Nationality and Equal Political Rights: A Necessary Link?

Main justifications for regarding common nationality as a necessary condition for holding equal political rights – Critique of collective self-determination, equal stakes, nature of political activity, and stability justifications – Rejection of the incommensurability of legitimacy and justice – Socioeconomic interdependence and liberal democratic values as the normative grounds for equal stakes – Risk of entrenchment of hostility among national groups as a consequence of a competitive conception of political activity – Instrumental value of stability – Stability through democratic inclusion – Possibility of sustainable pluralism through deliberative democracy – Modified version of the equal stakes argument – Equal political rights on the basis of long-term residence – Association of citizenship with nationality in contemporary European states – Redefinition of citizenship as top-down redefinition of nationality – Need to reconceptualise equal political rights independently of citizenship – Legal argument for interpreting references to popular sovereignty in national constitutions in accordance with long-term residence, rather than nationality – Available legal remedies

Muḥammad ʿAbduh’s Notion of Political Adab

This paper extends the emphasis on contingency and context in Islamic ethical traditions into the distinctly modern context of late 19th century Khedival Egypt. I draw attention to the way Muḥammad ʿAbduh’s engagement with Islamic ethical traditions was shaped by his practice in addressing the broad social and political questions of his context to do with nation-building and political journalism. As a bureaucrat and state publicist, he took pre-modern Islamic ethical concepts into the emerging discursive field of the modern state and the public sphere in Egypt. Looking at a series of newspaper articles for the state newspaper, al-Waqāʾiʿ al-miṣriyya, I show how he articulated an ethics of citizenship by defining a modern civic notion of adab that he called “political adab.” He conceived of this adab as the answer to the problem of how a unified nation emerges from the condition of “freedom” by which journalists and the reading public at the time were conceptualizing the politics of the ʿUrābī revolution in late 1881. This was a “freedom” of the public sphere that allowed for free speech and the power of public opinion to shape governance. ‘Political adab’ would be the virtue or situational skill, internalized in each participant in the public sphere, that would regulate this freedom, ensuring that it produces unity rather than anarchy. I argue that adab here enshrined ʿAbduh’s holistic approach to nation-building; Egypt with political rights would be a nation in which the very idea of the nation is comprehensively embedded—through adab—in people’s lives, animating their “souls”. This was a politics conceived not as a self-standing domain, but as growing out of society, becoming thereby an authentic unity and self-regulating “life”. In developing this vision, ʿAbduh was amplifying pre-modern meanings of adab implying wide breadth of knowledge, good taste, and the virtues, labelled in the paper as ‘comprehensivness,’ ‘consensus’ and ‘habitus.’ Keywords: Muḥammad ʿAbduh, Adab, Freedom, Nation, Politics, Egypt

Article 37: Prohibition of Torture, Capital Punishment, and Arbitrary Deprivation of Liberty

Article 37 is inspired by the provisions of the International Covenant on Civil and Political Rights (ICCPR). However, it extends the ICCPR’s provisions to the protection of the children by: (1) imposing the prohibition of life imprisonment for children without the possibility of release; (2) demanding that detention of a child shall be used as a measure of last resort and be imposed for the shortest period of time; and (3) providing to children deprived of liberty the right to maintain contacts with their family members. Article 37 imposes a child-centred understanding of its provisions and rights. These rights extend beyond the ambit of child justice administration to all situations where children may be deprived of liberty, including, for example, child protection settings, health care settings, and immigration settings. This chapter analyses Article 37 rights in accordance with four essential attributes, as enumerated in its four constituent paragraphs: (1) the prohibition in paragraph (a) on torture or ill-treatment, specifically ruling out capital punishment and life imprisonment without parole for minors; (2) the prohibition in paragraph (b) of unlawful and arbitrary deprivations of liberty, insisting that such sanctions are a measure of last resort that must only be imposed for the shortest appropriate period; (3) the limitations on the deprivation of liberty, including the core commitment in paragraph (c) to upholding the child’s inherent dignity and right to be treated with humanity in such circumstances; and (4) the right, in paragraph (d), to minimal due process guarantees which must accompany any child’s deprivation of liberty. While youth criminal justice practice varies greatly from state to state, Articles 37 and 40 have emerged as a codification of global standards set out in the Beijing Rules and a summary prompt to the adoption of guidelines and minimum rules for the protection of children deprived of liberty and the prevention of youth crime. Article 37 should therefore be applied consistently with the recent General Comment no. 24 (2019) on Children’s Rights in the Child Justice System.

Differences in the Arrangement of Leave Outside the State Responsibility for Presidential Candidates and Incumbent Regional Head Candidates Based on the Equality Before the Law

The existence of differences in leave arrangements outside of the state's responsibility for incumbent candidates in the Presidential and Vice Presidential Election (pilpres) and the General Election of Regional Heads and Deputy Regional Heads (pemilukada) have an impact on the sense of justice in granting political rights attached to citizens. The research describes the arrangements' differences from the equality before the law's perspective. The type of research used is normative legal research with descriptive legal research methods. The problem approach used is statutory, comparative, and conceptual approaches. The data used in this research is secondary data, with a literature study method. Furthermore, the technique used in this research is to collect, identify and analyze the data presented in a qualitative descriptive form. The results of the research and discussion show that there are differences in leave arrangements outside of the state's responsibility for presidential and vice-presidential candidates and incumbent regional heads and deputy regional heads in the presidential and regional elections. Theoretically, every legislation formulation and application must be based on the principle of equality before as a form of social justice.

PENCABUTAN HAK POLITIK TERPIDANA KORUPSI DALAM PERSPEKTIF SOCIAL CONTRACT THEORY

This research aim is to provide a theoretical basis to permanently remove the political rights of a former prisoners of corruption as an alternative to achieve the purpose of criminal law. This normative research uses conceptual, statute and philosophical approach method. This research result indicate that based on the social contract theory, corruption is a criminal act which has injured the volonte generale and in this regard, a new concept is offered. The new concept is permanent revocation of political rights for a former coruption convicts that in line with peines infarmantes principle but does not apply automatically and must go through a court decision and be apllied for life (restitutio in integrum).

Participation in Voting Parties Based on Gender and Ages

In a democracy, a general election is a platform for citizens to use their political rights. However, not all citizens use it well, leading to an imperfect voting participation level. This situation motivates this study to exist. With this intention, this paper examines and analyzes the participation to vote decision in the party general election in 2019 based on gender and ages. Backing up this goal, we use the people in three regencies in West Java: Subang, Majalengka, and Sumedang, as the population. Because of these areas, we utilize multistage random sampling to take 600 people as the samples. As the statistical checking, we use the Mann-Whitney U and Kruskal-Wallis to test the hypotheses based on the categorical responses. After investigating the answers through the statistical test and discussing their outputs, we deduce that the participation of females is lower than that of males, demonstrating the gender gap. Also, the younger the participants, the higher involvement to vote.

Participation in Voting Parties Based on Gender and Ages

In a democracy, a general election is a platform for citizens to use their political rights. However, not all citizens use it well, leading to an imperfect voting participation level. This situation motivates this study to exist. With this intention, this paper examines and analyzes the participation to vote decision in the party general election in 2019 based on gender and ages. Backing up this goal, we use the people in three regencies in West Java: Subang, Majalengka, and Sumedang, as the population. Because of these areas, we utilize multistage random sampling to take 600 people as the samples. As the statistical checking, we use the Mann-Whitney U and Kruskal-Wallis to test the hypotheses based on the categorical responses. After investigating the answers through the statistical test and discussing their outputs, we deduce that the participation of females is lower than that of males, demonstrating the gender gap. Also, the younger the participants, the higher involvement to vote.

Hak Sipil dan Politik Kaum Marginal: Upaya dan Perjuangan Kelompok Transpuan di Kota Pangkalpinang

The purpose of this study is to describe how the Civil and Political Rights of the Transpuan group in Pangkalpinang City fulfill the Civil and Political Rights and to describe the efforts made by the group in fighting for civil and political rights as citizens. The primary data sources used were observations and in-depth interviews with Transpuan in Pangkalpinang City regarding the class struggle of the Transpuan group in Pangkalpinang City as marginal groups. At the same time, the secondary data are books, journals, theses from previous research, and internet sources relevant and related to the research focus. The research subjects who will be informants are Transpuan in Pangkalpinang City, Transpuan from Pangkalpinang City and its surroundings, and Transpuan from outside the Bangka Belitung Islands Province. The results of this study state that the fulfillment of the civil rights of Transpuan in Pangkalpinang City by the government has not been fully implemented.

ANALISIS YURIDIS PENEGAKAN HAK AZASI MANUSIA TERHADAP PENJATUHAN PIDANA PENCABUTAN HAK POLITIK TERPIDANA KORUPSI

Penelitian ini bertujuan menganalisis terdakwa siapa saja yang terlibat dalam perkara korupsi yang berhak dijatuhi pidana tambahan. Jenis penelitian yuridis normatif. Sumber data sekunder. Bahan hukum primer putusan hakim. Analisis data pada penelitian hukum yuridis normatif ini secara deskriptif kualitatif. Hasil penelitian diperoleh menunjukkan bahwa penjatuhan putusan pidana tambahan berupa pencabutan hak memilih dan dipilih dalam jabatan publik kepada terpidana korupsi merupakan upaya yang menjerakan bagi para terpidana korupsi serta upaya preventif terjadinya tindak pidana korupsi, akhirnya penulis merekomendasikan untuk agar hakim harus konsisten dalam menjatuhkan pidana tambahan pencabutan hak politik serta mencantumkan kapan mulai berlakunya serta batas waktu berlakunya. This study aims to analyze the defendants who were involved in a corruption case who have the right to be sentenced to additional crimes. This study is normative juridical research. Secondary data sources were primary legal materials for the judge's decision. Data analysis in this normative juridical legal research is descriptive qualitative. The results obtained show that the imposition of additional criminal decisions in the form of revocation of the right to vote and to be elected in public office to corruptors is an effort to deter corruptors as well as efforts to prevent corruption. Finally the author recommends that judges must be consistent in imposing additional crimes of political rights revocation and stating when it comes into effect and the time limit for this.