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Responsibility of People’s Republic of China for Minority Based on ICERD: Uyghur Case 基于ICERD的中华人民共和国对少数民族的责任:维吾尔族案例
Pub Date : 2019-10-29 DOI: 10.31603/variajusticia.v15i2.3116
Y. Gunawan
People’s Republic of China is allegedly committed racial discrimination toward Uyghurs for the last few years. Uyghurs is one of the minority ethnics who live in Xinjiang Uyghur Autonomous Region (XUAR) China. The Chinese government builds re-education camp for Uyghurs and being detained even imprisoned without a proper legal procedure. The research aims to know the implementation of Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and the Responsibility to Protect Perspective in Uyghurs case. The study employed normative legal research with Statute Approach and Case Approach. By using qualitative descriptive method, the study elaborated on how China upholds the minority rights through the implementation of ICERD, and how the international law perspective in the context of responsibility to protect Uyghur case is. The result shows that China has not been successfully implementing ICERD toward minority groups because in practice China does racial discrimination toward Uyghurs. Also, China fails to implement the first pillar of Responsibility to Protect (R2P), where China should protect its citizen from any kind of mass atrocity crimes.
据称,在过去几年里,中华人民共和国对维吾尔人实施了种族歧视。维吾尔人是中国新疆维吾尔自治区的少数民族之一。中国政府为维吾尔人建造再教育营,在没有适当法律程序的情况下被拘留甚至监禁。本研究旨在了解《消除一切形式种族歧视公约》在维吾尔人案件中的执行情况和保护视角的责任。本研究采用规范性法律研究方法,采用规约法和案例法。本研究采用定性描述的方法,阐述了中国如何通过实施《消除一切形式种族歧视国际公约》来维护少数民族权利,以及国际法视角在维吾尔人保护责任的背景下是如何的。结果表明,由于中国在实践中对维吾尔人实行种族歧视,中国未能成功地对少数民族实施《消除一切形式种族歧视国际公约》。此外,中国未能落实保护责任的第一支柱,即中国应保护其公民免受任何形式的大规模暴行罪行的伤害。
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引用次数: 2
The Theory of Positivism and the Judges’ Social Jurisprudence in Indonesia 实证主义理论与印尼法官的社会法学
Pub Date : 2019-10-29 DOI: 10.31603/variajusticia.v15i2.3019
Arief Budiono, Lila Afrida Pebriana, Sudi Rahayu, Wafda Vivid Izziyana
Positivism is a branch of philosophy, which is a source of knowledge on positive law which is based on the Constitution applied. The positive law is made by the law-making institution. The laws which have been determined and issued must be complied with by all citizens. It is enforced and it comes with strict sanctions. Judges have a big role in enforcing the aims of the law, which are certainty and justice. Apart from holding on to the formal law (the positive law), the judges also have the capability to see the condition in the field empirically and adjust to it flexibly. Thus, judges may have more flexibility in deciding upon a case and in examining the real data to uphold justice. Such decisions may be followed by other judges, which is called jurisprudence
实证主义是哲学的一个分支,它是实证法知识的源泉,以适用的宪法为基础。成文法是由立法机构制定的。所有公民都必须遵守已经制定和颁布的法律。它是强制执行的,并伴随着严格的制裁。法官在执行法律的目标方面发挥着重要作用,这些目标是确定性和正义。法官除了把握形成法(成文法)之外,还具有经验地观察现场情况并灵活调整的能力。因此,法官在决定案件和审查真实数据以维护正义方面可能具有更大的灵活性。其他法官可以遵循这样的判决,这被称为法理学
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引用次数: 3
Special and Differential Treatment Concept After Buenos Aires Conference and Its Impact for Small Scale Fisheries in Indonesia 布宜诺斯艾利斯会议后的特殊和差别待遇概念及其对印度尼西亚小规模渔业的影响
Pub Date : 2019-10-29 DOI: 10.31603/variajusticia.v15i2.3083
Muhammad Nur, M. Susanto
The WTO Conference held in Hong Kong in 2005 agreed that subsidies must be immediately abolished by each WTO member country. But the decision was not approved by many countries, especially developing countries and less developed countries, so the concept of Special and Differential Treatment appears. The purpose of this paper is to analyze the extent of this idea's impact on the small-scale fisheries in Indonesia after the Buenos Aires Conference. a normative juridical research method is used by authors that examining library materials and other secondary materials. The author uses the data collection method by the literature study. Documents in the form of primary legal materials, secondary legal materials, and non-legal materials are used in this paper. At the Ministerial Meeting in Buenos Aires in 2017 Special and Differential Treatment Concept was discussed. The result of this study found that regarding of conclusion in the 11th Ministerial Conference in Buenos Aires, Indonesia has a chance to protect their small-scale fisheries interest to continue to provide subsidies in the field of fisheries. However, Indonesia still has a lot of work to be done to develop disciplines of fisheries subsidies within the framework of cooperation at the WTO and prevent the misuse of subsidies provided.
2005年在香港举行的世界贸易组织会议一致同意,每个世贸组织成员国必须立即取消补贴。但这一决定并没有得到很多国家的认可,特别是发展中国家和欠发达国家,因此出现了特殊和差别待遇的概念。本文的目的是分析布宜诺斯艾利斯会议后这一想法对印度尼西亚小规模渔业的影响程度。作者采用规范的法律研究方法,考察图书馆资料和其他二手资料。作者采用文献研究法收集资料。本文采用了一级法律资料、二级法律资料和非法律资料形式的文献。2017年布宜诺斯艾利斯部长级会议讨论了特殊和差别待遇概念。这项研究的结果发现,根据布宜诺斯艾利斯第11次部长级会议的结论,印度尼西亚有机会保护其小规模渔业的利益,继续在渔业领域提供补贴。但是,印度尼西亚仍有许多工作要做,以便在世贸组织的合作框架内制定渔业补贴的纪律,并防止滥用所提供的补贴。
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引用次数: 0
The Regulatory Model for Eradication Corruption in Infrastructure Funding 消除基础设施融资腐败的监管模式
Pub Date : 2019-03-26 DOI: 10.31603/variajusticia.v15i1.2421
Julyatika Fitriyaningrum, Ridwan Arifin
This study aims to identify the causes and formulate a regulatory model for the eradication of Corruption in regional infrastructure development funds in Indonesia. This research was conducted by examining cases and laws related to Corruption. Some of the causes of corruption in regional development funds are: 1)Historical Factors; 2)Economic Factors; 3)Cultural Factors and 4)Institutional Factors. Although all four factors have been identified, there are still many countries that have not succeeded in eradicating corruption. An extraordinary crime requires extraordinary effort. The Government of Indonesia needs to formulate legislative policies with those manifested in specific deviant provisions. In addition, there are four approaches that are needed, namely legal approach, moralistic-religious approach, socio-cultural approach, and educational approaches. Massive actions must also be taken in various regions to start an anti-corruption measure.
本研究旨在找出印尼区域基础设施发展基金腐败的原因,并制定一套治理模式。这项研究是通过审查与腐败有关的案件和法律来进行的。区域发展基金腐败的原因主要有:1)历史因素;2)经济因素;3)文化因素;4)制度因素。虽然所有四个因素都已确定,但仍有许多国家未能成功地消除腐败。非凡的犯罪需要非凡的努力。印度尼西亚政府需要制定立法政策,其中包括具体的偏离规定。此外,还需要四种途径,即法律途径、道德-宗教途径、社会-文化途径和教育途径。各地也必须采取大规模行动,启动反腐败措施。
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引用次数: 2
Distribution of Inheritance Based on The Principle of Justice According to National Law 基于国内法公正原则的遗产分配
Pub Date : 2019-03-26 DOI: 10.31603/variajusticia.v15i1.2416
Fransiska Novita Eleanora, A. Sari
Inheritance is an object that has been given by an heir in the form of a moving or immovable object. Distribution of inheritance often causes inheritance disputes between parties who receive an inheritance. The assets and inheritance that are disputed sometimes give harm to parties outside the heirs. The system and rules governing inheritance are very necessary for a country known for its diverse customs, one of which is Indonesia. This study aims to investigate the principle of justice in distributing inheritance based on the compilation of Islamic law (KHI). The method used in this study is library research using various literature and legislation. The results of the study show that the distribution of inheritance among the parties has not referred to the national legal system but is still based on a legal system agreed upon by the parties. They have the right and can use and choose which law to use for their inheritance. Existing laws will always provide and accommodate various forms of taste and justice created in the lives of the general public and in that case, are the same age as an inheritance under various systems and laws and that are truly trusted by the heirs.
继承是继承人以移动或不可移动物体的形式给予的物体。遗产的分配往往会引起继承人之间的继承纠纷。有争议的资产和遗产有时会对继承人之外的各方造成损害。管理遗产的制度和规则对于一个以其多样习俗而闻名的国家来说是非常必要的,印度尼西亚就是其中之一。本研究旨在探讨在伊斯兰法编纂的基础上分配遗产的公正原则。本研究采用的方法是利用各种文献和立法进行图书馆研究。研究结果表明,各当事方之间的遗产分配没有参照国家法律制度,而是仍然以各当事各方商定的法律制度为基础。他们有权利,可以使用和选择使用哪种法律进行继承。现有法律将始终提供和容纳公众生活中创造的各种形式的品味和正义,在这种情况下,根据各种制度和法律,这些法律与遗产年龄相同,并且真正受到继承人的信任。
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引用次数: 1
General Principles of Good Governance in Indonesia: What are The Legal Bases? 印度尼西亚善治的一般原则:法律依据是什么?
Pub Date : 2019-03-26 DOI: 10.31603/variajusticia.v15i1.2464
M. Zamroni
The concept of a welfare state starts from many typical countries, namely the Police State (Polizei Staat), the State of Formal Law (Liberal) and the State of Material Law (Welvaarstaat / welfare state). The Police State and the Welfare State are considered as extreme forms of legal state because the State Police is the beginning of the Law State. Welfare State is a type of legal state that is considered current. The Principles of Good Governance were born during the development of the Welfare State. This study reveals the legal basis of the General Principles of Good Governance of several regulations. The results show that the general principle of good governance is currently regulated comprehensively in regulation in Indonesia. The regulation includes 1) Act Number 28 of 1999 on State Implementation of the Clean and Free from Corruption, Collusion and Nepotism 2) Act Number 9 of 2004, concerning the Amendment to Indonesian Act Number 5 of 1986 on Administrative Courts Country 3) Act Number 25 of 2009 on Public Service 4) Act Number 30 of 2014 concerning Government Administration. As a modern country, general principles of good governance is the spirit for the implementation of the government administration of the Indonesian Republic, especially in the context of the implementation of clean governance based on expediency, justice, and legal certainty.
福利国家的概念始于许多典型的国家,即警察国家(Polizei Staat)、正式法律国家(Liberal)和物质法律国家(Welvaarstaat/福利国家)。警察国家和福利国家被视为法律国家的极端形式,因为国家警察是法律国家的开端。福利国家是一种被认为是现行的法律国家。善政原则诞生于福利国家的发展过程中。本研究揭示了《善治通则》若干规定的法律依据。结果表明,印尼目前对善治的一般原则进行了全面的监管。该条例包括1)1999年关于国家实施廉洁无腐败、共谋和裙带关系的第28号法令;2)2004年关于修订1986年关于行政法院的第5号印度尼西亚法令的第9号法令;3)2009年关于公共服务的第25号法令;4)2014年关于政府行政的第30号法令。作为一个现代国家,善治的一般原则是实施印度尼西亚共和国政府管理的精神,特别是在实施基于权宜、正义和法律确定性的廉洁治理的背景下。
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引用次数: 1
Law Enforcement of Street Vendors by the Civil Service Police Unit 公务员警察部队执法街头小贩
Pub Date : 2019-03-26 DOI: 10.31603/variajusticia.v15i1.2469
Fasa Fariza Tama, Dyah Adriantini Sintha Dewi, Habib Muhsin Syafingi
This study aims to analyze the implementation and identify the obstacles to control of street vendors (PKL) by the Civil Service Police Unit (Satpol PP) in Temanggung Regency. This research was conducted with a qualitative approach through in-depth interviews with Satpol PP Officers. Secondary data was obtained from legal materials consisting of Regulation of the Minister of Home Affairs Number 54 of 2011 concerning Operational Standards for Civil Service Police Procedure and Regional Regulation of Temanggung District Number 12 of 2011 concerning Cleanliness, Beauty, Order, and Environmental Health. The data analysis technique used in this research is descriptive qualitative. The results showed that controlling the street vendors conducted by Satpol PP was carried out through several stages, namely 1) coaching and socialization; 2) issuing warning letters, and; 3) demolition of merchant stalls. This control effort has not been able to reduce the number of street vendors who break the rules. Constraints faced in the efforts to control street vendors, among others: 1) the rules which are used as the basis for control are still general in nature; 2) there is no specific location for the existence of street vendors; 3) sanctions are regulated only in the form of criminal sanctions; 4) human resources/personnel of Satpol PP are still lacking; 5) lack of coordination across Regional Apparatuses, and; 6) public awareness (PKL) is still low. Thus, Temanggung District Regulation Number 12 of 2011 concerning Cleanliness, Beauty, Order, and Environmental Health has not been effective in generating PKL compliance with regulations.
本研究旨在分析特芒贡县公务员警察部队(Satpol PP)对街头小贩(PKL)的实施情况,并确定其控制障碍。这项研究采用了定性方法,通过对萨波尔PP官员的深入访谈进行。二级数据来自法律材料,包括内政部2011年第54号关于公务员警察程序操作标准的条例和特芒贡区2011年第12号关于清洁、美容、秩序和环境健康的地区条例。本研究中使用的数据分析技术是描述性定性的。结果表明,Satpol PP对街头小贩的控制经历了几个阶段,即1)辅导和社会化;2) 发出警告信,以及;3) 拆除商业摊位。这种控制措施未能减少违反规定的街头小贩的数量。在控制街头小贩的努力中面临的制约因素包括:1)作为控制基础的规则仍然是一般性的;2) 街头小贩的存在没有具体的位置;3) 制裁仅以刑事制裁的形式加以规范;4) Satpol PP的人力资源/人员仍然缺乏;5) 各地区机构之间缺乏协调,以及;6) 公众意识(PKL)仍然很低。因此,2011年关于清洁、美容、秩序和环境健康的第12号特芒贡地区法规未能有效促使PKL遵守相关法规。
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引用次数: 0
Regional Regulation concerning Sports Organizing: is it Necessary for Regency in Indonesia? 体育组织区域规制:印尼是否有必要实行摄政?
Pub Date : 2019-03-26 DOI: 10.31603/variajusticia.v15i1.2465
S. Suharso, Budiharto Budiharto
As regional autonomy, a Regency has an obligation to organize government affairs. In addition, it also has the option of attribution authority in accordance with the constitution. The Regional Government organizes the field of government affairs that can foster healthy human resources. One of its authorities is the provision of sports facilities. This study aims to analyze the urgency of the Regulations on Organizing Sports. This research method is Legal Research through a qualitative approach by examining regulations/laws related to the authority of regional autonomy in organizing sports facilities. The results show that the formation of a Regional Regulation on the Implementation of Sports is prepared by taking into account the rules for the formation of legislation mandated by Law Number 12 of 2011 concerning Formation of Legislation. Thus the regulations decided can be implemented and in accordance with applicable legal provisions.
作为区域自治,摄政有组织政府事务的义务。此外,根据宪法,它也有归属权力的选择。区域政府组织能够培养健康人力资源的政府事务领域。它的权力之一是提供体育设施。本研究旨在分析《体育组织条例》的紧迫性。这种研究方法是法律研究,通过定性的方法,通过审查与区域自治组织体育设施的权威有关的法规/法律。结果表明,通过考虑2011年关于立法形成的第12号法律规定的立法形成规则,制定了《体育实施区域条例》。因此,决定的条例可以按照适用的法律规定执行。
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引用次数: 0
Back Matter 14 (2) 2018 Back Matter 14(2)2018
Pub Date : 2019-02-07 DOI: 10.31603/variajusticia.v14i2.2486
C. B. E. Praja
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引用次数: 0
The Implementation of International Trademark Registration in Indonesia Post-Ratification of Madrid Protocol 《马德里议定书》批准后在印度尼西亚实施国际商标注册
Pub Date : 2018-10-29 DOI: 10.31603/VARIAJUSTICIA.V14I2.2104
Andry Setiawan, Dewi Sulistyaningsih, Leo Bernado Aglesius
In early October 2017, the Indonesian government, represented by the Directorate General of Intellectual Property of the Ministry of Justice and Human Rights, has officially ratified the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol). The ratification is contained in the Presidential Regulation No. 92 of 2017 on Ratification of Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, 1989. The Presidential Regulation shall be the legal basis of enforcement that regulates the international trademark registration in Indonesia. The concept offered through the international trademark registration system based on the Madrid Protocol is its practicality which passes only one examination, one Language, one currency and it is integrated by the International Bureau administered by WIPO without changing the sovereignty of each member country which ratifies the system. The objective of this paper is to find out how the trademark registration is implemented based on the Madrid Protocol after its ratification in Indonesia and how the system will impact. The results of this paper will be beneficial for the public so that they know the mechanism of the international trademark registration and the impact of this system
2017年10月初,以司法和人权部知识产权总局为代表的印度尼西亚政府正式批准了《关于商标国际注册的马德里协定的议定书》(《马德里议定书》)。批准书载于2017年关于批准1989年《马德里商标国际注册协定议定书》的第92号总统令。《总统条例》应为印度尼西亚国际商标注册实施的法律依据。基于《马德里议定书》的国际商标注册制度所提供的概念是其实用性,它只通过一种考试、一种语言、一种货币,并由知识产权组织管理的国际局整合,而不改变批准该制度的每个成员国的主权。本文的目的是了解《马德里议定书》在印度尼西亚批准后,商标注册是如何根据该议定书实施的,以及该制度将如何产生影响。本文的研究结果将有利于公众了解国际商标注册的机制和该制度的影响
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引用次数: 1
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Varia Justicia
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