scholarly journals Penegakan Hak Asasi Manusia di Masa Transisi Demokrasi: Kasus Afrika Selatan dan Indonesia

2017 ◽  
Vol 1 (2) ◽  
Author(s):  
Anwar Ilmar

Abstrak Penelitian ini hendak mengkaji tentang penegakan Hak Asasi Manusia di masa transisi demokrasi di Afrika Selatan dan Indonesia. Fenomena yang lazim terjadi pada era transisi dari rezim otoriter menuju rezim demokrasi yakni adanya tuntutan rakyat yang meminta pertanggungjawaban dari rezim otoriter atas praktik penyalahgunaan kekuasan negara di masa lalu. Apalagi hal tersebut menyangkut kejahatan kemanusiaan berupa pelanggaran Hak Asasi Manusia. Selanjutnya menjadi tantangan rezim di masa transisi untuk mengartikulasikan tuntutan tersebut dalam bentuk kebijakan politik sebagai wujud dari pelaksanaan keadilan transisional (transitional justice). Penelitian ini bertujuan untuk membandingkan kebijakan politik dan proses pelaksanaan keadilan transisional dua negara yang tengah dalam transisi politik dari rezim otoriter menuju demokrasi, yakni Afrika Selatan sejak berakhirnya rezim apartheid awal tahun 1990-an dan Indonesia sejak jatuhnya rezim Soeharto tahun 1998. Penelitian ini menggunakan teori sistem dan struktural untuk menganalisa proses politik perumusan dan pelaksanaan keadilan transisional di kedua negara. Metode penelitian yang digunakan dalam penelitian ini adalah penelitian kualitatif dengan teknik analisa komparatif desktiptif. Teknik pengumpulan data dilakukan melalui telaah pustaka terhadap buku-buku yang berkaitan dengan topik penelitian ini. Penelitian ini menyimpulkan bahwa gagasan mengenai penegakan hak asasi manusia di Afrika Selatan dan Indonesia memiliki beberapa persamaan seperti pembentukan wadah melalui Komisi Kebenaran dan Rekonsiliasi. Namun di sisi lain terdapat perbedaan yang cukup kontras terkait peran elit rezim otoriter di masa transisi. Elit otoriter di Afrika Selatan yang masih berperan dalam sistem dan struktur politik memberikan dukungan terhadap proses penegakan keadilan transisional. Sebaliknya, di Indonesia elit otoriter yang masih menguasai sistem dan struktur politik terkesan menghambat proses penegakan keadilan transisional.   Kata Kunci; Demokrasi, Hak Asasi Manusia, Keadilan Transisional Abstract This research would like to analyze the human rights promotion during the democratic transition period in South Africa and Indonesia. The common phenomenon that happened during the transition period from authoritarian regime into democratic regime, is when the society were demanding the authoritarian regime to be responsible for their power abuses in the past. The power abuses refer to the human rights violations. Therefore it became the challenge for the new regime to articulate the people’s demand into political policies as a form of transitional justice. This research aimed to compare the political policies and transitional justice process between Indonesia and South Africa. The transition period happened in South Africa in 1990s when the apartheid regime ended, while in Indonesia was the collapse of the Soeharto’s regime in 1998. This paper used system and structural theory to analyze political process for arrangement and implementation of transitional justice for both countries. Research method used in this paper was qualitative research with comparative description as an analytical technic. Data gathering technic was done through literature review on related books. This research concluded the idea of human rights promotions in South Africa and Indonesia have several similarities, such as the establishment of human rights body named Komisi Kebenaran dan Rekonsiliasi (Truth and Reconciliation Commission). However on the other side, there was contrast difference regarding the role of the authoritarian elites in transitional period. Authoritarian elites in South Africa still had role in the political system and structure in giving support toward the establishment of transitional justice. In contrast, the authoritarian elites in Indonesia controlled the political system and structure to hamper the establishment of transitional justice. Keywords; Democracy, Human Rights, Transitional Justice

1985 ◽  
Vol 19 (4) ◽  
pp. 797-822 ◽  
Author(s):  
Simon Barraclough

The study of coercion and how it is applied within a political system is useful for a number of reasons. As a strategy of control and management it is in itself worthy of investigation. Moreover, an examination of how coercion is applied can tell us much about the nature of a particular polity. Indeed, as Weber emphasized, the state itself is distinguished from other political systems to the extent that it successfully upholds the claim to the legitimate application of force. The willingness of a regime to use coercion against opponents or dissidents, or to regulate the political participation of the ordinary citizenry, has a direct bearing upon such questions as human rights, democratic values, authoritarianism, and the degree of consensus within a given polity.


2019 ◽  
Vol 3 (10) ◽  
pp. 101
Author(s):  
Emad Wakaa Ajil

Iraq is one of the most Arab countries where the system of government has undergone major political transformations and violent events since the emergence of the modern Iraqi state in 1921 and up to the present. It began with the monarchy and the transformation of the regime into the republican system in 1958. In the republican system, Continued until 2003, and after the US occupation of Iraq in 2003, the regime changed from presidential to parliamentary system, and the parliamentary experience is a modern experience for Iraq, as he lived for a long time without parliamentary experience, what existed before 2003, can not be a parliamentary experience , The experience righteousness The study of the parliamentary system in particular and the political process in general has not been easy, because it is a complex and complex process that concerns the political system and its internal and external environment, both of which are influential in the political system and thus on the political process as a whole, After the US occupation of Iraq, the United States intervened to establish a permanent constitution for the country. Despite all the circumstances accompanying the drafting of the constitution, it is the first constitution to be drafted by an elected Constituent Assembly. The Iraqi Constitution adopted the parliamentary system of government and approved the principle of flexible separation of powers in order to achieve cooperation and balance between the authorities.


Author(s):  
A. FREDDIE

The article examines the place and role of democracy and human rights in South Africas foreign policy. The author analyzes the process of South Africas foreign policy change after the fall of the apartheid regime and transition to democracy. He gives characteristics of the foreign policy under different presidents of South Africa from 1994 to 2018 and analyzes the political activities of South Africa in the area of peacekeeping and human rights on the African continent.


2021 ◽  
pp. 019251212096737
Author(s):  
Gianfranco Baldini ◽  
Edoardo Bressanelli ◽  
Emanuele Massetti

This article investigates the impact of Brexit on the British political system. By critically engaging with the conceptualisation of the Westminster model proposed by Arend Lijphart, it analyses the strains of Brexit on three dimensions developed from from Lijphart’s framework: elections and the party system, executive– legislative dynamics and the relationship between central and devolved administrations. Supplementing quantitative indicators with an in-depth qualitative analysis, the article shows that the process of Brexit has ultimately reaffirmed, with some important caveats, key features of the Westminster model: the resilience of the two-party system, executive dominance over Parliament and the unitary character of the political system. Inheriting a context marked by the progressive weakening of key majoritarian features of the political system, the Brexit process has brought back some of the traditional executive power-hoarding dynamics. Yet, this prevailing trend has created strains and resistances that keep the political process open to different developments.


1973 ◽  
Vol 67 (5) ◽  
pp. 82-86
Author(s):  
Bert Lockwood ◽  
Beatrice Brickell

I would like to address myself to international outlaws and what domestic procedures are available to arrest their activities. While at first glance the nexus between domestic justice and international justice may seem tenuous, I wonder: Is it surprising that the same administration that is so insensate over the deprivation of the human rights of blacks in Southern Rhodesia is the same administration that proclaimed early in its tenure that if you have seen one slum you have pretty much seen them all, and hasn’t visited another since? Is it surprising that the same administration that evidences so little concern over the political rights of the majority in Rhodesia is the same administration that “bugs” and sabotages the political process within the United States?


1982 ◽  
Vol 9 (1) ◽  
pp. 347-377 ◽  
Author(s):  
Vladimir Brovkin

AbstractContemporary scholarship on the development of the Soviet political system in the 1920s has largely bypassed the history of the Menshevik opposition. Those historians who regard NEP as a mere transition to Stalinism have dismissed the Menshevik experience as irrelevant,1 and those who see a democratic potential in the NEP system have focused on the free debates in the Communist party (CP), the free peasantry, the market economy, and the free arts.2 This article aims to revise some aspects of both interpretations. The story of the Mensheviks was not over by 1921. On the contrary, NEP opened a new period in the struggles over independent trade unions and elections to the Soviets; over the plight of workers and the whims of the Red Directors; over the Cheka terror and the Menshevik strategies of coping with Bolshevism. The Menshevik experience sheds new light on the transformation of the political process and the institutional changes in the Soviet regime in the course of NEP. In considering the major facets of the Menshevik opposition under NEP, I shall focus on the election campaign to the Soviets during the transition to NEP, subsequent Bolshevik-Menshevik relations, and the writings in the Menshevik underground samizdat press.


2021 ◽  
Author(s):  
Shamall Ahmad

The flaws and major flaws in the political systems represent one of the main motives that push the political elite towards making fundamental reforms, especially if those reforms have become necessary matters so that: Postponing them or achieving them affects the survival of the system and the political entity. Thus, repair is an internal cumulative process. It is cumulative based on the accumulated experience of the historical experience of the same political elite that decided to carry out reforms, and it is also an internal process because the decision to reform comes from the political elite that run the political process. There is no doubt that one means of political reform is to push the masses towards participation in political life. Changing the electoral system, through electoral laws issued by the legislative establishment, may be the beginning of political reform (or vice versa), taking into account the uncertainty of the political process, especially in societies that suffer from the decline of democratic values, represented by the processes of election from one cycle to another. Based on the foregoing, this paper seeks to analyze the relationship between the Electoral and political system, in particular, tracking and studying the Iraqi experience from the first parliamentary session until the issuance of the Election Law No. (9) for the year (2020).


2021 ◽  
Vol 6 (1) ◽  
pp. 09-22
Author(s):  
Rodrigo Pinto de Andrade ◽  
Rogerio De Almeida Souza

Este texto tem como objetivo analisar a vida e a obra de Jaime Nelson Wright (1927-1999), pastor presbiteriano, opositor do regime militar no Brasil e intelectual engajado na luta pela defesa dos direitos humanos. Foi uma das vozes que mais combateu a ditadura militar no interior do protestantismo brasileiro. Desde a deflagração do golpe em 1964, fez a opção político/religiosa de não aderir ao regime autoritário. Wright se vinculou ao movimento estudantil e dedicou-se ao amparo religioso/pastoral dos perseguidos políticos. Sua contribuição como intelectual, perpassa o campo religioso. Ele atuou junto aos organismos internacionais voltados para a defesa dos direitos humanos e fundamentais à vida e denunciou as atrocidades do regime militar no Brasil. Para a efetivação da pesquisa foram utilizadas as seguintes fontes: documentos e imagens disponibilizados pelo projeto Brasil: Nunca Mais; jornais da época: entrevistas e matérias; decretos e leis. Os dados revelados pelas fontes indicam que a vida e obra de Jaime Wright contribuíram decisivamente para o processo de redemocratização do Brasil. This text analyzes the life and work of Jaime Nelson Wright (1927-1999), a Presbyterian pastor, a fierce opponent of the military regime in Brazil, and intellectually engaged in the struggle for the defense of human rights. He was one of the voices that most fought the military dictatorship in the Brazilian Protestant movement. Since the outbreak of the coup in 1964, he made the political and religious choice of not joining the authoritarian regime. Wright joined the student movement and dedicated himself to the religious support of the politically persecuted. His contribution as a committed intellectual goes beyond the clerical field. He was involved with international organizations dedicated to the defense of human rights and the fundamental rights to life. He also exposed the military regime's atrocities. For the realization of the research were used the following sources: documents and images made available by the Project Brazil: Never Again; newspapers of the time: interviews and stories; decrees and laws. The data revealed by the sources, indicate the life and work of Jaime Wright contributed in a decisive way to the re-democratization process in the Brazilian society.


Author(s):  
Y. S. Kudryashova

During the government of AK Party army leaders underprivileged to act as an exclusive guarantor preserving a secular regime in the country. The political balance between Secular and Islamite elites was essentially removed after Erdogan was elected Turkish President. Consistently toughening authoritarian regime of a ruling party deeply accounts for a military coup attempt and earlier periodically occurred disturbance especially among the young. The methods of a coup showed the profundity of a split and the lack of cohesion in Turkish armed forces. Erdogan made the best use of a coup attempt’s opportunities to concentrate all power in his hands and to consolidate a present regime. The mass support of the population during a coup attempt ensured opportunities for a fundamental reorganization of a political system. Revamped Constitution at most increases political powers of the President.


Author(s):  
P. Eric Louw

A song about a Boer War general, released in 2006, stirred controversy in South Africa by triggering a gearshift amongst Afrikaners towards re-engaging in the political process. The song “De la Rey”, which became a popular South African hit, captured the alienation many Afrikaners felt at having become a politically marginalized and disempowered ethnic minority within a state where Black Nationalism had become the dominant discourse. The song triggered the De la Rey phenomenon in which Afrikaners became once more politically assertive, following a decade in which this community had been politically dormant. Afrikaners took to singing “De la Rey” as a sort of ‘national anthem' when they gathered in sports stadiums, BBQs, pubs and parties. Twelve months after “De la Rey” was released, the South African government expressed concern the song could become “a rallying point for treason”. The De la Rey phenomenon offers an excellent fulcrum to consider how music can provide a platform for political messages which have consequences for the political process.


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