullah
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Research Method ◽  
Good News ◽  
The Political ◽  
Political Commitment ◽  
Legal Research ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Asean Countries

AbstractThe AEC is good news for Indonesian migrant workers wanting to work overseas. Unfortunately, many Indonesian migrant workers have been deported from ASEAN countries because of having problems. This study adopts the normative legal research method. It argues that AICHR may be slow in resolving the problems of human rights. It is also argued that the ASEAN Committee on Migrant Workers works in the absence of the political commitment of ASEAN leaders to implement the Cebu Declaration. Therefore, the best solution is public participation in the ASEAN countries to protect migrant workers.IntisariKomunitas Masyarakat Ekonomi ASEAN adalah berita baik untuk Tenaga Kerja Indonesia (TKI) untuk bekerja di luar negeri. Namun, banyak TKI yang kembali dari negara-negara ASEAN dikarenakan mendapatkan berbagai permasalahan. Penelitian ini mengadopsi jenis penelitian hukum normatif. Penelitian ini menyimpulkan bahwa AICHR lamban dalam menyelesaikan permaslahan tentang hak asasi manusia. Penelitian ini juga menyimpulkan bahwa komunitas ASEAN tentang Pekerja Migran bekerja dengan tidak adanya komitmen politik dari para pemimpim ASEAN dalam menerapkan Deklarasi Cebu. Oleh sebab itu, dibutuhkan partisipasi ASEAN dalam melindungi TKI.

scholarly journals The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence in the Polish Social Safeguard System

2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Magdalena Tabernacka
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
Council Of Europe ◽  
Protective Function ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Heated Debate ◽  
Protection Of Human Rights ◽  
The Common

The ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence in Poland was preceded by a heated debate. From the very beginning it was be object of political battles between the conservative and liberal circles. Culturally and socially conditioned position of women has influenced its operation and the scope of its implementation. The Convention is a universally binding tool which guarantees the protection of human rights in events of violence against the woman and children. The case of this Convention in Poland proofs the existence of a universal European understanding of human rights protection standards. The Convention thus has a protective function not only for individuals but also, in a broader context, for the common European cultural identity.

scholarly journals Law, Cosmopolitan Law and the Protection of Human Rights

2008 ◽  
Vol 4 (2) ◽  
pp. 241-264 ◽  
Author(s):  
Sarah Sorial
Keyword(s):  
Human Rights ◽  
Legal Order ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Positive Law ◽  
Protection Of Human Rights ◽  
Rights Discourse ◽  
Cosmopolitan Law ◽  
Human Rights Discourse ◽  
Subjective Rights

In Between Facts and Norms, Habermas articulates a system of rights, including human rights, within the democratic constitutional state. For Habermas, while human rights, like other subjective rights have moral content, they do not structurally belong to a moral system; nor should they be grounded in one. Instead, human rights belong to a positive and coercive legal order upon which individuals can make actionable legal claims. Habermas extends this argument to include international human rights, which are realised within the context of a cosmopolitan legal order. The aim of this paper is to assess the relevance of law as a mechanism for securing human rights protection. I argue that positive law does make a material difference to securing individual human rights and to cultivating and augmenting a general rights culture both nationally and globally. I suggest that Habermas' model of law presents the most viable way of negotiating the tensions that human rights discourse gives rise to: the tensions between morality and law, between legality and politics, and between the national and international contexts of human rights protection.

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