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IMPLEMENTATION OF THE RIGHT TO OBTAIN LEGAL ASSISTANCE FOR POOR CITIZENS AT THE INVESTIGATION STAGE 落实贫困公民在侦查阶段获得法律援助的权利
Pub Date : 2023-03-27 DOI: 10.25041/cepalo.v7no1.2833
Oktri Sasmita Yudha
Legal Aid is a right owned by a suspect/defendant to assist the suspect/defendant at various stages of the ongoing trial process. Investigators at this stage of the investigation process are required to give suspects the right to be accompanied by legal advisers regardless of the economic status of the suspect so that during the investigation process, the suspect becomes a subject and not an object and is treated equally before the law without discriminating between economic status. The problem in this article is implementing the right to legal Aid for the poor at the investigation stage and what funds are the inhibiting factors in implementing the right to legal Aid for the poor at the investigation stage. The method used in this study uses an empirical normative method with a statute approach. The results and discussion in this study indicate that several efforts are needed to increase effectiveness, including throwing the quality of advocate human resources, signing a joint commitment/agreement between law enforcement officials regarding the implementation of the provision of legal Aid, giving strict rewards and punishments to Legal Aid Organizations.
法律援助是疑犯/被告人享有的一项权利,可在审讯过程的不同阶段协助疑犯/被告人。在调查过程的这一阶段,要求调查人员不论犯罪嫌疑人的经济状况如何,都给予犯罪嫌疑人由法律顾问陪同的权利,以便在调查过程中,犯罪嫌疑人成为主体而不是客体,在法律面前得到平等对待,不受经济状况的歧视。本文研究的问题是贫困人口法律援助权利在侦查阶段的落实,以及哪些资金是制约贫困人口法律援助权利在侦查阶段落实的因素。在本研究中使用的方法是一个实证规范的方法与法规的做法。本研究的结果和讨论表明,提高法律援助的有效性需要做出几方面的努力,包括提高律师人力资源的质量,在执法官员之间签署关于实施法律援助提供的联合承诺/协议,对法律援助组织进行严格的奖惩。
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引用次数: 0
THE AUDIT AUTHORITY THE STATE AUDIT BOARD OF THE VILLAGE FINANCIAL MANAGEMENT IN SOLOK REGENCY 审计机关是索洛克县村财务管理的国家审计委员会
Pub Date : 2023-03-27 DOI: 10.25041/cepalo.v7no1.2814
B. Budiyono, Yusdiyanto Yusdiyanto, Irdham Riyanda
Village development is one of the government's agendas in the third nawacita listed in the 2020-2014 RPJMN. Nonetheless, the uncertainty of administrative law related to institutional authority and the mechanism for examining village financial management is still a problem. BPK-RI, as the state financial examiner, has not been explicitly mandated in the package of the State Finance Law to conduct audits of the village government and village finances. This research method was carried out through normative juridical and empirical juridical analysis methods to map the inspection model needed by the village government. The analysis was carried out using the theory of state finances and the theory of state financial audits, and the theory of authority. Research suggests that in the future, an adjustment is needed between the package of Laws on State Finance to align with the package of Laws related to Villages. The results of the study concluded that the authority currently owned by BPK-RI in managing village finances has the potential for arbitrary action (willekeur) by BPK-RI and the potential to submit a lawsuit for authority against BPK-RI in the future. Meanwhile, the village government, represented by the Nagari government in Solok Regency, revealed that the audit carried out by the BPK-RI had been beneficial in encouraging improvements in the performance of the Naga government, nonrequired that the BPK-RI could focus on the SPI audit model and the performance of the Nagari government. Therefore, the ideal inspection model can be carried out through integrated auditing.
村庄发展是政府在2020-2014年RPJMN中列出的第三个议程之一。然而,与制度权威相关的行政法的不确定性和对村级财务管理的审查机制仍然是一个问题。BPK-RI作为国家财政审查员,在《国家财政法》的一揽子规定中没有明确规定对村政府和村财政进行审计。本研究方法通过规范的法律分析和实证的法律分析方法来映射村政府所需的检查模型。运用国家财政理论、国家财政审计理论和权威理论进行分析。研究表明,在未来,需要在国家财政法之间进行调整,以使其与农村相关法律保持一致。研究结果表明,BPK-RI目前拥有的管理村庄财政的权力有可能被BPK-RI任意采取行动(willekeur),并有可能在未来向BPK-RI提起诉讼。与此同时,以索洛克县的Nagari政府为代表的村政府透露,BPK-RI开展的审计有利于鼓励nagaga政府的绩效改善,而不要求BPK-RI可以专注于SPI审计模式和Nagari政府的绩效。因此,理想的检查模式可以通过集成审计来进行。
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引用次数: 0
LEGAL PROTECTION OF INDIGENOUS INSTITUTIONS IN THE FRAME OF THE RULE OF LAW (PERSPECTIVE OF LEGAL PROTECTION THEORY) 法治框架下的本土机构法律保护(法律保护理论视角)
Pub Date : 2023-03-27 DOI: 10.25041/cepalo.v7no1.2898
Safrin Salam
Indigenous institutions in Indonesia are a local wisdom inherited from the ancestors of the Indonesian State. This research is normative legal research, namely legal research conducted by researching and examining statutory regulations, starting from Article 18b paragraph 2 of the 1945 Constitution, 18B paragraph (2), Article 28D paragraph (1), Article 28G paragraph (1), and Article 28I paragraph (3), and the organic regulations under them. The results of the study show that the arrangements for protecting traditional institutions in Indonesia, namely that the State is obliged to protect the natural rights of humans themselves, namely customary law communities, are based on the Decision of the constitutional court no. 35/puu/ix/2012, namely customary rights in both private law and public law. John Locke's theory of protection is related to regulations issued by the State to provide legal protection for rechtgemeschappen, which needs to be studied juridically and sociologically. While the harmonization of customary institutional protection norms in Indonesia, namely by carrying out a legal review (reviewing) of legal regulations against Permendagri with Article 18b, Paragraph 2 of the 1945 Constitution, Article 6 of Law Number 39 of 1999 concerning human rights, Constitutional Court Decision Number 35/puu-ix/2012 Permendagri Number 52 of 2014 concerning the recognition and protection of customary law communities, and Circular Letter Number 3/se/iv/2014 regarding the determination of the existence of customary law communities and ulayat lands.
印度尼西亚的土著机构是从印度尼西亚国家祖先那里继承下来的一种地方智慧。本研究是规范性法律研究,即从1945年宪法第18b条第2款、18b条第2款、第28D条第1款、第28G条第1款、第28I条第3款及其下的组织法开始,通过研究和审查成文法进行的法律研究。研究结果表明,保护印度尼西亚传统制度的安排,即国家有义务保护人本身的自然权利,即习惯法社区,是根据宪法法院第18号决定作出的。35/puu/ix/2012,即私法和公法中的习惯权利。约翰·洛克的保护理论涉及到国家颁布法规为犯罪嫌疑人提供法律保护,这需要从法学和社会学的角度进行研究。协调印度尼西亚的习惯制度保护规范,即对针对Permendagri的法律法规进行法律审查(审查),其中包括1945年《宪法》第18b条第2款、1999年关于人权的第39号法律第6条、宪法法院关于承认和保护习惯法社区的第35/puu-ix/2012号决定(2014年Permendagri第52号决定),以及关于确定习惯法社区和乌拉亚特土地是否存在的第3/se/iv/2014号通函。
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引用次数: 0
IMPLEMENTATION DIVERSION IN SETTLEMENT CASES FOR CHILDREN PERPETRATORS CRIME THEFT AT TANJUNG KARANG DISTRICT COURT 丹绒卡朗地区法院对儿童犯罪人盗窃和解案件的执行转移
Pub Date : 2023-03-27 DOI: 10.25041/cepalo.v7no1.2855
Daffa Ladro Kusworo, Maghfira Nur Khaliza Fauzi
The implementation of Diversion solves children's cases with peace efforts outside the judicial process and always provides legal protection to children to fulfill their future interests. In the data obtained that the implementation of Diversion in the settlement of cases of child perpetrators of the crime of theft in 2022, the Tanjung Karang District Court has succeeded in carrying out diversion cases in 3 cases out of 11 cases theft. However, there was a failure in carrying out Diversion because only one of them was successfully handled by Diversion, indicating that obstacles were found that affected the success of the Diversion. This study uses normative Law accompanied by legal rules that apply in society and literature studies in the form of books, journals, etc. The analytical method that will be used for this normative legal research is to use qualitative analysis methods. The data from this qualitative analysis are obtained from various sources in qualitative research; data analysis is more focused during the process in the field and data collection. It can be concluded that obstacles affect the success of Diversion at the Tanjung Karang District Court because the victim does not agree to the diversion agreement. There are objections to the compensation fee that the perpetrator must make to the victim and different understandings of law enforcement officials (APH) to implement Diversion successfully.
“分流”的实施在司法程序之外以和平的方式解决儿童案件,始终为儿童提供法律保护,实现儿童未来的利益。在获得的数据中,在解决2022年盗窃犯罪的儿童犯罪者案件中实施了转移,丹戎卡朗地区法院在11起盗窃案件中成功地执行了3起转移案件。但是,由于Diversion只成功处理了其中的一个,因此在进行Diversion时出现了失败,这表明发现了影响Diversion成功的障碍。本研究采用规范性法,并辅以法律规则,以书籍、期刊等形式应用于社会和文学研究。这一规范性法律研究将使用的分析方法是使用定性分析方法。本定性分析的数据来自于定性研究中的各种来源;数据分析更侧重于现场和数据收集的过程。可以得出结论,在丹绒卡朗地方法院,障碍影响了转移的成功,因为受害者不同意转移协议。对于加害人必须向受害人支付的赔偿费存在异议,对于执法人员(APH)能否成功实施Diversion也存在不同的理解。
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引用次数: 0
PRETRIAL JUDGE AUTHORITY IN ADJUDICATING ADMINISTRATIVE ACTIONS CARRIED OUT BY THE DIRECTORATE GENERAL OF CUSTOMS 预审法官对海关总署执行的行政行为作出裁决的权力
Pub Date : 2023-03-27 DOI: 10.25041/cepalo.v7no1.2863
Erdianto Effendi, R. Yulia
The Directorate General of Customs and Excise has administrative and law enforcement authority. In practice, judges often understand administrative authority as an investigative authority, thus granting pretrial requests for Acts that are the administrative authority. The method used is normative legal research is descriptive qualitative with qualitative analysis techniques using primary, secondary, and tertiary legal materials. The results showed that pretrial judges differed in interpreting administrative authority. Only two of the five judges interpreted administrative authority as not pretrial objects. Supposedly, judges are not authorized to examine the administrative authority exercised by Customs and Excise. Recommendations This research is to minimize the expansion of interpretation of the authority of forced efforts so that the issuance of the Supreme Mahakamh Circular or revise the Customs and Excise Law.
海关总署拥有行政和执法权力。在实践中,法官往往将行政权力理解为一种调查权力,因此准许对属于行政权力的行为提出审前请求。使用的方法是规范性法律研究是描述性定性与定性分析技术,使用第一,第二和第三法律材料。结果表明,审前法官对行政权限的解释存在差异。5名法官中只有2名将行政权力解释为非审前对象。据推测,法官无权审查海关行使的行政权力。本研究的建议是尽量减少扩大解释权力的强迫努力,以便颁布最高马哈姆通告或修订《海关法》。
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引用次数: 0
FULFILLMENT OF THE RIGHT TO SPECIAL PROTECTION FOR CHILDREN IN CONFLICT WITH THE LAW (ABH) IN THE CITY OF TERNATE 特尔纳特市违反法律的儿童获得特别保护的权利的实现情况
Pub Date : 2023-03-27 DOI: 10.25041/cepalo.v7no1.2886
Arisa Murni Rada, Muhaimin Limatahu, Ahmad Mufti
This research focuses on testing the cluster of children's rights with indicators of the fulfillment of special protection for children, specifically children in conflict with the law (ABH) as perpetrators; this is based on the fact that a child is at very high risk of being violated by his human rights when he has to be involved in the criminal justice system. The method used is empirical juridical or sociological legal research that examines the legal provisions that apply and what happens in society. The sociological juridical and statutory approach examines all regulations related to the legal issues under study. The data obtained were analyzed descriptively and qualitatively and used the deductive and inductive methods in concluding. The study results show that the fulfillment of special protection rights for children by law enforcement and the Regional Government of Ternate City is not optimal, even though several cases have been handled through a restorative justice approach in handling ABH. The support from the Regional Government of the City of Ternate realizes the fulfillment of ABH rights. It accelerates the status of a Child-Friendly City by providing the necessary facilities such as ABH special needs, special detention cells, recreation activities, social advocacy, accessibility, education, health, religion, and other needs through establishing a Unit. The Technical Implementer of the Area for the Protection of Women and Children (UPTD PPA) is constrained internally and externally, namely the unavailability of the Regional Regulation on Child Protection as a legal basis at the regional level, the unavailability of rehabilitation facilities for drug addict children and the low level of public understanding of the settlement of restorative justice which prioritizes children's interests.
本研究的重点是用对儿童,特别是作为肇事者的违法儿童的特殊保护的实现指标来测试儿童权利集群;这是基于这样一个事实,即当儿童必须参与刑事司法系统时,他的人权受到侵犯的风险非常高。所使用的方法是实证法学或社会学法律研究,检查适用的法律规定和社会中发生的事情。社会学的法律和法规方法检查与所研究的法律问题有关的所有法规。对所得数据进行描述性和定性分析,并采用演绎和归纳法进行结论。研究结果表明,尽管在处理ABH的过程中有几起案件采用了恢复性司法方法,但执法部门和特尔纳特市地方政府对儿童特殊保护权的履行并不理想。特尔纳特市地方政府的支持实现了ABH权利的实现。它通过设立一个股,提供必要的设施,如儿童保健、特别需要、特别拘留室、娱乐活动、社会宣传、无障碍、教育、保健、宗教和其他需要,从而加快了儿童友好城市的地位。保护妇女和儿童领域的技术执行者(UPTD PPA)受到内部和外部的制约,即缺乏作为区域一级法律基础的《区域儿童保护条例》,缺乏为吸毒儿童提供的康复设施,以及公众对优先考虑儿童利益的恢复性司法解决方案的了解程度较低。
{"title":"FULFILLMENT OF THE RIGHT TO SPECIAL PROTECTION FOR CHILDREN IN CONFLICT WITH THE LAW (ABH) IN THE CITY OF TERNATE","authors":"Arisa Murni Rada, Muhaimin Limatahu, Ahmad Mufti","doi":"10.25041/cepalo.v7no1.2886","DOIUrl":"https://doi.org/10.25041/cepalo.v7no1.2886","url":null,"abstract":"This research focuses on testing the cluster of children's rights with indicators of the fulfillment of special protection for children, specifically children in conflict with the law (ABH) as perpetrators; this is based on the fact that a child is at very high risk of being violated by his human rights when he has to be involved in the criminal justice system. The method used is empirical juridical or sociological legal research that examines the legal provisions that apply and what happens in society. The sociological juridical and statutory approach examines all regulations related to the legal issues under study. The data obtained were analyzed descriptively and qualitatively and used the deductive and inductive methods in concluding. The study results show that the fulfillment of special protection rights for children by law enforcement and the Regional Government of Ternate City is not optimal, even though several cases have been handled through a restorative justice approach in handling ABH. The support from the Regional Government of the City of Ternate realizes the fulfillment of ABH rights. It accelerates the status of a Child-Friendly City by providing the necessary facilities such as ABH special needs, special detention cells, recreation activities, social advocacy, accessibility, education, health, religion, and other needs through establishing a Unit. The Technical Implementer of the Area for the Protection of Women and Children (UPTD PPA) is constrained internally and externally, namely the unavailability of the Regional Regulation on Child Protection as a legal basis at the regional level, the unavailability of rehabilitation facilities for drug addict children and the low level of public understanding of the settlement of restorative justice which prioritizes children's interests.","PeriodicalId":52705,"journal":{"name":"Cepalo","volume":"35 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88175662","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}
引用次数: 0
LEGALITY OF REGISTRATION FOR INTERNATIONAL RELIGIOUS MARRIAGE BASED ON COURT DECISIONS ACCORDING TO LAW AND REGULATIONS IN INDONESIA 印尼基于法律法规的法院判决的国际宗教婚姻登记的合法性
Pub Date : 2022-11-15 DOI: 10.25041/cepalo.v6no2.2704
Desimaliati Desimaliati
Law Number 1 of 1974 concerning Marriage (Marriage Law) as a guideline for norms (verwijzing) does not recognize interfaith marriages, but the Marriage Law itself provides a legal loophole in legalizing interfaith marriages. Many applications for interfaith marriage licenses that have been granted through Court Decisions and have been successfully registered at the Population and Civil Registry Office, are declared valid along with all their legal consequences in state administration and are legally binding on civil law. The purpose of this research is to explain application of legal theory and identify laws and regulations that form the legal basis for judges considerations in ratifying applications for registration of interfaith marriages through Court Decisions. The writing of this thesis uses normative legal research methods. Data processing and library research using primary, secondary and tertiary legal sources. The results showed that the ratification of interfaith marriages through a Court Decision was born from another interpretation of Article 66 of the Marriage Law which was interpreted by the method of applying the principle of conflict of norms using the principle of legal logic (rechtslogische prinzipien) or presumption of rules (vermutungsregeln), so that the Marriage Law seems to have multiple interpretations. There are several other laws and regulations that underlie the legalization of the registration of interfaith marriages in Indonesia. There are two views on the basis of the legal considerations of the Panel of Judges in accepting, examining and deciding cases of interfaith marriage applications through Court Decisions. To ensure legal protection and certainty for the parties and children born in a marriage, marriages need to be administratively registered in the state even though the marriages are of different religions.
1974年关于婚姻的第1号法律(《婚姻法》)作为规范(verwijzing)的指导方针不承认不同宗教间的婚姻,但《婚姻法》本身在使不同宗教间的婚姻合法化方面提供了一个法律漏洞。许多通过法院判决批准并在人口和民事登记办公室成功登记的跨宗教结婚证申请,连同其在国家管理中的所有法律后果被宣布有效,并在民法上具有法律约束力。本研究的目的是解释法律理论的适用,并确定法官在通过法院判决批准跨宗教婚姻登记申请时考虑的法律基础的法律法规。本文的写作采用了规范的法律研究方法。数据处理和图书馆研究使用第一,第二和第三法律资源。结果表明,法院判决对宗教间婚姻的认可产生于对《婚姻法》第66条的另一种解释,即运用法律逻辑原则(rechtslogische prinzipien)或规则推定原则(vermutungsregeln)适用规范冲突原则的解释方法,使得《婚姻法》似乎具有多重解释。在印度尼西亚,跨宗教婚姻登记合法化的基础上还有其他几项法律和条例。根据法官小组通过法院判决接受、审查和裁决跨宗教婚姻申请案件的法律考虑,有两种观点。为了确保婚姻双方和所生子女的法律保护和确定性,即使婚姻是不同宗教的婚姻,也需要在国家进行行政登记。
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引用次数: 2
HYPNOTHERAPY FOR CHILD PERPETRATORS OF CRIMINAL ACTS 催眠疗法对儿童犯罪者的犯罪行为
Pub Date : 2022-11-15 DOI: 10.25041/cepalo.v6no2.2688
Ratna Widianing Putri
Social changes in the era of technological advances open up great opportunities for a lot of bad content for children's education such as pornography, violence, bullying , murder and others. This can cause the subconscious mind of a child who is in the process of learning to observe the environment so that it is embedded as values and mindsets and ultimately triggers children to commit criminal acts. Based on these conditions, it is not enough to develop a more comprehensive coaching model to change their behavior and thought patterns by accessing the subconscious mind through hypnotherapy techniques. The research method in this article is a literature study using primary and secondary data.Purpose the research the article to inform a model from guide in lpka for child perpetrator from criminal action through that addition from a hypnotherapy program and to inform model of guidance at lpka for child perpetrators of criminal acts through the addition of a hypnotherapy program. The research method is carried out by in-depth interviews with informants and literature study using secondary data in the form of decisions, journals, books, previous research and articles. The theoretical approaches used to analyze this article are differential association theory and coaching theory.
科技进步时代的社会变化为儿童教育提供了大量不良内容的机会,如色情、暴力、欺凌、谋杀等。这可能会导致处于学习过程中的孩子的潜意识观察环境,从而将其嵌入价值观和心态,并最终引发孩子犯下犯罪行为。基于这些情况,仅仅通过催眠疗法技术进入潜意识来改变他们的行为和思维模式是不够的。本文的研究方法是文献研究法,采用一手资料和二手资料相结合的方法。本文的研究目的是通过增加一个催眠治疗项目来为lpka儿童犯罪者的犯罪行为提供指导模式,并通过增加一个催眠治疗项目来为lpka儿童犯罪者的犯罪行为提供指导模式。研究方法是通过对举报人进行深入访谈和文献研究,使用二手数据,以决策,期刊,书籍,以前的研究和文章的形式进行。本文采用的理论分析方法是差异联想理论和教练理论。
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引用次数: 0
IMPLICATIONS OF USING ELECTRONIC STAMP DUTY AS PROOF OF AUTHENTICITY OF ELECTRONIC DOCUMENTS IN INDONESIA 在印度尼西亚使用电子印花税作为电子文件真实性证明的影响
Pub Date : 2022-11-15 DOI: 10.25041/cepalo.v6no2.2722
Febia Salwa Pandora, E. Makarim
The rapid development of the times affects all aspects of life. In this digital era, government regulations must also follow the flow of changes, including the use of stamp duty. In 2020, the Minister of Finance Sri Mulyani inaugurated the e-Materai. This electronic stamp duty issuance raises questions about its implications for its use as proof of document authenticity. This study aims to explain the use of e-stamp as a means of proving their authenticity and provide answers to their benefits to the community. This research uses a normative method through searching regulations and applicable regulations and synchronizing existing research data with applicable laws. The implementation of the stamp duty system is still preserved in Indonesia even though the Dutch state itself, as the originator, has not implemented the system for a long time. With the stamp duty which has a budgetary function and a document authentication function, there are still many shortcomings in the authentication function. The absence of recording information regarding the purchaser of stamp duty, identity and description of what documents are attached makes the authenticity proof function not optimal, whereas the later proof system in Indonesia is also still not qualified and it is proper that the sealing system must apply the rules of information security law.
时代的飞速发展影响着生活的方方面面。在这个数字时代,政府法规也必须跟上变化的步伐,包括印花税的使用。2020年,财政部长Sri Mulyani为e-Materai揭幕。这种电子印花税的发行引发了人们对其作为文件真实性证明的影响的质疑。本研究旨在解释使用电子图章作为证明其真实性的手段,并为其对社会的好处提供答案。本研究采用规范的方法,通过检索法规和适用法规,将已有的研究数据与适用法律进行同步。印花税制度的实施至今仍保留在印度尼西亚,尽管荷兰政府本身作为该制度的始作俑者已经很久没有实施该制度了。印花税具有预算功能和证件认证功能,但在认证功能上还存在许多不足。由于没有记录印花税购买者的信息、身份和所附文件的描述,使得真实性证明功能不理想,而印度尼西亚后来的证明制度也仍然不合格,密封制度必须适用信息安全法的规则是适当的。
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引用次数: 0
THE PROBLEMS OF THE RIGHT TO CLEAN WATER FROM THE SALUKI RIVER FLOW FOR THE PASIGALA COMMUNITY POST DISASTER 灾后pasigala社区从saluki河获得清洁用水的权利问题
Pub Date : 2022-11-15 DOI: 10.25041/cepalo.v6no2.2698
Nursiah Moh Yunus, Rosdian Rosdian, M. Saleh
As one of the natural elements needed by humans and other living things, the issue of the availability of clean water is an essential issue for the community, especially after the earthquake, tsunami and liquefaction disasters hit Palu City Sigi Regency and Donggala Regency (PASIGALA). Without realizing it, it has almost entered its third year after the disaster; this vital issue has developed because the condition of the water that is suitable for community consumption, which was previously felt to be abundant and can be used together, is now starting to be limited. Thousands of people only rely on tank cars. Recently, there has been a wise thought that water as common property can be positioned as a human right. Therefore, the state should fulfil it as the implementation of control of resources (water) by the state. Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia expressly states the concept of the state's right to control water resources to achieve people's prosperity. This normative research seeks to explain the fulfilment of the right to water in Indonesia, which is based on the conception and philosophy contained in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. The focus is on limiting problems regarding the fulfilment of clean water for the PASIGALA community after the disaster. This study tries to unravel the problems that: 1) the development of global conceptions and ideas has realized the importance of water resources and their recognition as one of the human rights,
作为人类和其他生物需要的自然元素之一,清洁水的可用性问题是社区的基本问题,特别是在地震,海啸和液化灾害袭击帕卢市西吉县和东加拉县(PASIGALA)之后。在没有意识到的情况下,它几乎进入了灾难发生后的第三个年头;这个至关重要的问题已经发展起来,因为适合社区消费的水的条件,以前被认为是丰富的,可以一起使用,现在开始受到限制。成千上万的人只能依靠油罐车。最近,有一种明智的想法认为,水作为共同财产可以被定位为一种人权。因此,国家应该把它作为国家对资源(水)控制的实施来实现。1945年《印度尼西亚共和国宪法》第33条第(3)款明确规定了国家控制水资源以实现人民繁荣的权利概念。这项规范性研究试图解释印度尼西亚水权的实现,这是根据1945年《印度尼西亚共和国宪法》第33条第(3)款所载的概念和哲学。重点是限制灾后为PASIGALA社区提供清洁水的问题。本研究试图揭示的问题是:1)全球观念和观念的发展已经认识到水资源的重要性及其作为人权之一的认可;
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引用次数: 0
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