Pub Date : 2023-10-04DOI: 10.55606/birokrasi.v1i4.657
Mikyal Salsabila
Members of the TNI and POLRI as part of Indonesian citizens should have human rights, especially the political right to vote in elections. However, in reality, the right to vote for these two agencies is limited by the provisions in force in the legislation. Therefore, this research was conducted to analyze the provisions on the right to vote for members of the TNI and POLRI from a positive law and human rights perspective. This research uses normative juridical methods such as a conceptual approach, a state approach, a historical approach and an analytical approach. Based on the research results, there is a decline in democracy looking at the history of elections in 3 periods, namely the old order, the new order and the reform era. Apart from that, there is a lack of synchronization between positive legal provisions and each other which regulate human rights and political rights of Indonesian citizens
{"title":"HAK MEMILIH TNI DAN POLRI DALAM PERSPEKTIF HUKUM POSITIF DAN HAK ASASI MANUSIA","authors":"Mikyal Salsabila","doi":"10.55606/birokrasi.v1i4.657","DOIUrl":"https://doi.org/10.55606/birokrasi.v1i4.657","url":null,"abstract":"Members of the TNI and POLRI as part of Indonesian citizens should have human rights, especially the political right to vote in elections. However, in reality, the right to vote for these two agencies is limited by the provisions in force in the legislation. Therefore, this research was conducted to analyze the provisions on the right to vote for members of the TNI and POLRI from a positive law and human rights perspective. This research uses normative juridical methods such as a conceptual approach, a state approach, a historical approach and an analytical approach. Based on the research results, there is a decline in democracy looking at the history of elections in 3 periods, namely the old order, the new order and the reform era. Apart from that, there is a lack of synchronization between positive legal provisions and each other which regulate human rights and political rights of Indonesian citizens","PeriodicalId":486944,"journal":{"name":"Birokrasi JURNAL ILMU HUKUM DAN TATA NEGARA","volume":"209 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135646879","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-04DOI: 10.55606/birokrasi.v1i4.656
Salsa Amalia Azahro
Human rights become a hot world issue when their recognition becomes a commitment of every country in the world. The global community is also worried about violations of human rights which frequently occur and are becoming more massive as time goes by. Lesbian, gay, bisexual and transgender issues became increasingly hot on the lips of the public when there was news in the mass media about the ASEAN-wide LGBT meeting being held in Jakarta last July. In this article, the author uses normative juridical research methods. The author will review secondary legal materials, including laws, books, journals and literature related to the research subject, and explain them through descriptive analysis. 20th century, issues surrounding transgender identity began to emerge in various big cities in Indonesia. In the context of performing and martial arts, as well as among male communities in some ethnic groups, same-sex interactions have become common. Human Rights freedoms are supported by the Universal Declaration of Human Rights, namely liberalization of freedom of expression, especially transgender sexual behavior. Transgender issues began to emerge in several large cities in Indonesia at the beginning of the 20th century. Then it began to experience rapid development around the 1960s. Indonesia is a country that respects and upholds human rights in its constitution. The lack of clarity regarding transgender people in both the Universal Declaration of Human Rights and positive law in Indonesia is used as an opportunity for transgender people to fight for their rights
{"title":"Transgender dalam Perspektif Hukum Hak Asasi Manusia Internasional dan Hukum Positif di Indonesia","authors":"Salsa Amalia Azahro","doi":"10.55606/birokrasi.v1i4.656","DOIUrl":"https://doi.org/10.55606/birokrasi.v1i4.656","url":null,"abstract":"Human rights become a hot world issue when their recognition becomes a commitment of every country in the world. The global community is also worried about violations of human rights which frequently occur and are becoming more massive as time goes by. Lesbian, gay, bisexual and transgender issues became increasingly hot on the lips of the public when there was news in the mass media about the ASEAN-wide LGBT meeting being held in Jakarta last July. In this article, the author uses normative juridical research methods. The author will review secondary legal materials, including laws, books, journals and literature related to the research subject, and explain them through descriptive analysis. 20th century, issues surrounding transgender identity began to emerge in various big cities in Indonesia. In the context of performing and martial arts, as well as among male communities in some ethnic groups, same-sex interactions have become common. Human Rights freedoms are supported by the Universal Declaration of Human Rights, namely liberalization of freedom of expression, especially transgender sexual behavior. Transgender issues began to emerge in several large cities in Indonesia at the beginning of the 20th century. Then it began to experience rapid development around the 1960s. Indonesia is a country that respects and upholds human rights in its constitution. The lack of clarity regarding transgender people in both the Universal Declaration of Human Rights and positive law in Indonesia is used as an opportunity for transgender people to fight for their rights","PeriodicalId":486944,"journal":{"name":"Birokrasi JURNAL ILMU HUKUM DAN TATA NEGARA","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135646877","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-04DOI: 10.55606/birokrasi.v1i4.655
Alifia Qintarawati
This research aims to find out about the protection of human rights and international human rights regarding the practice of Surrogate Mother and to find evidence that there are no legal provisions that can protect the human rights of all parties involved in this practice. This type of research is normative legal research. Through a legislative approach that applies in Indonesia. The results of this research show that the practice of renting a womb violates human rights. The practice of surrogacy or womb renting cannot be implemented in Indonesia because it is considered to violate the human rights of mothers who rent out their wombs to have offspring from a valid marriage in accordance with article 28 paragraph (1) of the 1945 Constitution. Apart from that, when an agreement is made, the agreement is not recognized or considered invalid because a woman's womb is not an object of an agreement. Apart from that, the unclear status of the children born can cause defects if inbreeding occurs. These legal findings show that there are no clear legal provisions that can protect the human rights of all parties involved, including children born as a result of this practice. The legality of renting a womb in international human rights helps married couples to have children. As a form of absolute right as a human right which is also regulated in international instruments including the UDHR and CEDAW.
This research aims to find out about the protection of human rights and international human rights regarding the practice of Surrogate Mother and to find evidence that there are no legal provisions that can protect the human rights of all parties involved in this practice. This type of research is normative legal research. Through a legislative approach that applies in Indonesia. The results of this research show that the practice of renting a womb violates human rights. The practice of surrogacy or womb renting cannot be implemented in Indonesia because it is considered to violate the human rights of mothers who rent out their wombs to have offspring from a valid marriage in accordance with article 28 paragraph (1) of the 1945 Constitution. Apart from that, when an agreement is made, the agreement is not recognized or considered invalid because a woman's womb is not an object of an agreement. Apart from that, the unclear status of the children born can cause defects if inbreeding occurs. These legal findings show that there are no clear legal provisions that can protect the human rights of all parties involved, including children born as a result of this practice. The legality of renting a womb in international human rights helps married couples to have children. As a form of absolute right as a human right which is also regulated in international instruments including the UDHR and CEDAW.
{"title":"Perlindungan terhadap Ibu Pengganti (Surrogate Mother) dalam Prespektif Hukum Hak Asasi Manusia di Indonesia","authors":"Alifia Qintarawati","doi":"10.55606/birokrasi.v1i4.655","DOIUrl":"https://doi.org/10.55606/birokrasi.v1i4.655","url":null,"abstract":"This research aims to find out about the protection of human rights and international human rights regarding the practice of Surrogate Mother and to find evidence that there are no legal provisions that can protect the human rights of all parties involved in this practice. This type of research is normative legal research. Through a legislative approach that applies in Indonesia. The results of this research show that the practice of renting a womb violates human rights. The practice of surrogacy or womb renting cannot be implemented in Indonesia because it is considered to violate the human rights of mothers who rent out their wombs to have offspring from a valid marriage in accordance with article 28 paragraph (1) of the 1945 Constitution. Apart from that, when an agreement is made, the agreement is not recognized or considered invalid because a woman's womb is not an object of an agreement. Apart from that, the unclear status of the children born can cause defects if inbreeding occurs. These legal findings show that there are no clear legal provisions that can protect the human rights of all parties involved, including children born as a result of this practice. The legality of renting a womb in international human rights helps married couples to have children. As a form of absolute right as a human right which is also regulated in international instruments including the UDHR and CEDAW.
 
 This research aims to find out about the protection of human rights and international human rights regarding the practice of Surrogate Mother and to find evidence that there are no legal provisions that can protect the human rights of all parties involved in this practice. This type of research is normative legal research. Through a legislative approach that applies in Indonesia. The results of this research show that the practice of renting a womb violates human rights. The practice of surrogacy or womb renting cannot be implemented in Indonesia because it is considered to violate the human rights of mothers who rent out their wombs to have offspring from a valid marriage in accordance with article 28 paragraph (1) of the 1945 Constitution. Apart from that, when an agreement is made, the agreement is not recognized or considered invalid because a woman's womb is not an object of an agreement. Apart from that, the unclear status of the children born can cause defects if inbreeding occurs. These legal findings show that there are no clear legal provisions that can protect the human rights of all parties involved, including children born as a result of this practice. The legality of renting a womb in international human rights helps married couples to have children. As a form of absolute right as a human right which is also regulated in international instruments including the UDHR and CEDAW.","PeriodicalId":486944,"journal":{"name":"Birokrasi JURNAL ILMU HUKUM DAN TATA NEGARA","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135646878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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