scholarly journals Pemenuhan Hak Asasi Manusia kepada Etnis Rohingya di Myanmar

2021 ◽  
pp. 1-15
Author(s):  
Dewa Gede Sudika Mangku
Keyword(s):  
Human Rights ◽  
International Law ◽  
Ethnic Group ◽  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Human Rights Violations ◽  
Legal Research ◽  
International Human Rights ◽  
International Human

The occurrence of human rights violations against the Rohingya ethnicity in Myanmar has become an international concern. The Rohingya, who have lived for generations in this part of Myanmar, are not getting justice from the Myanmar government. The various human rights violations that have occurred are of course against the basic instruments of international law. This study aims to describe and analyze international human rights arrangements with regard to the protection of the Rohingya ethnicity, as well as any obstacles in providing protection for the Rohingya ethnic group so that no solution has been achieved in resolving these human rights violations. In this study, using a normative legal research method with a statutory approach, a case approach and an analysis approach. The type of legal material in this research is secondary data consisting of primary, secondary and non-legal materials. Then processed and analyzed using prescriptive methods. Based on the research results, it is known that legal protection of the Rohingya ethnicity in accordance with international human rights instruments has not been fulfilled because there are various obstacles in resolving the root of the conflict on human rights violations in Myanmar. Some of them are the reluctance of the Myanmar government to resolve cases of Rohingya ethnic human rights violations. In view of the lack of willingness of the Myanmar government to resolve cases of human rights violations, the UN criticized and attempted to carry out humanitarian intervention to resolve gross human rights violations against the Rohingya ethnic group. For this reason, this paper seeks to elaborate on what responsibilities the Myanmar government should provide for protection according to international human rights as well as what obstacles have caused cases of human rights violations against ethnic Rohingya to be resolved.

Domestic Workers’ Human Rights Versus Diplomatic Immunity: Developments in International and National Jurisprudence

2013 ◽  
Vol 22 (1) ◽  
pp. 201-220 ◽  
Author(s):  
Fulvia Staiano
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Protection ◽  
Domestic Workers ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Diplomatic Immunity

Diplomatic immunities significantly contribute to a protection gap for domestic workers in diplomatic households who are victims of egregious forms of exploitation and abuse, and thus, of serious human rights violations. The abuse of such immunities by diplomatic agents in order to shun judicial review by the courts of the receiving States constitutes indeed a serious obstacle to obtaining redress. The resulting conflict between international rules on immunity and domestic workers’ human rights epitomizes the increasingly frequent challenges posed by international human rights law to classic rules of international law, and raises the issue of how to find balanced solutions to such conflicts. Against this background, the uncertain and discretional character of diplomatic measures prevents them from constituting a tool of legal protection for domestic workers experiencing human rights violations. With that in mind, this contribution inquires on alternative remedies available in international and domestic law, with a specific focus on the relationship between international rules on immunities and two other bodies of law, i.e. international human rights law and peremptory norms of international law.

scholarly journals Property in a shrinking planet: fault lines in international human rights and investment law

2015 ◽  
Vol 11 (2) ◽  
pp. 113-134 ◽  
Author(s):  
Lorenzo Cotula
Keyword(s):  
Human Rights ◽  
International Law ◽  
Natural Resource ◽  
Legal Protection ◽  
International Investment ◽  
Human Rights Law ◽  
International Human Rights ◽  
Investment Law ◽  
International Human ◽  
Property Concepts

AbstractLong at the margins of international law, property is now among the key challenges facing international law- and decision-makers. A ‘shrinking’ planet and a polycentric international law regime provide the backdrop for contestation between different property concepts and claims. While presenting important commonalities in legal concepts and normative content, international investment law and international human rights law protect different and possibly competing rights, reflect different balances of commercial and non-commercial considerations, and embody different standards of legal protection. As the frontiers of natural resource extraction expand, natural resource investments can bring different property concepts and claims directly into tension. In this context, the articulation between investment law and human rights law influences the ways in which international law mediates competition for the world's natural resources, redefining the balance between public and private interests and reshaping spaces for the lawful exercise of state sovereignty.

scholarly journals Community Rights Facing Criminal Law in a Human Rights Perspective

2020 ◽  
Vol 1 (2) ◽  
pp. 113-119
Author(s):  
Harisman Harisman
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Human Dignity ◽  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Legal Assistance ◽  
Legal Research ◽  
Community Rights ◽  
The Impact

Legal protection is one form of human rights that must be obtained by everyone, especially with regard to the application of criminal law that can have the impact of violations and restrictions on the freedom of others as a form of human rights. It is not uncommon for people's rights to be questioned or even contested when dealing with criminal law. To answer this problem, a study was conducted using the legal research method through a normative jurudical approach which was intended to collect secondary data obtained from the literature in the form of primary legal materials, secondary legal materials and tertiary legal materials. The materials collected were analyzed qualitatively descriptive. Based on the analysis conducted, it is clearly seen that people's rights in criminal law are part of human rights that must get respect and protection in order to maintain human dignity through efforts that include: equality before the law, presumption of innocent, non-retroactive and legal assistance, and not tortured, punishment or cruel, inhumane treatment, degrading human dignity and dignity, and not treated arbitrarily.

scholarly journals Legal Protection Againts Violations of Human Rights That Abuse Uighur Ethnic Women in China

2021 ◽  
pp. 33-48
Author(s):  
Endah Rantau Itasari ◽  
Dewa Gede Sudika Mangku
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Criminal Court ◽  
Universal Declaration ◽  
Human Rights Violations ◽  
International Human Rights ◽  
International Human ◽  
The Government ◽  
The Right ◽  
Settlement Of Disputes

The purpose of this research is to respect the legal protection of ethnic Uighur women in Xinjiang, China from the perspective of International Human Rights and to find out and study the resolution of cases of serious international human rights violations against ethnic Uighur women in Xinjiang, China. Legal protection for women of Uighur ethnicity is based on articles 3,4,5,9,10,11, the Universal Declaration of Human Rights, namely by providing protection in the form of protection of the right to life, the rights to freedom, and the right to personal security, and others that are regulated in international legal instruments. 2) Serious human rights violations committed by the government of Xinjiang, China are not justified by international law because they violate the provisions stipulated in the subsequent Universal Declaration of Human Rights for the incidents of human rights violations, so the settlement of disputes between the two parties is carried out by negotiation or mediation. first. If this method is not effective, the UN Security Council can submit the case to an international court such as the International Criminal Court as regulated in article 1 of the 1998 Rome Statute.

scholarly journals HUMAN RIGHTS VIOLATION AGAINST THE INDONESIAN MIGRANT FISHERIES CREW IN CHINESE-FLAGGED LONG XING VESSEL

2021 ◽  
Vol 10 (1) ◽  
pp. 67
Author(s):  
Fithriatus Shalihah ◽  
Muhammad Nur
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Human Rights Violations ◽  
Legal Research ◽  
Fishing Boat ◽  
Work Abroad ◽  
Human Rights Violation

<em>This paper </em><em>aimed to analyze</em><em> human rights violations against migrant fishing boat crews with a case study on the Chinese-flagged Long Xing fishing boat. The research method used is empirical legal research using primary data and secondary data. The results showed that there had been human rights violations experienced by migrant fishing boat crews aboard the Chinese-flagged Long Xing fishing boat. These human rights violations have occurred since the pre-employment phase. The act of dumping the bodies of the crew members of Indonesian ships into the sea in the case of the Long Xing Ship violated the provisions of the ILO Seafarers Regulation Article 30 concerning protocol if the crew of the ship died, also violated Indonesia's national regulations, namely the Minister of Transportation Regulation No. 84 of 2013 Article 18 concerning the protocol for repatriating the bodies of crew members. Therefore, Indonesia's Government needs serious improvements to protect Indonesian fishing boat crews by implementing legal protection regarding their rights both before, during, and after Indonesian migrant fishery crew members work abroad</em>

scholarly journals ASEAN Non-Intervention Principles: An Alternative Settlement towards Human Rights Violation in Rohingya

2021 ◽  
Vol 28 (1) ◽  
pp. 118-135
Author(s):  
Yulianto Achmad ◽  
Nanik Prasetyoningsih ◽  
M. Reformis Al Fath
Keyword(s):  
Human Rights ◽  
Ethnic Group ◽  
Research Method ◽  
Secondary Data ◽  
Humanitarian Assistance ◽  
Regional Security ◽  
Human Rights Violations ◽  
International News ◽  
Human Rights Violation ◽  
Intervention Mechanism

The frame of international news is colored with a series of systemic and consistent human rights violation experienced by the Rohingya ethnic group in Burma. Toward this case, it is unlikely for Burma to be willing and to be able to resolve this case internally. Hence, as a regional security and stability guard in the Southeast Asia region, ASEAN should take part in settling human rights violations that occur in its member states. However, every settlement attempted by ASEAN is constantly distracted with Non-Intervention Principles. This research aims to examine the alternative ideas for Non-Intervention Principles of ASEAN as a settlement towards human rights violation on Rohingya ethnic. This research used normative research, based on the secondary data was employed as the research method. The obtained data were analyzed by using qualitative analysis. The research found that the Non-Intervention principle has been applied in ASEAN in the most rigid form. Meanwhile, Humanitarian Assistance and Humanitarian Intervention mechanism is an alternative settlement towards human rights violations on the Rohingya ethnic group in Myanmar

scholarly journals ENVIRONMENTAL-INDUCED DISPLACEMENT: POTENTIAL PROTECTION UNDER INTERNATIONAL LAW?

2020 ◽  
Vol 9 (2) ◽  
pp. 168
Author(s):  
Irawati Handayani ◽  
Anisa Fauziah
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
International Law ◽  
Legal Protection ◽  
International Human Rights Law ◽  
Displaced Persons ◽  
International Human Rights ◽  
Displacement Potential ◽  
The Status ◽  
International Human

<em>Climate change, environmental degradation, and natural disasters are some of the push factors of cross-border displacement. The consequence of this movement is the loss of legal protection from the country of origin of the displaced persons. They are not categorized as refugees as such and no international law specifically regulates the protection of climate displaced persons. This paper will try to analyze the legal protection of climate refugees based on international law. The paper elaborates the context of migration caused by climate change and its relevance with the 1951 Convention on the Status of Refugee, possibility of interpretation of the convention to cover environmental induced displacement and protection under international human rights instruments. The research concludes that it is quite difficult to include climate change-induced displacement under the 1951 Convention on the Status of Refugee even through interpretation. However, it does not mean that the people cannot be protected. International law, especially International Human Rights Law extends protection to peoples belongs to that group.</em>

scholarly journals The Handling Impact Of Foreigners Seeking Protection According To Australian Policies And Its Impact On Indonesia

2019 ◽  
Vol 1 (2) ◽  
pp. 49-58
Author(s):  
Faridh Al Wajidi ◽  
M. Alvi Syahrin
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
International Law ◽  
Asylum Seekers ◽  
Secondary Data ◽  
The State ◽  
International Human Rights ◽  
International Human ◽  
The Republic

The existence of a conflict that occurs in a country makes the citizens of the country feel uncomfortable with their country so that some of them decide to run for protection. The flight has an influence on the State of Australia because it is one of the countries that are the destination countries for Asylum Seekers and so on. This then made the State of Australia make a policy in terms of maintaining sovereignty and fighting human rights crimes such as trafficking and people smuggling. The policy is Operation Sovereign Borders which turns out to experience a conflict harvest because it is not in accordance with the requirements of international law. The ratification of this policy aims at how to handle protection seekers in accordance with the requirements of International Law and law enforcement in the event of a violation based on the Operation Sovereign Borders policy. Writing KTI uses the normative juridical method. The specifications used are descriptive-analytic. Then the data used is secondary data. In its implementation, Operation Sovereign Borders is still inappropriate so that it violates the sovereignty of the Republic of Indonesia and violates the ethics of neighboring countries (good neighborliness), besides that it also violates the principles of international law contained in the 1952 Convention and instruments of International Human Rights (non-refoulement principle)

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