Cases Of Human Rights Violations Research Articles

Implementasi Peraturan Hukum dan Upaya Represif yang Dilakukan Untuk Menangani Kasus Pelanggaran HAM di Indonesia

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.

Pelanggaran Hak Asasi dalam Rumah Tangga Perspektif Hukum Keluarga Islam dan Kitab Undang-Undang Hukum Positif Indonesia

This study aims to analyze violations of human rights within the household from the perspectives of Islamic family law and the Positive Law of Indonesia. The research methodology employed is a descriptive-analytical approach, involving data collection from various sources such as literature, legal documents, and case studies. The findings indicate that violations of human rights within the household often occur in various forms, including physical, psychological, and sexual violence, and neglect. In the context of Islamic family law, principles of justice, equality, and family welfare serve as guidelines for addressing cases of human rights violations within the household. On the other hand, the Positive Law of Indonesia provides a strong legal framework for protecting individual rights within the household, although its implementation may require further improvement. Therefore, collaborative efforts among legal institutions, civil society, and religious organizations are necessary to enhance awareness, protection, and enforcement of human rights within the context of the household.

The Role of Good Governance in Promoting Human Rights in Sudan

For several decades, Sudan has been plagued by persistent human rights violations, which have caught the attention of the international community, including organizations such as Amnesty International, the African Union, and the United Nations. This paper explores the role of good governance in promoting human rights in Sudan, utilising a qualitative research methodology and collecting secondary data from online sources such as Amnesty International, Sudan Human Rights Report, Human Rights Watch, and Reuters to examine human rights abuses in Sudan from 2010 to 2023, alongside academic journals. A case study approach is used to deeply explore cases of human rights violations in Sudan using secondary data. Findings show that human rights violations persist in Sudan due to ongoing war and state security involvement in violation acts. The research is grounded in John Locke’s social contract theory. The study sheds light on various human rights violations that are prevalent in Sudan, such as arbitrary detention, torture, suppression of freedom of expression, and discrimination, and the consequences of these violations. The article concludes that good governance is essential for protecting and promoting human rights in Sudan and recommends that efforts be made to strengthen governance and foster an environment where human rights are respected and upheld.

Illegal Online Loan (Pinjol) in Indonesia: Ethical and Human Rights Perspectives

The objective of this research is to explore the pervasive issue of illegal online loan (Pinjol) in Indonesia, focusing on its implications on human rights and ethical standards. This research uses sociolegal research method combined with statutory, sociological and case study approach, using secondary data which are analysed qualitatively. Through an analysis of factors driving individuals towards illegal Pinjol, regulatory frameworks governing Pinjol transactions, and the alarming cases of human rights violations related to Pinjol, this research highlights the multifaceted nature of the problem. Drawing on insights from government initiatives, regulatory measures, and proposed solutions, this research underscores the importance of comprehensive strategies to address illegal Pinjol practices while protecting the rights and dignity of consumers. By advocating for public awareness campaigns, enhanced consumer protection measures, community engagement, and strengthened legal frameworks, Indonesia can achieve a fair and transparent digital economy that prioritizes the well-being of all Indonesian citizens.

Article: Arbitragem, Empresas e Direitos Humanos: uma Análise das Cláusulas Modelo e das Regras da Haia

Global value chains are characterized by the fragmentation of the production process and, in most cases, involve different companies with a presence in more than one country. This ends up increasing legal problems at a supranational level, especially with regard to human rights violations. In this fragmented legal context, arbitration emerges as an alternative to traditional state modes of conflict resolution. Based on the study of two emblematic cases of human rights violations in global value chains – the Rana Plaza disaster and the Kiobel v. Shell case – as well as bibliographical and documentary research, this article intended to investigate whether arbitration is an appropriate method for the resolution of conflicts of this nature, capable of ensuring the protection of victims’ rights in the face of business interests. It is concluded that both at a material level – through initiatives created by multilateral organizations – and at a procedural level – based on adaptations made by the Hague Rules – there is a normative framework concerned with the effectiveness and balance in the prevention and repair of conflicts involving companies and rights human rights, which increases the number of tools available to victims to seek redress for violations of their rights. International law; human rights; arbitration; Rana Plaza; Kiobel v. Shell.

Formulation of the Aceh Truth and Reconciliation Commission (TRC) in Seeking the Truth about Past Human Rights Violations in Aceh

This journal describes the formulation and implementation of the Aceh Truth and Reconciliation Commission (KKR) in revealing the truth regarding human rights violations that occurred in Aceh in the past. Aceh is one of the regions in Indonesia that has experienced armed conflict for decades involving the government and the Free Aceh Movement (GAM) group. This period of conflict has led to many cases of human rights violations, and the Aceh TRC has an important role in revealing the truth and seeking reconciliation between the parties involved. This journal will use a research methodology combining a qualitative approach and document analysis to investigate the role and performance of the Aceh Truth and Reconciliation Commission (KKR). Apart from that, this journal also evaluates the challenges and obstacles faced by the Aceh TRC in the process of revealing the truth. The results of this research found that truth disclosure carried out by the Aceh Truth and Reconciliation Commission (KKR) can provide deeper insight into efforts to overcome human rights violations in Aceh and contribute to understanding the reconciliation process in areas that have been affected by conflict.

북한이탈주민 인권의식 분석을 통한 국내 인권제도 개선방안 연구

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.

ASEAN competence in the field of human rights

The article is devoted to consideration of the competence of ASEAN in the field of human rights. Human rights are universal values agreed by the countries of the world. The main pillars of the international system of promotion and protection of human rights are regional mechanisms for the protection of human rights. The most prominent subregional organization in the Asia-Pacific region in terms of recent human rights developments is ASEAN. ASEAN is an international intergovernmental subregional organization of countries located in Southeast Asia. The ASEAN Charter enshrined human rights as a fundamental principle of ASEAN and created a mechanism to promote and protect the human rights and fundamental freedoms of ASEAN citizens. Respect for fundamental freedoms, the promotion and protection of human rights, and the promotion of social justice are among the general principles binding on member states. To ensure the implementation of the provisions of the Charter in the aspect of human rights protection, the ASEAN Intergovernmental Commission on Human Rights was established, which later adopted the ASEAN Declaration of Human Rights. But despite quite significant progress in the aspect of legal support of ASEAN's competence in the field of human rights, practical problems still exist today. In particular, one of the problematic issues that still exists within the Association is the provision of human rights in the region. After all, guided by the principle of non-interference in the internal affairs of states, ASEAN does not pay attention to events related to the violation of human rights in the territories of its member states. In addition, ASEAN does not have judicial bodies to consider cases of human rights violations by member countries, as European countries do. The ASEAN Commission itself does not have the authority to make binding decisions, consider cases or conduct investigative visits. The absence of such functions and the absence of mandatory requirements regarding the independence and experience of AICHR members lead to debate. At the same time, the provision concerning the scope of powers to make decisions only by consensus is subject to the most criticism. After all, every state can reject any criticism of its human rights by way of veto.

EKSISTENSI PENGADILAN HAM DALAM PENYELESAIAN KASUS PELANGGARAN HAM

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.

Dilemma of Hostage Diplomacy by the Papuan KKB: Perspectives on Supremacy of Law and Humanism

The issue of separatism remains heavily debated and poses a threat to the sovereignty of the Republic of Indonesia, specifically with regards to the KKB (Armed Criminal Group) in Papua. Cases of human rights violations committed by the Papuan KKB have been increasingly brutal, leading to their designation as a terrorist group under Terrorism Law 5/2018. The demand for a referendum on Papuan independence, weapon supplies and ransom as conditions for releasing hostages, has generated mixed responses from government institutions and society. This research aims to examine the perspective on hostage diplomacy for ransom in light of the Papuan KKB's terrorist designation, considering both supremacy of law and humanism. The chosen method for this study is normative-qualitative, which involves a descriptive analytical approach. The findings indicate that redefining the actions of the Papuan KKB as terrorism has had a domino effect on law enforcement and measures taken to address the group. In practice, the enforcement of positive law often intersects with the values held in society. Based on the supremacy of law perspective, the ransom system is deemed unacceptable in terrorist hostage diplomacy and is considered contrary to the law. However, the humanistic perspective justifies the use of ransom money to save the lives of hostages. Resolving the complex and multidimensional conflict in Papua can be pursued through a collaborative approach rooted in humanism, sociology, and anthropology.

요양병원 노인인권 침해에 관한 연구

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.

노동인권 제고를 위한 새로운 노력

The issue of labor rights violations by multinational corporations has emerged as a serious international problem. Accordingly, the international community discussed how to regulate labor rights violations by multinational companies and strengthen their responsibility to protect labor rights. Various efforts and attempts to protect human rights at the level of multinational corporations, global governance and international organizations, and advanced countries have resulted in preventing violations of labor rights by multinational corporations and enhancing labor rights. However, there were definitely limitations. New measures are emerging to enhance labor human rights that can overcome these limitations. The EU Parliament and EU Member States have determined that the essence of the problem of labor rights violations by multinational corporations lies in global supply chains. They intend to enhance labor rights by enacting the Mandatory Corporate Due Diligence Act (Mandatory Supply Chain Due Diligence) to impose certain obligations on domestic companies, overseas branches of domestic companies, and subcontractors for human rights and due diligence. The due diligence obligations of the EU Parliament and EU member states are not limited to domestic companies, but they are also mandatory for foreign companies operating in their countries, which is expected to have a lot of impact and change. According to the EU Parliament's Corporate Due Diligence Directive, Korean conglomerates and small and medium-sized enterprises exporting to the EU are subject to the due diligence guidelines, so they must carry out due diligence on human rights and the environment in their supply chains, assess and minimize negative impacts, and disclose information. The EU Parliament's Mandatory Business Due Diligence Directive applies not only to the original contracting company but also to cases of human rights violations caused by its suppliers.
 In particular, the textile and steel industries, which are high-risk sectors, are more likely to be classified as companies subject to due diligence obligations, so they should also pay attention to the issue of labor rights violations that may occur in the global supply chain. Although it will take some time for the EU Parliament's mandatory corporate due diligence directive to be applied in EU member states, the trend of EU member states and the EU Parliament making it mandatory for companies to conduct due diligence on their supply chains is expected to have a significant impact on international norms. In line with this trend, the Korean government also needs to actively restructure its domestic laws and policies to comply with various international standards, including the European Due Diligence Directive.

The Cycle of Contention in Sekber Mobilization 65

This study aims to analyze the cycle of contentions in the mobilization of the Sekber 65 movement by outlining strategies for utilizing threats and opportunities. Reform succeeded in driving the formation of a democratic narrative and the state's commitment to meeting the human rights needs of its citizens. Democracy influenced the emergence of various social movements and civil society organizations that consistently criticized the state. Various contentious actions responded to the increasing cases of human rights violations by the post-reform state. Sekber 65 is one of the social movements that emerged at the beginning of the reformation period to try to restore the reputation of the 65’s victims and demand protection of human rights from the state for them. The contentions relationship between Sekber 65 and the state analyzes using the theory of contentious politics in social movements from Sidney Tarrow's perspective, particularly in using threats and opportunities in the cycle of contentions. This research uses qualitative methods and a case study approach. This research obtained primary data sources through in-depth interviews with Sekber 65 officials. This study found that (1) Sekber 65 emerged from post-reform democratization opportunities and continues to face threats in the form of state rejection of 65’s victims. However, Sekber 65 seeks opportunities during this lifelong threat by mobilizing a broader movement. (2) Sekber 65 has the cycle of contentions stages, creating a demobilization movement.

Efektifitas Pemberian Hasil Rekomendasi Penyelidikan Komnas HAM Terhadap Dugaan Pelanggaran HAM Kepada Lembaga Negara

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.

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

Communication gaps between members of the legal profession and people outside the profession still leave a lot to be explained. This study investigates the technicality of written legal documents by studying 10 Nigerian Supreme Court rulings, specifically the outcome of cases of human rights violations by the Nigerian military regime. Nine purposively selected excerpts were analysed using generic structure potential elements. The analysis generated nine elements, five of which are obligatory and the other four optional. The obligatory elements are Review of Lower Court Proceedings, Reproduction of Issues, Reference to Authorities, Application of Authorities, and Final Verdict. The optional elements are Review of Facts, Reproduction of Pleadings, Analysis of Evidence, and Analysis of Argument. This study concludes that generic structure potential is a useful theory for demystifying complex texts.

회복적 정의 관점으로 살펴본 사회복지시설종사자 인권침해 결정례 분석

This study examined the importance of the remedy system at human rights organizations with local governments, aiming to provide an improvement plan. It analyzed three cases of human rights violations, settled between 2019 and 2021, of those employed at social welfare facilities of human rights organizations in Seoul and Gyeonggi-do Province from a restorative justice perspective. According to analysis findings, the remedy system of human rights organizations at local governments was implemented based on the participation from victims, perpetrators, and the community. While the system was useful for assisting victims to recover from damages and providing corrective recommendations to perpetrators, there were issues with how it interpreted human rights violations as merely infringements on the freedom of employees, and the actual effectiveness of corrective recommendations issued to perpetrators. With respect to the findings, the following improvements may be suggested from a restorative justice viewpoint. First, more attention and efforts are needed from social welfare facility employees to boost perpetrators' fulfillment of corrective recommendations. Second, the remedy system of local governments' human rights organizations should be strengthened, and lastly, the decisions of human rights violations at local governments should be publicized more widely.

Juridical review of cases of human rights violations against the Uighur Ethnic and its resolution mechanisms in the perspective of international law

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.

The Role and Authority of Komnas Ham in Handling, Violation and Protection of Human Rights

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.

Fungsi ASEAN Intergovernmental Commision on Human Rights (AICHR) Dalam Perlindungan HAM Di Wilayah Domestik Myanmar

Introduction: Human rights have not been of particular concern at the inception of ASEAN. Until then, there were several cases of human rights violations that occurred in the ASEAN region.Purposes of the Research: The aim of this writing is to study and delve the Role of AICHR in protecting Human Rights in domestic Myanmar. Methods of the Research: The method used is a normative juridical research method using statutory approach, conceptual approach, and case approach.Results of the Research: The results obtained from the research, it is proven that ASEAN Integovernmental Commission AICHR has fulfilled its function to protect Human Rights conflict in domestic Myanmar. AICHR seeks to obtain information on Human Rights violations occured in the domestic territory of Myanmar, and apply regular approach as well in dealing with issue of Human Rights violations in Myanmar which considered to be the function of AICHR Commission. The efforts managed by AICHR to protect Human Rights in Myanmar domestic territory are conducting consultations and discussions with the state of Myanmar, and holding workshops to discuss Human Rights violations on regional level together with ASEAN member countries for any Human Rights violations occured in Myanmar's domestic territory. AICHR endeavour to comply with ASEAN Principles poured in the ASEAN Charter, abides The Principle of Respect for State Sovereignty and The Principle of Non-Intervention.

Law Enforcement Cases of Human Rights Violations in Indonesia

This study discusses the protection of the rights of terrorism suspects in the Indonesian criminal justicesystem. The rights of suspects, including those considered terrorists, are guaranteed by law. It is the hopeof all Indonesian people, the government, and especially law enforcement officers to deal with terrorismcrime cases quickly, precisely and correctly. Considering that it is feared that suspects who are suspected ofbeing perpetrators of terrorism will eventually become victims of human rights violations by law enforcementofficers (investigators) perhaps because of the influence of foreign pressure, which has dropped the stigmathat the suspect is automatically the perpetrator. For example, investigators take acts of terror against suspectsin terrorism cases so that they are willing to provide information and admit their actions. This study uses anormative juridical method which aims to analyze the effectiveness of law enforcement in cases of humanrights violations in Indonesia. This study uses primary data in the form of reports on investigations of humanrights violations and secondary data in the form of primary legal materials and secondary legal materials. Datacollection is done through library research. The results of the study indicate that the protection of the suspect’shuman rights in the Indonesian criminal justice system, especially in national law, is an important part ofdevelopment in the field of law, especially law enforcement against criminal acts of terrorism. due process model and theory adapted to Pancasila as the basis of the state and the 1945 Constitution.