scholarly journals THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011

2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Service Needs ◽  
Human Beings ◽  
The Third ◽  
The Core ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Service Standards

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  

scholarly journals Overview Of The Rights Of Person With Disabilities: A Human Rights Approach

2021 ◽  
Vol 5 (IV) ◽  
pp. 34-42
Author(s):  
Dr. Ram Charan Meena,
Keyword(s):  
Human Rights ◽  
Human Beings ◽  
Social Approach ◽  
Persons With Disabilities ◽  
Psychological Barriers ◽  
Contemporary Situation ◽  
The Law ◽  
The Government ◽  
Definition Of ◽  
The Right

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights. The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

scholarly journals عالمی منشور برائے انسانی حقوق 1948ء کی روشنی میں اسلام کے تصورِ غلامی پر اعتراض کا تحقیقی جائزہ

Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 95-112
Author(s):  
Dr. Burhan Uddin ◽  
Arsala Khan ◽  
Abdur Rahim Khan
Keyword(s):  
Human Rights ◽  
Point Of View ◽  
Universal Declaration ◽  
Human Beings ◽  
Universal System ◽  
Very Old ◽  
The Third ◽  
The World ◽  
History Of ◽  
The Right

The history of slavery is very old. In which three types are very famous. Sell a freelance person, making slavery to a person resulting in a loss, and the prisoners arrested in the war were enslaved. Islam eliminated the first two types and the third case as an option left. On December 10th, 1948 UN passed the Universal Declaration of Human Rights, which includes the right to human rights with other rights. Any type of slavery was prohibited. In the light of this universal charter, objections to Islam's concept of slavery began to be raised. What is the validity of the objections in the light of the Universal Declaration of Human Rights 1948  raised against the Islamic concept of slavery? the methodology adopted for this research is to examine the contents of the Universal Declaration of Human Rights from an Islamic point of view. In the same way, a true Islamic, rational and logical examination of the concept of slavery of Islam has been presented. There is also a wise law about slaves in the universal system that Islam has given to the world. Slavery in the name is left, otherwise, all their rights are in no way less than free human beings.   In case of any kind of abuse, they could have approached the Islamic court and got justice.

scholarly journals The concept of human rights: doctrinal approaches

2020 ◽  
Vol 11 (11) ◽  
pp. 258-264
Author(s):  
Chepulchenko T. О.
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
The State ◽  
Reference Points ◽  
Theory And Practice ◽  
Modern Concept ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
The Relationship

The article examines the modern concept of human rights as the universally accepted system of views and attitudes about the place and role of human rights in the society and the state. The list of human rights enshrined in these international instruments and the constitutions of many countries, was the result of a long historical development of samples and standards of human life and the entire community. It is emphasized that on the basis of a combination of natural and positivistic concepts of human rights and made possible the consolidation of fundamental freedoms in the constitutions of democratic States. The article focuses on the basic concepts of how to solve the problem of human rights and legal status of the individual which have developed in the history of legal theory and practice of various peoples: liberal (European) concept of human rights, collectivist, Islamic and traditionalist concept. It is emphasized that a decisive influence on the establishment of human rights made on the liberal conception of natural law doctrine, which established the priority of human rights, the new parameters of the relationship between the individual and the government. In the statement of the rights and freedoms of man played an important role in their ideological, doctrinal justification – the doctrine of natural human rights that do not depend on the discretion and arbitrariness of the government, and it is aimed at ensuring the rights defined by nature. Based on this doctrine and on the above mentioned international legal instruments, the new Constitution of Ukraine establishes a number of new rights, which were previously unknown or Constitution of the Soviet Ukraine nor the Ukrainian legislation: the right to life, right to dignity, the right to respect for private and family life, freedom of movement and free choice of residence, right to freedom of thought and speech, free expression of views and beliefs, and so on. Therefore, a new concept of the relationship between the Ukrainian state and the person with priority to the latter is brought to life, since the category of human rights operates solely in relations between man and power. Human rights are the limits of power. They define the sphere of human activity in which the power (the state) cannot interfere and the responsibilities which the state has for the human being. The article also discusses four generations of human rights, it is noted that in the XXI century. we can talk about the formation of the fourth generation of human rights, which is connected with the scientific discoveries in the field of microbiology, medicine, genetics and more. It is this generation that is at the center of intense debate precisely in terms of the naturalness of these phenomena and processes, from the standpoint of morality and worldview of a particular society, as well as based on the content of scientific doctrine. As a conclusion, the author writes that the legally enshrined legal position of a person has as its basis a liberal and natural-law concept, which stipulated as the primary principles freedom and inalienability, inalienability of human rights that belong to it from birth. Reference points are made in the relationship between the state and man - freedom, equality, the rule of law, the universality of human rights. And on these principles, principles, in addition to the actual scope of human rights and obligations, are exercised by these rights and freedoms. Keywords: constitution, concept of human rights, international legal act, human rights, natural law.

scholarly journals Legal Protection of Patients Participants of Health Social Guarantee in Human Rights Perspective

2020 ◽  
Vol 7 (10) ◽  
pp. 165
Author(s):  
Agustin Widjiastuti ◽  
Made Warka ◽  
Slamet Suhartono ◽  
Hufron Hufron
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Human Person ◽  
Legal Protection ◽  
Core Material ◽  
The Rule Of Law ◽  
The Core ◽  
State Constitution ◽  
The Government ◽  
The Right

The rule of law through the government must provide public services for its people.  In the conception of the welfare law state, every citizen/every person has the right to obtain good services and obtain legal protection from arbitrary actions by the authorities. Based on Article 1 number 1 of Law Number 39 of 1999 concerning Human Rights, human rights are rights inherent in every human person that must be protected so that human rights are always the core material of a modern state constitution. Legal steps for patients participating in the Health Social Security Administering Body in the perspective of legal protection.

10 ‘All human beings …’ and the Great Enterprise

2020 ◽  
Author(s):  
Pace John P
Keyword(s):  
Human Rights ◽  
International Relations ◽  
League Of Nations ◽  
Human Beings ◽  
Third Dimension ◽  
The Individual ◽  
The Right ◽  
Relationship Of ◽  
The Relationship ◽  
Distinguishing Features

This chapter explores the relevance of the developments in the Commission on Human Rights to the individual—the ultimate measure by which to assess the priorities in the coming years. The introduction of respect for human rights among the fundamental principles of the organization and the establishment of an International Bill of Human Rights were major distinguishing features between the UN Charter and the Covenant of the League of Nations. These provisions placed the individual at the table where only governments sat in matters of international relations. This ‘third dimension’ of international relations gave the Commission on Human Rights a role and responsibility like no other UN body, of dealing directly with individuals. The chapter then addresses the relationship of the Commission with the individual and civil society. Communication from individuals and groups emerged on two principal channels, almost concurrently. One was the handling of communications whose substance was deemed to be relevant to the work of the Commission as it undertook its drafting responsibilities. The other was the right of individuals and groups to petition as an integral component of the measures of implementation. This was the start of the treaty-based complaints mechanisms.

The Principle of Human Rights

2019 ◽  
pp. 171-182
Author(s):  
Henk Addink
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
Political Rights ◽  
The Public ◽  
Cultural Rights ◽  
Employment Education ◽  
The Government ◽  
The One ◽  
The Individual ◽  
The Right

The term ‘human rights’ has different meanings and is used in many academic subjects. It is used by lawyers and politicians, by philosophers and theologians, and, more generally, by the public. The term is used to denote a broad spectrum of very diverse rights, ranging from the right to life to the right to a cultural identity. They involve all elementary preconditions for an existence worthy of human dignity. These rights are ordered and specified in different ways. Often a distinction is made between civil and political rights on the one hand and economic, social, and cultural rights on the other. Some also add collective rights as a third group. The first group is related to restricting the powers of the state in respect of the individual. The second group often requires governments to intervene actively to create good conditions for human development, such as employment, education, and healthcare. When we speak about the right to good governance we must distinguish between the right as such and the underlying norms which are part of the principles of good governance: properness, transparency, participation, effectiveness, and accountability. This means that the underlying norms of the right to good governance are also related to these five principles. The inclusion of human rights as one of these principles here is to make it more explicit that this is not only a subjective right for the citizens but also an obligation for the government. The right and the obligation are two sides of the same coin.

scholarly journals KONSTITUSIONALITAS KEBIJAKAN NEW NORMAL DALAM PERLINDUNGAN HAK HIDUP WARGA NEGARA

2020 ◽  
Vol 8 (1) ◽  
pp. 52
Author(s):  
Ruth Crista Vanesa Hariyanto
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Natural Law ◽  
Right To Life ◽  
Economic Rights ◽  
New Normal ◽  
Existing Problems ◽  
Natural Law Theory ◽  
The Government ◽  
The Right

<p align="center"><strong><em>Abstract</em></strong><strong></strong></p><p><em>This study aims to answer two problems: first, outlining the correlation of the Right to Life with Economic Rights in New Nornal Policy; and  secondly, analyzing theConstitutionality of New Normal Policy</em>. <em>The policy created during the Covid-19 Pandemic not infrequently reaping contracdictions. Especially the last one echoed by the governments is the existence of a New Normal Policy which is actually considered unconstitutional because with this policy the government is felt to have ignored the right of Right to Life of citizen and priorited Economic Right. For this reason, this article uses natural law theory as a means of interpretation of two existing problems. In accordance with this, this acricle argues that the New Normal Policy is a constitutional policy because it is in accordance with the spirit of Article 28A UUD NRI 1945. </em></p><p><em>Keywords</em>: <em>Human Rights, New Normal, Public Policy, Constitutionalism</em><em>.</em></p><p align="center"><strong>Abstrak</strong></p><p>Penelitian ini bertujuan untuk menjawab dua permasalahan: pertama, menguraikan korelasi Hak untuk Hidup dengan Hak Ekonomi dalam Kebijakan Nornal Baru; dan kedua, menganalisis Konstitusionalitas Kebijakan Normal Baru. Kebijakan yang dibuat saat Pandemi Covid-19 tak jarang menuai kontradiksi. Terlebih yang terakhir digaungkan oleh pemerintah adalah adanya New Normal Policy yang justru dinilai inkonstitusional karena dengan kebijakan ini pemerintah dirasa telah mengabaikan hak atas Hak Hidup warga negara dan mengutamakan Hak Ekonomi. Untuk itulah, artikel ini menggunakan teori hukum kodrat sebagai alat interpretasi dari dua masalah yang ada. Sejalan dengan hal tersebut, acricle ini berpendapat bahwa New Normal Policy merupakan kebijakan konstitusional karena sesuai dengan semangat Pasal 28A UUD NRI 1945.</p><p>Kata Kunci: Hak Asasi Manusia, Normal Baru, Kebijakan Publik, Konstitusionalisme.</p>

scholarly journals Syariah Law and The Rights of Non-Muslims: The Importance of Reinterpreting traditional Syariah And Disseminating Progressive Syariah

2016 ◽  
Vol 22 (1) ◽  
pp. 183-207
Author(s):  
Sukron Kamil
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Key Words ◽  
Islamic Law ◽  
The Third ◽  
Legal Perspective ◽  
Religious Services ◽  
The Face ◽  
The Right ◽  
Positive Impacts

Abstract During the era of Reformasi the face of Indonesian politics was marked by, among other things, the kindling in a number of regions of the formalizing of Islamic law through regional bylaws, and in other areas through public policy. Efforts to achieve this started at the third level, that is at the level of regulating aspects of religious services and worship, going beyond Islamic family and economic law, and this was also the case with formalizing shariah law at national level.Despite the positive impacts of thissuch as improved security, seen from the perspective of the rights of non-Muslims the implementation of regional Islamic regulations or public policy is a threat, in part because of its positioning as something that may trigger the violation of non-Muslim rights. Examples of this are freedom of worship, freedom to establish schools, the right to take positions of leadership and inter-faith marriage. Moreover, parts of this implementation directly infringe the rights of non-Muslims, such as the obligation to wear a veil. From the Islamic legal perspective, shariah bylaws or regulation have also crossed the boundaries of traditional shariah law, particularly in the requirement to wear a veil and in freedom of worship. Shariah bylaws are a close reflection of traditional Islamic law. Because of this, the shariah law already embodied in regional legislation must be reinterpreted to make it something of benefit to people, providing a sound footing for accomodating such contemporary demands as basic human rights. In any case, the shariah that becomes formalised in bylaws should be progressive and modern, and this is the shariah law that needs to be publicised and supported. Key Words: shariah bylaws,dzimmî, mainstream, hudîûd, khalwat, jizyah, ahl al-kitâb, takwil,and istishlâh.  ------- Abstak Selama era reformasi, wajah perpolitikan Indonesia ditandai dengan adanya, antara lain, menjamurnya jumlah daerah-daerah yang memberlakukan hukum Islam melalui peraturan daerah, melalui kebijakan publik.Usaha untuk memeroleh hal ini dilakukan dengan tiga tingkatan, yaitu pada tingkat pemberlakuan aspek-aspek keagamaan, pelayanan dan peribadatan, kemudian berlanjut pada masalah hukum ekonomi dan keluarga islami, dan hal ini juga menjadi masalah pemberlakuan hukum syariah pada tingkat nasional.Meskipun dampak positif semacam ini dapat meningkatkan keamanan, ditinjau dari perspektif hak-hak non-muslim terhadap pemberlakuan peraturan daerah atau kebijakan publik menjadi sebuah ancaman, dikarenakan posisinya sebagai sesuatu yang bisa memicu pelanggaran  hak-hak non-muslim. Contohnya adalah kebebasan beribadah, kebebasan medirikan sekolah, hak untuk mengambil alih kepemimpinan dan perkawinan beda keyakinan. Di samping itu, sebagian dari implementasi ini dapat berpengaruh pada pelanggaran hak-hak non-muslim, misalnya kewajiban untuk memakai jilbab. Dari perspektif hukum Islam, hukum/peraturan syariah telah melanggar batas hukum syariah tradisional, khususnya dalam mewajibkan penggunaan jilbab dan kebebasan beribadah.Perda syariah merupakan refleksi hukum islam klasik. Hal ini dikarenakan hukum islam mencakup peraturan daerah yang harus ditafsirkan untuk memberikan manfaat bagi masyarakat, dengan menampung aspirasi suara bawah. Keywords: shariah bylaws,dzimmî, mainstream, hudîûd, khalwat, jizyah, ahl al-kitâb, takwil,and istishlâh.

Individual and Property Rights from the Islamic Perspective

2013 ◽  
Vol 4 (1) ◽  
Author(s):  
Ali Mohammad Bhat
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Property Rights ◽  
Human Condition ◽  
Human Beings ◽  
Islamic Perspective ◽  
United Nations General ◽  
Forced Labour ◽  
The Individual ◽  
The Right

AbstractThe implicit requirements in the Islamic concept of human rights stem particularly from the right to life (individual rights), forced labour, the right to property, freedom of speech, etc. Human rights in early civilizations were composites of various philosophies that served a people’s social and cultural contexts. Both religious and secular conceptions of civilization determined the laws that dictated early human rights. In the wake of World War II, the United Nations General Assembly compiled and adopted a document called The Universal Declaration of Human Rights (UDHR). The day of its adoption, 10 December 1948, became known internationally as “Human Rights Day.” But the declaration could do little to actually prevent widespread violations of human rights throughout the world. Millions of people had inviolable rights as humans but died as the result of inhumane actions. Western civilizations and societies addressed the question of human rights but did so with great variation in application and entitlement. At present, with over 30 million human beings enslaved and the majority of them women and children, we cannot afford to ignore this issue. But an impoverished country is not the only culprit - nor is Asia, although the Pacific Rim is the most heavily enslaved areas on the globe. In America itself, trafficking is the third highest source of commercial profit, with more than 300,000 people enslaved today. And America partakes both in import and export of the slave network, with 14,000 people trafficked into the country each year. The history of human rights is a long examination of the question of what is “natural and right” about the human condition. Human rights, broadly speaking, should be unchallengeable and universal. This article deals with the need to highlight the value, importance of rights, and dignity of human beings from the Islamic perspective. The individual and property rights protected in Islam have no match at present either. Respect for human beings can be realized with the call “anyone who freed a slave will find his place in gardens of heaven.” Then companions of Prophet Muhammad (pbuh) took up the challenge and did all they could for the liberty of slaves. The Pious Caliphs did every thing for the protection of human rights.

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