Principles Of Human Rights Research Articles

The Principle of Freedom and the Right to Respect the Private Life from the Perspective of the Civil Identity of Transgender People

This study aims at analyzing how fundamental rights and individual freedom interfere with privacy issues for transgender people. The main purpose is to identify the legal and social challenges faced by this community in the process of legal recognition of gender identity. To achieve these objectives, the research uses a mixed methodology, which combines comparative legal analysis of legislation from different jurisdictions with relevant jurisprudence and public policy, highlighting exemplary practices and legislative gaps. The results of the study indicate the existence of a gap between the principles of human rights agreed at the international level and their implementation at the national level. Despite significant progress in some countries, many transgender individuals still face bureaucratic obstacles and discrimination when claiming their rights. Therefore, is obvious the need for legislative reform to facilitate the recognition of gender identity in a way that respects personal autonomy and privacy. The study recommends the development of policies and practices that promote social integration and respect for human rights for transgender people, emphasizing the crucial role of a rights-based approach in achieving equality and non-discrimination.

Addressing Japan’s disposal of nuclear-contaminated water from the perspective of international human rights law

The discharge of nuclear-contaminated water containing radionuclides into the ocean by Japan will lead to its integration into the entire ecosystem through processes of circulation and biomagnification, eventually entering the human body via the food chain. This poses a substantial risk of irreversible damage to both the ecosystem and human health, a situation that will worsen with the ongoing discharge of such water. The respect and protection of human rights represent an international consensus, and safeguarding fundamental human rights is a substantial obligation that states must undertake in accordance with both international and domestic law. Since the Fukushima nuclear disaster, Japan has continuously violated its international legal obligations to protect human rights in several areas, including the resettlement of disaster victims, the reduction of nuclear radiation levels, and the handling of contaminated water. Such actions have compromised and will continue to compromise the basic human rights of not only its citizens but also those of people worldwide, including environmental rights, the right to life, development rights, and food rights. In the aftermath of the Fukushima meltdown, the public and workers involved in handling nuclear contaminants have been continually exposed to high radiation levels, endangering their rights to life, development, and health. Japan’s inadequate efforts in victim resettlement and environmental restoration have jeopardized the environmental and food rights of its citizens to live healthily and access food in an environment unaffected by nuclear radiation. The release of nuclear-contaminated water poses a risk of Japan’s nuclear pollution to the people of neighboring countries and the global population at large. The principle of human rights underpins the theory of a community with a shared future for humanity, and human rights are a crucial area of China’s active participation in United Nations affairs and global governance. By voicing concerns over Japan’s potential human rights violations globally, China demonstrates its role as a responsible major country. In response to Japan’s breach of legal obligations and human rights violations, China can adopt a reasoned and beneficial approach, including calling on the international community to hold Japan criminally accountable for crimes against humanity under the Rome Statute and advancing scholarly discussions on ecocide and crimes against the marine environment. Furthermore, China should persist in seeking advisory opinions from the International Court of Justice and strive for substantive accountability, utilizing the mechanisms of international human rights organizations to make its voice heard.

Analysis of Criminal Policy against Perpetrators of Terrorism Crimes: Perspectives on the Death Penalty and Human Rights in Indonesia

The extent of the terrorist network in Indonesia threatens the threat and integrity of the Republic of Indonesia, manifested in broad trends, organization and systematic networks. Terrorist attacks are increasingly brutal, targeting innocent civilians. The threat is increasingly complex with increasing radicalization and online recruitment, requiring comprehensive action, including cooperation with government agencies, security forces, intelligence, and civil society, as well as a comprehensive approach involving intelligence, community participation, and addressing the root causes of radicalization to eradicate terrorist networks . Eradicating criminal acts of terrorism is a serious challenge for the Indonesian government, with one of the complicated aspects being the implementation of the death penalty against perpetrators of terrorism. This article analyzes Indonesian criminal policy, explains the method of punishment, the Human Rights (HAM) perspective, and critical views on the death penalty. In conclusion, it is important to strike a balance between efforts to enforce the death law and the desire for the principles of human rights and justice in the context of eradicating terrorism. Continuous evaluation of the application of the death law and open dialogue involving various parties are the keys to reaching an agreement that upholds humanitarian values and justice in efforts to overcome criminal acts of terrorism in Indonesia.

LGBT In Criminal Code: A Dialeectics Of Morals And Human Rights From Prophetic Legal Perspective

The existence of LGBT individuals in Indonesia remains a contentious topic in society due to the perceived deviation from social norms in their orientation and behavior. Opinions on how to address LGBT individuals vary greatly, with some supporting their rights and others opposing them based on differing interpretations of human rights and moral and religious values. One prevalent discourse is to criminalize LGBT behavior as a violation of public decency in the reform of the Criminal Code. However, problems arise due to the lack of clarity in regulations and how to address the group from moral and human rights perspectives. This paper will discuss the ratio legis of LGBT regulation in national criminal law with human rights and morality variables, using the perspective of prophetic law. The data collection method is a library research model, and secondary data is used with descriptive-qualitative analysis techniques. The study found that the inclusion of LGBT elements in the national criminal law reform is a preventive measure taken by the state to curb the potential impact of LGBT on society. However, it is important to note that this reform is limited to criminal acts of decency and does not imply an implicit prohibition. It is crucial to maintain public morality without discriminating against any particular group. The principle of human rights and morals in Indonesia is based on Pancasila, which serves as the philosophical foundation and the ideals of national law. Therefore, LGBT sexual orientation and behavior are not accepted. The regulation of LGBT in the Criminal Code reaffirms the basic principles of the state built on the Almighty God and considers the legal system holistically, not limited to the principle of legal positivism, but also including morals as the substance of law.

LIBERAL DEMOCRACIES ARE ALSO SOCIAL DEMOCRACIES

Contemporary democracies have evolved over the course of two centuries, stemming from the democratization of representative government following significant revolutions in America (1776) and France (1789). However, it was the aftermath of World War II (1945) that marked a pivotal shift, as democracies embraced liberalism by adopting principles of human rights and the rule of law as foundational requisites. Concurrently, within the most successful Western democracies, the concept of the welfare state emerged as an essential prerequisite for effective democratic governance. This text argues that contemporary democracy constitutes a political regime in which liberal democracy and social democracy are inherently interconnected and indivisible.

Fulfilment of the Social Security Rights of Indonesian Migrant Workers after the Transition of the Insurance Consortium Becomes a Social Security Organizing Agency (BPJS)

This Research aims to analyse fulfillment of social security rights of Indonesian migrant after the transition if the insurance consortium becomes a Social Security Organizing Agency (BPJS). This is normative legal research using statutory approach and conceptual approach as research method. The result of this research showed that there are 13 (thirteen) risk borne by migrant worker social security regulated in insurance consortium and after the transition to BPJS, there are only 3 (three) programs offered, those are JKK and JKM Which are mandatory and JHT which is voluntary. The synchronization of the regulation between PPMI Law with the 1945 Constitution as the basic rule has no problems if a vertical synchronization analysis is carried out, then in terms of fulfilling the rights of PMI and their families, it has fulfilled the principles of Human Rights, although there are still unsynchronized with several other rules such as differences in benefits offered in the BPJS Law with the PPMI Law in horizontal synchronization.

JURIDICAL REVIEW OF THE CLAUSE OF WITHHOLDING THE ORIGINAL DIPLOMA OF WORKERS BY THE COMPANY IN THE EMPLOYMENT AGREEMENT

The purpose of this research is to understand the aspects of legal certainty related to the Retention/Submission of Original Diplomas Clause in the employment contract applied by the Company and this research also aims to find out the legal protection efforts given to workers who agree to the retention of diploma clause in their employment contract, especially in the context where the Company is considered negligent in maintaining the original diploma belonging to its workers. The research method is normative legal research with an approach to legislation. The results of this study show that in the implementation of employment contracts that include diploma retention/submission clauses, there are no explicit statutory provisions that allow or prohibit the practice. However, regarding the legal requirements of agreements in employment contracts, this is regulated by the Civil Code. Therefore, the legal vacuum regarding whether or not the withholding of diplomas can cause this practice to occur as a result of customs in the world of work, and when related to RI Law No. 39 of 1999 concerning Human Rights is contrary to the principles of human rights because it hampers workers' rights to get better jobs and improve their quality of life. In addition, in the legal protection efforts for workers who agree to the clause of withholding/submission of diplomas in their employment contracts, there are preventive and responsive legal protections. This shows that there are measures to prevent and respond to potential violations of workers' rights in the context of such clauses.

INCLUSIVE EDUCATION DURING REMOTE LEARNING

Remote teaching gained strength because of the Covid-19 pandemic and the experience of its use expanded from the training and monitoring of teachers and students regarding the use of virtual tools, culminating in the need to readapt teaching strategies. The objective of this research was to present a literature review on inclusive education in distance learning, highlighting the main methodologies used and the main difficulties encountered when carrying out inclusive education in distance learning. The search was carried out in the Google Scholar, Redalyc and Scielo databases, using the terms "remote teaching", "special education", "inclusive education" and "distance education" as descriptors. Adopting a Boolean “AND” to search for articles. Considering the period from January 2017 to 2023, in total, 15 articles were used. To analyze the selected articles, the content analysis model was used using the clipping method. Inclusive education is a global movement supported by the principles of human rights and citizenship. The movement on inclusive education gained strength in the early 1990s, based on principles of equal rights postulated in the Jomtien Declaration (1990) and the Salamanca Declaration (1994). The target audience for special education students participate in this teaching modality, that is, those with disabilities (visual, hearing, physical and intellectual), with global developmental disorders and with high abilities or giftedness. Digital technologies have proven to be an important tool for inclusive education, the use of screen readers is a clear example of this, as are activities linked to digital games. At the other extreme, the main difficulties come down to the lack of preparation of students and teachers, as well as poor infrastructure to work in inclusive education in distance learning.

Legal Review of Regional Government Authority in Land Disputes Based on the Principle of Justice

Giving value to the land occupied by a certain community of people incorrectly will result in conflict between the people themselves (horizontal conflict), or between the people who hold the rights and the authorities (vertical conflict), so that in turn the foundations of the community's life will be damaged. This especially happens on land in rural areas, which is of course different from land use in urban areas. For example, land in rural areas is used for social and economic life. Social life, such as having a family, going to school, worship, recreation, and sports are carried out in the village; while economic activities such as farming, gardening, animal husbandry, and cutting wood in the forest are executed outside the village. However, on the other hand, in urban areas, because land value is economically advantageous, land use is conducted as efficiently and effectively as possible, therefore, mixing of uses can occur. The population growth in urban areas in the last decade has been increasing. Apart from the migration flow of people from outside the city into urban areas, there is also a process of urbanization which especially affects suburban areas (fringe areas). The Preamble to the 1945 Constitution contains Pancasila (State of Belief in God), basic principles of human rights, justice ( Rule of Law), people's sovereignty (Democratic State), as well as the duties and obligations of the Government (all state institutions) to create a Welfare State which includes protecting Indonesia's bloodshed. This type of research is Normative research. The approaches used are a statutory approach and a conceptual approach. The data source used is secondary data. Data analysis was carried out descriptively qualitatively. Concluding is conducted by using a deductive method, namely concluding from general to specific, especially those related to the research topic, namely Legal Review of Regional Government Authority in Land Disputes Based on the Principle of Shared Justice. the basic values it describes. This elaboration can be carried out creatively and dynamically in new forms to embody the same spirit and within the limits permitted by these basic values. This explanation clearly must not conflict with basic values. The basic values in question are values taken from Pancasila. Law is a tool for creating justice. Justice in the law is justice that is desired for all people who live within the framework of the law itself

Human Rights and the pedagogy of fear: a reading of “In the construction to the Great Wall of China” from Kafka

The work seeks to establish a dialogue between Law, Literature, and Political Philosophy on what Giorgio Agamben calls "impolitic of exile," and which is perpetrated by the West against people who seek survival through migration, in many cases fleeing wars provoked and/or financed by the same States that deny them protection and shelter. In the Kafkanian text that serves as a paradigm for this work, the narrator, who was one of the thousands of people who worked in the Construction of the Great Wall of China, describes the reasons, circumstances, and first construction activities in which, on the one hand, the bureaucratic and unquestionable decision to carry it out, and on the other hand the justification for it, named in this text as the pedagogy of fear. Fear from who? Of the northern barbarians, identified as monstrous figures. To us, this method is a particular aspect of globalization because things that do not have personality have free transit by the frontiers; persons with fundamental human rights are prohibited from migrating and searching for a new and good life. The great contradiction: things have a price; persons, value, and according to the political philosophy of Kant, only what has value is genuinely important; things are substitutable. And this is the most contradiction of globalization: the minus value of human beings and their fundamental rights. The work is based on the transdisciplinarity methodology, characterized by dialogue between knows – in this case, International Human Rights Law, literature, and Political Philosophy - and criticism, adopting the prevalence of fundamental principles of Human Rights as a way of protecting human beings in exile.

Undermining People's Freedoms and Opinions in the Digital Era

The transition of media that conveys freedom of expression and opinion from mass media to online media has given rise to the phenomenon of cybercrime. As a result, there is weakening of freedom of expression and opinion. In fact, according to the data in 2020-2021, there were 44 cases related to freedom of expression and opinion. This paper aims to look at the impact and the reasons behind the occurrence of cyberattacks. This research is included in socio-legal research with secondary data sources. The data search process uses documentation and analysis using an interdisciplinary approach. The result is that cybercrime is carried out in the form of hacking, doxing, and cyberbullying. The impact was a violation of the principles of human rights and democracy, causing fear in the community. Crimes in the form of hacking, doxing, and cyberbullying occur because they are effective in protecting political interests and putting pressure on society, also it is difficult for perpetrators to be prosecuted legally.
 Keywords: hacking, doxing, cyberbullying

Bentham's Utilitarianism Ethical Theory and Its Application in the Triage System: A Scholarly Philosophical Paper

Background: Jeremy Bentham introduced Utilitarianism, which is one of the normative ethical theories that impose procedures that maximize happiness and well-being for all intended individuals. Utilitarianism has been applied to the crisis of global poverty, the ethics of raising animals for food, and social welfare economics. Purpose: This study aims to apply Bentham’s utilitarianism ethical theory in the triage system. Methods: In the current paper, we study the application of the concept of utilitarianism in the triage system in disasters as an example of a nursing healthcare system. Results: Utilitarianism is a practical framework for the triage system during crises and pandemics. It represents an important style of thought in modern life. Conclusion: Utilitarianism could be applied in some situations, such as pandemics and crises. However, it has some limitations related to being unable to apply some principles of human rights and social justice. Implications for Nursing: This paper underscores nurses' crucial role in navigating ethical dilemmas in the triage system, advocating for a practical framework grounded in the utilitarianism ethical theory. Nursing institutions should establish clear guidelines and provide ongoing training to equip nurses with the skills needed for effective ethical decision-making in resources care environments. Keywords: Jeremy Bentham, Utilitarianism, Triage system, Nursing, Philosophy.

Iran’s Legislative Policy in dealing with Fraud During COVID-19 Pandemic

The fear of the coronavirus has led to various types of scams related to the virus on the internet and in people’s homes, including in Iran. Scams include fraud through corona vaccine cards, fake coronavirus tests, counterfeit drugs, phishing fraud, and sites selling masks at exorbitant prices. Criminals have also been visiting homes for corona testing or disinfection, and using the pretext of livelihood loans or pre-sale advertisements of tourist tours with corona vaccine injections. As the COVID-19 virus spreads, Iran’s legislative policy has been to punish criminals to maintain the psychological safety of society. However, implementing legal principles in emergencies like this can be challenging, especially when ensuring the right to health and compliance with the basic human rights of criminals or their rehabilitation is necessary. Therefore, criminal policymakers should identify technological punishments and penal policies that are suitable for emergencies. They should create suitable grounds for achieving the goals of criminal justice in these circumstances. This article uses the descriptive-analytical method to explain Iran’s legal criminal policy towards criminals in the coronavirus era. It examines the principles of human rights and criminal principles that lead to appropriate legislative policies in upcoming events like COVID-19. The paper concludes that Iran’s legislative policy in emergencies like Corona is severe punishment of criminals to maintain the psychological safety of society. However, it also seeks to rehabilitate the criminals.

The impact of the relocation of enterprises in Ukraine and abroad on the realization of socio-economic, cultural and labour rights

The relevance of the article is determined by the fact that the consequences of the relocation of the company (enterprise) in Ukraine affect the realization of human rights and the activity of the enterprise as a whole. The purpose of the article is to study the current state of legal regulation of enterprise relocation, human rights (employee, family members, etc.). One of the main methodological techniques of research is a comparative approach. The legislation of different countries of the world, which regulates the issue of company relocation, is analysed in a comparative legal direction. The relationship between the norms of international law and the legislation of Ukraine regarding the implementation of international principles of human rights, enshrined in international legal acts, into the legal system of Ukraine, in particular regarding the relocation of the enterprise, was revealed. The practice was studied and the consequences of the relocation of the enterprise were revealed. The advantages and disadvantages of enterprise relocation are considered. Special attention is paid to the psychological consequences of the relocation of enterprises in Ukraine and abroad. The peculiarities of the impact of the relocation of enterprises on socio-economic, labour, and cultural aspects have been determined. It is noted that the value idea of “preserving their rights” is the foundation of the observance of human rights. It is emphasized that the implementation of outlined human rights must be considered in the process of strategic relocation planning. The practical significance of the study is that the conclusions and proposals formulated in the scientific article will contribute to the improvement of the mechanism of human rights protection due to the consequences of the relocation of the enterprise, the need to consider the needs of vulnerable segments of the population – employees of pre-retirement age, disabled people, children of employees. The generalization of the results of the work is designed to improve Ukrainian legislation in the field of human rights, as well as to implement into Ukrainian practice foreign norms and standards for the protection of human rights, such as socio-economic, cultural, and labour rights

Development Of Renewal In Islamic Law And Human Rights In The Modern World

Muslim countries are often trapped in a dilemma between being exclusive and maintaining the principles of Human Rights (HAM) outlined by Islam through Islamic law, or following the principles of human rights regulated internationally through the Universal Declaration of Human Rights. Islamic law and human rights must always be pursued to open wider opportunities for mutual understanding and in turn this will facilitate the achievement of progress and protection of human rights in Muslim countries. On the other hand, this dialogue is an important means for developing human rights discourse and eliminating the negative stigma towards Islamic law which is often accused of violating human rights, as well as opening up space for interpretation and study of Islamic law which continuously leads to the relevance of Islamic law in contemporary life. From an Islamic perspective, the concept of human rights is explained through the concept of maqâshid al-syarî'ah (goals of shari'ah), which has been formulated by past scholars. The aim of the shari'ah (maqâshid al-syarî'ah) is to realize the benefit (mashlahah) of mankind by protecting and realizing and protecting the things that are their necessity (dharûriyyât), as well as fulfilling the things that are their needs (hâjiyyât ) and their decoration (tahsîniyyât). For this reason, it is necessary to dialogue between human rights and Islamic law in order to reach a common understanding On the other hand, this dialogue is an important means for developing human rights discourse and eliminating the negative stigma towards Islamic law which is often accused of violating human rights, as well as opening up space for interpretation and study of Islamic law which continuously leads to the relevance of Islamic law in contemporary life.

Rabindranath Tagore and his perception regarding Human Rights and Women Empowerment

Rabindranath Tagore, a phenomenon, a name , a moulder of the thoughts of an entire nation, was an ambassador of the principles of human rights, specially in the field of women empowerment. long before many international and national instruments had been thought of Tagore in most of his creations, in his poetry, novels, plays, short stories had propagated the conception of women empowerment. Not only had he projected the wretched conditions of the women facing the worst forms of obstacles and hindrances but he also had conceived of the emancipation of women in all fields of life and has pleaded to get the women of his country. ntry educated and receive an opportunity to get themselves employed.Tagore in many of his creations has highlighted the issues of child marriage, child labour, dowry system, domestic violence, the lack of education and opportunities of employment, the horrible condition of the widows and in his later works he has portrayed some of the most bold, independent, intellectual females in many of his short stories, plays novels and dance dramas. The paper is a humble attempt in presenting Tagore's phenomenal reference to the principles of human rights specially in the field of women empowerment. It presents how Tagore through his plays, novels, short stories, paintings,his composition of music and even dance dramas and travelogue portrays various shades of the female gender and appeals to the highest ideologies of feminism. His efforts are so relevant that even in this generation of mechanical development and globalisation the impact of Rabindranath Tagore can never be forgotten. 1. Research Scholar, Department of Law, University of Burdwan Introduction :

Social Transformation of International Human Rights Law Through Indonesian Constitutional Court

The importance of human rights in international law cannot be overstated. International Law plays a fundamental role in safeguarding and promoting human rights, which are safeguarded through a variety of legal instruments, including international conventions and international declarations, both of which are recognized as instruments of international law. The fundamental principles of Human Rights are recognized in the legal system of Indonesia. These fundamental principles are expressed in the Constitution and its related legal documents through the provisions and values that govern human rights. Thus, the preamble of the Constitution of the Republic of Indonesia includes the fundamental principles of Self-determination, Independence, Security, Social Welfare, and Education. This research will look at how the Indonesian Constitution regulates and guarantees the implementation of international human rights law through the Indonesian Constitutional Court, as well as how these rights are integrated into society from both the government's and society's perspective. This research is done through interdisciplinary approach, combining legal, social, and comparative studies. Ultimately, it's about how Indonesia's Consitutional Court can help make human rights practices better and more effective. As the highest judicial organ of a state, it is essential for the Constitutional Court to effectively and effectively implement the international human rights system as we know it in order to safeguard the interests of all stakeholders, especially in Indonesia. Keywords: human right ; constitution; International law;

Principles of Human Rights (HAM) in Indonesian Sustainable Palm Oil (ISPO)

Palm oil is Indonesia's leading commodity that is able to compete in the international market. However, there are often accusations that Indonesian palm oil is unsustainable due to problems of deforestation, corruption and human rights violations against land grabbing of indigenous and local communities. So that they lose their homes and find it difficult to meet their needs because they depend on the forest. In response to this, the government has updated the ISPO regulations through Presidential Regulation Number 44 of 2020 concerning the Indonesian Sustainable Palm Oil plantation certification system. The formulation of the problem from this research is whether ISPO is in accordance with human rights principles and what is the future conception so that ISPO is more in line with human rights principles. This research is included in normative legal research using a legal and conceptual approach. Based on the research results, it is known that ISPO has complied with several human rights principles, such as universal principles and non-discrimination. ISPO principles and criteria should be adjusted to the capacity of independent smallholders, so that there is equality in efforts to increase oil palm production.

Telaah Implikasi Pembedaan Status Kepegawaian PPPK dan Pemenuhan HAM dalam Payung Hukum PPPK di Indonesia

This research is based on the presence of Government Employees with Work Agreements (PPPK) in the horizon of the civil service, who are one of the civil servants besides the State Civil Servants (PNS). PPPK holds the same position as PNS, but in terms of employment status, PPPK has a different employment status. This distinction in work status has effects on everything from the length of the employment contract to the fulfillment of human rights obligations, which are different from other civil servants as stated in the regulatory framework related to PPPK in Indonesia. This research aims to identify any regulations related to PPPK that identify status and positional differentiation, which would have negative effects on PPPK, as well as to ascertain whether Indonesian regulations or legal frameworks pertaining to PPPK are consistent with the principles of human rights. This study is a normative research using statute and conceptual approaches related to PPPK regulations, as well as the theory of legal certainty by Gustav Radbruch, and examines several legal sources. Therefore, the discussion and research results will focus more on the differences in employment status and the fulfillment of rights for PPPK within the legal framework governing PPPK in Indonesia.

TRAGEDY OF KANJURUHAN STADIUM SEEN FROM PERSPECTIVE OF HUMAN RIGHTS

The Kanjuruhan Stadium incident involves a conflict between football supporters and law enforcement, resulting in various violations of human rights. This research aims to understand the implications of the event on human rights and highlight the issues that arise in the context of security and law enforcement. The study utilizes a descriptive-analytical approach by analyzing various sources of information, including media reports, official documents, and statistical data related to the Kanjuruhan Stadium incident. Firstly, this paper identifies the human rights violations that occurred during the event, such as excessive use of violence and arbitrary arrests. The findings of this research indicate serious violations of human rights during the Kanjuruhan Stadium incident, which contravene the fundamental principles of human rights, including the right to security and protection from inhumane treatment. This paper contributes to the understanding of the importance ofupholding human rights in the context of sporting events. The research provides policy recommendations for the government, law enforcement, and other relevant parties to ensure better protection of human rights inmanaging similar situations in the future. Similarly, this study encourages the public to enhance awareness of the importance of respecting human rights and participating in promoting human rights principles in the context of sports.