Law Rights Research Articles

The Adverse Effect of Immigration Laws on a Migrant Child’s Right to Family Life: A Reminder of the South African Nandutu Case

ABSTRACT A child’s right to grow up with its parents is presented in articles 9 and 25 of the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of a Child, respectively. South Africa has ratified both treaties, and thus has a duty under international children’s law to protect children’s rights in domestic South African law. At the national level, section 28 of the Constitution of the Republic of South Africa, 1996, contains a variety of rights of children. Particularly, section 28(1)(b), akin to international children’s law, protects a child’s right to family or parental care. Using a child-rights-based approach, guided by the rationality of the principle of best interests of the child and a child’s right to life, this article seeks to appraise the 2019 judgment of the South African Constitutional Court in Nandutu v the Minister of Home Affairs, in which the Court declared reg 9(9)(a) of South Africa’s Immigration Regulation of 2014 inconsistent with the Constitution. In analysing this decision, legislation, and case law, this article further aims to highlight the significance of Nandutu, through the lens of a migrant child’s right to family life.

Features of the emergence of land rights in Ukraine under martial law

The article is devoted to the analysis of the peculiarities of the order of origin of land rights in Ukraine under martial law. It is established that under martial law the requirements of the legislation on the formation of land registration, not adapted to the new realities, and in fact from February 24, 2022, the formation and registration of land was suspended due to the temporary suspension of electronic state registers. Therefore, in such conditions, with the use of intensive agricultural production, there was an urgent need to create a legal framework for simplified access to land. At the same time, it is emphasized that in the conditions of external aggression against Ukraine it is necessary to develop a new legal framework that highlights the need for scientific understanding of changes caused by the war in legal regulation of land relations and the formation of scientific basis for their justification. In this regard, it is extremely important to study the problems and peculiarities of the order of origin of land rights in martial law. In addition, the article analyzes the latest regulations in the field of land relations under martial law and identifies their features. Arguing that the legislation of Ukraine of the «war» period of introduction simplifies the legal mechanisms for settling relations in the field of acquiring the right to use as soon as possible the use of agricultural land for food production. Also, the legislator in the first place to put the interest of society, while the interests and desires of owners and users of land in some cases may be out of place. It is emphasized that the recent history and challenges of Ukraine, what the state faces, are unprecedented decisions to solve many problems of Ukraine’s economy and to repel external armed aggression. Attention is drawn to the fact that it is important in martial law to ensure an adequate level of legal protection of land rights in Ukraine. The conclusion is substantiated that it is necessary to take into account the problematic aspects of «pre-war» legislation of Ukraine and not repeat the mistakes of previous years, ensuring stability and system of state policy in land relations in wartime, in order to form further offenses in the field of land rights. Key words: land rights, martial law, public interests, state registration of right

Sediment (Alluvium) Deposited by a River as a Means of Acquiring Property Rights in Roman and Ancient Georgian Law

The article discusses sediment as one of the sources of acquisition of property rights in Roman and ancient Georgian law. Even Roman jurists drew attention to the fact that the flow of the river sometimes led to an increase or decrease in land plots adjacent to the channel. The article examines the rules related to sediment in Roman law and Georgian feudal law, based on the analysis of which the types of sediment were distinguished, in the form of insignificant increase of land over time. Attention is also focused on the scope of the right, which was extended to the land that arose on river’s bottom as a result of the drying of its bed. Research has shown that under Roman law, the rights of owners of land adjoining a river depended entirely on where the land was split, whether in the middle or closer to either bank, due to the fact that the river flooded the other side. Based on the comparative analysis of Roman law and ancient Georgian law, the fundamental difference between their approaches was highlighted. The national law shows more conservatism when regulating the legal relationship arising due to the change of the river bed, which is also emphasized in the article. Due to the scarcity of the legal base on sediment, in order to achieve the goal of the research, using the analogy of the law, the rules for obtaining ownership rights to minerals are discussed, since it is closest to sediment.

The Practice of Supervisory Rights in Hungarian Cartel Law with Special Attention to the Duties of the Minister and the Legal Director

Hungary introduced provisions on cartels with the enactment of Act XX of 1931. To protect good morals and public interests, the Act regulated the tools of state intervention and supervision. This legal field was the summarization of the proceedings of cartel supervisory authorities, in which not only executive state bodies but also judiciary organs took part. The paper focuses on the development of the Hungarian cartel law, with special attention to the practice of the courts and the aims of the State related to the supervisory power over the cartels before the codification of the Hungarian cartel law. The main aim of the study is to put an emphasis on the tasks of the responsible Minister and the legal director, mainly by analyzing the related primary sources. The purpose of this study is also to explain the tasks of the responsible Minister after the Cartel Act came into force, and the demonstration of the practice related to the proceedings. The main question is what the functions of the supervisory authorities related to the cartels were. In connection with the legal director, I would like to illustrate his task as a representative of state interests in the mainly cartel-related lawsuits.

Property as the law of virtual things

Property law in the twentieth century moved from the law of things to the law of rights in things. This was a process of fragmentation: Under Hohfeldian property, we conceive of property as a bundle of sticks, and those sticks can be moved to different holders; the right to possess can be separated from the record ownership right, for example. The downside of Hohfeld's model is that physical objects—things—become informationally complicated. Thing-ness constrains the extravagances of Hohfeldian property: although we can split off the right to possess from the right to exclude, use, destroy, copy, manage, repair, and so on, there is a gravitational pull to tie these sticks back into a useful bundle centered on the asset, the thing. Correspondingly, there has been an “informational turn” to property law, looking at the ways in which property law serves to limit property forms to reduce search costs, and to identify and celebrate the informational characteristics of thing-ness. The question of thing-ness came to a head in the context of digital and smart assets with the formation of non-fungible tokens. NFTs were attempts to generate and sell “things,” a conceptually coherent something that can contain a loose bundle of rights. The project was an attempt to re-create thing-ness by an amalgam of cryptography, game theory, and intellectual property. This essay discusses thing-ness in the context of digital assets, how simulated thing-ness differs from physical thing-ness, and the problems that arise from attempts to reify digital assets.

Ensuring the Right to a Fair Criminal Trial Using Communication Assistance

Given the emphasis on verbal testimony in Australian criminal trials, witnesses and accused experiencing communication barriers due to vulnerabilities such as age (i.e., child witnesses), cultural or language background (in particular, Indigenous Australians), physical disabilities, and mental impairment or cognitive disabilities may require support to provide evidence. Around Australia, such support is increasingly being provided by communication assistants or intermediaries. This paper argues that such assistance is a precursor to a fair trial, which is an international human rights law obligation stemming from Article 14 of the International Covenant on Civil and Political Rights (‘ICCPR’), as well as a common law right. There are gaps in coverage of communication assistance/intermediary schemes, including the complete absence of specific legislation and assistance in the Northern Territory, the limited eligibility criteria in jurisdictions that have introduced schemes, the lack of provision for Indigenous Australian people and people from Culturally and Linguistically Diverse (‘CALD’) backgrounds, and lack of provision for vulnerable accused (only two jurisdictions provide assistance to accused). These gaps should be addressed to ensure the right to a fair trial.

A Discourse of Mudawanah al-Usrah; Guaranteeing Women's Rights in Family Law Morocco's

Moroccan family code reform (mudawanah al-usrah) passed in 2004 after a long and dramatic process promoted by Moroccan women against retreating Islamists and male domination. This paper reviews Muslim family law (mudawanah al-usrah) in Marocco. Based on a literature research method that uses a normative juridical approach with a statutory approach, this paper aims to discuss the challenges and opportunities in guaranteeing women's rights in Moroccan family law. The study indicates that mudawanah al-usrah is a meeting point between Islamic rules and international conventions, providing a new identity for Moroccan society, especially women and their rights. This reform was also influenced by the Islamic feminist movement, which produced reforms to improve gender equality in Moroccan society. That was also expected to provide an overview of the protection of women's rights in family law, especially in Morocco, and become material for evaluation in its implementation in society. This study is also expected to be a reference for activists of family law studies to continue to develop the protection of women's rights in Islamic family law.

Terra incognita: Victim Participation Rights, Sexual Offending and Brexit

Over the past four decades, the importance of safeguarding the rights of victims of crimes has been progressively recognised. While the European Convention on Human Rights, the EU Charter of Fundamental Rights, as well as the European Union Directive on the Rights of Victims of Crime Directive 2012/20 EU have all contributed to this change, this recognition has been driven primarily by EU law. 1 By contrast with the general provisions of the European Convention on Human Rights adopted in 1950, 2 which seeks merely to establish minimum standards in 46 very different States, the Directive sets out in detail the component elements of rights in a legislative text. Further, it enjoys probably both direct effect and certainly supremacy and has the overt intention to harmonise the law in the Member State to which it applies. 3 Increasingly, victims are seen as rights-holders. There is now a growing consensus that victims of crime have an inherent interest in the manner in which criminal justice is administered with accompanying rights as a participant. This concern is heightened 4 in cases of sex offending and has resulted in national reviews and inquiries into the investigation and prosecution of sexual offences 5 in the adversarial criminal jurisdictions of the UK and Ireland. One of the rights focussed on in these reports was the substantive participatory right to state-funded independent legal representation for defence applications to question the victim in relation to sexual history or character evidence at the pre-trial stage. Ireland played a significant leadership role in these initiatives and it extended the already established right from the trial to the pre-trial stage. By contrast, a report commissioned by the Victims’ Commissioner indicates that England and Wales is far behind in providing substantive participatory rights to victims of crime 6 while proposals exist in Scotland and Northern Ireland to follow the Irish approach and place the right on a statutory footing. The decision of the UK to leave the EU now means that the domestic implementing measures and any unimplemented provisions are converted to retained EU law by the European Union (Withdrawal) Act 2018. 7 Further, the Act removes Charter rights from domestic law on exit day 8 while retaining in domestic law fundamental rights or principles which exist irrespective of the Charter. 9 I will explore here some of the challenges for the UK courts in defining and interpreting these retained law rights. Crucially, any future development will not have access to the “benchmark” 10 of either EU law or a written constitution. The UK’s relationship with the Convention is an evolving one and, while general Convention protections continue to apply, for now at least, 11 I will focus here on implications for the UK’s uncodified constitutional order. This now diluted legal order will be more reliant on common law rights which, by contrast with rights in a written constitution, generally lack a hard -fundamental status.

Legal Protection of Registered Brand Holders (A case study of the infringement of the Kaso brand light steel)

For companies that manufacture good products with registered trademarks that are known by the public, they definitely have good market shares. It is undeniable that many companies practice unfair business competition by imitating or using other parties’ registered trademarks to market their products. The objective of this research is to obtain a legal basis for trademark rights in Indonesian positive law and the implementation of legal protection for the holder of registered trademark of lightweight steel products under brand of "Kaso" from trademark infringement by other parties through a case study of lightweight steel brand counterfeiting. This type of this research is normative, which is legal research conducted through library research. The finding of the research indicates that the legal basis for the holder of registered trademark shall be Law No.20 of 2016 which provides 10 (ten) years of legal protection. The legal protection of registered trademarks includes the type of violation, the threat of punishment for the violation, granting the right to file a lawsuit with the Commercial Court, criminal charges for alleged trademark infringement through the Police and/or by choosing an alternative solution.

PLACING THE RIGHT TO STRIKE WITHIN A HUMAN RIGHTS FRAMEWORK

Traditionally human rights have been divided into three generations. First generation rights, often referred to as civil/political rights, deal with issues of liberty and protect individuals from state interference. Examples of such rights include freedom of speech, freedom of religion and the right to life. Second generation rights are socio-economic in nature and protect rights such as housing, education and health care, while third generation rights are collective rights, for example the right to self determination and the right todevelopment. Socio-economic rights and collective rights do not have the same status as civil and political rights in international law. They are usually included in supplementary international documents, are ratified by fewer states and are subject to states’ economic constraints. The right to strike has often been described as a socio-economic right since it has been used to improve economic conditions for workers, such as wages, reasonable working conditions and a better standard of living (Novitz International Protection of the Right to Strike: A Comparative Study of Standards Set by the International Labour Organization and the Council of Europe (April 1998) published Oxford PhD 102; and see also Pillay “The Contemporary Protection of Social, Cultural Economic and Cultural Rights in International Law” http://www.communitylawcentre.org.za/ser/docs_2002/socio-economic_rights_in_international_law.pdf). The purpose of this note is to highlight the importance of the right to strike within the human rights framework. It proposes to do so in two ways. First, by showing that criticisms levelled against socio-economic rights are unwarranted and inapplicable to strikes and, secondly, by demonstrating that the right to strike is in fact a civil and/or political right, deserving of greater protection under international law.

Research on the Vague Excessive Attachment of Compulsory Enforcement Act: In relation to the Regulations of German Compulsory Enforcement Act

我國原則上禁止私力救濟，惟強制執行作為私權實現之合法管道，亦應有所限制，避免過度侵害他人權利。超額查封禁止之立法目的即在保護債務人之財產免受過度侵害，惟按實務通說，查封縱有超額情事，倘非屬極端超額者，即無違背超額查封禁止規定。又謂我國採平等主義，以執行人員尚應考量是否仍有其他債權人參與分配為由，認該原則難以遵循而應放寬解釋。對此，本文整理我國近20年來有關超額查封之最高法院裁判，欲釐清法院對於「超額」之認定標準。此外，以採取優先主義之德國法為比較對象，除簡介德國法之查封制度外，並說明優先原則與超額查封禁止原則之規定與相關爭議。最後，重新檢討現行實務有待商榷之處，並提出若干淺見作結。In principle, private remedies are prohibited in Taiwan. Therefore, compulsory enforcement is the only way to apply for implementation. But it doesn't have to be a means of sacrificing the debtor's basic rights. In accordance with Article 1 Item 2 of the Compulsory Enforcement Act, which has been in force since 2014: ＂Compulsory enforcement shall be carried out in accordance with the principles of fairness and reasonableness, balancing the interests of creditors, debtors, and other interested parties, in an appropriate manner, and to the degree no more than necessary to achieve the enforcement purpose.＂ In other words, compulsory enforcement should be based on the principle of fairness and reasonableness, and not exceeding the necessary limits, which has been recognized by legislators. This research focuses on the protection of debtor's rights in the compulsory enforcement Law as the core topic and paying particular attention to the excessive Attachment in Compulsory Enforcement Act of Taiwan, which was stipulated by Article 50: ＂The attachment of the movable property is limited to the property whose price is sufficient to repay the claim amount under the compulsory enforcement and the costs to be borne by the debtor.＂ Due to shortage of studies in the field of compulsory enforcement in Taiwan, this study try to sort out systematically the relevant judgments of the Supreme Court in the past 20 years, and to clarify the court's judgment standards for the excessive Attachment and the considerations behind them. Especially, the practice has always focused on whether the creditor can obtain the satisfaction of the creditor's rights through compulsory execution. It is easy to ignore the protection of the debtor's rights and interests, leading to the occurrence of illegal compulsory enforcement. This article examines also from a comparative law perspective to introduce the German compulsory enforcement law.

Imam Al-Shafi'i's Thought About Human Obligations and Rights in Islamic Law

Human rights are issues that are always discussed and have not provided a single understanding. This article aimed to analyze human rights from the perspective of the Imam school of thought by using the analysis of the thought of Imam Al-Shafi'i. This research was qualitative using the library research method based on data management obtained from several pieces of literature. Furthermore, this research used a normative approach by adapting several books of Imam Al-Shafi'i. The research found that human obligations and rights in Islamic law, according to Imam Al-Shafi'i, became an inseparable unit. Muslims must be far back to see the birth history and the development of human obligations and rights. As is meant by Imam Al-Shafi'i, human right is a fundamental thing, and it is worth fighting for social beings. His thinkers about human rights can be seen in some of his works, such as Al-Umm and Al-Risālah. These works are very outside for those who want to learn about human rights. The work and application of human rights imposed by Imam Al-Shafi'i are not much different from what is explained by several figures of human rights thinkers who come from the West. It was as the author found a match in his application after seeing the development of human rights thought from several figures. It is expected that contemporary Muslim scholars prioritize the issue of human obligations and rights in providing legal solutions to Muslims.

Military Booty as a Source of Property Rights in Ancient Georgian Law

Institute of Feudal Property Rights’ fundamental research is important for studying the Georgian law institutions of this period. The original means of obtaining property rights, including military trophy, have not yet been well explored. Due to peculiarities of feudal relations, the only thing that always connected the royal government with the fiefs during the period of Georgia’s unification or fragmentation into kingdoms was the obligation to military campaigns. Commitments were imposed not only to the secular but also to the ecclesiastical feudal lords. At the same time, depending on the form of military organization, permanent, mercenary or regular troops had different rules for capturing spoils of war and distributing them. The paper presents the main features of military booty as one of the important sources of acquisition of ownership in the old Georgian law. The paper examines rules for obtaining ownership of enemy property in feudal Georgia, the order of division of seized property between warriors of crusades and other authorized persons, and also examines the factors on which the legality of spoils of war was depended. The paper discusses issues such as: descriptive terms of spoils of war; property obtained by the sword as a indisputable property; Tradition of taking Panjiak – King Panjiak; The amount of the officers’ share in the booty, which was allocated either from Panjiaki or from the rest of the property.

FPIC, international law, social space, and indigenous territories in FPIC during extractive projects in Latin America. A romantic or tragic story?

The development and implementation of the free, prior, and informed consent (FPIC) can be understood both as a “romantic” and “tragic” story, using a sharp reflection made by Susan Marks (2012) regarding Human Rights. Following this idea, this essay intends to analyse the main developments of FPIC international human rights in the last three decades (the successful story) and the clear and strong limitations of its use in Latin America (the tragic side to it).Despite the fact that the romantic narrative tells us about a progressive recognition and protection of indigenous rights in international law, especially with instruments such as the ILO Convention 169 (ILO-C169) and the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP), these advances have been and are currently deactivated. Through the revision of postcolonial literature and an analysis of relevant research in Latin America, this essay explains how the supposed progress is clearly limited by imbalances in the history of international law itself and in the territorial governance system that is configured in large-scale extractive projects, where FPIC is applied or not. In this manner, despite apparently overcoming colonial times against indigenous peoples, the permanent structure of neo-colonization of indigenous territory prevails for an ever-growing global market.

인간의 존엄한 삶과 죽음에 관한 헌법적 검토

Different individuals have different preferences for the quality of their death, and it is possible for the state to respect these preferences on an individual basis. For instance, some individuals voluntarily choose a lifestyle (and death) of solitude of their own accord and without legal permission to do so. The state cannot intervene or interfere with the choice to live and/or die in solitude. This is markedly differentiable from death in social exclusion or isolation, which is not the choice of the affected individual. In these latter cases, the death is an involuntarily “lonely” death. Last year, the Act on the Prevention and Management of Lonely Death was passed to reduce the number of lonely deaths. The act defines and targets “lonely death” in which a person living alone, disconnected from people around him or her, such as family, relatives and neighbors, dies alone from suicide, disease, etc. and his or her corpse is discovered after a certain period of time. Defining “lonely death” in these terms and as something irreconcilable with the quality of death guaranteed by the constitution necessitates state intervention. This study seeks to determine the constitutional basis for state intervention in lonely deaths and to identify the conditions required to justify such intervention. It confirms that the constitutional basis for state intervention in lonely death does not exist if the economic, social, and cultural conditions of humane living are derived from the basic constitutional right to a life worth of human beings (Art. 34), to health (Art. 36(3)), and to human dignity (Art. 10). In particular, it highlights that in order to guarantee dignity in death by preventing lonely death, the state must prevent the deterioration of the conditions of dignified life (which is a path to lonely death) by actively guaranteeing individual economic stability and health. The traditional, freedom-centered interpretation of basic rights makes it difficult to establish a constitutional basis for the prevention of loneliness by the state. An interpretation which justifies state intervention requires that the state be obligated to expand freedom and guarantee social rights. Considering that social isolation must necessarily involve “self-neglect”, the limitations of this traditional view become even clearer. The Act on the Prevention and Management of Lonely Death does not prescribe intervention in the exercise of an individual's self-determination, but rather aims to intervene when the conditions enabling self-determination are not met. In other words, the active realization of social rights in the constitutional law should be stipulated in the Act on the Prevention and Management of Lonely Death . Namely, the state can protect individuals from the risk of dying alone by actively guaranteeing the right to live humanly under constitutional rights including Article 34 of the Constitution and the right to health under Article 36 (3) of the Constitution.

"Concept of Minority and Minority Rights in International Law: An Assessment"

In international law, the term ―minority‖ remained a contested concept for a prolong period. Various authors and scholars have also defined the term in different ways depending on specific situations. The concept of minority and minority rights also remained neglected in the earlier phase of the United Nations. For many years, the UNs only focused of individual human rights, neglecting the minority protection system of its predecessor, the League of Nations. Lack of precise and accepted definition in international law led the UNs revert to its idea of only promoting individual human rights and took an interest in long ignored idea of group and minority rights. This paper attempts to define the concept of minority and minority rights in international law. It also focuses on origin of international protection of minority rights. The paper discusses the steps taken by the United Nations and other regional organizations in defining the concept in order to set universal standards for the protection and promotion of rights of minorities.

Hak Cuti Haid Tenaga Kerja Perspektif Maślaĥah Al-Mursalah dan Gender

This article discusses the right to menstrual leave as stated in Article 81 of Law No. 13 of 2003 on Employment in PT Jaya Asri Garmin do. This research data was obtained through interviews with relevant parties, namely personnel, and the female workforce, observation, and documentation. This research uses theories about the understanding of labor in general, labor rights according to Law No. 13 of 2003 on Employment, Gender Concepts and Analysis, menstrual understanding, and also contains theories about Maŝlaĥah Al-Mursalah. This study found that menstrual leave rights as in Law No. 13 of 2003 on Employment have been applied at PT Inti Sukses Garmindo but replaced with money or cashed. The award of bonus to replace menstrual leave amounted to Rp 89,195, - which will be received every month. But it is not by Law No. 13 of 2003 on Employment that should replace the cashed menstrual leave rights 2 x 89,195, - every month. The application of menstrual leave rights in Law No. 13 of 2003 on Employment at PT Inti Sukses Garmindo if reviewed with Maŝlaĥah Al-Mursalah then includes maintaining the soul. If analyzed using Gender Analysis APKM (Access, Participation, Control, Benefits). With the provision of menstrual leave, it can protect against the exploitation of women because menstruating women often feel pain, dizziness, and weakness. The provision of menstrual leave can be used as a time of rest and avoid evil.

Competition Law and Fundamental Rights: Survey of Recent Developments Concerning the Right to Good Administration, Dawn Raids, Legal Professional Privilege, and Other Procedural Rights

Competition Law and Fundamental Rights: Survey of Recent Developments Concerning the Right to Good Administration, Dawn Raids, Legal Professional Privilege, and Other Procedural Rights

Property rights in martial law

The article is devoted to the study of property rights in martial law, the definition of «forced alienation of property» and «seizure of property», reveals their characteristics.
 The analysis of the essence of the property right in the conditions of martial law is carried out, it is defined as there is a compulsory alienation and confiscation of property.
 It is established that during martial law there is a possibility:
 –forcible alienation of property, ie deprivation of the owner of the right to ownership of individually identified property in private or communal ownership and which becomes the property of the state for use under martial law or state of emergency subject to prior or subsequent full reimbursement;
 –confiscation of property, ie deprivation of state-owned enterprises, state economic associations of the right of economic management or operational management of individually determined state property for the purpose of its transfer for the needs of the state under martial law or state of emergency.
 It is important that an act is drawn up on the forced alienation or confiscation of property.
 It is determined that in the modern legal literature there is no clear scientific study that would address the issue of property rights in martial law. Therefore, it is necessary to more clearly analyze the provisions of the legislation of Ukraine on property relations that exist under martial law.
 According to the results of the study, it was concluded that in martial law only the procedure of forced alienation of private property and communal property with subsequent compensation of value can be applied, and seizure occurs exclusively at the expense of state property and without reimbursement of such property.
 The decision to forcibly expropriate property may be taken only by the military command in agreement with the local self-government body, depending on the conduct of hostilities in the territory.
 It should be noted that the police, the Territorial Defense Forces, and individual servicemen cannot forcibly confiscate the private property of citizens without a proper decision of the Military Command and without proper documentation.

PEMBERIAN ASIMILASI DAN INTEGRASI TERHADAP NARAPIDANA GUNA PENCEGAHAN DAN PENANGGULANGAN COVID 19

This writing is based on the policies that have been set regarding the assimilation program for prisoners during the COVID-19 pandemic. Assimilation is an important thing for inmates to get a change in attitude/behavior about what it is to actually serve a prison sentence, because in prison there are many different cultures and characters. In the process of assimilation, it can not be considered easy to see from environmental conditions and changes in society. Assimilation is given to prisoners in order to fulfill the conditions that apply in accordance with the rule of law and this is a form of fulfilling the rights of prisoners. Assimilation is a program established by the government for guidance for adult and child prisoners and they are returned to the community environment and live their lives as usual with the community. Integration is a conditional release covering (PB, CB, CMB) for prisoners who have met the requirements in accordance with existing provisions. The government issued Regulation of the Minister of Law and Human Rights Number 10 of 2020 concerning Conditions for Providing Assimilation and Integration Rights for Prisoners and Children in order to prevent and cope with the spread of Covid-19 in prisons or detention centers, assimilation programs are provided and will be carried out at home under guidance and supervision.