Enforcement Of Human Rights Research Articles

Become Recognized Minority in a Multicultural Society: An- Naim’s Theory in Responding to Ahmadiyyah Cases in Indonesia

This study aims to analyze the thoughts of Abdullah Ahmed an-Naim related of constitutionalism, human rights and citizenship based on justice in minority groups. An-Naim’s thoughts on human rights can be accommodated to public expectations regarding the issue of the Ahmadiyya community in Indonesia. Read an-Naim’s theory regarding women, non-Muslim status and apostasy. The issue of human rights initiated by an-Naim will be the basic foundation in the explicit explanation of this paper. Considering the existing social values based on the enforcement of human rights in Indonesia, the position of the Ahmadiyya community must be positioned equally in the law in terms of rights and obligations as part of Indonesian citizens. The state must be neutral considering the Ahmadiyya community in responding to its religious existence. The government must maintain neutrality in regulating religious life for every citizen in order to create an atmosphere of harmony and peace. This paper attempts to produce a peaceful religious discourse in the context of religious freedom in Indonesia

Enforcement of Human Rights in Providing Children Protection in the School Educational Environment in the City of Surabaya)

Human Rights are a gift from God Almighty to every human being who is owned even before humans are born into the world. In Indonesia, the position of Human Rights itself has been regulated in the Republic of Indonesia Law no. 39 of 1999 concerning Human Rights. Human rights must be respected, upheld and protected by the state, government and every other human being. Even though it has been protected by law, violations of human rights still occur, one of which is in the protection of children's rights in the field of education. In terms of providing protection for children's rights, the Indonesian State quickly and responsively formed the Child Protection Commission (KPAI). This action is an obligation of the state in terms of protecting children from violence. Based on the facts on the ground that the protection provided to children in the school environment has not worked optimally. The case of violations of human rights that occurred at SMP N 49 Surabaya is one of the portraits of the enforcement of cases of violations of human rights in Indonesia, where the government shows its seriousness to handle and resolve cases of human rights violations.

Enforcement of Human Rights in Providing Children Protection in the School Educational Environment in the City of Surabaya)

Enforcement of Human Rights in Providing Children Protection in the School Educational Environment in the City of Surabaya)

Human Right and Indigenous Peoples : Transitional Justice Approach

This research focuses on respecting, recognizing, protecting and fulfilling the human rights of indigenous peoples in Indonesia. Through a comparative law approach in European and Asian countries that have substantially recognized and protected the human rights of indigenous peoples in Indonesia. The problem are how is the model for regulating customary land management by indigenous peoples based on Human Rights and Local Wisdom in terms of Indonesia's transitional justice approach? and Second How can the recognition and protection of the enforcement of human rights over customary land in Indonesia be viewed from the transitional justice of Asian and European countries that have implemented indigenous peoples' human rights?. In its development in European countries, the discussion of indigenous peoples is already at the stage of regulating and fulfilling human rights. There are even special laws that regulate indigenous peoples as well as Asian countries. The Indonesian government is still at a lower level and is still debating the arrangements for the recognition of the existence of indigenous peoples. Even though the discussion of the Bill on Indigenous Peoples at the Indonesian People's Representative Council has entered its second year (President Jokowi). Through a transitional justice approach, this article formulates the regulatory norms for indigenous peoples adopted from several laws of indigenous peoples in European and Asian countries. This is intended to provide a legal framework for the Indonesian government and the Indonesian Parliament to immediately provide legal recognition and protection for indigenous peoples in Indonesia immediately.

Women’s Right to Equal Employment Opportunities in Kurdistan Region of Iraq

Women have been struggling for their rights for centuries in the male-dominated societies. When females are involved in economic and social aspects of their lives, it helps improve their families, communities and countries’ health, welfare, prosperity and security. Kurdistan, as a part of Iraq, is one of the State Party to CEDAW and is under an obligation to take the measures required by the convention to eliminate discrimination against women and ensure the equal enjoyment of human rights by women. There are different agents and factors that can contribute to the enforcement of human rights, however, state power plays the foundational and major role in establishing and enforcing the legal rights of women. The study will identify the extent to which national legislation correspond to CEDAW conventions. Our instrument of analysis would be Article 11 which is focused on women’s employment. Our findings include that no substantial legal discriminations disadvantaging women exist.

Sovereignty, society and human rights: Theorising society and human survival in times of global crisis

The coronavirus pandemic and climate crisis have highlighted the power of governments in relation to people and the societies in which they live. This article looks at two sociological approaches that together capture the core features of the relationship between sovereignty, society and individual safety. Sociologists of human rights point to the importance of sovereignty for the enforcement of human rights and draw on the work of Arendt, who argues all rights are lost to those who find themselves outside the protection of the state. Wickham’s Hobbesian sociology adds an important social dimension to these ideas. He adopts Hobbes’ argument that sovereignty secures both society and the protection of people. The article recovers additional ideas in Hobbes’ theory of rights that further link these two approaches. For Hobbes, governments hold a responsibility to protect their citizens’ right to survive. The article discusses the relevance of these ideas to the coronavirus pandemic and climate crisis. It argues sociology is well-placed to explore ways in which the continued exercise of sovereign power in relation to society and human survival is shaping humanity’s response to these global crises.

HUBUNGAN NEGARA HUKUM DENGAN HAM DI INDONESIA

Laws are regulations made by the government. The rule of law is a state that enforces justice that deviates from the rules of a country. Human rights (HAM) can be interpreted as basic rights in humans. Human rights have been given since we were born, so no one has the right to rob human rights, whoever it is. The rule of law is enforced so that people can obey the rules of a country, one of which is to protect one's human rights. The rule of law with human rights is very attached. Because one indication to be called a state of law, among others, the enforcement of human rights, because a state of law without respecting and respecting the principles of human rights cannot be called a state of law
 

Human Rights: An Unenforceable Concept

This qualitative article analyzes the idea of human rights as inalienable rights. Long before modernity changed the world, it signed many agreements to establish human rights, particularly those governing the boundaries of the authority of leaders and citizens. Although moral assumptions are involved, they have no significant impact on its enforcement. Thus, along with its limited capability, the concept of human rights is solely a decorative element of the constitution and legal framework. Under such circumstances, recognizing the significance of understanding human rights needs an all-out concerted effort, mainly from a universal perspective and a legal enforcement effort. The study seeks to determine why human rights enforcement in Indonesia is ineffective and contrary to the concept of universal human rights. The author employs qualitative research with a descriptive method to address this issue. This research is also desk (library research), as I entirely based it on library data sources on library research. In addition, it employs literature related to the enforcement of Human Rights (HAM) from a legal perspective. This study concludes that human rights enforcement in Indonesia is weak because of flaws in the law and the state's lack of political will to enforce human rights and obligations. These changes include ensuring that the enforcement of human rights is absolute and not influenced by political perspectives and motivations and thus guarantees human freedom. The author suggests that establishing a more effective institution and agency is a more critical step in the coming years.

Human rights mechanism: a theoretical perspective

Present article is an attempt to understand the process of individual realisation, social recognition, legal codification and political enforcement of human rights through the systems approach. The study implies that the process of social composition and political construction of human rights can be referred to as human rights mechanism. In the article, various processing units of the human rights mechanism, its operating structures and their functions are defined and explicated. Along with this, the article also explains the energy setting the mechanism in motion, besides interpreting the objectives of the mechanism and the capacity as well as conflicts of the mechanism to achieve the objective.

Bridging the Gap between Human Rights Enforcement and Oil and Gas Exploration Activites in Nigeria – An Appraisal

Bridging the Gap between Human Rights Enforcement and Oil and Gas Exploration Activites in Nigeria – An Appraisal

BUILDING THE FOUNDATION OF RELIGIOUS TOLERANCE AND COUNTERING RADICALISM IDEOLOGY IN INDONESIA

Human rights enforcement, especially in the aspect of religious freedom in Indonesia, is still unsolved. Violence involving conflicts among religious followers still occurs. It shows that the space for religious freedom is still a critical problem in this country. Indonesia is a multi-cultural country, but a narrow understanding makes plurality the root of hatred and anger. Indeed, diversity will contribute to national development, but on the other hand, it can also trigger horizontal conflicts. This article will unravel the problems that cause religious intolerance and how to overcome the mushrooming of radicalism. This article is qualitative-based research. The data were collected from the library study. The acts of violence caused by wrong religious understanding were analyzed from the Human Rights enforcement, Islamic theology, and socio-juridical viewpoints so that alternative solutions for acts of violence occurring in society, especially among Muslims, can be settled. This study finds that tolerance has its foundations in both religion and positive law in Indonesia. Therefore, any intolerance has no basis, and it will only worsen the image of Islam and make people unsympathetic to religion.

Securing legal reforms to the use of force in the context of police militarisation in Uganda: The role of public interest litigation and structural interdict

This article argues that the failure by the Ugandan government to put in place clear regulations governing the use of force and firearms by the police and armed security forces, particularly during joint police and military operations, as part of arrest and crowd control operations, threatens to violate the right to life, the right to freedom from inhumane treatment, the right to assemble and the right to a remedy under the Ugandan Constitution. It argues that the constitutional, statutory law and case law framework in Uganda can facilitate public interest litigation in order to secure the adoption by the Ugandan government of comprehensive and internationally-accepted standards on the use of force and firearms by police and armed security forces. The article draws on a recent progressive decision of the High Court in James Muhindo & 3 Others v Attorney-General, and the Human Rights Enforcement Act of 2019 to expound on the proactive potential of article 50 of Uganda's Constitution to deliver expedited institutional and human rights-oriented reforms and to afford the courts oversight functions in the implementation of these reforms through structural interdict. These aspects of the public interest litigation framework in Uganda offer a pathway to civilian-led reform in a highly state-controlled, politicised and militarised police and security sector over which Ugandans otherwise have no civilian oversight. Thus, the article explores the potential of public interest litigation as an empowering tool in competing approaches to state formation in transitional contexts and positions public interest litigation as a transformative response to militarisation in a fragile state.

HANDLING OF FOREIGN REFUGEES IN PANDEMIC TIMES IN CRIMINOLOGICAL THEORY PERSPECTIVE (CASE STUDY OF THE ENVIRONMENT OF SIRIH GARDEN, JAKARTA

In Indonesia, more than 13,645 confirmed cases and the death toll reached 959 victims. In suppressing the number of spreads, the government has issued various policies with WHO standards, one of which is large-scale social restrictions (PSBB) by limiting community activities and movements as an effort to quarantine a region's health while still mobilizing basic needs for Indonesian citizens (WNI) and other citizens. affected foreigners. In the midst of the condition of the spread of the Covid-19 virus, which does not look at who will be infected, there is a group of people who have been neglected and have not been touched by much assistance from the government. They are refugees and asylum seekers residing in Indonesian territory. Being a complex problem, in the absence of domestic laws that regulate the problem of handling refugees, as well as the condition of refugees who have a high level of infection with Covid-19, this causes an anomaly in the enforcement of human rights (HAM). The Indonesian government in handling the Covid-19 pandemic should ensure that all levels of society are made a top priority, including refugees. The provision of access to social assistance is also considered, such as the provision of adequate shelter rooms, food supplies, personal protective health equipment (masks, antiseptics), as well as medical services and facilities.

Dualism of Positive Law and Islamic Law in Indonesia: Law Enforcement for Lesbian, Gay, Bisexual and Transgender Communities

Human rights must be implemented by the rules of community life, where each community group has its view and application of the freedom of human rights. The enforcement of human rights for LGBT people with Islamic law in Aceh is opposed by the international community because it is considered a violation of human rights. So the urgency of this research is to find out how far a person's understanding of human rights freedom is and what is the foundation on which they base human rights to exercise. After that, it will be concluded whether religious values continue to dominate society in acting. This study uses a descriptive-analytical method with a normative juridical approach, where the data and information to be collected both in terms of assessment and in terms of management is carried out interdisciplinary and multidisciplinary as well as cross-sectoral. The data and information are then analyzed in-depth normative juridical so that an overview of human rights in Indonesia is obtained. The results show that the concept of human rights applied in Indonesia uses the concept of cultural relativity and will not be relevant if it uses the concept of human rights in western countries which emphasize individual freedom.

Institute of public associations in the system of human rights enforcement in Ukraine: constitutional and legal aspect

Purpose. The aim of the work is to analyze in the constitutional and legal aspects public associations as a constitutional institution of public nature, to determine its role and importance in the system of human rights enforcement in Ukraine, to clarify the peculiarities of formation and effective activities of this institution. Methodology. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific reseach have been implemented: terminological, logical-semantic, functional, system-structural, logical-normative. Results. The study states that the driving force of a democratic, legal process is the growth of an active civil position, which is the basis for the formation of public associations, which are a basic component of civil society. The institute of public associations is an important component of the system of constitutional law of Ukraine. Involving citizens in political decision-making is one of the main principles of direct democracy. The focus is on improving the legal framework of the institute of public associations. Scientific novelty. The study has revealed that public associations, as institutions, should be an integral part of civil society in the formation of democracy; to introduce constitutional and legal mechanisms of interaction with the institution of public associations and to identify their real practical effectiveness for ensuring human rights and needs in society. Practical significance. The results of the study can be used in law-making and law enforcement activities during the functioning of the institution of public associations in the system of human rights.

Islam and Human Rights: Friend or Foe?

<p align="left">In the context of the relationship between Islam and democracy along with human rights, Islam represents two opposing positions (the two faces of Islam). On the one hand, Islam is seen as a religion of compassion (raḥmat li al-‘ālamīn), respects plurality, upholds tolerance and cares about human rights. On the other hand, Islam is often identified with separatism, discrimination, intolerance and violent phenomena. In Islamic countries and Muslim-majority countries, violations of human rights frequently occur. Islam often appears with a double face. In addition to being a source of law to bring about peace, it is often used as the basis for violent ideologies from state’s repressive policies to terrorism movements. This article elaborates on the basic concept of human rights in Islam and the dynamics of protecting and upholding human rights. Using a conceptual approach, this study aims to seek religious awareness in the midst of globalization where religion can strengthen the concepts of human rights. When religion is used as a source in the rational policy framework of a country, especially the protection and enforcement of human rights, it can be ascertained that human rights in that country will flourish and will be accepted by the citizens.</p>

Islamic boarding schools and human rights enforcement transmission of cultural values for disabilities

The inclusive boarding school model is not only a form of embodiment of education that respects diversity and eliminates discrimination. However, it is more critical as a form of application, essence, and religion, the theological substance that teaches the equality of human rights, tolerance, and respect for others in all aspects of life. This research was conducted to know the inclusive boarding school education model initiated by the founder of An-nur Islamic boarding school, Tengku Drs H. Zainal Abidin. The research method used in this study is a type of qualitative research. Data collection techniques using participant observation, namely by way of researchers mingling with the object of research. The research was conducted at the An-nur Islamic Boarding School, Tingkem Asli Village, Bukit District, Bener Meriah Regency, Aceh. The research was conducted from July 2020 to July 2021. The results of this study are that the pesantren model initiated by the founder is an integrated, inclusive boarding school that was officially established in 2010. Inclusive Integration is a pesantren education model that unites regular (typical) students with ABK students (Children with Special Needs) in one Islamic boarding school environment. with an integrated education model, namely the Integration between the concepts of Islamic boarding school education and entrepreneurship with a learning approach that emphasizes emotional and familial. Through this model, Pesantren An-Nur can transmit cultural values for persons with disabilities through the process of enculturation, socialization, acculturation with a Chinatown style building. Cultural transmission is applied to disability in inclusive boarding schools through vertical transmission, oblique transmission, and horizontal transmission. These three cultural transmissions are carried out in the educational process at Islamic boarding schools for 24 hours through theological understanding and translating at the practical level in the form of self-accustoming, exemplary, formal and informal learning, and life skills activities for students in Islamic boarding schools.

Voting Rights Position in Constitutional Review and Human Rights

Law is an important instrument in protecting and upholding human rights in the state. In protecting and ensuring the enforcement of human rights in the state, it must be ensured that the law becomes an instrument in monitoring and even restricting public or state authorities so that there is no abuse of power, in many cases being the beginning of human rights violations. This research aims to examine and analyze the protection of human rights in the Indonesian Constitutional Law Post Amendment to the 1945 Constitution. This research uses normative legal research methods or literature studies, with materials in the form of secondary and tertiary legal materials. The main law material is the 1945 Constitution of the Republic of Indonesia while the secondary material is legal literature that explains and analyzes the laws and regulations related to this research. The result of this research is that the right to vote is contained in various legal provisions, both international and national. Persons with disabilities, as part of Indonesian citizens are also entitled to be actively involved in political life in accordance with Article 21 of the Universal Declaration of Human Rights, Article 25 of the Civil Rights Covenant, Article 28D paragraph (3), Article 28H Paragraph (2) and Article 28I Paragraph (2) the 1945 Constitution after the amendments and Article 43 Paragraphs (1) and (2) of Law no. 39/1999 on Human Rights emphasizes that every citizen has the right to get equal opportunities in government, both to be elected and to vote without discrimination.

Compensation for Forced Sterilization in the Czech Republic: Reporting the Results of Romani Women’s Activism

In August 2021, a law took effect in the Czech Republic to compensate people who had been sterilized on Czech territory without their informed consent between 1966 and 2012. This report, authored by an activist and ally who has assisted Romani women with advocating for compensation since 2004, will summarize the issue and describe the current state of the compensation process. Efforts to end these human rights violations have been underway almost since these practices were first reported in the 1970s in the former Czechoslovakia, and these recent developments represent an important breakthrough for civil society, enforcement of human rights, and Romani people. The compensation process opened on 1 January 2022 and will close on 1 January 2025; this report will review its strengths and weaknesses to date.

Punishment and Politicization in the International Human Rights Regime

Conventional wisdom treats politicization in the international human rights regime as invariant: for any given violation, states condemn adversaries while coddling friends. However, we find that politicization patterns vary markedly across human rights issues. Some norms are more politicized than others, and states are more likely to punish geopolitical partners on certain violations. We offer a novel theory of politicized enforcement wherein states punish human rights violations discriminatively based on their perceived “sensitivity” for the target state. Using data from the UN Universal Periodic Review, an elaborate human rights mechanism, we show that states tend to criticize their adversaries on sensitive issues that undermine the target regime’s power and legitimacy while addressing safer topics with friends. By uncovering a strategic logic of human rights enforcement, this research contributes new theoretical insights on the relationship between norms and power politics in global governance.