Indonesia Conference Directory

Corresponding Author
Nurhayati Nurhayati

Institutions
Faculty of Law Hasanuddin University

Abstract
In Indonesia, abortion is a very worrying phenomenon. The debate over whether or not abortion may be carried out is also still an actual topic related to the assumption whether or not the fetus may be aborted for certain reasons and whether abortion violates human rights or not. This research aims to determine the legality of abortion for pregnancy due to rape if confronted with the right of life of the fetus in the womb of the mother in the perspective of human rights. In this case, abortion is a form of conduct classified as a crime in the Criminal Code, so that abortion is threatened with criminal, on the other hand there are exceptions in Law No. 36/2009 which legalizes abortion, especially if the abortion was carried out due to medical emergencies or pregnancy due to rape. The method used in this research is normative juridical through the concept approach and legislation approach. From the results of this study it can be concluded that abortion of pregnancy due to rape in the view of human rights cannot be justified because the right of life of the fetus is a natural right that must be protected. The legality of abortion in Article 75 paragraph 1b of Law Number 36 of 1999 concerning Health which gives space to be allowed to have an abortion on the grounds that pregnancy due to rape should be rethought, because legalizing to eliminate the life of a fetus is the same as legalizing murder.

Keywords
abortion, Rape, human rights

Topic
Human Rights

Link: https://ifory.id/abstract/z7CwJbrtyVUR

Corresponding Author
Rahayu Kojongian

Institutions
Faculty of Law Hasanuddin University

Abstract
ABSTRACT ACCOUNTABILITY REFORM POLICY CRIMINAL COMMERCIAL SEX WORKERS Rahayu Kojongian ”, Hamzah Halim, Slamet Sampurno, Iin Karita Sakharina Faculty of Law, Hasanuddin University, Indonesia * E-mail correspondent writer ayoekojo@gmail.com The rise of prostitution as if it does not have a deterrent effect on the perpetrators, the Criminal Code can only be used to ensnare pimps / pimps / providers of commercial sex workers. whereas Articles which can be used to ensnare commercial sex workers are regulated in their respective regional regulations. Based on the principle of lex superior derogat legi inferior, of course the regulation prohibiting prostitution cannot be enforced because it contradicts the Criminal Procedure Code as a higher law. The existence of prostitution has lowered ones dignity as a civilized human being. Disputes between prostitution activities with moral values, religion, and culture certainly become philosophical and sociological issues in building an ethical, cultured, and civilized society. This study uses a social-juridical approach. This type of research is adapted to the formulation of the problem under study, namely 1. What is the Reformulation Policy on Criminal Liability for Commercial Sex Workers? 2. What Constraints Are Faced In Providing Sanctions As A Form Of Criminal Liability For Commercial Sex Workers? 3. What is the Effort to Overcome Obstacles to Criminal Liability for Commercial Sex Workers? Conclusions 1. In the process of providing sanctions to prostitutes, law enforcement officials have complied with applicable regulations. its just that we need to reformulate criminal responsibility aimed at commercial sex workers too.2. There are no rules that explicitly prohibit the practice of prostitution. 3. efforts taken for commercial sex workers are only by rehabilitation keywords: Prostitution, Cyber, Criminal Law Reform

Keywords
Prostitution, Cyber, Penal Law Reform

Topic
Human Rights

Link: https://ifory.id/abstract/JVFBMfUcbKEG

Corresponding Author
Kadarudin Kadarudin

Institutions
Hasanuddin University

Abstract
Approval of Informed Consent based on available data was found as much as 80 percent of the 300 cases examined at MKDKI (Indonesian Medical Disciplinary Honorary Council) found in the implementation of Informed Consent was incomplete, it is not clear if information is provided before informed consent is carried out and there are some Informed Consent agreements signed by people who have no competence or authority. What are the consequences that can arise with the approval of the informed consent? and what are the legal consequences?. This paper is an empirical study based on field data and then carried out a qualitative analysis and is supported by a statute approach, conceptual approach and medical law (medicolegal approach). The results found that informed consent was incomplete, unclear and not signed by those who did not have competence or authority, because doctors are too busy with other work so do not have time to meet face to face with patients or the patients family, doctors do not have enough knowledge or understanding of the law, the importance of medical approval from the legal aspect, and there are still doctors who think that the patient or family the patient does not have knowledge of medical science so there is no need to get an explanation or information about the medical action as a result there can be a legal defect or illegal actions

Keywords
informed consent, Indonesia, approval

Topic
Human Rights

Link: https://ifory.id/abstract/v2WukQpZFr6b

Corresponding Author
Galang Taufani

Institutions
Galang Taufani
Programme Doctor, Faculty of Law, Diponegoro University
taufanigalang[at]gmail.com

Shallman
Faculty of Law muhammadiyah Surakarta university

Abstract
Article 28 of the 1945 Constitution of the Republic of Indonesia (NRI Constitution provides a guarantee or guarantee of how every Indonesian citizen has the right to express his opinion. Furthermore, the granting of freedom to express an opinion is a limited aspect, as stated in Article 28J of the 1945 Constitution. Incorrect aspects The limitation used in this restriction is moral, what is moral, how is moral the basis of the limitation in expressing opinions in public? This paper tries to explore the political aspects of law as well as the challenges to blasphemy or the categories of opinion included in blasphemy.

Keywords
Balsphemy, moral considerations, and restrictions on human rights

Topic
Human Rights

Link: https://ifory.id/abstract/avAJDwcEyhZr

Corresponding Author
Hijrah Adhyanti Mirzana

Institutions
Law Faculty of Hasanuddin University

Abstract
This paper is intended to study the legality of criminal defamation as the restriction of Freedom of Expression. This paper is a legal writing therefore is normative. The Result of this writing is that every human right has the same position so that if there is a conflict between human rights, then the two rights are not mutually eliminating but supporting and limiting. Therefore, in order to balance, the protection of honor and reputation is a restriction to freedom of expression. Criminal defamation is a legal restriction to freedom of expression because it is manifestation from the protection of honor and reputation.

Keywords
criminal defamation, freedom of expression, protection of honor and reputation

Topic
Human Rights

Link: https://ifory.id/abstract/edyGLEvTnJ29

Corresponding Author
Antonius Sudirman

Institutions
Dr. Antonius Sudirman, S.H., M.Hum., Faculty of Law Atmajaya Makassar University
Dr. Winner Sitorus, S.H., M.H., LLM., Faculty of Law Hasanuddin University

Abstract
Issues discussed in this paper: (1) What is the perspective of criminal law regarding criminal sanctions of "chemical castration" against perpetrators of sexual violence against children? (2) What is the perspective of human rights regarding "chemical castration" criminal sanctions? (3) Are there juridical problems in implementing "castration" chemical sanctions? Data collection techniques in the form of study documents. Data were analyzed using qualitative descriptive analysis. The results of the discussion: first, the inclusion of "chemical castration" criminal sanctions in the law is intended as retaliation to perpetrators of sexual crimes against children. In the Indonesian context the sanctions are seen as incompatible with criminal objectives as a means of protecting the community. Second, the provisions of the criminal sanction of "chemical castration" violating human rights, namely the right not to be tortured or treated inhumanely [vide Article 28G paragraph (2) of the Constitution of the Republic of Indonesia (UUD 1945)]. In Article 28I of the 1945 Constitution, the right not to be tortured is classified as a right that cannot be reduced under any circumstances. Third, criminal sanctions "castration chemistry" have difficulty in its implementation, because the Indonesian Doctors Association refused as executor of punishment "castration chemical" which is considered very contrary to medical ethics.

Keywords
Criminal Law; Human Rights; Criminal Sanction; Chemical Castration.

Topic
Human Rights

Link: https://ifory.id/abstract/2y9zP4EfbX76

Corresponding Author
Birkah Latif

Institutions
Faculty of Law Hasanuddin University

Abstract
The state as a policyholder plays an important role in the development of its welfare and economy. One of the natural resources owned by the state besides oil and gas is the maritime sector. Maritime is predicted as a contributor to human life, which affects many joints of life. Improper management can lead to loss of economic potential and even cause environmental damage. For this reason, it is necessary to study more deeply the development and proper handling of the maritime environment and its habitat in the development of a country.

Keywords
trade, environment, maritime, human right.

Topic
Human Rights

Link: https://ifory.id/abstract/Ejpxnm9BGdKt

Corresponding Author
Fayreizha Destika Putri

Institutions
a) Faculty of Law, Diponegoro University Semarang, Jalan Imam Bardjo Nomor 1, Pleburan Jawa Tengah, Indonesia
*pdih.undip[at]gmail.com; imam.subandi[at]jclec.com; fayreizhadp[at]gmail.com
b) Driyarkarya School of Philosophy, Central Jakarta, Komplek Cempaka Putih Indah Nomor 100A, Cempaka Putih Barat, Kota Jakarta Pusat, Daerah Khusus Ibukota Jakarta 10520

Abstract
This paper aims to discuss law enforcement efforts in combating terrorism but still in the context of respect for human rights by the Indonesian National Police. This paper uses a normative juridical approach, in which the primary material used is Law Number 5 Year 2018 Concerning Eradication of Terrorism, then also using secondary legal materials in this case is by interviewing one of the former perpetrators of terrorism and one of the officers police who have been or are accustomed to making forced efforts in the context of law enforcement. The study will focus on how to use lawful efforts and how the practice in the field relates to issues of forced effort and at the same time respect for human rights.

Keywords
Forced Efforts, Law Enforcement, Terrorism, Human Rights

Topic
Human Rights

Link: https://ifory.id/abstract/rFBXd3UG6Wq7

Corresponding Author
Imam Subandi

Institutions
a. Faculty of Law Diponegoro University
Jalan Prof. Soedarto, Tembalang, Kec. Tembalang, Kota
Semarang, Jawa Tengah 50275
b. Driyarkara Philosophy School Jakarta
Jalan Komplek Cempaka Putih Indah No.100A,
RT.1/RW.7, Cempaka Putih Barat, Kec. Cempaka
Putih, Kota Jakarta Pusat, Daerah Khusus Ibukota
Jakarta 10520
c. School of Strategic and Global Studies University of
Indonesia
Jalan Salemba Raya No.4, RW.5, Kenari, Kec. Senen,
Kota Jakarta Pusat, Daerah Khusus Ibukota Jakarta
10430

Abstract
This paper aims at discussing the legal as well as the human rights impact on the use of force and fire arms by law enforcement officers in the even of combating terrorism, case study of the Indonesian National Police Counter Terrorism Special Detachment 88 (Densus 88 AT Polri). The discussion focuses on the nature of the use of force as well as the use of lethal firearms by law enforcement officers made possible by international legislation and provisions on human rights. Is it possible that the use of force and lethal weapons is still in line with respecting and upholding human rights? How does the states accountability in the event of use a force by law enforcement officers? How is the validity of the use of deadly forces in the event of arrest or raids conducted by police? Is it true that human rights are always contrary to police duties?

Keywords
Human Rights, Use of Force, Terrorism and Human Rights

Topic
Human Rights

Link: https://ifory.id/abstract/BLwVve6XqDpY

Corresponding Author
Hikmatul Ula

Institutions
Faculty of Law Universitas Brawijaya

Abstract
This article examines about efforts to realize the principle of corporate responsibility to respect human rights by conducting Human Rights Audit. Human rights audits of corporations are not very popular in Indonesia, this is because there is no regulation on the obligation to conduct human rights audits for corporations. Even so, the obligation to comply with human rights has spread in several sectoral laws and regulations. This article further explains about the opportunities and challenges for conducting HR Audits in corporations, as well as how the audit should be explained. To implement a human rights audit it is necessary to take a number of concrete steps, first to include the obligation to ham audit into the law, in this case Law of Corporation. Obligations for human rights audits are equated with financial audit obligations or with the obligation to carry out social responsibilities in the Law of Corporation. Second, human rights audit mechanisms can adopt existing instruments in international law, for example those in the UN Global Compact, UNGP on Business and Human Rights, etc. The three approaches to related stakeholders are local government, corporations and the public about the importance of respecting human rights for business activities.

Keywords
human rights audit, human rights and business, business ethic, multy national corporation

Topic
Human Rights

Link: https://ifory.id/abstract/zetkjEpZLAKP

Corresponding Author
Flora Pricilla Kalalo

Institutions
a) Faculty of Law, Sam Ratulangi University
Jalan Kampus Bahu UNSRAT, Manado 95115, Indonesia
flora.kalalo[at]unsrat.ac.id
b) Faculty of Law, Sam Ratulangi University
Jalan Kampus Bahu UNSRAT, Manado 95115, Indonesia
fhukum[at]unsrat.ac.id
c) Faculty of Law, Sam Ratulangi University
Jalan Kampus Bahu UNSRAT, Manado 95115, Indonesia
fhukum[at]unsrat.ac.id

Abstract
The purpose of this study is to understand how human rights in the 4.0 Industrial Revolution era, which is with the qualitative research methods concluded that the emphasis on human rights has gone through a period of dealing with arbitrary rulers, facing poverty and underdevelopment and now facing the controlling from machines. The concerning over machine control began when Deep Blue, a computer system, even though in the first chess match in 1996 against chess world champion Garry Kasparov could defeated, but after being upgraded in the second match in 1997 Deep Blue could defeat Garry Kasparov. The 4.0 Industrial Revolution which emphasizes the ability of machines to do work and improve themselves raises the possibility of human exclusion so it needs human rights aspects to protect people from the controlling by machines like humans are not one of the industrial factors, things about humans should not be decided by machines, morals remains a determining factor in the 4.0 industrial revolution.

Keywords
Human Rights; 4.0 Industrial Revolution

Topic
Human Rights

Link: https://ifory.id/abstract/GaqpdeCLkgxK

Corresponding Author
Ratnawati Ratnawati

Institutions
Faculty of Law, Hasanuddin University

Abstract
Serial killers is a very troubling and harming many people becauses one-s life does not mean anything in front of the perpetrator, in fact, life is basic right for everyone. One of the most famous serial killer cases is Jack The Ripper case who has taken 440 people-s live. This incident can be influenced by various factor which come from external or internal factors from the inside. The problem aspect will be explore in this paper is what is the factors a person committed a crime?. This research is a socio-legal using statute and case approach, data collected then will analyzed qualitatively. The result of the research show that is enviromental factor and mental is two dominant its afecting someone to doing a serial killers

Keywords
Crime, Law Enforcement, Serial Killers

Topic
Human Rights

Link: https://ifory.id/abstract/rULmTe8VY4Q9

Corresponding Author
Novendri Mohamad Nggilu

Institutions
Fakultas Hukum Universitas Negeri Gorontalo

Abstract
The Criminal Procedure Code clearly states that the storage of state confiscated objects is stored in a state confiscated storage house. This provision is then derived into a number of implementing regulations and policies, one of which is a government regulation regarding the implementation of the criminal procedure code which confirms that in State Foreclosure Home Storage Objects (RUPBASAN) must be stored for evidence at the level of investigation, prosecution and examination in trial a court including booty based on the judges decision. This paper wants to answer the problem; 1) how is the management of state confiscated objects in Gorontalo Province, as well as how the management of state confiscated objects in the disruption era 4.0. The method used in this paper is a type of normative research with a statute approach, a case approach and a conceptual approach, with prescriptive analysis techniques. The results of the study found that the existence of State Foreclosure Home Storage Objects (RUPBASAN) which only contained 1 (one) in Gorontalo Province was still not in accordance with the mandate of the Ministerial regulation on Law and Human Rights which mandated RUPBASAN in each district/ city, even though there was a lot of evidence that had to be kept for the sake of law enforcement in Gorontalo. This condition causes many confiscated state objects kept by law enforcement agencies such as Gorontalo Regional Police, police stations and prosecutors both state and high prosecutors. A management system of state confiscated objects is needed, so that the state confiscated objects can be managed properly and will be able to maintain the quality of state confiscated objects. Evidence management system in the disruption era 4.0 that must be built is to utilize an integrated website-based system, called the Evidence Management System (SABUK) which the user of this system is RUPBASAN, which is to be leading sector and authority holder in managing evidence and being integrated with an inventory, storage and management of state confiscated objects in every law enforcement agency that stores state confiscated objects for the purpose of investigation, prosecution and examination in court.

Keywords
Management system; State Confiscated Objects; Disruption 4.0

Topic
Human Rights

Link: https://ifory.id/abstract/jm9d7h4gwXzD

Corresponding Author
Nurul Miqat

Institutions
Fakultas Hukum Unhas

Abstract
In Indonesia Marriage Law is accomodated into Law No. 1 of 1974 Concerning marriage, All Provisions concerning marriage shall be governed there in, the en actment of such provision, resulting in any provisions concerning marriage which have been imposed by some previous laws, shall be deemed invalid , in accordance with the lex posterior legi priori principle, no exception , concerning property of husband and wife in the matter of wealth management, marriage law provides space for marriage couple to make an agreement an allotment of marriage property, has been determined by law of marriage 1974 that. Every prospective bride , will be marriage men and women are allowed to make a marriage agreement, before the marriage or at the time on going branding, the vardict of the Constitutional Court No 69 PUU/XIII/2015 make a new decition by giving more space to the married couple. That marriage agreement can be made in marriage. This reserach is normative juridical reserach which is legal research conducted by examining library materials, secondary data asa basic material to be investigated by searching the regulations and literature relating to the problem under study

Keywords
Marriage agreement, human rights

Topic
Human Rights

Link: https://ifory.id/abstract/GzJLbBrCHnA7

Corresponding Author
Eka Merdekawati Djafar

Institutions
Faculty of Law Hasanuddin University

Abstract
Abstract. With regard to the right to an education for each citizen as regulated in the article 31 section (1) of the 1945 Constitution of the Republic of Indonesia, it is the state responsibility to provide educational access for the citizen. Education is the accurate facility for improving the quality of human resources and promoting appropriate and critical mindset in addressing the issues within the local, national and transnational life. 20% of National Budgetary Plan is allocated to educational sector. However, this effort is still unable to solve the Indonesian educational issues. This study employed a qualitative method. The data were collected through in-depth structured interview, legal education program and documentation. The collected data were analyzed with descriptive qualitative analysis. The results showed that there were several influencing factors promoting the large number of out-of-school children in Kampung Paropo, Makassar including low financial capacity and lack of parental care which consequently, contributed to the increasing criminality such as violent robbery, thievery, and drug abuse among the out-of-school children. Therefore, it is necessary to provide accurate effort in anticipating the increasing criminality among the out-of-school children and in encouraging their legal awareness. Non-formal legal education was to be an accurate strategy in raising legal awareness and in instilling moral values among the out-of-school children in Kampung Paropo, Makassar.

Keywords
Legal Awareness Raising, Legal Education, Out-of-School Children, Non-Formal Education.

Topic
Human Rights

Link: https://ifory.id/abstract/qRDLChj9bPvB

Corresponding Author
Mutiah Wenda Juniar

Institutions
Universitas Hasanuddin

Abstract
This research aims to find out the exclusions and disadvantages experienced by people with disability in developed and developing countries and to find out whether the obligation of CRPD related to right to work and employment are unrealistically high, lacking in clarity and unlikely to drive helpful reform. This research evaluated whether developed and developing countries are in the same position where person with disabilities in those two different worlds still experience exclusion and disadvantages and whether the requirements in CRPD to states parties in ensuring the right to work and employment are unrealistically high, lacking in clarity and unlikely to drive helpful reform. In order to obtain the result, the author used literature research method which analyse literatures, regulations and other documents related to the research. This research shows that it is true disabled person both in developed and developing countries still experience disadvantages and exclusion. Mostly, the disadvantages and exclusion that exist in both two different worlds are the lack of regulation about reasonable accommodation, dismissal and discrimination to certain type of disabilities. The obligation to ensure the right to employment and work might be quite complex but not unrealistically high. The unclear provision of reasonable accommodation in CRPD is true but does not mean all the demands regarding employment and work are unclear and does not drives a helpful reform

Keywords
Right to work and employment, People with Disability, Exclusion and Disadvantages

Topic
Human Rights

Link: https://ifory.id/abstract/Ht3E2GvzKAj9

Corresponding Author
Susi Susilawati

Institutions
UNTAD = Universitas Tadulako

Abstract
The word sexuality here is meant as the right to have consensual sexual relations. This right is a part of human rights. Its a one part of the Sexual and Health Reproduction Rights (SHRR). However, the defenition of consensual sexual rights here includes both marital and non-marital sexual fulfillment. For marital sexual fulfillment, there are relatively no significant problems. But not like that with the other one. This contains serious controversy and big problem. Especially in the perspective of religion sights. Caused by diametral. Mainly Islam and Christianity. This is a very serious matter. Because will confront the absolute and universal human rights concept vis a vis religion which by its adherents is also accepted as an absolute and universal doctrine. Efforts to reconcile these two perspectives are very important. However difficult and controversial to do it. This paper will attempt to analyze, discover and present new interpretations on Islamic Perspective that more compatible and relevan to the Human right principles particularly concerning with the Sexuality Consensual Rights.

Keywords
Sexuality, The Human Rights and Islamic Consept

Topic
Human Rights

Link: https://ifory.id/abstract/FaGPQ4xJpA8k

Corresponding Author
Flora Pricilla Kalalo

Institutions
Faculty of Hukum Sam Ratulangi University

Abstract
Food safety is the most of the main basic human needs and its fulfillment is human rights as a commitment of International Covenant on Economic, Social and Cultural Rights the part of Fundamentals of Human Rights and The Universal Declaration of Human Rights. Food safety is a element to supporting the society health have an important role for the development of the country. In developing countries economy and education of the citizens not equivalent with the developed countries, food security is neglected. From the economic side, traditional markets in developing countries is very popular, to be a driving force for economic growth and it also facination for the society in developing country, on the other hand the traditional markets have an important in providing safe food. The suplay chain of safe food influence by the existence of businesses, begin from producer of fresh food up to the seller and personnel of management traditional markets. The research method used is legal research using a statutory and conceptual approach. The society as a consumer entitled to have safe food as one of the four main consumer rights in consuming food (goods). Considering the magnitude of the dependence of the society towards the traditional markets to have fresh food, the control of traditional markets management is very urgent to do.

Keywords
State responsibility, food safety, traditional markets, consumer rights.

Topic
Human Rights

Link: https://ifory.id/abstract/CdKtHEwVamjY

Corresponding Author
Anti Mayastuti

Institutions
a) Lector in Department of Law and Society, Faculty of Law, Sebelas Maret University, Indonesia. *antimayastuti[at]staff.uns.ac.id;
b) Undergraduate Student in the Faculty of Law, Sebelas Maret University, Indonesia

Abstract
As technology advanced and rapid globalization entering Indonesia, the issue of indigenous people which often dubbed as outdated become increasingly neglected and overlooked. Even though formally juridical recognition of indigenous people existence along with their rights have been listed in various sectoral laws, in reality indigenous people still remain becoming a marginalized group in every decision making, both made by state or other stakeholders. This condition causes a lot of the indigenous people to live with the burden of prolonged discrimination, and isolated from access to their own land with its abundant natural resources. Often time, indigenous people are even alienated from their own cultural, economic and religious systems. The conditions mentioned above have actually shown that violations of indigenous people rights occur in almost all fields, including the human rights field. In the perspective of human rights, states recognition and acknowledgement of indigenous people existence and their inherent rights, means that state is obliged to guarantee and fulfill civil political, economic and cultural rights of indigenous people. State responsibility does not merely lie in the formulation of human rights in the constitution and sectoral laws, but also oversees and supervises its implementation. The fact that violations of indigenous people rights still occurring to this day, shows that state is still negligent in carrying out its obligations as the highest entity of human rights protector.

Keywords
State Responsibility; Indigenous People Rights; Human Rights

Topic
Human Rights

Link: https://ifory.id/abstract/p83gLUDFYxyM

Corresponding Author
Mas Rahmah

Institutions
Faculty of Law, Universitas Airlangga
Jalan Darmawangsa Dalam Selatan Surabaya 60286

Abstract
The exclusive right of Patent on medicines provides legalized monopolies for the holders that allows them to control and drive up the price of patented medicines. Evidently, this situation has blocked poor people access to essential medicines contributing to public health problems. This paper highlights that conflict between the effect of patent right and public access to medicines has raised pressing questions about the importance of convergence of patent rights and the right to public health. The paper also acknowledges the challenges of improving access to patented medicines in the era of industrial revolution 4.0. To address these problems, this paper has objective to formulate the scheme of converging the patent right and patient right, particularly for improving access to patented medicines. To ensure the right to public health, this paper suggests the alternative schemes of revitalizing TRIPS (Trade Related Aspects of Intellectual Property Rights) flexibilities such as compulsory licensing and parallel importation and other mechanism of balancing patent rights. The result of this study also recommends that the charity philanthropic donations of medicines and financial aids should be accompanied by other practical mechanisms such as building health capacity, technology transfer, public-private partnership, discounted drug or differential pricing, in order to ensure medicines available and accessible to those in need.

Keywords
patent, exclusive right, right to health, public health, patented medicines

Topic
Human Rights

Link: https://ifory.id/abstract/nVXrWjbZJEHw

Corresponding Author
Amaliyah Amaliyah

Institutions
Faculty of Law, Hasanuddin University

Abstract
Normatively juridical, Indonesia only recognized the six religions, namely Islam, Christianity, Catholicism, Hinduism, Buddhism and Confucianism. For the sake of administrative interests, belief adherents are forced to fill in other religious columns in their Identity Card (KTP) and Family Card (KK). Aluk Todolo is one of the faiths that is under the auspices of other religions. Based on this case, the Constitutional Court acknowledged the existence of flow of trust as a faith through Decision No.97/PUU-XIV/2016, which resulted into the addition of a column of faith in ID Card (KTP) and Family Card (KK). However, it still inflicts some problems in the level of implementation. The aim of this study was to examine the population and social status of the Aluk Todolo belief adherent and to increase the efforts for legal protection of the Aluk Todolo belief adherent in Tana Toraja Regency. This study used a type of qualitative and socio-legal research with data collection techniques through indepth interviews, focus groups discussion, observation, and documentation. The results of this study socially indicate that, the negative stigma of the general public towards Aluk Todolo has been reduced considering that is guided under Hinduism. Moreover, it still becomes a problem because both faith are clearly different. In addition, the recognition towards the flow of faith in population administration has not been maximally realized due to the fact that Identity Card (KTP) only wrote "Trust in Almighty God". Based on this case, the authors conclude that the proper legal protection against the flow of faith in Indonesia, especially Aluk Todolo, to every legal instrument (statutory regulation) that includes religious phrases needs to be juxtaposed with the flow phrase of faith.

Keywords
The flow of faith, Population Administration, Aluk Todolo

Topic
Human Rights

Link: https://ifory.id/abstract/u2G7UgPVZh3H

Corresponding Author
Muhammad Nur

Institutions
Universitas Ahmad Dahlan

Abstract
The profession as a crew of a fishing vessel is included in certain work that requires special arrangements. But, this special arrangement has not been made by the Ministry of Manpower as the mandate bearer. The absence of these technical regulations has resulted in the fate of vessels crew on various foreign fishing vessels abroad becoming very vulnerable to various violations and exploitation. One thing that is very difficult for the government to do is in terms of supervision of the fulfillment of fishing vessels crew-s human rights. The nature of work as a fishing vessels crew that even crosses the territorial boundaries of a country, and is classified as dangerous compared to other jobs. The author uses normative juridical research methods. The data collection method used is the literature study. The tools used are documents in the form of primary legal materials, secondary legal materials, and non-legal materials. The data obtained were then analyzed qualitatively then presented descriptively. This paper found that various cases of violations that have been and continue to occur become evidence of the weak existence of the state in the protection and supervision of Indonesian fishing vessels crews abroad. The government does not yet have an integrated supervision model to conduct periodic monitoring of the fulfillment of human rights for its citizens who work on fishing vessels abroad.

Keywords
State, Supervision, Human Rights, Fishing Vessel Crew

Topic
Human Rights

Link: https://ifory.id/abstract/ybPtTcpvB3D9

Corresponding Author
Iin Karita Sakharina

Institutions
Faculty of Law, Hasanuddin University

Abstract
The quality of human life is determined by how well his life, the more prosperous his life, the quality of life he has tends to also increase, although this is not absolute, the general principle is used by several institutions to determine one indicator of the quality of human life. The smaller access and ability to control the resources in the environment are usually influenced by geographical factors, so that infrastructure is an absolute thing that needs to be addressed first by the government, both the central government and provincial governments, city/regency governments in accordance with their respective authorities. Looking at the comparison in the 2 Big Cities, namely the Administrative City of West Jakarta and Makassar City have different characteristics. The issue that will be discussed in this paper is what rights are regulated in the ICESCR related to the poor community of the city? and how is the national policy in poverty alleviation?. This research is a normative legal research, using a statutory approach and a comparative approach. The collected data was analyzed qualitatively, then described to answer the problems in this study. The results showed that the 5 rights that are entitled to the poor community of the city from the government as a form of implementation of the fulfillment of the ICESCR by the state. These rights are (1) the right to social security, (2) the right to an adequate standard of living, (3) the right to adequate food, (4) the right to settlement, and (5) the right to be free from hunger. The number and percentage of poor people and poor people nationally show that South Sulawesi ranks 13th, while DKI Jakarta is 33th out of 34 Provinces

Keywords
fulfillment, ICESCR, the poor community rights of the city

Topic
Human Rights

Link: https://ifory.id/abstract/kuF9xEdbwNLp

Corresponding Author
Nam Rumkel

Institutions
Faculty of Law, Khairun University

Abstract
Article 28 H paragraph (1) of the 1945 Constitution of the Republic of Indonesia mandates that "everyone has the right to obtain health services". In another article in the 1945 Constitution of the Republic of Indonesia, in particular Article 34 paragraph (3) also mandates that "the state is responsible for the provision of adequate health service facilities and public service facilities". Seeing the condition of health facilities and services in the City of Tidore Kepulauan which is very worrying is a separate issue at the level of implementation, because the right of access to health facilities and services should be the main because this is part of the basic rights and concerns the lives of many people, because of the seriousness of the country by ratifying the International Covenant on Economic, Social and Cultural Rights is a must starting point for the state in improving citizens health facilities and services. ICESCR implementation related to the fulfillment of health facilities and health services in the City of Tidore Kepulauan has fulfilled the principles of availability, accessibility, acceptance, and quality in the right to health as part of human rights

Keywords
health facilities, health services, ICESCR, implementation

Topic
Human Rights

Link: https://ifory.id/abstract/2KAb6cHdpE4a

Corresponding Author
Kadarudin Kadarudin

Institutions
Faculty of Law, Hasanuddin University

Abstract
Some Indonesian and international people certainly know about the shooting incidents that took place in Yigi District, Nduga Regency, Papua Province, Indonesia, on Monday, December 3, 2018. Shooting incident allegedly carried out by the West Papua National Liberation Army led by Egianus Kogoya, the military wing of the Free Papua Organization (OPM) labeled as the Armed Criminal Group responsible for the event. The incident ignited the spirit of the OPM to re-ignite the fire of struggle to part with the Unitary State of the Republic of Indonesia. But like two sides of a coin, on the one hand, OPM knows that the incident can make them appear to exist both domestically, Southeast Asia, to the corners of the world. To part with the parent country, at least the Montevideo Convention on the Rights and Duties of States of 1933 must be the main reference, and it will be difficult because the elements in Article 1 alone they (OPM) have been unable to fulfill, the proof is that until now the OPM has not been included in the Non-Self-Governing Territory category in accordance with the rules of the United Nations Charter.

Keywords
Indonesias Sovereignty Intervention, International Law, Vanuatu

Topic
Human Rights

Link: https://ifory.id/abstract/3RDY8dAeEZWk