Cases Of Persecution Research Articles

Kewenangan Pembimbing Kemasyarakatan dalam Melakukan Diversi Pra Ajudikasi (Studi pada Balai Pemasyarakatan Kelas II Ambon)

The criminalization of children who commit criminal offenses requires a community research report from the Correctional Center, which in this case is made by the Community Supervisor as regulated in the provisions of article 1 number 13 of Law No. 11 of 2012 concerning SPPA. One of the cases handled by the Community Supervisor is a case of persecution, based on police report Number B/113VII/1019/Reskrim. The client underwent an examination process at the Ambon Island and Lease Islands police station for allegedly committing the crime of persecution as referred to in Article 170 paragraph (1) of the Criminal Code (KUHP). The purpose of this research is to ask for consideration or advice from the Community Supervisor after the criminal offense is reported and the Community Supervisor is also not involved in the diversion process at the investigation stage. This Research uses normative legal research methods and will be studied based on positive legal provisions, as well as legal principles. and using primary, secondary and tertiary legal materials. This research uses normative legal research methods and will be studied based on positive legal provisions, as well as legal principles. and using primary, secondary and tertiary legal materials.The result and discussion shows that the authority to determine Diversion is given to law enforcement officials handling children's cases,Community Research from the Investigator as stipulated in Article 28 of Law No. 11 of 2012 concerning SPPA. After the Community Supervisor conducts the research, the results of the community research will be given to the Investigator. If the Investigators do not ask for consideration or advice from the Community Supervisor in the attempted diversion process, it can be said that the diversion process at the investigation stage is null and void.

Analysis of Military Court Decision Number 94-K/PM III-18/D/IX/ 2018 in The Case of Persecution Committed by Unscrupulous Military Personnel

The decision of the Ambon Military Court III-18 Number: 94-K/PM III-18/AD/IX/2018 is a case of persecution. Basically, the decision of the Military Court is closed to members of the TNI itself so that public opinion never sees it. The decisions taken sometimes lack a sense of justice for members of the TNI who are accused. Therefore, the aspect of justice is one of the references in seeing the judge's consideration in making a Military Court decision. This research is to analyze and examine the military court verdict number 94-K/PM III-18/D/IX/2018 in the case of persecution committed by members of the TNI that has fulfilled a sense of justice and explain and examine the legal considerations of judges in imposing Military court verdict Number 94-K/PM III-18/D/IX/2018. This research uses normative research type. It was found that the Military Court Decision Number 94-K/PM III-18/D/IX/2018 in the case did not fully fulfill the sense of justice. The verdict only in terms of substantive justice is not fulfilled, while in terms of procedural justice it has been fulfilled. Thus the verdict has not fulfilled the sense of justice for the defendant himself. The judge's legal considerations in handing down Military Court Decision Number 94-K/PM III-18/D/IX/2018 in the case of persecution committed by members of the TNI are based on facts or events that occur and are supported by existing evidence, so that the judge can make decisions in accordance with the mistakes made

A Restorative Justice Approach to The Settlement of The Persecution Crime At Police Central Barumun

It is hoped that the crime of persecution, both severe and light persecution, can be resolved by using approaches that are capable of resolving the criminal act of persecution in the jurisdiction of the Barumun Tengah Police. For example, 3 (three) cases of persecution have been successfully resolved using a restorative justice approach. Currently, the settlement of criminal acts of persecution has prioritized the principle of restorative justice by mediating and paying compensation and medical expenses to victims. The problems in this study, namely: the legal regulation of a restorative justice approach in resolving criminal acts of persecution; the process of settlement with restorative justice against criminal acts of persecution at the Barumun Tengah Police; obstacles and efforts of investigators in resolving criminal acts of persecution through restorative justice at the Barumun Tengah Police. This research is a study of the legal theory of justice which is carried out by applying a scientific analytical process. The data used is secondary data which is supported by empirical data. The data used in legal research is sourced from primary, secondary, and tertiary legal materials. Secondary data collection was carried out using library research techniques and data collection tools in the form of document studies. Empirical data were collected using field study techniques and data were collected through in-depth interviews. Data analysis used qualitative methods. Conclusions are drawn using the inductive method. The results of the study show that: The legal arrangement of a restorative justice approach in resolving criminal acts of persecution to date, starting from the level of investigation, prosecution, to trial; The process of resolving with restorative justice against criminal acts of persecution at the Barumun Tengah Police, starting from the pre-restorative justice stage, restorative justice stage, and post-restorative justice stage; The most conspicuous obstacle is the legal culture barrier related to requests for compensation by the victim's family which the perpetrators cannot fulfill.

The Role of Indonesian Diplomatic Representatives in Resolving Cases of Persecution of Indonesian Migrant Workers in Malaysia

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p>To achieve economic improvement and the welfare of its citizens, Indonesia is one of the countries that supports the practice of sending workers abroad or often referred to as Tenaga Kerja Indonesia (TKI). One of the leading destination countries for Indonesian migrant workers is Malaysia due to the geographical proximity and cultural similarities. However, the large number of Indonesian migrant workers in Malaysia is also proportional to the number of human rights violations experienced by Indonesian workers. Violations of rights such as embezzlement of salaries, physical torture, to murder often occur to Indonesian migrant workers in Malaysia. Based on the condition, the writer aims to analyze the role of the Indonesian government in protecting TKI who experience human rights violations in Malaysia through diplomatic representatives.</p></td></tr></tbody></table></div>

Penerapan Prinsip Persona Non Grata Terhadap Duta Besar Ditinjau Dari Perspektif Hukum Internasional (Studi Kasus Penganiayaan TKI Oleh Duta Besar Arab Saudi Di Jerman)


 
 
 A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non- grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.
 
 

Legal Protection for Indonesian Migrant Workers Who Commit Criminal Act Abroad Viewed from Legal Perspective in Indonesia

This study aimed to determine how the legal protection of Indonesian Migrant Workers if they were involved in criminal cases abroad where the migrant workers works. This research was a qualitative research with a normative juridical approach. The method used in this research was the literature review method. The data obtained were then analyzed descriptively. Based on the research results, it was stated that there were still many cases of persecution by Indonesian Migrant Workers in the countries where they work. This resulted in the migrant workers being caught in a legal case in that country because of the human instinct to protect himself. Based on International Law and also National Law in Indonesia, especially laws related to the protection of Indonesian Migrant Workers, migrant workers must be protected. In Law Number 18 year 2017 concerning Protection of Indonesian Migrant Workers, it has been stated that Indonesian Migrant Workers and their families get protection from before working in the form of administrative and technical protection, protection during work and protection after work.

PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

Pigeon and Poultry Breeders, Friends or Enemies of the Northern Goshawk Accipiter gentilis? A Long-Term Study of a Population in Central Poland.

Simple SummaryThe population of goshawks crashed in the middle of the 20th century due to persecution, forest management practices, and the usage of toxic pesticides (DDT) in agriculture. Now, it has rebuilt, yet the population trend is not equal across countries. Here, we focused on a goshawk population in central Poland for which monitoring started in the 1980s (high densities were recorded at that time of 16.3 pairs/100 km2) to see how changing environmental factors influenced the current population trend. In the field and forest mosaic, these birds build their nests in small forest complexes, but important prey tend to be caught near farmsteads. This has previously resulted in the persecution of the birds by farmers. Anthropogenic food (poultry and domestic pigeons) played a key role in their population density. Consequently, when the anthropogenic food base was limited (due to changes in the Polish farmland), population abundance dropped by half. As supplementary prey (including small-game and most corvid species) were not abundant, goshawks could not replace their staple food of anthropogenic origin. This demonstrates the complex way in which socioeconomic changes in agriculture can influence a raptor population: both positively (fewer cases of persecution are being recorded now) and negatively (small-scale breeding of pigeons and poultry became unimportant and unprofitable, and small game abundance decreased due to changes in farming practices and farmland structure). In this study, we focused on a goshawk population in central Poland (study area 105 km2, forests 24 km2, seven small forest complexes) which was monitored long-term (with high densities recorded in the 1980s of 16.3 pairs/100 km2 despite persecution by farmers) to analyse how environmental factors (prey availability and changes in the forest structure) influenced population abundance, breeding parameters, and diet composition. The study was undertaken from 2011–2018, and the results were compared with published data from two previous study periods (1982–1992 and 2001–2003). The number of breeding pairs dropped from 17.1 to 8.0; the breeding success was around 75% in all study periods. The selection of nesting trees followed the changes in stand species and age structure. More nesting attempts per one nest were recorded in the current time period (1.7 vs. 1.1), which probably reflected lower anthropopressure (i.e., no cases of persecution were recorded in this study). Diet composition seemed to follow changes in the prey availability: The share of domestic pigeons and poultry (the main prey in the 1980s) as well as small game dropped, while the share of Eurasian jay and wood pigeon increased. Our studies suggested that anthropogenic food (poultry and domestic pigeons) played a key role for the goshawk population in the transformed habitats of the field and forest mosaic.

Eliminating the high abortion related complications and deaths in Cameroon: the restrictive legal atmosphere on abortions is no acceptable excuse

BackgroundThe abortion law in Cameroon is highly restrictive. The law permits induced abortions only when the woman’s life is at risk, to preserve her physical and mental health, and on grounds of rape or incest. Unsafe abortions remain rampant with however rare reported cases of persecution, even when these abortions are proven to have been carried out illegally.DiscussionAvailable public health interventions are cheap and feasible (Misoprostol and Manual Vacuum Aspiration in post abortion care, modern contraception, post-abortion counseling), and must be implemented to reduce unacceptably high maternal mortality rates in the country which still stand at as high as 596/100.000. Changes in the legal status of abortions might take a long time to come by. Albeit, advocacy efforts must be reinforced to render the law more liberal to permit women to seek safe abortion services. The frequency of abortions, generally clandestine, in this restrictive legal atmosphere has adverse economic, health and social justice implications.ConclusionWe argue that a non-optimal or restrictive legal atmosphere is not an acceptable excuse to justify these high maternal deaths resulting from unsafe abortions, especially in Cameroon where unsafe abortions remain rampant. Implementing currently available, cheap and effective evidence based practice guidelines are possible in the country. Expansion and use of Manual Vacuum Aspiration kits in health care facilities, post-abortion misoprostol and carefully considering the content of post abortion counseling packages deserve keen attention. More large scale qualitative and quantitative studies nationwide to identify and act on context specific barriers to contraception use and abortion related stigma are urgently needed.

La persecución religiosa en el siglo XXI

Las persecuciones de cualquier tipo son actos deplorables, especialmente aquellas que son de tipo religioso, porque limitan la libertad del ser humano en su relación con Dios. Lamentablemente la historia universal nos ha mostrado que las persecuciones religiosas tienen su origen desde la edad antigua. Ante esto poco o mucho se ha podido hacer para evitarlas. El presente ensayo emplea un enfoque histórico-sociológico perteneciente al campo de las ciencias políticas para poder explicar las causas de las persecuciones, privilegiando el estudio del entorno social. Como evidencia empírica se han escogido los casos del genocidio de los cristianos armenios a fines y comienzos de los siglos XIX y XX, junto al caso de la persecución religiosa efectuada en la población Izadi por parte del grupo terrorista Estado Islámico (Daesh). Finalmente, este trabajo invita a la reflexión, planteando la propuesta de retomar el diálogo intercultural propuesto por el austriaco Hans Köchler y del expresidente iraní Mohammad Jatamí durante el siglo XX, como una opción que permita desarrollar la tolerancia y favorezca el entendimiento entre diferentes culturas con el fin de trabajar conjuntamente y evitar nuevos casos de persecuciones.

Reports on badgers Meles meles in Dutch newspapers 1900–2013: same animals, different framings?

Abstract Culling wild badgers Meles meles in an attempt to control the spread of bovine tuberculosis (bTB) infections in domestic cattle has provoked a long and fierce debate in the UK. Research has shown that the controversy over badger culling exists because of fundamental differences in how badgers and their relationship with humans are framed (viewed and described) by various people and groups. However, these different framings pre‐existed the bTB badger culling debate. In the Netherlands, bTB is absent in cattle. Until the 1980s, the badger population showed a strong decline, due to persecution and increasing road traffic intensity. Since the 1990s, the badger population has increased substantially, which has led to more confrontations with humans (more collisions with vehicles, more damage to crops, etc.). Yet badgers seem far less controversial than in the UK. Moreover, cases of persecution are now seldom reported. This suggests that badger framings in the Netherlands are less extreme than those in the UK, and have become less focused on negative aspects of badgers. Badger framings can facilitate or hinder badger protection. We identify badger framings in the Netherlands, provide explanations for these framings and how they change over time, and explore the consequences of framings in terms of how humans act towards badgers. We then compare the Dutch badger framings to the UK badger framings. The paper is based on an analysis of over 1400 reports in almost 1200 articles that were published during the last century in Dutch newspapers. Dutch badger framings are more nuanced than those in the UK. The specific situation of badger–human interaction appears to have an important influence on badger framings, and thus on the protection of badgers.

The Cosmopolitics of Asylum-Seekers in the European Union*

The UNHCR asylum regime, implemented in the 1950s in response to the displacement of people in Europe, must now respond to asylum as a global and ongoing phenomenon. A new paradigm is emerging within the European Union that seeks to define the right of asylum within broader economic and security objectives. Within this paradigm, EU asylum policies contain their own contradiction, seeking both to expand the forms of persecution to account for changing global contexts and limit those deserving asylum by defining groups of clear cases of persecution, in effect removing discretion on an individual basis. In the balance, asylum-seekers are increasingly viewed as criminal, to be kept off of the territory and outside of the “public space.” Through an analysis of the legal and judicial developments of asylum in the EU and the UK, as a member state, this study seeks to understand the right to asylum as embedded within a cosmopolitics of layered legal authority that supports the broader neo-liberal economic order.

Hacia la codificación del asilo diplomático en el derecho internacional

Diplomatic asylum is a kind of asylum that is granted on the ground belonging to a diplomatic mission. The Latin American countries have a number of legal regulations regarding this kind of asylum. According to Sosnowski not many other countries do have the institution of diplomatic asylum codified. The legal basis for such asylum was set by conventions in Havana (1928), Montevideo (1939) and Caracas (1954). The existence of such regulations can be related to the legal recognition of "urgent" cases of persecution. The above mentioned legal acts also describe who can qualify for such asylum.
 English abstract/description written by Michał Gilewski