Perspective Of Human Rights Research Articles

The right to life of the unborn child from a human rights perspective

All human beings have the right to life; however, when it comes to the unborn child or nasciturus, the controversy about whether it is the subject of this right is heightened, especially when the debate takes place in the preamble of the discussion of laws that approve or criminalize abortion. Consequently, the present study aims to analyze the positions of different authors in relation to the right to life of the unborn child from the analysis of human rights. In order to fulfill this purpose, a theoretical research was carried out, based on the review of scientific articles and documents related to the subject, and the use of inductive, analytical and synthetic methods. As a result, it was determined that the condition of the nasciturus as a person cannot be denied, therefore, its right to life must be guaranteed from conception according to the contents of the Universal Declaration of Human Rights.

Scientific case and the urgent need for a Prosocial Orthosociology

More and more scientific evidence shows that the primary source of societal harms and human suffering throughout history is rooted in the dominance of a Psychopathic Ruling Class. As we are witnessing the rise of a totalitarian, neo-fascist world order, there is an urgent need for a Prosocial Orthosociology: a holistic, critical, inter-and transdisciplinary, evidence based scientific research method to scrutinise all social structures from a human rights perspective. This evidence based holistic approach is aimed at exposing and eliminating anti-social, abusive, exploitative and harmful policies as an ethical imperative towards global justice and global health; with a primary focus on the Psychopathic Ruling Class, in order to address the very root problem

A Blessing or a Curse? An Analysis of Menstrual Health Promotion in the Workplace from a Human Rights Perspective

ABSTRACT More than 1.8 billion people menstruate every month. Yet menstruation is still a taboo, including in the workplace, where the multiple challenges of menstruating workers remain largely unaddressed from exclusion from certain branches to inadequate facilities, inflexible workloads, and period jokes. To address this issue, the Swedish organisation MENSEN has developed Period Works!, a unique ‘menstrual certification' involving employers, employees, and trade unions ‘to create a more period friendly work life'. The initiative reveals menstruators' challenges at work, particularly in terms of their rights to health, privacy, non-discrimination, and collective bargaining. Yet so far the legal literature and policies on the issue are scarce. To fill this gap, inspired by Period Works!, this article conceptualises a comprehensive human rights framework to promote menstrual health at work. It analyses whether states and employers, who mostly ignore menstruators' needs, are in breach of their existing legal obligations to promote menstruating workers' rights. The article also critically examines whether recognising menstruators’ rights at work would truly be a blessing, or if menstrual mainstreaming at work could increase discrimination and be a curse. The article argues that only a carefully crafted comprehensive human rights framework for menstrual health at work can address this paradox.

Analysis Of Labor Rights After The Job Creation Law In Perspective Of Human Rights

The Job Creation Law has caused controversy from various circles of society, both in terms of the procedure for its formation and the contents, especially the labor cluster. Many materials in the Job Creation Law reduce workers’ rights by creating a flexible working relationship. The relationship is more in favor of the interests of employers, thus raising the issue of legalizing modern slavery, which is contrary to human rights. This study analyzes changes in workers’ rights, especially regarding wages, specific worktime agreements, outsourcing, and severance pay from a human rights perspective. This research was normative legal research, namely on the substance of workers’ rights after the Job Creation Law from a human rights perspective, with a statutory approach and a conceptual approach. The analysis revealed that the job creation law policy is an effort to create the broadest possible employment opportunities and attract greater investment to Indonesia. In addition, it is to realize the human rights of workers who have not worked. The changes in the Job Creation Law and its implementing regulations that abolish and reduce workers’ rights and make work relations more flexible can violate workers’ human rights. On the other hand, the Government is trying to strike a balance by creating new and fair workers’ rights.

HUMAN RIGHTS CONSTITUTION ON HEALTH PROTECTION OF INDONESIAN CITIZENS

This study examines the protection of health rights in Indonesia from the perspective of human rights and the Indonesian constitution. The study aims to analyze relevant regulations and articles on health rights protection and propose an ideal pattern in health protection for citizens within the framework of human rights and the Indonesian constitution. The methodology used in this study is a descriptive-analytic approach with a focus on normative legal research. The results show that the right to health is a fundamental human right and must be guaranteed by the state following the constitution and human rights law. The study also identifies various aspects of health rights protection, including the right to quality and affordable health services, health insurance, and eliminating discrimination in health services. Moreover, the study proposes an ideal pattern for health protection for different vulnerable groups, including women, children, people with disabilities, elderly people, and people with HIV/AIDS. The proposed ideal pattern includes policies and regulations to support reducing maternal mortality, strengthening child health programs, realizing disability-friendly health facilities, providing long-term care services for elderly people, and eliminating stigmatization and discrimination against PLHIV. Overall, this study highlights the importance of fulfilling the health rights of all citizens in Indonesia and provides recommendations to achieve this goal.

Pluralism and Equality in the Perspective of Human Rights in Indonesia

Abstract In the context of Indonesia's plural society, where the demand for pluralism is increasingly urgent during the democratic transition, it often raises questions about how the implementation of the principle of equality can be the foundation of democracy and the fulfillment of human rights. The purpose of writing is to analyzehow society respects pluralism/equality as part of the fulfillment of citizens' rights in a democratic country. The research method used is normative juridical by referring to legal norms contained in the constitution and legislation. The aim of the research is to identify the important dimensions that the state must consider in realizing pluralism and equality from the perspective of human rights in Indonesia. Moreover, it aims to demonstrate that in a diverse society, religious tolerance in the effort of developing religious life can still run harmoniously, dialogically, and tolerantly in the present modern Indonesia era. This is especially important for Indonesia, as it has the fourth-largest population in the world. Therefore, the presence of the state in supporting the multicultural democratic society is highly needed. Keywords: Plurality and Equality; Human Rights; and Democracy. Abstrak Dalam konteks masyarakat Indonesia yang plural, di mana tuntutan akan paham kemajemukan semakin mendesak pada masa transisi demokratisasi, sehingga kerap kali mengimbulkan pertanyaan bagaimana penerapan prinsip kesetaraan dapat menjadi landasan perjuangan demokrasi dan pemenuhan hak asasi manusia. Pertanyaan tersebut itulah yang menjadi fokus riset ini, yakni meneliti tentang bagaimana tatanan masyarakat menghormati kemajemukan/kesetaraan sebagai bagian dari pemenuhan hak-hak warga negara dalam sebuah negara demokrasi. Metode penelitian ini menggunakan metode Yuridis Normatif yaitu dengan mengacu pada norma-norma hukum yang terdapat dalam konstitusi dan peraturan perundang-undangan. Tujuan penelitian mengetahui dimensi-dimensi penting yang menjadi perhatian negara dalam mewujudkan kemajemukan dan kesetaraan dalam perspektif hak asasi manusia di Indonesia. Lebih dari itu, juga hendak menunjukkan bahwa dalam ranah masyarakat majemuk, toleransi agama dalam upaya pengembangan kehidupan beragama tetap berjalan harmonis, dialogis, dan toleran dalam era Indonesia moderen sekarang ini. Apalagi Negara Indonesia dengan jumlah populasi penduduk terbesar ke 4 di dunia. Maka dari itu, kehadiran negara dalam rangka menopang pilar masyarakat demokratis multikultural sangat diperlukan. Kata kunci: Kemajemukan dan Kesetaraan, Hak Asasi Manusia dan Demokrasi.

Exploring human rights violations in post new era Indonesia

Although human rights have been officially recognized in Indonesia, human rights violations have persisted since Suharto's authoritarian regime. The purpose of this article is to examine why human rights violations that have occurred in Indonesia since the New Order era, when the Suharto regime was in power, but have yet to be resolved. With a human rights perspective, the author employs qualitative research methods in conjunction with secondary data from credible sources. Human rights violations committed during the New Order regime went unpunished, and impunity reigned. To this day, there are challenges to impunity for human rights violations in Indonesia, where the government does not have good faith to fulfil the rights of victims of human rights violations, and civil society organizations both on the national and international levels are powerless to support the resolution of these human rights violations. This situation will have an impact on Indonesia's international standing as one of the largest democratic countries that recognizes, protects, and fulfils human rights.

Sexual Violence on Women in the View of Legal and Human Rights in Indonesia

Sexual violence is a term that refers to derivative sexual behavior or relationships that are distorted, harming the victim and destroying peace in society, for example, cases of sexual violence that occur to women (including girls) are carried out by those closest to them. Based on the fact sheets in the 2020 Komnas Perempuan Annual Records, sexual violence was perpetrated by 1,528 boyfriends, 425 biological fathers, 322 uncles, 205 stepfathers, 192 husbands, 89 siblings, and 58 biological grandfathers. This research is a normative legal research. One form of violence against women is sexual violence. From the available data it appears that sexual violence in places against women is as much as non-sexual violence. In our country's Criminal Code it only includes articles on rape or obscenity, this is what is then from a human rights perspective, the position of women's human rights feels humiliated and even abused, while human rights issues in our country already have rules that regulate and even guarantee human rights guarantees for everyone. namely Law Number 39 of 1999 concerning Human Rights

Implementing Chemical Castration Punishment: A Perspective on Criminal Law and Human Rights

This study aims to understand and analyze how chemical castration aligns with Indonesia’s criminal law framework and human rights principles. This study uses normative legal research methods with the statute and conceptual approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that chemical castration punishment, as regulated in Government Regulation in Lieu of Law Number 1 of 2016 and Government Regulation Number 70 of 2020, was established as a preventive measure against child sexual abuse. However, the relevance of this punishment must be viewed from two primary perspectives: criminal law and human rights. From the criminal law perspective, chemical castration serves the functions of retribution, rehabilitation, and deterrence, working synergistically to offer optimal protection for children from sexual violence. Meanwhile, from a human rights standpoint, there’s a critical need to ensure child protection without sidelining the human rights principles outlined in the UDHR, the 1945 Constitution, and Law Number 39 of 1999. Therefore, several recommendations regarding a comprehensive evaluation of the implementation of chemical castration punishment can be proposed to the Government. First, even though this policy aims to prevent child sexual abuse, an in-depth study from the criminal law viewpoint must be reinforced to ensure the effectiveness of the punishment’s three main functions: retribution, rehabilitation, and deterrence. Secondly, a review from the human rights perspective is equally essential. This policy must be ensured to align with the human rights principles embedded in the UDHR, the 1945 Constitution, and Law Number 39 of 1999. As a result, concrete steps such as amendments, law enforcement training, and public education are vital to optimize the chemical castration punishment in safeguarding children without neglecting human rights.

Religion as a Motive – Does Australian Terrorism Law Serve Justice?

This article will examine whether the category of religiously motivated terrorism serves justice in Australia, first considering its lawfulness from a human rights perspective and, secondly, examining its operation in the courtroom. Judicial comment in two cases, the subject of national media attention and complaints to the (New South Wales) NSW Judicial Commission, were used as a basis. This article finds that efforts to establish a ‘religious cause’ were stifled by complexity and ambiguity about the difference between Islamic adherence and violent extremism. Bias-prone assumptions had observable implications for the judicial assessment of the defendant’s culpability and rehabilitation prospects. Moreover, judicial reasoning seemed to overlook evidence of an intent to coerce the government or intimidate the public, treating religious beliefs and motives as a vehicle to establish intent. The article concludes that judicial education could help. Still, those measures would not fix the core of the problem. By removing the motive element, the issues would be avoided while focusing attention on the remaining intention elements. An alternative option is to remove ‘religious cause’ so that terrorism cases must demonstrate ‘ideological or political cause’, encouraging more precise and comparable reasoning across offending contexts.

Pemberlakuan Sanksi Cambuk, Qanun Jinayat di Aceh dalam Perspektif Hak Asasi Manusia

The Province of the Special Region of Aceh is one of the special regions that has special autonomy in managing its area, this is in line with Law Number 11 of 2006 concerning the Government of Aceh. The term regional regulation of Aceh province which regulates the governance and life of the people of Aceh is called Qanun, the qanun itself contains Islamic sharia rules which have adapted to become Acehnese customs. This article was compiled to find out how the application of caning sanctions in the Aceh Qanun Number 6 of 2014 concerning Jinayat Law in the perspective of human rights. This study uses a normative legal method with a statute approach which refers to the concept of law as a rule and also uses legal doctrines which are then analyzed qualitatively and described in a descriptive form so that conformity is found between the subject matter and the normative provisions. Given that Aceh Province is a strong adherent of the Islamic religion, everything related to the life of its people must be based on Islamic law, especially in matters of criminal behavior.So the Aceh government with all its specificity in carrying out Islamic shari'ah made a regional regulation which was ratified in 2014, namely Aceh Qanun Number 6 of 2014 concerning Jinayat Law.

Age-based triage and human rights

The article provides the first comprehensive assessment of age-based triage from the perspective of human rights. Triage, that is the sorting of patients into categories of priority of treatment, has been known for decades. It has however got larger prominence during the Covid-19 crisis. The crisis has exposed healthcare systems in many countries to a critical shortage of resources, forcing them to consider resorting to triage. The absence of legal rules has been compensated by non-binding triage guidelines, adopted by professional medical and ethical associations. This article analyses 11 guidelines, showing that none of them is truly age neutral. Some use allocation criteria that entail disparate treatment of older persons, consisting of their de-prioritization or exclusion from access to life-saving treatment on account of their age. Others rely on allocation criteria whose application has disparate effects on older persons. The article argues that whereas the latter approach could be compatible with human rights standards, the former entails violations of the principle of non-discrimination and of several other human rights (the right to life, the prohibition of inhuman and degrading treatment, the right to private life, and the right to health).

Forced migration and mining: The City of Maceió-AL under the human rights perspective

Resumo O processo de exploração de recursos naturais e seus desdobramentos incidem no aumento dos deslocamentos forçados ambientais. Em Maceió-AL, existe um caso em constante atualização que ilustra o tema desta pesquisa: mais de 60 mil pessoas estão em processo de migração forçada, em decorrência da extração irresponsável de Sal-gema em solo urbano, afetando cinco bairros da capital alagoana, violando direitos e vidas.

Analisis Hukum terhadap Hukuman Kebiri Bagi pelaku Kekerasan Seksual Terhadap Anak Berdasarkan Peraturan Pemerintah No. 70 tahun 2020

Chemical castraction is done by injecting a person’s body containing chemical compuds in the form of anti-androgens so that production of the hormone testosterone decreases, so that sexual desire decreases. In the medical world, the hormone testosterone is a hormone that is very functional for male sexuality, if these chemical compounds enter the male vital organs, the compunds block the braind grlands so that no longer produce testosterone, and can reduce libido. The perpetrator of the first castraction sentence in Indonesia is Muhammad Aris he is 20 years old and has raped nine minors. Aris was sentenced to imprisonment for 12 years on May 2, 2019. With this incident, researchers are interested in citing the Legal Analysis of Sentce of Castraction for Perpetrators of Violence Againts Children Based on Government Regulation No. 70 of 2020. Formulation of the problem How to apply caism or castraction punishment in Indonesia in acts of violence Criminal acts of Violence Againts Children based on PP/70/2020 related to Chemical Castraction Methods, Placement of Electronic Detection Devices, Healing and Identity Development of Sexual Perpetrators against children? The Perspective of Human Rights (HAM) in the law of castraction against predators of child sexual violence based on PP/70/2020 regarding Methods of Implementing Chemical Castraction, Placement of Electronic Detection Devices, Healing, and Announcement of the Identity of Perpessstrators of Violence against children. The theory used in this paper is the theory of legal protection of legal legal protection. Research conducted by Library Research, using the inductive deductive method, the concludions drawn are correct. Based on the research conducted, it is known that chemical castration is by injecting it into the human body to reduce or even lose lust. These actions certainly violate human nature and make the perpetrators actually become termonted. The validity of the sentence is considered to have no humanity because it has violated the perpetrator. Legal expert, helath expert, and human rights activist support the law because sexual.

PENITENSIER DALAM PERSPEKTIF HAK ASASI MANUSIA

Abstract
 The protection of human rights is not only attached to the individual human being, but also to other human beings. This is a consequence of humans as social beings who cannot be separated from other humans. Criminal Law is then present to regulate various acts that violate human rights which will then be punished. Criminal law, of course, cannot be implemented properly if there are no other legal sciences that accompany it, including Penitentiary law, which is known as the Law of Punishment or legal science that studies punishment. Penitentiary law is not a rule of law that can immediately punish criminals arbitrarily, but needs to consider human rights. This paper focuses on whether penitentiary law violates human rights or not. The purpose of this paper is to examine penitentiary law from a human rights perspective. This writing uses normative legal research methods with literature research techniques that are analyzed qualitatively using a statutory approach and conceptual approach. The results of the study concluded that Penitentiary Law is a rule that seeks to continue to fight for the human rights of people who have been violated by the perpetrator of the crime by punishing him, but the model of punishment given still takes into account the human rights of the convicted criminal.
 keywords: Human Rights, Criminal Law, Penitentiary Law

Realizing a Polite Society on Social Media: ASEAN and EU Perspectives

The flow of information technology development cannot be contained. Migration from the era of citizens to netizens is an impossible thing to avoid. This study aims to examine the relationship between the development of information technology in the digital era, especially on social media, and the Human Rights perspective. This research uses normative legal research methods to find ideal formulations and boundaries for netizens to become polite people interacting on social media. The results of this study show that Indonesian's right to an opinion on social media is a constitutional right that has been regulated in the 1945 NRI Constitution and the UDHR. However, freedom of speech does not mean that there are no limits. The limitations of freedom of speech on social media are through the limitations of norms, especially norms of politeness and decency, whose values are universal.

Assessing the Criteria for Equality of the Right: Refugees’ Higher Education from the Perspective of Human Rights

With the Syrian refugee crisis, the subject of refugees’ access to HE, which was only partially funded owing to donor reluctance, was prominently covered in the news, with concepts such as preventing the lost generation, resilience, reconstructing countries, and education as a human right. With the Ukraine crisis, the issue of supporting the higher education of refugees came to the fore again. By 2030, the UNHCR plans to have 30 per cent of refugees enrolled in HE. Although primary education is a right guaranteed by international agreements, equality of refugees’ right to higher education depends on some criteria. Through document analysis, this paper aims to examine the criteria for equality of the right to access to higher education in the context of human rights. International regulations, UNHCR’s education strategies and country policies are examined. Data were categorized into four groups as equality of the right and equal opportunities: success, legal statuses, state’s institutional support and donor support. The policies of Canada, Germany, Turkey and the United Kingdom are examined. Addressing refugee higher education within the scope of human rights only supports the availability of the service. Success and legal status are the criteria for ensuring the equality of the right. The access to higher education right and the provision of financial support only to recognized refugees will create inequality for groups such as asylum seekers who are not legally refugees. The support of countries and donors are necessary to ensure equal opportunities for refugees to access higher education. Furthermore, refugees’ access to higher education can be seen as a long-term and global strategy that should be supported by economic and social reasons.

Third-Party Liability for the Payment of Taxes and Their Fundamental Rights

This article examines, from a human rights perspective, certain instances establishing the liability of third parties, other than the taxpayer himself, for the payment of taxes, such as the obligation to withhold taxes or the joint and several liability of a third party (i.e. a company’s director) for the payment of taxes due by another person. Such obligations may imply a substantial liability for taxes and often are coupled with sanctions, and also a liability for the infringement of a growing number of formal obligations, including filing returns and reporting data, raising concerns of compatibility with the fundamental rights of taxpayers and private parties. The authors argue that it is doubtful whether the need to secure a more effective protection of the interest to collect taxes can justify exposing third parties to substantive obligations in connection with taxable events for which they are not directly liable or where no specific involvement of that person in a scheme of tax avoidance or evasion is established. Moreover, such compulsory involvement, which is currently imposed without remuneration and without any consideration of the additional burdens that it creates, raises some concerns from the perspective of fairness. The authors propose that a possible solution to some of these problems in the cross-border scenario could be found by amending the Recovery Directive (2010/24), so that states could rely more on mutual assistance within the European Union and less on third-party liability for the collection of taxes.

Corruption as a Violation of Human Rights, Economic, Social and Cultural Human Rights Perspective

This study aims to analyze corruption as a violation of economic, social and cultural rights from a human rights perspective. The crime of corruption has been categorized as an extraordinary crime because corruption is not only detrimental to the state's finances but has also been a violation of the social and economic rights of the community. The research technique in this paper is a normative juridical type, and the research approach used is the statute approach. Based on this, it can be seen that there is a link between corruption and human rights violations, namely the basic social and economic rights of the community. The results of the study indicate that there is a relationship between corruption and human rights violations. Corruption is categorized as a violation of human rights if the consequences of corruption intersect with human rights that are harmed, so human rights violations caused by acts of corruption crimes should be taken into consideration by judges in their decisions because judges' considerations must be comprehensive in order to realize an ideal decision, namely a decision that reflects the values ​​of justice, certainty, and legal expediency.

Sarkasme Politik dalam Perspektif Hak Asasi Manusia

This research is entitled Political Sarcasm Against President Joko Widodo Period 2019 – 2024 on Twitter in a Human Rights Perspective. Freedom of expression is placed as a form of freedom in seeking information and then discussing whether to support or criticize it as a process to remove our misconceptions about facts and values. The use of sarcasm is considered as one of freedom of expression. In fact, the use of sarcasm on Twitter in criticizing Joko Widodo's government resulted in intervention and even imprisonment. This study aims to find out how political sarcasm is used against President Joko Widodo for the 2019 – 2024 period on Twitter from a human rights perspective. The theory used is the theory of freedom of expression according to Joel Feinberg which in his view states that there are limits to freedom of expression. The use of sarcasm was in an effort to criticize President Joko Widodo. There are sarcasm that are harsh and unpleasant to hear so that there are expressions of sarcasm on Twitter which end up in court because the tweets cause insults to individuals and religious groups. The use of sarcasm can be trapped by violations of the Articles of the ITE Law and can go beyond the limits of freedom of expression according to Joel Feinberg.
 Keywords: Political Sarcasm, Political Sarcasm, President Joko Widodo, Human Rights, Freedom of Expression.