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Full-Text Articles in Law

Restrictions Of The Rights Of Freedom Of Religions: Comparison Of Law Between Indonesia And Germany, A. A. A. Nanda Saraswati, Setiawan Wicaksono, Ranitya Ganindha, M. Choirul Hidayat Dec 2018

Restrictions Of The Rights Of Freedom Of Religions: Comparison Of Law Between Indonesia And Germany, A. A. A. Nanda Saraswati, Setiawan Wicaksono, Ranitya Ganindha, M. Choirul Hidayat

Indonesia Law Review

The rights of freedom of religion and beliefs are constitutionally guaranteed, both in Indonesia and Germany. However, the right of freedom of religion is not unlimited. This paper aims to identify and analyze (1) Why there is the right of freedom of religion is restricted, (2) What product of the law is that regulates restriction on the right of freedom of religion in Indonesia and Germany, and (3) What purpose do Indonesia and Germany have in restricting the right of freedom of religion? This paper uses a normative research method that references legislation and takes a historical and comparative approach. …


Women Rights Fulfillment As The Victim Of Gross Human Rights Violation: Urgency For The Sexual Violence Eradication Bill, Ani Purwanti, Rian Adhivira Prabowo Dec 2018

Women Rights Fulfillment As The Victim Of Gross Human Rights Violation: Urgency For The Sexual Violence Eradication Bill, Ani Purwanti, Rian Adhivira Prabowo

Indonesia Law Review

Heretofore in Indonesia, cases of gross violation of human rights have faced an indefinite stagnation of justice. Although the Indonesian government has ratified international human rights conventions and enacted its own system of human rights law, such laws have proven unable to fulfill the restoration of justice toward these victims in two particular aspects: convictions against the perpetrators and reparations for the victims. This article focuses on fulfilling the rights of women victims of past gross human rights violations. It will be based on normative legal research by which the existing laws are critically analyzed in order to expose the …


Refugees Resettlement: A Review Of Indonesian Laws And Practices, Arie Afriansyah, Eva Achjani Zulfa Aug 2018

Refugees Resettlement: A Review Of Indonesian Laws And Practices, Arie Afriansyah, Eva Achjani Zulfa

Indonesia Law Review

This research analyzes the legal aspects of resettlement within the context of Indonesian law. First, it discusses the laws that related to the interaction between refugees and the Indonesian people. Second, this research will discuss how Indonesia applies Indonesian national law when it comes to the treatment of refugees during their period of resettlement. Third, this research will offer a proposal in regards to the structuring of national policy in terms of how the treatment of asylum seekers that have received refugee status as they await the process of resettlement. In cohesion to these three notions, this research utilizes a …


Perlindungan Hak Asasi Anak Jalanan Dalam Bidang Pendidikan Menurut Hukum Nasional Dan Konvensi Internasional, Syamsul Haling, Paisal Halim, Syamsiah Badruddin, Hardianto Djanggih Jul 2018

Perlindungan Hak Asasi Anak Jalanan Dalam Bidang Pendidikan Menurut Hukum Nasional Dan Konvensi Internasional, Syamsul Haling, Paisal Halim, Syamsiah Badruddin, Hardianto Djanggih

Jurnal Hukum & Pembangunan

Street children however have become phenomena that demand the attention of all parties. The existence of this research raises the problem, namely, First, How the Behavior and Qualification Child Education Ham Violations Education, How Efforts and Protection of Rights of Street Children in The Field of Education. Method of Study is a juridical-normative method by examining national legislation and international conventions relating to the rights of children in the field of education. The results showe, a form of violation of the rights of street children in the field of education is an action neglected by the government and including the …


Studi Tentang Hukum Air Dan Problematika Pemenuhan Hak Asasi Manusia Atas Air Di Indonesia, Hamid Chalid Jul 2018

Studi Tentang Hukum Air Dan Problematika Pemenuhan Hak Asasi Manusia Atas Air Di Indonesia, Hamid Chalid

Jurnal Hukum & Pembangunan

This research discusses the study on water law and the problematic of fulfillment of human rights to water in Indonesia. The focus of this research is to address the rights in accessing and obtaining water, as an essential prerequisite of human’s livelihood. This research also considers a case to describe the protection of the human right to water actualized in Indonesians daily life. The outcome of this research shows that there are dire problems and challenges in fulfilling human rights to water in Indonesia. Especially when faced with the global agenda of liberalizing and privatizing water, which often contradicts with …


The Right Of Early Access To Criminal Legal Aid In Indonesia: Clear Rule, Clearer Violations, Maxwell Abbott Apr 2018

The Right Of Early Access To Criminal Legal Aid In Indonesia: Clear Rule, Clearer Violations, Maxwell Abbott

Indonesia Law Review

This article will examine the right of early access to criminal legal aid in Indonesia, both in theory and in practice. In theory, the right of early access to criminal legal aid (the Right) is clear and firmly established in Indonesian law and international law which applies to Indonesia: individuals under arrest or in detention are entitled to receive legal aid at all stages of the criminal justice process. Therefore, law enforcement may not deny or delay a suspect’s access to a lawyer during the initial procedural stages of arrest, investigation and detention. This article will argue that the Right …


Between Public And Communal Interests: A Legality Issue Forced Evictions Occuring In Jakarta, Erna Dyah Kusumawati Apr 2018

Between Public And Communal Interests: A Legality Issue Forced Evictions Occuring In Jakarta, Erna Dyah Kusumawati

Indonesia Law Review

Forced evictions are considered as a “global epidemic” since they occur in several countries regardless of the states’ development level. The private ownership issues and the development issues are examples of rationales behind forced evictions. Under the human rights regime, states are obliged to refrain from any eviction, moreover, the states are required to adopt measures preventing forced evictions from happening or provide the victims with legal mechanisms to challenge the policies if evictions occur. International law prohibits forced evictions and offers a guideline for forced eviction triggered by development. This paper will investigate the legality of forced evictions happening …