Law Rights Research Articles

State Responsibility in Protecting Human Rights: An International Legal Perspective

As a country based on law, Indonesia has an obligation to provide human rights protection for every one of its people. This article discusses the concept of human rights in international law, the responsibility of states in protecting human rights according to international law, as well as the implementation of state responsibility in practice and case studies of state responsibility in protecting human rights. The purpose of this research is to find out the state's responsibility in protecting human rights. Based on the results of the discussion, the State has the responsibility to protect human rights from violations by third parties. This means that the state must prevent, investigate, prosecute and punish violations of the human rights of its citizens. including international role institutions and legal instruments governing state responsibilities in enforcing human rights.

Implementasi dan Pengaturan Hak Anak Dalam Hukum Indonesia

This research aims to understand the implementation and regulation of children's rights in Indonesian law. This research method is descriptive with a normative approach. Children are entrusted by God, the creator of the universe, where all elements are united in life that need and protect each other. The law regulates how to handle when a minor commits a criminal act, whether they must be tried according to the Criminal Code (KUHP) or mediation is carried out in accordance with applicable legal provisions. The results of the research show that minors who have already committed delinquency or criminal acts and have resulted in legal prosecution can receive guidance within their family environment. Or in other words, children are returned to their parents to be educated and trained so that they do not commit criminal acts in the future.

The Protection of Performers' Rights in Copyright Law in India: A Comparative Analysis

This comparative research paper examines the protection of performers' rights in copyright law, focusing on the right to be identified as the performer and the right to object to derogatory treatment of performances. Through an analysis of legal provisions, treaties, and case law, this study provides a comprehensive understanding of the scope, limitations, and enforcement of these rights in various jurisdictions. The research explores historical development, international standards, and challenges in implementing and enforcing rights. The findings contribute valuable insights for policymakers, practitioners, and performers seeking to enhance the protection of performers' rights within copyright law. The study aims to foster a balanced framework that preserves performers' creative contributions and maintains a harmonized copyright ecosystem. Key Words: Right, Performer, Artistic, Copyright, Protection

The normative nature of corporal punishment in Australia

AbstractCorporal punishment (CP) is the most common and socially normative form of violence perpetrated against children and is legal in the home and some other settings in Australia. CP was made a common practice through its introduction by European settlers and Christian missionaries during colonisation. Furthermore, the defence of reasonable chastisement became part of the Australian common law in 1860 and is still used in some jurisdictions. Other jurisdictions have enacted criminal laws that have entrenched the defence in legislation. This article gives a brief historical overview of the origin of CP in the English common law, the defence of reasonable chastisement and how these concepts came to be entrenched in Australian law and culture. Moreover, this contribution examines the recognition of children's rights in international law and the significant global impact this has had in elevating the status of children. Then, this article analyses the current legal framework and the permissiveness of CP in Australian states and territories. Consequently, it is argued that states and territories ought to repeal legislation that permits CP, and all jurisdictions should insert a positive statement into civil laws that CP is no longer acceptable as a disciplinary measure.

Kepastian Hukum Hak Atas Tanah Bagi Warga Baru Di Lokasi Perumahan Resettlemen Kelurahan Naiboanat Kecamatan Kupang Timur Kabupaten Kupang

For life man , land have very important role Because in reality will relate forever between man with ground . From aspect social , land No only function as source livelihood for inhabitant society , however also works as place stay or place reside . Problems that arise is , until moment This Still Lots inhabitant society that hasn't get guarantee certainty law right on land , in particular inhabitant new former East Timor. Government action post conflict ask opinion 1999, is with programa settlement return (resettlement). But this program felt Not yet Enough answer problem inhabitant new . why ? Because it's needed public No only question place stay , however more from That is certainty hukm right on their land _ occupy . Because That Country with authority , has responsibility For provide , regulate , protect , as well as ensure certainty law to its citizens , in order for rights on land Can fulfilled or not violated . Mandate enacted constitution _ in Article 33 paragraph 3 and the Law Main points Agrarian No. 5 Year 1960 to be instrument law for the State ( Government ) to ensure well-being for all Indonesian people.

Fulfillment of Children's Rights in Marriage Age Restriction in The Perspective of Mashood A. Baderin View of Human Rights (Sociological Study of Marriage Law Number 16 of 2019)

Indonesian Government has made changes to the minimum age limit for marriage in the Marriage Law to prevent the practice of underage marriage and protect children's rights, which are part of human rights. This research aims to examine the sociological aspects of changes in the age limit for marriage in Indonesia, which basically uses the Universal Human Rights approach as the main instrument in revising the Marriage Law in Indonesia by using the view of human rights put forward by Mashood A. Baderin. This research is a normative juridical research that uses a historical and conceptual approach. The results of this research show that two sociological aspects underlie changes in the minimum age limit for marriage in Indonesia, namely the health and education aspects. Changes in the minimum age limit for marriage are intended to fight for children's rights, especially health and education. According to Mashood A. Baderin, the Al-Qur'an and Hadith have regulated children's rights. Changes in the minimum age limit for a marriage intended to fight for children's rights align with Mashood A. Baderin's views on children's rights in Islamic law.

Judicial Independence vs Parliamentary Supremacy: Reignition of debate vis-à-vis Israel and India

Huge demonstrations are going on in State of Israel against the Judicial reforms being proposed by the PM Netanyahu led Government.1 In India also war of words is ongoing between senior government functionaries and Higher Judiciary over the collegium process and its impact. Per se the healthy discussion and negotiation between different organs of the government is not bad but it should not be with an aim to reduce their importance. Judicial independence is the hallmark of Rule of Law in any democracy.2 It only protects individuals’ liberty but also keeps a check on the state excesses or biasness. Indisputably, the parliament has an exclusive right of law making but the moot question remain whether power to amend includes power to destroy. There must be checks and balances on all the three organs of the government. Even Judiciary cannot be allowed free run without any accountability and reforms must keep going but any Judicial reforms cannot be allowed to strike at the root of Judicial independence itself as it would destroy the institution. In this paper I have tried to explain the current situation in Israel where the proposed reforms being brought in the name of Judicial accountability and Judicial reform threaten the very concept of judicial independence. It strikes at the very basic theorem of separation of Power and would promote autocracy and dictatorship in the long run. As Israel is a parliamentary democracy, the executive heads already influence the decisions of the Knesset in a major way & if they get to have the same in Judicial appointment then the political leaders ruling the State of Israel will have all the powers with very less accountability. In comparison the situation in India is different. While verbal arguments are going on between Judiciary and Executive it is more or less limited to Judicial appointment with others spheres of Judicial independence like Judicial Review not part of the public debate. The paper also argues about the need for Judicial independence in a democracy and the Power of Parliament to amend is not absolute and unlimited.

Constitutional Court Decision to Protect the Rights of Women and Children in Improving Justice and Legal Certainty

<p class="Abstract"><em>This paper aims to analyze how the Constitutional Court protects human rights, especially the rights of women and children. Through one of the powers of the Constitutional Court is to conduct a judicial review of the Constitution. The authority of the Constitutional Court is a push for the realization of the constitutionality of the law in order to protect human rights for everyone, including women and child right. The purpose is to analyze the extent to which the Constitutional Court performs its function as the guardian of the Constitution. The research uses statute approach, the comparative approach, the conceptual approach, and the historical approach, based on four judicial review cases: Constitutional Court Decision No.20/PUU-XI/2013 concerning Judicial Review No. 10 of 2008 of General Elections, Constitutional Court Decision No.46/PUU-VIII/2010 concerning Judicial Review Number 1 of 1974 on Marriage, Constitutional Court Decision No.22/PUU-XV/2017 concerning Judicial Review Number 1 of 1974 on Marriage, and Constitutional Court Decision No.24/PUU-XX/2022 concerning Judicial Review Number 1 of 1974 on Marriage. The results of the review demonstrate that: (1) there is an imbalance in legal products that harm women and children; and (2) the Constitutional Court has a mechanism to correct inequality in legal products through a judicial review mechanism. This paper finds that the Constitutional Court plays a significant role in safeguarding women's rights in law through judicial mechanisms. Moreover, this article provides an academic-based assessment of the Constitutional Court's decisions to provide optimal protection for the fulfilment of the rights of women and children.<strong></strong></em></p><p class="Abstract"><strong><em>Keywords:</em></strong><em> </em><em>Protection, Woman and Children, Rights, Constitutional Court</em><em></em></p>

Protection of Personal Rights in Law of Succession

This author aims to demonstrate that in addition to the legal measures provided for in Article 24 of the Polish Civil Code, protection of personal rights may also indirectly serve the institutions mentioned in Book IV of the Civil Code, one of which is the law of succession. These institutions are primarily disinheritance (Article 1008 of the Civil Code) and unworthiness of inheritance (Article 928 of the Civil Code), as well as the exclusion of a spouse from inheritance (Article 940 of the Civil Code). They serve to protect, above all, such personal rights as life and health, honour and freedom, in particular the freedom to make a will. Violation of these personal rights will be met with specific pecuniary sanctions, among them, deprivation of the right to inheritance, to the reserved share of the estate, to bequests, or to the statutory superannuation as provided for in Article 939 of the Civil Code.

Jan Kanty Rzesiński – dziewiętnastowieczny krakowski romanista i historyk prawa (część II)

Jan Kanty Rzesiński – Cracovian Roman Law and Legal History Scholar of 19th Century The article is the second part of the work devoted to the academic profile and views of Jan Kanty Rzesiński – a Cracovian lawyer who was vigorously engaged in research on Roman law, Polish legal history, and legal philosophy in the first half of the 19th century. Despite his academic interests, J.K. Rzesiński was not working at the Faculty of Law of the Jagiellonian University for most of the time. In the first part of the article, the author discussed J.K. Rzesiński’s curriculum vitae and his works on Roman law. The objective of this the second part of the article, is to examine those of remaining literary works that dealt with law (the translation of Processus iuris civilis Cracoviensis, articles on obstagium in lieu of securing creditors rights in the old Polish law, articles on language and jurisprudence, and articles on the relations between legal history and philosophy of law) as well as his views against the epoch and the Cracovian academic milieu.

Analisis Hak-Hak Buruh Pabrik Dalam Syariat Islam

This research is entitled "Analysis of Factory Workers' Rights in Islamic Law". This study aims to find out what rights and obligations must be accepted by workers in Islamic law and whether workers' rights to factory companies are fulfilled according to Islamic law. This study uses a qualitative analysis method by understanding and formalizing the data systematically. The result of this research is how workers cover the basic rights of workers. This includes the right to fair and decent wages, reasonable working hours, safe and healthy working conditions, and the right to organize and strike as a form of protest. This abstract underscores the importance of understanding and analyzing labor matters in the context of labor law and economics. In this era of globalization and rapid technological change, it is important to keep updating and reviewing labor materials to suit the demands and changes in the world of work. Thus, further research in this area will make a significant contribution to strengthening the protection and well-being of workers in the future.

Epistemology of Islamic Law Concerning Human Rights

Human rights law in the context of answering human rights debate as the spirit of constitutional law, international law, and criminal law. civil law, and procedural law with a blended approach international law and national law. In the Islamic context, the understanding of Human Rights is studied through the understanding of Islamic Law itself. The problems inherent in humans are of interest to scientists, philosophers, and legal experts because humans have inherent will, rights, and freedom. in Islam, all human rights are obligations of a state or individual that cannot be ignored. Hence, human rights in Islamic law are related to the concept of equality which is transcendentally stipulated for the benefit of humans through Islamic law. In Islamic law, humans are beings who have duties and responsibilities and have rights and freedoms based on justice. Human rights are rights that are owned by everyone in accordance with human conditions. Human problems are complex if the rights inherent in humans are not fought for and protected, such as the right to life, the right to freedom, the right to religion, the right to justice, the right to equality, the right to education, the right to freedom of opinion, the right to ownership, and the right to get a job. .In other words, without protection there will be social oppression, human colonization, and authoritarian life arrangements. Therefore, freedom and the will for independence must be protected from oppressive outside forces.

ANALISIS FATWA MUI TENTANG PERLINDUNGAN HAK KEKAYAAN INTELEKTUAL

Copyright is a type of intellectual property right, which has been widely discussed by the public lately. Based on data from the International Data Corporation (IDC), Indonesia in 2007 was listed in the top five countries with the highest levels of piracy and the biggest violators of Intellectual Property Rights. Indonesia is also known as one of the "paradise" for circulation of pirated and illegal goods. MUI as one of the Islamic religious institutions in the State of Indonesia has issued a fatwa regarding the protection of Intellectual Property Rights, which contains several considerations, legal basis, and the mafsada that arises.Departing from the problem above, there are several problems formulated to find out the background of the existence of the MUI Fatwa regarding the protection of Intellectual Property Rights, how the provisions of the MUI fatwa against IPR violations and how the implementation of the MUI Fatwa in the practice of photocopies of copyrighted books. While the data is obtained through documentation, observations and interviews which were then analyzed using descriptive qualitative methods, namely data in the form of spoken words or from people and their behavior that can be observed.The view of Islamic law regarding the provision of copyright protection is an appreciation for his efforts and sacrifices during the process of discovering intellectual works and these works can be included in the class of assets, namely intellectual property. With regard to the fatwa issued by the MUI regarding Copyright, the MUI views Copyright as one of the Huquq Maliyyah (property rights) that receives legal protection as mal (property) for the legal provisions issued by the MUI on Copyright. Copyright including property rights (milkiyah) in Islamic law can be obtained from various ways, including namely ihraz al-mubahat (free control of property), namely the method of ownership through control over assets that have not been controlled or owned by other parties so that assets that have become his property is obliged to be protected by both formal law and Islamic law as individual property rights. From the results of research in the practice of photocopying copyrighted book services "not violating" the rules set by the MUI, copying activities are only to make it easier for the public, especially students who need books for educational purposes. books copied (made) without asking permission from the creators.

Intellectual Property Law Aspects of Environmental Protection and Sustainable Development: Where Is the Line Between Public and Private Interests?

Protection of the environment is regulated by numerous laws and bylaws, within legal areas. As regards regulations of an imperative nature, there is no doubt that these provisions represent the public interest and responsibility of the state to preserve and improve the environment. The paper examines the potential of private law rights to contribute to environmental protection and improvement, because the action of entities depends on the choice of whether to act or not in certain circumstances. To illustrate a possible contribution of private law in environmental protection matters, patent and indications of geographical origin have attracted attention. While trying to determine a particular connection between rights and environmental matters, it has become clear that significant improvement of environmental protection can be provided in a circular flow through different areas of law. Protecting and supporting private law rights is not detached from guarding the public interest. An examination of patent law potential should demonstrate that cooperation between scientific research institutions and industry is of primary concern in modern society. In practice, a number of issues obstruct successful cooperation; however, this is an opportunity for the state to encourage collaboration. A similar approach should be suggested in relation to indications of geographical origin. State and local governments should encourage recognition of indicators of geographical origin, attracted to localities of high environmental quality.

The author's moral right of withdrawal and its reasonable restriction or contractual waive

AbstractCopyright protects original works of authorship by granting the author economic rights, which give the author an exclusive right of economic exploitation, and moral rights, which protect noneconomic interests of the author. Moral rights are not considered property, but an aspect of the author's personality. The aim of this study is to find a solution how to include one of the author's moral rights—the right of withdrawal—in the national legal acts, so that it meets the interests of both the author himself and the user of the work. The research question is: how much should it be necessary to limit the right of withdrawal so that neither the transferee of the economic rights nor other coauthors of the work suffer from its excessive use? To find an answer to the research question, international and national legal norms of various countries were studied, the materials of international conferences were analyzed, as well as the information available on the Internet about the origin, use, and development of moral rights were taken into account. There is a wide diversity of opinion on the application of right of withdrawal, as well as great differences in the laws of individual countries. Although the laws of Common Law countries include mandatory moral rights (according to the Berne Convention), the right of withdrawal in its classical form is not provided for in any of the analyzed countries. In Civil Law countries are different attitudes to withdrawal rights. Some Civil Law countries have and some have not included these rights in national copyright law. The right of withdrawal can be included in the catalog of moral rights of national copyright laws, but it cannot be an unlimited right. Certain limitations or exceptions must be established for specific types of work or specific situations of use. It should also be possible for the author to contractually transfer or waive certain moral rights in specific situations.

Концепция политических прав человека по праву средневековых городов Италии XI–XIV вв.

In the article, a study was carried out on the key stages of the legal consolidation of political human rights in the medieval law of Italian cities. The first stage was characterized by a political confrontation between territorial feuds and the merchant-patrician elite of the city, the second — by the intervention of the supreme suzerain of Italian lands in urban affairs, the third by a conflict between various bourgeois elements of the medieval society of Italy. As a result, the author concludes that the first two stages had common features in almost all cities of medieval Italy, the third — led in each individual city to different political consequences.

하도급법상 입찰참가자격제한 등 요청결정의 처분성과 회사분할시 제재사유의 승계에 관하여

In the event of a company split, the Supreme Court ruled on April 27, 2023, regarding whether a new company or surviving company can be subject to sanctions (hereinafter referred to as “sanctions”), such as a request for restrictions on eligibility to participate in bidding, and restrictions on eligibility to participate in bidding. The target judgment was that the Fair Trade Commission (hereinafter referred to as the “Fair Trade Commission”) decided to limit the eligibility to participate in the bidding and request suspension for the company's violation of the Subcontracting Act. This is based on the subcontracting law's imposition of penalty points and the legal nature of the request decision, the status of accumulated penalty points, the company division process, the content of the split plan, the identity of the business sector transferred to the new company. The target judgment identifies the legal nature, requirements, and effects of the FTC's request for corrective action, penalty points, and bidding qualification under the Subcontracting Act, and reveals the meaning of public law rights and obligations transferred to the split company. The target judgment is also useful in that it can set a standard to distinguish between cases where public law obligations are specified enough to succeed and cases where there is no room for succession by comparing and considering the succession of reasons for restricting bidding participation. However, it is important to note that the reasons for the decision to request restrictions on bidding participation and whether or not to succeed to the reasons for restrictions on bidding participation depend on the provisions and facts of the relevant disposition. The target judgment is also meaningful in that it clarified the meaning of the disposition as the subject of an appeal suit in relation to the interim decision by confirming the disposition of the request decision on January 12, 2023 and February 2, 2022, such as the imposition of penalty points by the Fair Trade Commission and restrictions on bidding participation. Despite the target judgment, there are still a lot of things to be clarified about the meaning of the status under the public law transferred according to the division of the company, including the succession of reasons for sanctions, so follow-up research and discussion should be continued.

Land Rights in the Land Law System in Indonesia According to the Basic Agrarian Law Number 5 of 1960

Law No. 5 of 1960. This law explains that land law in Indonesia is Unofficial. This means that all issues, status, and legal basis of land in Indonesia must refer to UUPA No. 5 of 1960. Actually, this UUPA is a land nationalization project in Indonesia. So that land is properly owned and enjoyed by Indonesian citizens so that foreign nationals do not have the right to land in Indonesia except Hak Pakai. This control is not meant to be Hak Milik, but the state controls land in the sense that the State is given the right to manage land in Indonesia for the prosperity of the Indonesian people themselves. There is recognition of customary law rights, especially in the land sector which is famous for the existence of Customary Rights. The UUPA itself provides recognition of Customary Land Rights. The concept of customary rights is in line with Article 6 of the UUPA that land must have a social function. This means that the function of land is not only for personal interests, but more importantly for the benefit of the wider community or for the common good. Individual rights to land also receive recognition from the UUPA such as Hak Milik (HM), Hak Guna Usaha (HGU), Hak Guna Bangunan (HGB), Hak Pakai (HP), Waqf and Land Security Rights. So it is clear that the Indonesian land law system is indeed based on the noble values of the Indonesian nation itself such as togetherness, justice, prosperity and kinship in land control and utilization while adhering to the principle that land must have a social function.

"Actual problems and the role of the Prosecutor's Office in the implementation of the human rights function related to the rights of minors to social security"

In fulfillment of the State task, the protection of children is put first in the field of education, receiving free medical care, housing, etc. The task of protecting the rights of adolescents to social security is reflected in the guiding documents: the Declaration of the Rights of the Child[1] and the Convention on the Rights of the Child [2], also in the Optional Protocol to the Convention on the Rights of the Child[3]. Difficulties in the process of protecting the rights of minors arise due to imperfections of legislation, gaps in law, contradictions of federal and regional legislation. In this regard, the processes of formation and development of the institute for the protection of children's rights in Russian law, the definition and expansion of opportunities for prosecutorial control over the performance of duties to protect the rights of adolescents are very important. These factors determined the choice of the topic and its relevance.The object of the study is the rights of minors to social security. The subject of the study is the role of the Prosecutor's Office in the implementation of the human rights function for the observance of the protection of the rights of minors.The purpose of the study is to study theoretical issues, as well as practical proposals for improving legislation, which are aimed at improving the work of the prosecutor's office to protect the rights of adolescents to social security. The methodological basis of the research is a set of general scientific and private scientific methods of knowledge, specifically: observation, comparison, study and synthesis, induction and deduction. The practical significance of the scientific work lies in the fact that the results of the study can be applied in the practice of prosecutors to protect the rights of adolescents, in law-making work to improve legislation that regulates the issues of prosecutorial control over the performance of duties to protect the rights of adolescents.

PEMENUHAN HAK-HAK PERLINDUNGAN ANAK (STUDI PERBANDINGAN HUKUM POSITIF DAN HUKUM TATA NEGARA ISLAM)

The results of the author's research in this study that the fulfillment of chidren's rights in positive law is fully regulated by law in which it is regulated explicitly and clearly both the fulfillment of the rights of the child itself and the sanctions for violators. whereas in Islamic constitutional law, the fulfullment of children's rights is explained in the arguments of the Qur'an, hadith, compilations of Islamic law, and also MUI fatwas where are clear. but the similarity is that in positive law and Islamic constitutional law the fulfillment of children's rights is fully guarded and protected so that the child's life is safe and peaceful..