scholarly journals Kontrak Sosial menurut Immanuel Kant: Kontekstualisasinya dengan Penegakan HAM di Indonesia

2021 ◽  
Vol 31 (2) ◽  
pp. 192
Author(s):  
Althien John Pesurnay
Keyword(s):  
Political Philosophy ◽  
Human Rights ◽  
Immanuel Kant ◽  
Social Contract ◽  
Rule Of Law ◽  
Moral Philosophy ◽  
Human Rights Violations ◽  
The Public ◽  
The Will ◽  
Rights Issues

This article addresses the sensitive topic of human rights issues in Indonesia through a Kantian analysis. Cases of human rights violations are a common occurrence in Indonesia. Presently, human rights violations in the country are assessed from historical and legal perspectives. However, there is little commitment or willingness on the part of the Indonesian government to protect and defend the principles of human rights. This article is attempts to utilize arguments from political philosophy that can contextualize the protection and implementation of human rights in Indonesia, through an analysis of  the concept of social contract in Immanuel Kant’s political philosophy. According to Kant, freedom and equality are natural rights. This article demonstrates that Kant's social contract theory is linear with his formal moral philosophy. In his explanation, ‘contract’ is unified will. Therefore, the Indonesian state with its power is responsible to implement the will of the public to ensure order and rule of law and to protect the rights and freedom of each individual.

Rethinking Kant as a public intellectual

2016 ◽  
Vol 16 (1) ◽  
pp. 100-108
Author(s):  
Sofie Møller
Keyword(s):  
Political Philosophy ◽  
French Revolution ◽  
Moral Philosophy ◽  
Political Thought ◽  
Public Intellectual ◽  
Public Debate ◽  
The Political ◽  
Middle Ground ◽  
The Public ◽  
The Past

In Kant’s Politics in Context, Reidar Maliks offers a compelling account of Kant’s political philosophy as part of a public debate on rights, citizenship, and revolution in the wake of the French Revolution. Maliks argues that Kant’s political thought was developed as a moderate middle ground between radical and conservative political interpretations of his moral philosophy. The book’s central thesis is that the key to understanding Kant’s legal and political thought lies in the public debate among Kant’s followers and that in this debate we find the political challenges which Kant’s political philosophy is designed to solve. Kant’s Politics in Context raises crucial questions about how to understand political thinkers of the past and is proof that our understanding of the past will remain fragmented if we limit our studies to the great men of the established canon.

Another Voluntarism

Legitimacy ◽  
2019 ◽  
pp. 43-66
Author(s):  
Paul Weithman
Keyword(s):  
Political Philosophy ◽  
Social Contract ◽  
Political Legitimacy ◽  
Social Contract Theory ◽  
The Public ◽  
Corporate Body ◽  
The Social ◽  
Real Work ◽  
Moral Claims ◽  
Philosophical Questions

John Rawls’s presentation of his famous principle of legitimacy raises a number of exegetical and philosophical questions which his texts leave unresolved. The key to their solution lies in a claim Rawls makes about the character of political power. Rawls uses language familiar from social contract theory to describe that power, saying that it is the power of the public as a corporate body. This chapter considers but ultimately rejects the suggestion that Rawls’s treatment of legitimacy is Lockean. Rather, Rawls follows Kant in thinking that talk of a contractual incorporation is best understood as a way of expressing fundamental moral claims about the object of a constitution, about citizens’ standing, and about legislators’ duties. These are the claims that do the real work in Rawls’s account of legitimacy. To show this, the chapter lays out Kant’s conception of the social contract and argues that we can draw on that conception to understand Rawls’s account of political legitimacy. It then spells out the philosophical pay-offs of the reading offered here by showing how it solves some textual puzzles and how Rawls’s account differs from others that have recently been defended in political philosophy. The chapter concludes by mentioning some lingering questions about Rawlsian legitimacy.

scholarly journals Executorial Strength of Community Communication Services Recommendations in Settlement of Case Assumptions of Human Rights Violations

2021 ◽  
Vol 8 (3) ◽  
pp. 186
Author(s):  
Muhammad Fitrahurrahman Gaffar ◽  
Gatot Dwi Hendro Wibowo ◽  
RR. Cahyowati
Keyword(s):  
Human Rights ◽  
Executive Power ◽  
Human Rights Violations ◽  
Legal Research ◽  
Communication Services ◽  
Implementation Team ◽  
Research Goal ◽  
Communications Services ◽  
The Government ◽  
Rights Issues

The research goal was to analyze the executive power of a recommendation for public communications services to protect human rights. This type of research is normative legal research with a conceptual, legal and historical approach, using primary, secondary and tertiary legal material. The legal material obtained was processed and analyzed normatively. Based on the results of the study, it is concluded that the regulation of the executive of a recommendation for community communication services is regulated in No. 32 of 2016, as an attempt by the government to encourage the resolution of alleged human rights violations as a form of protection and compliance with human rights. The existence of community communication services in resolving allegations of human rights violations has no permanent legal force (enforceable title), but rather the power of coordination and communication in bridging the reported party and authorities suspected of committing human rights violations, which to be resolved in stages, as set out in the Flow Guidelines Dealing with human rights issues by the Yankomas Implementation Team in the regions

HISTORY AND REFORMS OF THE PROSECUTOR'S OFFICE OF THE KYRGYZ REPUBLIC

2019 ◽  
Vol 19 (3) ◽  
pp. 193-197
Author(s):  
Adilet Merkanov ◽  
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
The State ◽  
Successful Implementation ◽  
Kyrgyz Republic ◽  
The Public ◽  
Political Transformations ◽  
Democratic Rule

Nowadays in Kyrgyz Republic take a place huge reforms of prosecutors. The implementation of national projects requires a new quality of prosecutorial oversight so thatthe human rights and law enforcement potential of the prosecutor’s office really contributes to the development of a democratic rule of law. The prosecutor's office as one of the state legal institutions plays an extremely important role in the public and state life of the Kyrgyz Republic. As you know, the successful implementation of socio-economic and socio-political transformations in the state largely depends on existing laws, the observance of which the prosecutor's office is called upon to monitor.

Localizing Human Rights SDGs: Ghana in context

2021 ◽  
Author(s):  
Omar S. Abdellatif
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Rule Of Law ◽  
West African ◽  
Public Access ◽  
Human Rights Violations ◽  
Access To Justice ◽  
International Treaties ◽  
State Laws ◽  
Agenda 2030

In September 2015, Ghana along all UN member states endorsed the Agenda 2030 Sustainable Development Goals (SDGs) as the cardinal agenda towards achieving a prosperous global future. The SDGs are strongly interdependent, making progress in all goals essential for a country’s achievement of sustainable development. While Ghana and other West African nations have exhibited significant economic and democratic development post-independence. The judiciary system and related legal frameworks, as well as the lack of rule law and political will for safeguarding the human rights of its citizens, falls short of considering violations against minorities. Will Ghana be able to localize human rights related SDGs, given that West African governments historically tended to promote internal security and stability at the expense of universal human rights? This paper focuses on evaluating the commitments made by Ghana towards achieving Agenda 2030, with a particular focus on the SDGs 10 and 16 relating to the promotion of reduced inequalities, peace, justice and accountable institutions. Moreover, this paper also analyzes legal instruments and state laws put in place post Ghana’s democratization in 1992 for the purpose of preventing discrimination and human rights violations in the nation. The article aims to highlight how Ghana’s post-independence political experience, the lack of rule of law, flaws in the judiciary system, and the weak public access to justice are obstacles to its effective localization of human rights SGDs. Those obstacles to Ghana’s compliance with SDGs 10 and 16 are outlined in this paper through a consideration of human rights violations faced by the Ghanaian Muslim and HIV minorities, poor prison conditions, limited public access to justice and the country’s failure to commit to international treaties on human rights. Keywords: Ghana, human rights, rule of law, security, Agenda 2030

Santoso’s Jihadism, Deradicalization, and Humanization: A Preliminary Investigation on Indonesian Terrorism

2021 ◽  
Vol 29 (1) ◽  
pp. 152-178
Author(s):  
Herdi Sahrasad ◽  
Al Chaidar ◽  
Dedy Tabrani ◽  
Teuku Syahrul Ansari ◽  
Mai Dar
Keyword(s):  
Human Rights ◽  
Preliminary Investigation ◽  
Religious Conflict ◽  
Human Rights Violations ◽  
Human Beings ◽  
Community Groups ◽  
The Public ◽  
Unity In Diversity ◽  
The Way

Indonesia. The rise of acts of terrorism by Santoso at that time makes the public ask: How far is the deradicalization program? Why do the various community groups become more radical and brave against the apparatus/officers who promote the deradicalization program? Humanization leads to the prevention or overcoming of intensification of conflict and escalation of violence, covering the way for human rights violations or acts of genocide. Humanization refers to a strategy designed to reduce the dynamics of conflict that are destructive and face violence, especially terrorism, as the culmination of radicalism. Indonesia is still not free from inter-religious conflict. Religion, which should be eager to spread liberation and peace for our fellow human beings, is just often breached, even disturbing the integrity of Unity in Diversity. Deradicalization also include humanization because it takes the participation of sincere and serious attention.

Secrets and Lies

2015 ◽  
Author(s):  
Adrian Guelke
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Barack Obama ◽  
Mass Casualty ◽  
Theory And Practice ◽  
Political Leaders ◽  
The Rule Of Law ◽  
The Public ◽  
Counter Terrorism ◽  
Constitutional Government

The response of Western governments to the threat posed by mass-casualty terrorism has resulted in a widening gulf between their theory and practice of counter-terrorism and their proclaimed commitment to the maintenance of fundamental human rights. A shocking picture has emerged of wrongdoing perpetrated under the broad terms of counter-terrorist measures adopted since 9/11. This chapter seeks to explain this outcome, especially in the light of the episodic and limited nature of attacks by jihadis on Western societies since 2001. It also examines how President Barack Obama has grappled with the argument that some of the measures designed to protect the public from terrorism pose a threat to constitutional government and to the rule of law. It notes that his readiness to accept that such dangers do indeed exist has been exceptional among Western political leaders and that reliance on secrecy, misinformation, and denial has been the norm.

Going Forward

2020 ◽  
pp. 319-326
Author(s):  
Aryeh Neier
Keyword(s):  
Eighteenth Century ◽  
Human Rights ◽  
International Human Rights ◽  
The Public ◽  
Human Rights Movement ◽  
History Of ◽  
International Human ◽  
Rights Issues

This chapter traces the history of the international human rights movement back to the anti-slavery movement that took hold in England in the second half of the eighteenth century. It details how the anti-slavery movement was instrumental in securing the abolition of slavery in many countries. It also reviews ways in which the human rights cause became an important force in world affairs in the mid-to-late 1970s. The chapter looks into the favorable development in the recent years for human rights, such as the readiness of a number of leading business corporations to take stands on human rights issues. It also suggests that the progress in the human rights movement is to keep building the public constituency for rights, until the dynamic that resulted in significant improvements that that took place in the 1980s and 1990s is re-created.

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