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Universitas Indonesia

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Articles 931 - 941 of 941

Full-Text Articles in Human Rights Law

Abused And Alone: Legal Redress For Migrant Domestic Workers In Malaysia, Jennifer Whelan, Rohaida Nordin, Ma Kalthum Ishak, Nursyuhada Matwi Apr 2016

Abused And Alone: Legal Redress For Migrant Domestic Workers In Malaysia, Jennifer Whelan, Rohaida Nordin, Ma Kalthum Ishak, Nursyuhada Matwi

Indonesia Law Review

Malaysia’s rapid economic development has relied on Malaysian workers as well as on migrant workers, especially from ASEAN countries and South Asia. The sustained high economic growth rates in Malaysia over approximately three decades caused the increase in migrant workers, who were to meet the rising demand in certain sectors of the Malaysian labour market. The objective of the article is to identify potential opportunities for policy and legislative reform in relation to Malaysia’s implementation of its obligations as a Migrant Domestic Worker (MDW) receiving country specifically in relation to the barriers to MDW bringing claims where their rights have …

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Peasants’ Land Rights Claims Over Plantation Companies’ Sites In Central Java, Indonesia (1998-2014), Siti Rakhma Mary Herwati, Yanuar Sumarlan Apr 2016

Peasants’ Land Rights Claims Over Plantation Companies’ Sites In Central Java, Indonesia (1998-2014), Siti Rakhma Mary Herwati, Yanuar Sumarlan

Indonesia Law Review

This article reveals the opening of political and legal opportunities for the landless peasants of Central Java at the end of the 1990s to reclaim their lands that were confiscated during the end of the 1950s through a nationalization program to take over Dutch-controlled lands. Taking two sites of plantations that have been targeted as the peasantries’ land reclaiming campaign, this article shows the processes of the reclaiming, the responses of both plantation companies and state, and the respect of the state over rights to access to lands or property rights of the peasants as citizens. Using some legal and …

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Problem Hukum Regulasi Lmk & Lmkn Sebagai Pelaksanaan Undang-Undang Hak Cipta 2014, Agus Sardjono Mar 2016

Problem Hukum Regulasi Lmk & Lmkn Sebagai Pelaksanaan Undang-Undang Hak Cipta 2014, Agus Sardjono

Jurnal Hukum & Pembangunan

UUHC 2014 has been effective since October 2014. The various clauses in the law still contains potential problems, especially those related to copyright in the music, because of its multiple interpretations. The multiple interpretations conditions especially with respect to the setting of the Collective Management Organization. Regulation of the Minister of Law and Human Rights No. 29 In 2014 it adds to the potential problems due to a few mistakes LMKN arrangements concerning the formation and powers rest upon to him. The problem was quite pronounced, since an doctrinal analysis. This paper attempts to reveal the problems in question

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Should Indonesia Accede To The 1951 Refugee Convention And Its 1967 Protocol?, Dita Liliansa, Anbar Jayadi Dec 2015

Should Indonesia Accede To The 1951 Refugee Convention And Its 1967 Protocol?, Dita Liliansa, Anbar Jayadi

Indonesia Law Review

Being a non-party to the 1951 Convention relating to the Status of Refugees (“1951 Refugee Convention”) and 1967 Protocol relating to the Status of Refugees (“1967 Protocol”), Indonesia does not have legal obligations to provide permanent resettlement for asylum seeker and/or refugee. However, as a transit country for those seeking shelter in Australia, Indonesia undergoes a myriad of issues resulting from illegal entrance by asylum seeker and/or refugee. Besides having neither legal framework nor domestic mechanism to handle asylum seekers and/or refugee, Indonesia’s immigration law identifies every foreigner including asylum seeker and refugee who unlawfully enter Indonesia’s territory into the …

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Unaccompanied & Denied: Regional Legal Framework For Unaccompanied Minors Asylum Seekers (Umas), Rohaida Nordin, Jennifer Whelan, Saidatul Nadia Abd. Aziz, Meerah Deiwi Rajagopal Dec 2015

Unaccompanied & Denied: Regional Legal Framework For Unaccompanied Minors Asylum Seekers (Umas), Rohaida Nordin, Jennifer Whelan, Saidatul Nadia Abd. Aziz, Meerah Deiwi Rajagopal

Indonesia Law Review

Unaccompanied minor asylum seekers are vulnerable and thus, provided special international law protections. However, in reality, they are being mistreated as illegal immigrants and on the receiving end of ethnic violence, discrimination, restrictions in enjoyment of their rights duly recognised by international human rights law. This article identifies legislative, policy and support mechanisms which encompass the minimum UMAS guardianship standards at international law and which are evidence-based from best practice models for the provision of guardians for UMAS internationally. It presents situation of UMAS in relation to human rights violations with emphasis on the legal framework and practices in Australia …

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Efektivitas Pelaksanaan Hak Warga Binaan Perempuan Dalam Mewujudkan Tujuan Pemasyarakatan: Studi Kasus Rumah Tahanan Klas Ii A Jakarta Timur, Cassandra Nadia Arviani, Achmad Fatony, Antonius Aditantyo, Dion Valerian, Dhurandhara Try Widigda, Kezia Minar Paladina Sep 2015

Efektivitas Pelaksanaan Hak Warga Binaan Perempuan Dalam Mewujudkan Tujuan Pemasyarakatan: Studi Kasus Rumah Tahanan Klas Ii A Jakarta Timur, Cassandra Nadia Arviani, Achmad Fatony, Antonius Aditantyo, Dion Valerian, Dhurandhara Try Widigda, Kezia Minar Paladina

Jurnal Hukum & Pembangunan

The writer(s) of this article try to explain the rights of protection for the people in detention center. Many legal rules made by the state. But practicaly, the authorities in the detention center focused on the liability and responsibility of the prisoners rather then considered about their rights. So, this research group found some findings in their research site at the detention center, about the unfair treatment, discrimination, rights violation, and other mistreatment.

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The Implementation Of The Right To Education In Indonesia, Munafrizal Manan Apr 2015

The Implementation Of The Right To Education In Indonesia, Munafrizal Manan

Indonesia Law Review

This article discusses the implementation of the right to education in Indonesia. It uses human rights and historical approaches. Human rights approach is used to describe international human rights instruments on the guarantee of the right to education that is applied universally. This approach is also dealing with international human rights instrument on the right to education that has been ratified by Indonesia as well as national regulation instruments on the right to education applied in Indonesia. Historical approach highlights the role of Indonesian governments in education sector after the Independence Day, especially regarding the implementation of the right to …

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Sistem Pembinaan Luar Lembaga Bagi Narapidana Yang Merata Dan Berkeadilan Berperspektif Pada Tujuan Pemasyarakatan, Noeke Sri Wardhani, Sri Hartati, Helda Rahmasari Rahmasari Mar 2015

Sistem Pembinaan Luar Lembaga Bagi Narapidana Yang Merata Dan Berkeadilan Berperspektif Pada Tujuan Pemasyarakatan, Noeke Sri Wardhani, Sri Hartati, Helda Rahmasari Rahmasari

Jurnal Hukum & Pembangunan

The purpose of the first year research is to explain the implementation of Pembebasan Bersyarat (PB), Cuti Menjelang Bebas (CMB) and Cuti Bersyarat (CB) to indentify the obstacles of the implementation and to arrange the model concept of outside institution development for the prisoners in regard to the implementation of PB, CMB and CB that is fair, equitable and based on the perspective of correctional purpose. In the second year, the purpose of the researh is to carry out workshop in regards to socialized the model concept of outside institution development for the prisoners in regard to the implementation of …

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The Existence Of Human Rights Court As A National Effort To Eliminate The Severe Violation Of Human Rights In Indonesia, Junaedi Junaedi Aug 2014

The Existence Of Human Rights Court As A National Effort To Eliminate The Severe Violation Of Human Rights In Indonesia, Junaedi Junaedi

Indonesia Law Review

The law on human rights court has brought the new hopes for certain people have suffered because of the human rights violation happened in the past government (before the law enacted in the years of 2000). The demand of justice has been made by victims, the families of victims and other sympathetic parties by bringing those who have violated human rights in the past. The demand for justice does not only focus on human rights violations, which occurred in the past but also similar human rights violations that will occur in the future. The existence of a permanent Human Rights …

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Mainstreaming Human Rights Under National And International Law: Legal And Epistemic Question, Damilola S. Olawuyi Dec 2013

Mainstreaming Human Rights Under National And International Law: Legal And Epistemic Question, Damilola S. Olawuyi

Indonesia Law Review

Even though the concept of human rights mainstreaming is not new to public international law, it has recently gained increased recognition as a practical approach for recognizing the linkages between human rights and other social justice issues such as environmental protection. A plenitude of literature have been generated on the need to recognize and enforce human rights standards and norms in a wide range of issues including environment, health, gender, poverty, food, water and refugee protection to mention but a few. Despite the rapid ascendancy of the human rights mainstreaming concept, much attention have not been given to the scope …

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Asean’S Human Rights Body: New Breakthrough For Human Rights Protection In South East Asian Region Some Preliminary Notes From Indonesia’S Perspective, Arie Afriansyah Aug 2011

Asean’S Human Rights Body: New Breakthrough For Human Rights Protection In South East Asian Region Some Preliminary Notes From Indonesia’S Perspective, Arie Afriansyah

Indonesia Law Review

On 21 November 2007, leaders of the Association of South East Asian Nations (ASEAN) promulgated the ASEAN Charter (the Charter). Not only does it provide legal basis for ASEAN’s legal personality; it also provides new legal norms for its member states. One of those that need to be discussed is the establishment of ASEAN’s Human Rights Body (the Body). This obligation is stipulated in Article 14 of the Charter, which stresses the commitment of member nations to protect human rights. However, the establishment of the Body has faced numerous pessimistic opinions regarding the organisation’s capability to protect human rights considering …

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