Basic Rights Of Citizens Research Articles

Ensuring Personal Data Protection in Telemedicine Services

The development of technology utilization in terms of the business sector in various fields makes its own challenges in providing consumer protection. then it is necessary to know that the Personal Data Protection of telemedicine service users provides consumer protection accommodation. There are aspects of protection for consumers as service users of personal data. Control of personal data should be carried out by companies that use technology in their business activities, in this case the organizers of electronic systems as required by existing regulations. The protection of consumers has been accommodated in the Consumer Protection Law (1999). Problems with data leaks that occur in Indonesia are problems experienced by consumers as users of digital services. Protection of personal data is a basic right of citizens and therefore the role of the State as the competent authority in the management and regulation of personal data. To ensure accommodation of personal data protection in the business development of digital start-up companies, it is necessary to study the accommodation of personal data protection as a form of protection for consumers in the Consumer Protection Law ( 1999) by Digital Start-up Companies as service providers. Normative research method with conceptual and legal approach is used to explain the facts. The results of this study show that the Consumer Protection Law (1999) on Consumer Protection has not provided regulatory accommodation that provides data protection for consumers of telemedicine. Output from this research can be a guideline for consumer protection practices in digital start-ups as required by the Consumer Protection Law (1999) and recommendations for relevant stakeholders in digital start-up services.Keywords: Consumer Protection; Personal Data Protection; Start-Up.

The Changes of the Basic Rights in the Current Constitution of China

The current Constitution of the People’s Republic of China is the 1982 Constitution, which is the fourth constitution after the founding of the People’s Republic of China. The provisions of the current Constitution on the fundamental rights of citizens are generally similar to those of the first Constitution of 1954, but are more specific, while the freedom of movement provided for in the 1954 Constitution is deleted. The 1975 Constitution and the 1978 Constitution are the second and third Constitutions, respectively. Because of their special historical period, the provisions on fundamental rights in these two constitutions are retrogressive and failing. The historical background of the revision of the Constitution, the possibility of realizing rights and the level of social development are the main reasons for determining the provisions of the basic rights of citizens in the 1982 Constitution. In 2004, the current Constitution was amended to include “the State respects and protects human rights,” which establishes the constitutional obligation of the State to guarantee human rights. In practice, there is still ongoing debate over how the State’s guarantee obligations are implemented and whether citizens can file lawsuits if they believe that their fundamental rights have been violated. In recent years, the recordation review has partially realized the supervision of legislation that may infringe on citizens’ basic rights by reviewing the constitutionality and legality of laws and regulations, but citizens have not been able to directly protect their rights through litigation. The changes in the basic rights of citizens in terms of constitutional provisions and legal guarantees over the past 40 years are the result of the development of the rule of law in China. In order to more effectively solve the problem of constitutional rights from text to reality, it is also necessary to further develop the constitutional review system.

Konsep dan Urgensi Konstitusi dalam Kehidupan Berbangsa dan Bernegara

This study explores the concept and urgency of the constitution in the context of national and state life. The Constitution is a fundamental legal document that provides a framework for the organization and operation of the state, as well as establishing the basic rights of citizens and limits on government power. The constitution also plays an important role in maintaining political stability, ensuring justice, and protecting human rights. The urgency of the constitution is reflected in its function as a basis for the supremacy of law, promoting national unity, and balancing power between state institutions. This study identifies that a good understanding of the constitution is important for the success of a democratic system and the sustainable development of a country.

Implementasi Program Jaminan Sosial Ketenagakerjaan bagi Tenaga Kerja Bukan Penerima Upah di BPJS Ketenagakerjaan Padang

The existence of high threats and work risks that can occur at any time to the entire workers can have an impact on the welfare of workers. Therefore, there is a need for social protection for workers so that they can be protected from all threats and risks resulting from work. Especially for the Non-wage workers in Padang city which number of Non-wage workers in Padang city is quite high. Program of BPJS Employment is a government effort to fulfill the basic rights of citizens to obtain protection from various socio-economic risks resulting from work threats. This research aims to know how the implementation of employment social security program for Non-Wage workers at BPJS Employment Padang City. This study uses a qualitative approach with a descriptive method. Data collection techniques were conducted through interview, observation, and documentation. This research uses the theory of Van Meter and Van Horn, which consists of six variables: policy standards and objectives, resources, characteristics of implementing agents, inter-organizational communication, attitudes or tendencies of implementers, and social, economic, and political environmental conditions. Based on the research findings, the researcher concludes that the implementation of the Employment Social Security Program for Non-Wage Workers at BPJS Employment in Padang City has been implemented, but its application is still not optimal. There are still several obstacles in the implementation of the BPJS Employment Program, such as the lack of human resources in program implementation. Furthermore, there is a lack of knowledge and understanding, as well as misunderstandings among the public regarding the BPJS Employment Program. In addition, there is inconsistent communication and coordination with labor institutions and organizations, and the presence of other insurance institutions that may hinder the implementation of the BPJS Employment Social Security Program.

The Boundary of the Reduction of Citizens’ Right to Education in Major Public Emergencies

The boundary of the reduction of citizens’ right to education in major public emergencies is an important practical issue that adheres to the rule of law principle and the bottom line of social justice. Understanding the constitutional connotation of the right to education and judging whether the major public emergencies represented by the COVID-19 pandemic can provide a legitimate basis for its reduction is an important premise for the study of this issue. According to the relevant provisions of China’s Constitution and laws and the academic research on the connotation of the right to education, the right to education is the basic right of citizens, with the dual attributes of right and duty, freedom and social rights, equality and process. According to the theory of “minimum human rights” and “non-derogable rights”, major public emergencies can provide a certain justification for the reduction of the right to education, but this kind of reduction has a boundary. In constructing the boundary of the reduction of the right to education, the bottom line should be that the substance of the right to education should not be violated, the coordination and unity of the individual interests of educated citizens and the social public interests to curb the spread of the epidemic should be the key, and the principle of proportionality should be the guideline.

KEBERADAAN MAHKAMAH KONSTITUSI DI INDONESIA DALAM PERANNYA MENJAGA HAK ASASI MANUSIA DAN HAK KONSTITUSIONAL WARGA NEGARA (SUATU PERWUJUDAN NYATA)

The Constitutional Court is one of the judicial institutions in Indonesia, which was formed based on Article 24C of the 1945 Constitution and Law no. 24 of 2003 concerning the Constitutional Court. The powers of the Constitutional Court, such as: 1) Reviewing laws against the 1945 Constitution, 2) Deciding disputes over the authority of state institutions whose powers are granted by the 1945 Constitution, 3) Deciding the dissolution of political parties; and 4) Resolving disputes about the general election results. The purpose of writing is to see how far the authority of the Constitutional Court is applied in carrying out its functions and powers by using the normative juridical writing method. The findings prove that the Constitutional Court has carried out as stipulated in the 1945 Constitution and legislation and implemented a rule of law that recognizes and protects and guarantees the basic rights of citizens to the need for justice (access to justice) and equality before the law (equality before the law).

Research on Exclusionary Rules of Illegal Speech Evidence

The rule of illegal speech evidence was established late in our country, and the phenomenon of obtaining illegal speech evidence through torture and other illegal means has always existed in the practice of criminal proceedings. At present, our country has not established a unified and standardized standard for the exclusion of illegal speech evidence. Starting from the general theory of illegal speech evidence, this paper introduces the status quo and difficult problems of illegal speech evidence in our country through the proof standards of illegal speech evidence exclusion system, such as the basis, inadmissibility and exclusion value, so as to continuously improve the rules of illegal speech evidence exclusion and continue to exert judicial fairness and justice. To safeguard the basic rights of citizens and promote the development of civilization by law in our country.

Reflections on Police Law Enforcement and Civil Rights Protection based on Constitutional Perspective

How to better protect the basic rights of citizens in today's era has increasingly become the focus of attention. In order to guarantee that citizens' rights are not violated in the process of police law enforcement, the police should cultivate constitutional thinking and rule of law thinking, to ensure that the exercise of power abides by the boundaries of the constitution, and to fully protect the constitutional rights of citizens is the effective way to solve the conflict between state power and citizens' rights.

A Policy Proposal on the Counter-terrorism Directive of the Ministry of National Defense

This study aims to examine the history, legal character, and limitations of the 'Counterterrorism Directive of the Ministry of National Defense' and propose directions for revising relevant laws to overcome these limitations. The 'Counterterrorism Directive of the Ministry of National Defense' is an administrative rule and internal regulation that cannot serve as a legal basis to infringe upon the basic rights of citizens or restrict their freedom. The 'Counterterrorism Directive of the Ministry of National Defense' is an administrative rule and internal regulation that cannot serve as a legal basis to infringe upon the basic rights of citizens or restrict their freedom. There is also a concern that the overlapping involvement of the Defense Counterintelligence Command and the Criminal Investigation Command of the Ministry of National Defense in counterterrorism investigations could lead to confusion during the initial stages of the investigation. Therefore, it is necessary to revise the relevant laws to ensure legal control over the military's counterterrorism investigations and the collection of information on terrorist suspects, and the reevaluation of the counterterrorism investigative agency for military facilities should be conducted.

International efforts in suppressing the financing of terrorism in the context of legal harmonisation of the Republic of Serbia

Contemporary terrorism is one of the critical social problems, a serious threat for life, basic rights of citizens and values of society. However, its financing it is recognized as a special security risk, as an illegal and very dangerous practice that represents a significant threat to national and international security. Terrorist organizations and their activities such as planning, preparation and execution of terrorist acts they are most often supported by funds from illegal sources, although the fact that in quite a few cases, financing is done with completely legal means. Given on the role that financing has, as an indispensable element of the fight against terrorism, is imposed precisely the fight against its financing. Due to the national and international character of this criminal activities, it is necessary that the efforts invested in suppressing financing and in general terrorism have a transnational character with a large investment in mutual cooperation. Only some of the efforts are the application of strict financial regulations, the monitoring of suspicious transactions and freezing the assets of suspected individuals or organizations involved in terrorism. Text aims to point out the institutionalized efforts that have been made so far in the field of combating the financing of terrorism. in addition, a review will be made mechanisms established by the Republic of Serbia in the field of combating the financing of terrorism, in accordance with the efforts of the international community in that field.

Паліативна допомога: еволюція філософсько-соціальних уявлень

The work shows that in the ancient world, only the people of Israel had principles of providing palliative care at the legislative level, which was due to the high ethical values of the religion of Israel and the presence of the Ten-Word Law of God, while the religions and philosophies of other peoples of antiquity were not given because of what they preached. no basis for the formation of palliative care as such. In the Middle Ages, concepts and doctrines preached by the state medieval church of Europe, according to which, in particular, pain should be endured as God’s punishment or test, made it impossible to form palliative care at the state level. Over time, the Great Reformation created conditions where Christian ethics with its principles of charity and care for one’s neighbor became the main factor influencing these processes. It was the changes in belief, in the background of public views on obligations to moral values, which are based on the values of the faith of the apostolic times, that prompted the authorities of numerous European cities to pay attention to the activities of church hospitals, and over time to the creation of city-communal hospitals and hospices. It is shown that the achievements of modern history demonstrate that the creation of an effective palliative care system is impossible without basic moral principles and spirituality. It should be a part of building the state as a whole, an important component of the functioning of civil society and ensuring the basic rights of citizens regarding life and health.

IMPLEMENTATION OF ONLINE BIRTH CERTIFICATE SERVICES THROUGH THE CLAMPID AT THE CANTIAN DISTRICT OFFICE OF CANTIAN SURABAYA CITY

Public service is the fulfillment of the basic rights of citizens by the government, one example of public service is population administration such as administering birth certificates. Pabean Cantian Sub District as the organizer of population administration, especially birth certificates by utilizing technology via Klampid on the E-Kios machine, which is an electronic media that functions to facilitate services to the community. The purpose of the study was to determine the application of birth certificate services via Klampid at the Sub District Office of Pabean Cantian, Surabaya City and to find out what the supporting factors and inhibiting factors were. The type research used is descriptive qualitative method. Meanwhile, the focus of the research is using the concept of the Surat Keputusan MENPAN Nomor 63 Tahun 2003 concerning the Principles of Public Service. The results showed that the implementation of Birth Certificate Services via Klampid at the Sub District Office of Pabean Cantian, Surabaya City was in a good category on the indicators of Simplicity, Security, Responsibility, Time Certainty, Discipline, Politeness and Hospitality, while the indicators of Completeness of Facilities and Infrastructure were still not good.

지방대육성법령상 지역인재 선발규정의 위헌성에 관한 연구

The Act on the Development of Local Universities and Colleges and Regional Human Resources (the “Act on Local Universities”) mandates local universities and colleges to allocate a fixed percentage or more of their admission quota to local applicants, identified in the Act as regional human resources. Such a mandatory admission system has the following ground for further unconstitutionality. First, Section 15(6) of the Act on Local Universities violates the rule against blanket delegation, because: (1) delegation is implemented when there is no need; and (2) no predictability can be recognized. In addition, the regulation section 10(3), promulgated under the Act on Local Universities, likewise does not provide any predictability, and the relevant provisions under the rule allow arbitrary interpretation and enforcement by the administrative agencies, violating the principle of clarity. Furthermore, the system at issue interferes with the local universities and colleges’ right to the autonomy of institutions of higher learning and the right to carry out necessary education to pursue an occupation of their choosing held by the applicants who have graduated from universities and colleges in the Capital city area, by violating the doctrine against over-inclusiveness, a basic doctrine the government must comply with whenever it attempts to interfere with the basic rights of citizens. Finally, the scheme under the Act on Local Universities violates the principle of equality, as it imposes the obligation of admitting local talents only upon local law-schools, not upon the law schools located in the Capital city and its suburbs. There is no reasonable justification for such a discriminatory treatment of law schools. Accordingly, the scheme of selecting local talents under the Act on Local Universities must be stricken down, or if the government wants to continue the system, there should be legislative amendments and improvements to the system. First, when the Act on Local Universities delegates legislative authorities to rule-making agencies, the legislature must specify the maxim ratio of local talent admission in the Act itself, and only the authority to determine detailed ratios shall be delegated. Second, the timing to implement the system must be specified in the rules, considering the possibility of local law schools’ failure to fill the mandated ratio. Third, the definition of local talents shall be enlarged to include those who have graduated from relevant local high schools. Here, it should be noted that the government, central or local, shall fully support such local talents financially so as for such students to focus only on pursuing their legal education. Fourth, the duty to admit local talents shall be imposed also upon law schools located in the Capital city and its suburban cities so that the burden is shouldered fairly.

IMPLEMENTASI HAL ASASI MANUSIA INTERNASIONAL DALAM PEMENUHAN ASAS MEMBERSHIP OLEH MYANMAR KEPADA ETNIS ROHINGYA

The state is obliged to ensure that every citizen gets basic rights, however, in practice the state can fail to fulfill the basic rights of citizens. In Myanmar, cases of human rights violations have occurred for years, namely cases of human rights violations against the Rohingya. Current developments, the Rohingya are still in refugee camps in Bangladesh, because the Myanmar government has not given a sign to accept the Rohingyas back. The research methodology used is qualitative observation with a literature study approach. The observations used in our research use natural setting theory which aims to explore and explore in depth a meaning or problem. During the time the researcher made observations, the research understood and rewrote material related to important and interesting events or phenomena in the context of our group's research. The Rohingya group experienced discrimination from the government and civil society of Myanmar, namely in the form of restrictions on the right to marry and have children, not providing birth certificates, to destroying school buildings as well as mosques and prayer rooms. Myanmar also has the 1982 Citizenship Act to revoke Rohingya citizenship. Myanmar fulfills two important elements in the Internationally Wrongful Act, namely violations of international obligations and these actions can be attributed to Myanmar. The first settlement effort is through the establishment of the International Criminal Court to reconcile human rights violations. Second, efforts to determine the fate of the Rohingya ethnicity in terms of international law, researchers propose that Myanmar provide a membership principle, so that they gain access to education, the economy, and health or the Myanmar government can provide options for the Rohingya ethnic group to continue to join on condition that they are granted special autonomy or grant independence in a voluntary manner. absolute to them.

Terrorism and the Performance of Journalists in Balochistan

Purpose: Freedom of speech and freedom of the press is generally attributed to an independent society where the basic rights of citizens are ensured. Balochistan, the western and resources rich province of Pakistan with its huge geopolitical importance has been under a strong wave of terrorism for the last two decades. This menace of terrorism has severely affected citizens of the province including media workers.
 Design/Methodology/Approach: This research endeavor is an attempt to explore the impact of terrorism on the performance of media professionals in Balochistan. The study is based on the Hierarchy of Influence model which provides ground to explore the influence of terrorism. In this quantitative study, the researchers employing the systematic sampling technique have selected 50 media professionals out of 194 registered journalists of five press clubs; Quetta, Chaman, Noshki, Mastung, and Loralai.
 Findings: The survey findings show that terrorism has badly affected the quality of their reporting. The study also reveals that objective journalism is hard to follow in the province by journalists as they are always threatened not only by terrorists but also by the law enforcement agencies to mold the reports in their favor.
 Implications/Originality/Value The findings also indicate that terrorism has also affected journalists’ personal lives.

ALGORITHM FOR ORGANIZING AND CONDUCTING A SUCCESSFUL INTEREST REPRESENTATION ADVOCACY CAMPAIGN

Today, social advocacy is an effective tool for social change that influences attitudes, relations in the society, strengthens civil society, and contributes to the opening of democratic spaces for the implementation of best practices in social work and social equality. Social workers are aiming at helping people who are suffering from unemployment, violations of rights, difficult life circumstances, discrimination, etc. Thus social workers are in the constant process of individual work with vulnerable groups and often use interest representation as an intervention (protection of rights, representation of interests of individuals/groups of people to gain access to services, etc).
 
 The article analyzes several legal provisions that regulate advocacy, in particular, determining the basic rights of citizens and their associations. An algorithm for a successful advocacy campaign to represent the interests of vulnerable groups is proposed, which consists of eight stages (identification of social problems and goal setting, problem analysis, and goal setting, targeting, finding and identifying allies, identifying resources, creating a work plan, implementing a plan, monitoring and evaluation).
 
 The peculiarities and difficulties that may arise during the planning and implementation of the advocacy campaign are identified (weakness of the initiative group working on advocacy campaign planning; refusals and inaction of a certain "target" (representative of the authority)) advocacy team); too long campaign and, as a result, exhaustion of the initiative group; difficult confrontations of stakeholders who resist and have strong ties to the government; the unfavorable political situation for the social problem that needs to be solved; corruption schemes). Therefore, it is critical to focus on the systematic information component of the campaign (through constant communication with stakeholders), the availability of information to be conveyed to the target audience, be an attentive and timely response to arguments, and evidence of vulnerable groups affected by advocacy. It is emphasized that an important aspect of planning and implementing an advocacy campaign is to form a coalition and expand partnerships with other organizations that work in the context of a particular social problem or want to expand their activities.

On the Necessity and Feasibility of the Constitutional Judicialization

The proposal of "constitutional judicialization" is the product of the continuous development of constitutional theory and the needs of practice. Constitutional judicialization in a broad sense includes unconstitutional review and constitutional judicial judgment. The essence of constitutional judicialization in China is the judicial relief of constitutional rights, which aims to protect the basic rights of citizens. The judicialization of China's constitution must be carried out under the existing political and judicial system, so as to safeguard the people's democratic dictatorship and the people's Congress system. Specifically, we can effectively realize the judicialization of the Constitution in the form of indirect application of the constitution through constitutional interpretation, which can not only safeguard the authority of the National People's Congress and its Standing Committee, but also effectively protect the basic rights of citizens.

Legal Protection For Citizens Rights’ From Quarantine Areas Secretly And Without a Basis During The Covid19 Pandemic

: Covid-19 pandemic that occurred in several countries in the world, including Indonesia, caused many new phenomena in society, including in legal, social and economic terms. The police have carried out many dispersal of crowd activities ranging from cafes to parties. Many short videos have been circulated about the disbandment of the party and statements by members of the National Police that ordering their subordinates to take the organizer of the activity to the police station. Starting with the Declaration of the Head of the Indonesian National Police Number: Mak/2/III/2020 regarding Compliance with Government Policies in Handling the Spread of the Corona Virus (Covid-19) on March 19th 2020. POLRI also issued the “Covid-19 Pandemic Guidelines for Law Enforcement”. On page 9 it says that, “Restriction of movement at crossing points the border, in the Lock Down area”. The implementation of emergency conditions, dispersal force, including the secretive area quaantine not only caused panic for the community but also had an impact on social and economic life, especially for the poor and vulnerable group. The fulfillment of basic human rights, such as the right to get food and other necessities during the emergency period becomes very difficult, on the other hand they are actually sanctioned because they do not follow the emergency status, which actually doesn't exist yet. Basically, guarantees for the protection of the rights of Indonesian citizens have been guaranteed in the 1945 Constitution of the Republic of Indonesia and there are also various laws that regulate human rights. However, there are several forms of government discretion regarding emergencies that have resulted in many interpretations of guaranteeing the rights of citizens in the future, in addition, many legal policies have changed as an effort to deal with the Covid-19 Pandemic in Indonesia. The identification and analysis of legal regulations needs to be carried out more in-depth research, both in terms of regulations and policies to ensure the rights of citizens so that they are protected during the pandemic in Indonesia. The phenomenon of regional quarantine is becoming widely practiced in various regions, but have these activities been researched regarding the fulfillment of the basic rights of citizens? Especially for regional quarantine which is implemented secretly and is not in accordance with the Covid-19 pandemic. Therefore, it is necessary to analyze the legal regulations properly so that Government policies in order to accelerate the handling of the Covid-19 Pandemic do not violate the basic rights of citizens. The research method that used in this research is Normative legal research, with an emphasis on the source of law, legislation, government policies and existing literature. The research analysis method that used is descriptive analysis. To do a follow up of this research in order to have more value, then after this research is complete, the researcher will upload the results of this research to an accredited national journal and this can be used as teaching materials and discussions related to Law and Human Rights and the State of Law and Democracy especially in the Faculty of Law, University of Merdeka Pasuruan..

MEMAHAMI DAN MENDESKRIPSIKAN HUBUNGAN NEGARA HUKUM DENGAN HAM

Human rights on the one hand by the concept of natural law is an inherent right of every individual human being since birth, but on the other hand the legality of human rights must be shaped by the flow of positivism. The debate over whether human rights should be stipulated in the constitution also influence the discussion of the UUD 1945. Finally, the UUD 1945 amendments regulate the basic rights of citizens more fully starts from the premise that human rights protection is an important element in the concept of a constitutional state. Incorporated therein also setting mechanism of "judicial review" in the Constitutional Court as a means to avoid any legislation contrary to the fundamental rights of citizens as guaranteed in the constitution.
 

THE SHARECROPPER AND THE PRESIDENT: TWO LEADERS AT THE CROSSROADS OF DEMOCRACY

AbstractThe author discusses the civil rights leadership of Fannie Lou Hamer, who rose from humble beginnings as a “poor, Black, Mississippi sharecropper,” to deliver “searing testimony at the Democratic National Convention during a hearing in front of the national party’s Credentials Committee” on August 22, 1964. The author calls leaders like Hamer “natural born,” and contends these leaders “do not follow the traditional path to positions of power and influence—they don’t have access to the best schools, employment opportunities, financial resources, or powerful interpersonal relationships and connections that position them for leadership.” Hamer was “poorly educated and raised in extreme poverty in an era when African Americans were denied equality and basic citizenship rights.” She “developed literacies distinctly separate from the spotty education she received in underfunded and segregated Black schools in Mississippi…her leadership sparked a dramatic movement forward in the fight for civil rights. In 1968, at the DNC convention in Chicago, Hamer’s state delegation was seated on the floor and Mississippi’s all‐white party was turned away. When she stood at the podium as a delegate from Mississippi, she received a standing ovation. That year a record 340 Black delegates and alternates from across the country sat and voted for the party’s nominees.”