An Analysis of Selected Supreme Court Rulings on Human Rights Violation in Nigeria

The occurrence of human rights violations against the Rohingya ethnicity in Myanmar has become an international concern. The Rohingya, who have lived for generations in this part of Myanmar, are not getting justice from the Myanmar government. The various human rights violations that have occurred are of course against the basic instruments of international law. This study aims to describe and analyze international human rights arrangements with regard to the protection of the Rohingya ethnicity, as well as any obstacles in providing protection for the Rohingya ethnic group so that no solution has been achieved in resolving these human rights violations. In this study, using a normative legal research method with a statutory approach, a case approach and an analysis approach. The type of legal material in this research is secondary data consisting of primary, secondary and non-legal materials. Then processed and analyzed using prescriptive methods. Based on the research results, it is known that legal protection of the Rohingya ethnicity in accordance with international human rights instruments has not been fulfilled because there are various obstacles in resolving the root of the conflict on human rights violations in Myanmar. Some of them are the reluctance of the Myanmar government to resolve cases of Rohingya ethnic human rights violations. In view of the lack of willingness of the Myanmar government to resolve cases of human rights violations, the UN criticized and attempted to carry out humanitarian intervention to resolve gross human rights violations against the Rohingya ethnic group. For this reason, this paper seeks to elaborate on what responsibilities the Myanmar government should provide for protection according to international human rights as well as what obstacles have caused cases of human rights violations against ethnic Rohingya to be resolved.

Human rights are the basis of a country in forming all provisions in the life of the nation and state which are the natural rights of every human being. The establishment of the National Human Rights Commission as an independent institution, is also based on Article 28 of the 1945 Constitution of the Republic of Indonesia which confirms that; protecting, promoting, upholding and fulfilling human rights is the responsibility of the state. This article analyzes one of the functions of Komnas HAM, namely having the authority to investigate alleged cases of human rights violations and issuing recommendations based on the investigation. The purpose of this article is to find out the effectiveness of providing state institutions with the results of investigation recommendations by the National Human Rights Commission on alleged human rights violations. This article uses a research method. This type of empirical juridical research. The results of the study found that first, according to Law Number 39 of 1999 concerning Human Rights and Law Number 26 of 2000 concerning Human Rights Courts that in protecting and guaranteeing human rights, the National Human Rights Commission has a role and function of reviewing , research, counseling, monitoring, mediation, and has the authority to investigate alleged cases of gross human rights violations, as well as issue recommendations afterward. Second, the recommendations issued by Komnas HAM after the investigation was carried out were public law acts because they resulted in a legal relationship between Komnas HAM and the Government as the recipient of the recommendations and the substance of Komnas HAM's recommendations regarding the existence of a case of human rights violations and various solutions in its settlement as well as the results of recommendations issued by Komnas HAM does not have binding and coercive legal force like court decisions which have executorial value. For this reason, some recommendations from the National Commission on Human Rights were followed up by the target state agencies, some were not.

Court of Human Rights is a special court below the General Court that located in the Regency/City wh ich jurisdiction includes in its District Court. The a uthority of the Court of Human Rights is tasked to examine and rule on cases of human rights violations , investigate and adjudicate serious violations of human rights which heavily committed outside the territorial boundaries of the Republic of Indonesia by an Indonesian citizen. Court of Human Rights, which adjudicate cases of gross human rights violations in East Timor Polls Post-defendants have been executed by both military and civilian, and was decided by the Court of Human Rights under law No. 26 Year 2000 regarding Human Rights Court. Key words : court of human rights, violation of human rights , law enforcement

The enforcement of legal justice, particularly related to human rights in Indonesia, is still not optimal, mainly because until now the State of Indonesia is still in a transition zone which is still marked by human rights violations. This study aims to determine how the application of legal justice to human rights violations. So that it will be known how the settlement taken in cases of human rights violations in Indonesia, as well as how the principles of Islamic law regarding Human Rights. The conclusion of the problems discussed is the application of legal injustice to human rights violations in Indonesia based on Law no. 26 of 2000 concerning Human Rights Courts. where in this issue the aim is to achieve justice in the law, it is called the ad hoc court which is used to try violators of human rights in Indonesia. To resolve cases of human rights violations that occurred in the territory of Indonesia, it was carried out through an Ad Hoc court. if the time of the occurrence of human rights violations before Law no. 26 of 2000 concerning Human Rights Courts. and if the violation of Human Rights occurs after this Law, it will be resolved through the Human Rights Court. and, if the violation of Human Rights occurs before this Law can also be resolved, namely through the Truth and Reconciliation Commission established by law.

Cases of gross human rights violations are complex and sensitive issues in Indonesian legal politics. With a historical backdrop that includes authoritarian times and armed conflict, governments are faced with serious challenges. Transitional Theory of Justice offers a framework for addressing these issues through courts, reparations, truth and reconciliation, and institutional reform. However, policy implementation requires consideration of international pressure, victim protection, civil society participation, and human rights education. Governments are faced with a dilemma between accountability and reconciliation, with the need to maintain a balance between justice and peace. In addition, it is necessary to consider the political implications of government actions, while institutional reform and sustainable approaches are key in addressing gross human rights violations.

Court of Human Rights is a special court below the General Court that located in the Regency/City which jurisdiction includes in its District Court. The authority of the Court of Human Rights is tasked to examine and rule on cases of human rights violations, investigate and adjudicate serious violations of human rights which heavily committed outside the territorial boundaries of the Republic of Indonesia by an Indonesian citizen. Court of Human Rights, which adjudicate cases of gross human rights violations in East Timor Polls Post-defendants have been executed by both military and civilian, and was decided by the Court of Human Rights under law No. 26 Year 2000 regarding Human Rights Court

The issue of upholding human rights always goes hand in hand with the issue of law enforcement, where this is one of the crucial things that is most often complained about by citizens at the moment. Namely weak law enforcement. The application of law to human rights violations in Indonesia is guided by Law no. 26 of 2000 concerning Human Rights courts, where in this law it is stated about ad hoc courts which are used to try human rights violators in Indonesia. The aim of this research is to find out the role of human rights courts in resolving human rights violations. The method used is a research method using normative legal research methods. The research results show that the Human Rights Court is a tool that can be used to resolve cases of human rights violations, especially serious human rights violations. The Human Rights Court has the authority to examine and decide cases of human rights violations, including settling cases involving compensation, restitution and rehabilitation in accordance with statutory regulations.

Law was born to provide protection, justice and certainty in every dimension of social and state life, both individuals and groups. In this context, the law provides guarantees and principles of recognition and protection of human rights. This noble goal of the law will be easily realized when the politics of the law is clear. But in reality, the occurrence of human rights violations cannot be denied even though since the beginning the Indonesian state has adhered to the principles of the rule of law and democracy. Cases of human rights violations in the past are debts that must be resolved. Therefore, one of the problems today is how to resolve cases of human rights violations that occurred in the past and how to prepare more responsive legal instruments so that in the future human rights violations, especially those committed by the state, can be avoided. Furthermore, the resolution of past human rights violations is the key to upholding human rights in Indonesia in the future. This is where the political meaning of human rights law in Indonesia is to design more responsive legal regulations. Therefore, to create a more responsive politics of human rights law in Indonesia, we must first examine the journey of human rights in Indonesia through historical research. This is because historical research can reveal how the concept of human rights has been made in the past and how the concept of human rights should be made to build a better future. For this reason, a high commitment is needed from the government to develop the politics of human rights law in Indonesia.

This research is motivated by the phenomenon of routine peaceful actions every Thursday in front of the state palace, which is commonly called the kamisan action. Kamisan itself was motivated by the attitude of the government which kept quietly addressing and following up on violations of Human Rights (HAM) in the archipelago. In this study, the author uses the theory of social action proposed by Kotler 5C, namely Cause, Change Agency, Target Change, Channel, and Change Strategy. The research method used in writing this study is a descriptive research method with a qualitative approach. The results of the study showed that the Victim Solidarity Network for Justice (JSKK) was dominated by victims of justice. Then the target, the first is, so that the president will form a presidential decree related to resolving cases of human rights violations in Indonesia that have not been resolved, and take the initiative to re-run the adhoc court to try suspects who are now free without trial. Then the attorney general is expected to be able to objectively decide the cases of human rights violations that have occurred and have not been resolved as gross human rights violations, and the last is for the DPR to take the initiative to recommend the presidential decree to the president. Finally, the next target is that the community reminds the government in resolving cases of human rights violations in Indonesia. Unfortunately, this kamisan action is still weak in terms of quality and quantity, considering that the coordination between the members of the Kamisan action itself is still weak, supported by the government who is a suspect of impunity, which in the end produces movement goals that are difficult to achieve.

This study aims to analyze the implementation of Komnas HAM's authority in resolving cases of human rights violations associated with the rule of law. To describe law enforcement efforts to resolve cases of human rights violations in the future to provide legal certainty. The polemic of resolving past gross human rights violations continues to be delayed. The regime in power since the reformation has not been able to solve it because of technical juridical problems and has a special nuance, making it difficult to hold a human rights court for perpetrators in a fair and impartial manner. This research uses a normative juridical research method using written data in statutory regulations (library research) using books, journals and articles as sources. The results of this study first show that Law No. 39 of 1999 concerning Human Rights, Komnas HAM, was given 4 powers, namely: investigation, counseling, mediation and assessment. In terms of the authority to investigate, Komnas HAM is given full authority by the Human Rights Act, but this is still lacking if Komnas HAM is not given the authority to investigate at once because after conducting an investigation of human rights violations, usually, these cases will disappear without news and clarity. While the authority in mediation and counseling is appropriate as a form of prevention so that human rights violations do not occur, in carrying out its duties, Komnas HAM should not be intervened by anyone considering its position as an independent state institution.

This study explores the positive legal perspective that exists in Indonesia on human rights violations. (HAM). As a state of law, Indonesia has a responsibility to deal with various issues related to the public interest, including human rights violations. The findings can be concluded that the legal protection of human rights in Indonesia is naturally contained in the values of the Pancasila before the formation of the specific legal substance regarding human rights. With the method of normative jurisprudence research, this article is titled Implementation of the Law Regulations and Repressive Efforts to Deal with the Cases of Human Rights Violations in Indonesia by the process of collection of literary material through scrutiny, analysis, and systematic compilation of findings. The aim of this study is to examine in depth how the law is applied to cases of human rights violations in Indonesia as well as what the government is doing as a repressive effort to resolve human rights cases in Indonesia. The findings can be summarised by the fact that every country continues to strive to enforce human rights through different systems and actions, including Indonesia. In Indonesia, human rights issues are dealt with through various methods, including consultation, negotiation, media, and consultation. Governments should focus on dealing with the needs and conditions of the people, not just legal issues. Human rights issues in various regions are dealt with through various strategies, such as national and international mechanisms, the Commission on Human Rights, non-judicial machinery, and the Indonesian Human Rights Commission.

<p>Efforts to resolve human rights violations in Indonesia have been failed. It raises the question of the cause of the failure and the solution that must be taken to overcome it. The factors causing the failure of the settlement of human rights violations: (1) weak substance of legislation, especially Law number 26 Of 2000 on the Human Rights Court; (2) issues of authority and institutional relationships that are not synergistic especially between Komnas HAM and the Attorney General; (3) weak political will from the Government. The solution offered in overcoming the failure of the completion of human rights violations: (1) improve the substantial weaknesses in Law number 26 Of 2000 on the Human Rights Court by replacing it through the establishment of a new Act on Human Rights Court; (2) to organize institutional relations between Komnas HAM and the Attorney General in order to be synergistic in handling cases of human rights violations; (3) to re-establish the Truth and Reconciliation Commission (KKR); (4) The ruling government must have strong political will to resolve various cases of human rights violations with the support of civil society groups.</p>

Currently, a nursing hospital is a hospital-level medical institution in which doctors, dentists, or oriental doctors perform medical treatment mainly for inpatients under the Medical Act, and any medical person other than a doctor or oriental doctor can be opened.
 So-called nursing hospitals must inevitably have more than 30 nursing beds and have medical personnel of a certain level or higher. To open a convalescent hospital, permission must be obtained from the mayor/ province governor as prescribed by the Ordinance of the Ministry of Health and Welfare after deliberation by the City/Province Medical Institution Establishment Committee. If not, permission cannot be obtained.
 Currently, patients who are admitted to nursing hospitals are 1. Elderly patients, 2. Chronic patients, and 3. Those who have a recovery period after surgery and injury, and mainly need nursing care. With the enactment of the Medical Act in 1994, the legal concept of nursing hospitals was stipulated. Since the 2000s, the number of elderly nursing hospitals has increased rapidly in tandem with the increase in the elderly population following changes in Korea's demographic structure. In the midst of this, cases of human rights violations of the elderly continue to occur in the stages of entering and leaving nursing hospitals and living stages. The violation of the human rights of the elderly here is related to the violation of basic human rights under the Constitution and, furthermore, to the issue of elder abuse under the Elderly Welfare Act.
 Therefore, in this paper, it is hoped that policies and measures for ensuring and realizing the rights of the elderly are guaranteed and realized through the correct prevention of violations of the human rights of the elderly in nursing hospitals. First, we would like to make legislative proposals on the provision of human rights education regulations, second, the mandatory installation of CCTVs, third, the necessity of expanding medical personnel, and fourth, the unification of management and supervisory bodies for insolvent nursing hospitals.

The purpose of this study is to analyze human rights awareness and cases of human rights violations among North Korean defectors living in Korea and to identify ways to improve domestic human rights-related laws and systems in order to lay a foundation for improving North Korean human rights in preparation for future unification. This is a study to find out. In the case of North Korean defectors, it may not be easy for them to understand the concept of human rights because they lived as North Korean residents before defecting. Therefore, through an understanding of the possibility of human rights violations during the settlement process in South Korea and the human rights that they have been educated and conscious of directly or indirectly after settlement, we newly analyzed the human rights awareness and cases of human rights violations that North Korean defectors have and the human rights that are currently being applied in our country. There is a need to seek ways to improve related laws and systems, while at the same time establishing a foundation to increase human rights awareness among North Korean residents in preparation for future unification. Specifically, based on the survey conducted by the National Human Rights Commission and the Korea Institute for National Unification, the human rights of North Korean defectors are as follows: the right to physical freedom that may be violated during the investigation phase after entering the country; the right to due process in criminal cases; We examine the「Act on Protection and Settlement Support for North Korean Defectors」and the 「Unification Education Support Act」, which specify adaptation education for North Korean defectors after their settlement in the Republic of Korea, and examine the problems of our country's current human rights system for North Korean defectors. The purpose of this study is to suggest legal and institutional improvement measures to foster human rights awareness among North Korean defectors and prepare for unification.

Human Rights Violation is the act of individuals or groups, including state authorities, who intentionally or unintentionally disregard, restrict, or revoke human rights. Human rights violations committed by the Chinese government against ethnic Uighurs are also occurring in Xinjiang. The presence of human rights violations in Xinjiang is an attempt by the Chinese government to eradicate the Uighur ethnic group's indigenous culture. Also deemed to be rebels, Uighurs have joined international terrorist networks. Consequently, the Chinese government has implemented several actions and policies that are classified as violations of human rights. This study discusses two main issues, namely how cases of violations and crimes against humanity in Xinjiang in the perspective of international law and how the mechanism of settlement of human rights violations that have occurred through the perspective of international law. This research is normative legal research, the sources used are primary, secondary, and tertiary legal materials. The data collection technique is carried out using a literature study technique, and data analysis will be carried out using a normative juridical approach or seeing the law as the norm in society. The results of this study are that among these policies have led to several violations of human rights, ranging from violations of civil and political rights, crimes against humanity, economic discrimination, social, and cultural, to human rights violations against women and children. For this reason, it is very necessary to resolve human rights violations in Xinjiang through international legal instruments, namely the United Nations Charter and the 1998 Rome Statute. Steps that can be taken to resolve human rights violations in Xinjiang are through peaceful resolution of the conflict or through international courts.