Corruption as a Violation of Human Rights, Economic, Social and Cultural Human Rights Perspective

Hady Poerwanto, Joko Setiyono, None Sunardi
{"title":"Corruption as a Violation of Human Rights, Economic, Social and Cultural Human Rights Perspective","authors":"Hady Poerwanto, Joko Setiyono, None Sunardi","doi":"10.32996/ijlps.2023.5.1.14","DOIUrl":null,"url":null,"abstract":"This study aims to analyze corruption as a violation of economic, social and cultural rights from a human rights perspective. The crime of corruption has been categorized as an extraordinary crime because corruption is not only detrimental to the state's finances but has also been a violation of the social and economic rights of the community. The research technique in this paper is a normative juridical type, and the research approach used is the statute approach. Based on this, it can be seen that there is a link between corruption and human rights violations, namely the basic social and economic rights of the community. The results of the study indicate that there is a relationship between corruption and human rights violations. Corruption is categorized as a violation of human rights if the consequences of corruption intersect with human rights that are harmed, so human rights violations caused by acts of corruption crimes should be taken into consideration by judges in their decisions because judges' considerations must be comprehensive in order to realize an ideal decision, namely a decision that reflects the values ​​of justice, certainty, and legal expediency.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"70 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"International journal of law and politics studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.32996/ijlps.2023.5.1.14","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

Abstract

This study aims to analyze corruption as a violation of economic, social and cultural rights from a human rights perspective. The crime of corruption has been categorized as an extraordinary crime because corruption is not only detrimental to the state's finances but has also been a violation of the social and economic rights of the community. The research technique in this paper is a normative juridical type, and the research approach used is the statute approach. Based on this, it can be seen that there is a link between corruption and human rights violations, namely the basic social and economic rights of the community. The results of the study indicate that there is a relationship between corruption and human rights violations. Corruption is categorized as a violation of human rights if the consequences of corruption intersect with human rights that are harmed, so human rights violations caused by acts of corruption crimes should be taken into consideration by judges in their decisions because judges' considerations must be comprehensive in order to realize an ideal decision, namely a decision that reflects the values ​​of justice, certainty, and legal expediency.
腐败是对人权的侵犯:经济、社会和文化人权视角
本研究旨在从人权的角度分析腐败对经济、社会和文化权利的侵犯。腐败犯罪被归类为特殊犯罪,因为腐败不仅危害国家财政,而且侵犯了社区的社会和经济权利。本文的研究方法为规范性法律类型,研究方法为成文法方法。基于此,可以看出,腐败与侵犯人权,即社区的基本社会和经济权利之间存在联系。研究结果表明,腐败与侵犯人权之间存在着某种关系。如果腐败的后果与受到损害的人权相交叉,那么腐败就被归类为侵犯人权,因此,腐败犯罪行为造成的侵犯人权行为在法官的判决中应该加以考虑,因为法官的考虑必须是全面的,才能实现理想的判决,即体现正义、确定性和法律权宜之计等价值观的判决。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
求助全文
约1分钟内获得全文 求助全文
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信