The Easta Journal Law and Human Rights最新文献

Legal Analysis of The Impact of Industrial Development on The Environment 工业发展对环境影响的法律分析

The Easta Journal Law and Human Rights Pub Date : 2023-06-30 DOI: 10.58812/eslhr.v1i03.84

Armansyah, Ujang Badru Jaman

{"title":"Legal Analysis of The Impact of Industrial Development on The Environment","authors":"Armansyah, Ujang Badru Jaman","doi":"10.58812/eslhr.v1i03.84","DOIUrl":"https://doi.org/10.58812/eslhr.v1i03.84","url":null,"abstract":"The environment is something that cannot be separated from human life. Because where someone lives, another environment is created and vice versa. The industry is a sectoral economy or activity that involves the processing of raw materials or the production of products, i.e., the use of skills and labor in the factory and the use of field tools to process the results on the ground and distribute them as the main work. Therefore, as an eye chain, the industry is also responsible for meeting land-related (economic) needs, i.e., agriculture, cultivation, and mining. To place the sector far from the country, the basis of economy, culture, and politics. Study law is carried out in a manner juridical normative is Conceptual research as what is written in regulation legislation or law conceptualized as a rule or the norm, which is benchmark behavior considered human deserves. Study law normative This is based on material primary and secondary laws, i.e., referring research to existing norms in regulation legislation. Development is a planned change process as one effort man in increasing the quality of his life. However, the development industry in Indonesia has a significant impact on the environment, resulting in pollution, damage to the climate forests, and depletion of source Power nature. The impact development industry on the environment in Indonesia has been attention for many years. This leads to an increased need for measures and legislation to reduce the negative impact of industrial development on the environment.","PeriodicalId":405973,"journal":{"name":"The Easta Journal Law and Human Rights","volume":"51 15","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114006367","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: 28

Promoting Economic, Social, and Cultural Rights: Challenges and Opportunities in International Human Rights Law 促进经济、社会和文化权利:国际人权法中的挑战与机遇

The Easta Journal Law and Human Rights Pub Date : 2023-06-30 DOI: 10.58812/eslhr.v1i03.92

Y. Runtunuwu, Indra Tjahyadi

引用次数: 2

The Role of International Human Rights Norms in Combating Discrimination and Promoting Equality 国际人权规范在打击歧视和促进平等方面的作用

The Easta Journal Law and Human Rights Pub Date : 2023-06-30 DOI: 10.58812/eslhr.v1i03.90

Irsyad Dhahri

{"title":"The Role of International Human Rights Norms in Combating Discrimination and Promoting Equality","authors":"Irsyad Dhahri","doi":"10.58812/eslhr.v1i03.90","DOIUrl":"https://doi.org/10.58812/eslhr.v1i03.90","url":null,"abstract":"\u0000\u0000\u0000This research explores the role of international human rights norms in combating discrimination and promoting equality in Indonesia. This paper examines the influence of international human rights norms on legal and policy reform, the implementation of these norms in addressing discrimination, and their overall effectiveness in the Indonesian context. Its theoretical framework includes an intersectionality approach to discrimination and recognizes the social construction of discriminatory practices. The study used a mixed methods approach, including literature review, legal framework analysis, and case studies, to provide a comprehensive analysis. Its findings show significant alignment between international human rights norms and Indonesia's legal framework. However, there are still challenges in its implementation due to limited awareness, cultural barriers, weak institutional capacity, and regional variations. The study concludes by emphasizing the importance of raising awareness, overcoming cultural barriers, and strengthening institutional capacity to strengthen the role of international human rights norms in combating discrimination and promoting equality in Indonesia.\u0000\u0000\u0000","PeriodicalId":405973,"journal":{"name":"The Easta Journal Law and Human Rights","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131751769","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

The Contextualization of The Teachings of Islamic Law in The Legal World in Indonesia 伊斯兰教法在印尼法律界的语境化

The Easta Journal Law and Human Rights Pub Date : 2023-06-30 DOI: 10.58812/eslhr.v1i03.85

Article Info

引用次数: 0

The Impact of Global Human Rights Advocacy on State Practices: A Multi-Country Study 全球人权倡导对国家实践的影响:一项多国研究

The Easta Journal Law and Human Rights Pub Date : 2023-06-30 DOI: 10.58812/eslhr.v1i03.93

F. Pijoh

{"title":"The Impact of Global Human Rights Advocacy on State Practices: A Multi-Country Study","authors":"F. Pijoh","doi":"10.58812/eslhr.v1i03.93","DOIUrl":"https://doi.org/10.58812/eslhr.v1i03.93","url":null,"abstract":"This study investigates the influence of international human rights advocacy on state practices in Indonesia and Malaysia. The research uses a mixed methods approach, combining quantitative analysis of human rights indicators and qualitative analysis of case studies and interviews. The findings show successes and challenges in the relationship between advocacy efforts and state behavior in both countries. The quantitative analysis shows improvements in certain areas, such as gender equality in Indonesia and legislative reform in Malaysia, while challenges remain in terms of freedom of expression, religious freedom, and minority rights. The qualitative analysis provides deeper insights, highlighting the important role of advocacy in raising awareness, promoting accountability, and pressuring governments to address human rights violations. However, barriers to effective implementation exist due to political resistance and societal divisions. A comparative analysis between Indonesia and Malaysia shows similarities and differences, with Indonesia showing a greater response to reform and Malaysia showing resistance that limits freedoms. This research contributes to the field by emphasizing the need for context-specific analysis and tailored approaches to address human rights challenges.","PeriodicalId":405973,"journal":{"name":"The Easta Journal Law and Human Rights","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126852945","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

Ensuring the Rights of Indigenous Peoples: International Legal Standards and National Implementation 确保土著人民的权利:国际法律标准和国家执行

The Easta Journal Law and Human Rights Pub Date : 2023-06-30 DOI: 10.58812/eslhr.v1i03.89

Gusniarjo Mokodompit, Suprijati Sarib, Sabil Mokodenseho, Zulfikri Darwis, Madinah Mokobombang

{"title":"Ensuring the Rights of Indigenous Peoples: International Legal Standards and National Implementation","authors":"Gusniarjo Mokodompit, Suprijati Sarib, Sabil Mokodenseho, Zulfikri Darwis, Madinah Mokobombang","doi":"10.58812/eslhr.v1i03.89","DOIUrl":"https://doi.org/10.58812/eslhr.v1i03.89","url":null,"abstract":"\u0000\u0000\u0000This research explores the guarantee of indigenous peoples' rights in indigenous territories in West Java, focusing on international legal standards and their implementation at the national level. The research used a mixed-methods approach, combining qualitative and quantitative methods. Through document analysis, surveys and interviews with key stakeholders, the research examines the legal and policy framework, challenges and opportunities related to indigenous peoples' rights in the region. The findings highlight issues such as land rights, cultural preservation, and political participation. While there are legal provisions in place, their practical implementation faces challenges such as conflicting land tenure systems, limited recognition of customary land rights, and lack of consultation and participation of indigenous peoples. This research emphasizes the need for effective implementation of international legal standards, capacity building, and empowerment of indigenous peoples. The findings contribute to the understanding of indigenous peoples' rights in West Java and provide insights for policy makers, indigenous peoples, and other stakeholders involved in protecting indigenous peoples' rights.\u0000\u0000\u0000","PeriodicalId":405973,"journal":{"name":"The Easta Journal Law and Human Rights","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132381380","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: 4

Protecting Civil and Political Rights: Comparative Analysis of International Human Rights Mechanisms 保护公民权利和政治权利:国际人权机制的比较分析

The Easta Journal Law and Human Rights Pub Date : 2023-06-30 DOI: 10.58812/eslhr.v1i03.94

Adelila Sari, Amtai Alaslan

{"title":"Protecting Civil and Political Rights: Comparative Analysis of International Human Rights Mechanisms","authors":"Adelila Sari, Amtai Alaslan","doi":"10.58812/eslhr.v1i03.94","DOIUrl":"https://doi.org/10.58812/eslhr.v1i03.94","url":null,"abstract":"This research conducts a comparative analysis of international human rights mechanisms to examine their effectiveness in protecting civil and political rights. The research aims to assess the strengths, limitations and contributions of various international mechanisms in protecting these fundamental rights. Part of the study process included a thorough analysis of international human rights treaties, agreements, reports, and case law from regional and international human rights organizations. The focus of the examination is on contrasting the mandates, responsibilities, and management styles of important international human rights institutions, including the Inter-American Commission on Human Rights, the European Court of Human Rights, and the UN Human Rights Council. These international organizations use a variety of tactics and resources to safeguard civil and political rights, which are made evident in its conclusions. The report lists common problems that these systems encounter, such as poor enforcement capacities, disparities in membership and participation, and the potential impact of political interests on decision-making processes. It also looks at how these processes have helped advance civil and political rights all throughout the world. The article discusses significant cases and rulings that have helped establish international and state standards for human rights legislation.","PeriodicalId":405973,"journal":{"name":"The Easta Journal Law and Human Rights","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114140838","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

Examining the Role of International Human Rights Tribunals in Promoting Accountability for Human Rights Violations 审查国际人权法庭在促进对侵犯人权行为问责方面的作用

The Easta Journal Law and Human Rights Pub Date : 2023-06-30 DOI: 10.58812/eslhr.v1i03.87

Yolanda Mona Salainti

{"title":"Examining the Role of International Human Rights Tribunals in Promoting Accountability for Human Rights Violations","authors":"Yolanda Mona Salainti","doi":"10.58812/eslhr.v1i03.87","DOIUrl":"https://doi.org/10.58812/eslhr.v1i03.87","url":null,"abstract":"\u0000\u0000\u0000This study investigates the crucial role of international human rights courts in advancing accountability for human rights abuses. Its primary objective is to evaluate the effectiveness of these tribunals in holding accountable those — individuals, states, and non-state actors are to blame for major human rights violations. As part of the research methodology, relevant literature, case studies, and legal decisions from international human rights tribunals are thoroughly examined. The International Criminal Court (ICC), the International Court of Justice, and local human rights courts are all part of this. The scope of the investigation includes War crimes, genocide, and crimes against humanity, torture, and enforced disappearances. The findings underscore the substantial contribution made by international human rights courts in ensuring justice, truth-seeking, and redress for victims of human rights abuses. These tribunals have played a pivotal role in establishing legal precedents, clarifying the extent of human rights obligations, and fostering international cooperation to address impunity. The study also explores the challenges confronted by international human rights courts, including limited jurisdiction, enforcement capacity, and political opposition. Additionally, it examines potential synergies between international tribunals and national justice systems to strengthen accountability mechanisms at both the international and domestic levels. The findings of this study have significant implications for policymakers, individuals who advocate for human rights, and those who work in the legal field because they highlight the importance of a powerful and independent international human rights court in promoting accountability and providing justice for victims of human rights violations all over the world.\u0000\u0000\u0000","PeriodicalId":405973,"journal":{"name":"The Easta Journal Law and Human Rights","volume":"208 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133420662","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

The Influence of International Human Rights Instruments on Domestic Legislation: A Comparative Study of Four Countries 国际人权文书对国内法的影响:四个国家的比较研究

The Easta Journal Law and Human Rights Pub Date : 2023-06-30 DOI: 10.58812/eslhr.v1i03.86

Joupy Mambu, Novita Marven Mongdong

引用次数: 0

Implementation of Law Enforcement in Environmental Aspects By Undang-undang Number 6 Year 2023 Undang-undang第6号- 2023年环境执法的实施情况

The Easta Journal Law and Human Rights Pub Date : 2023-06-30 DOI: 10.58812/eslhr.v1i03.83

Deni Yusup Permana, Karmenita, N. Rahmat

{"title":"Implementation of Law Enforcement in Environmental Aspects By Undang-undang Number 6 Year 2023","authors":"Deni Yusup Permana, Karmenita, N. Rahmat","doi":"10.58812/eslhr.v1i03.83","DOIUrl":"https://doi.org/10.58812/eslhr.v1i03.83","url":null,"abstract":"The abstract addresses the low awareness of environmental conservation in Indonesia, as showed by the Environmental Performance Index 2022 (EPI) report. Based on Undang-undang Number 6 Year 2023, this study seeks to investigate the use of law enforcement in environmental elements. The research method involves a literature study approach and a normative juridical approach. The results and discussion highlight the regulations and articles in Undang-undang Number 6 Year 2023 related to environmental law enforcement, including law enforcement authorities, administrative and criminal sanctions, and dispute resolution mechanisms. The implementation of good law enforcement can positively affect environmental protection and preservation. However, improper implementation may lead to negative consequences, such as the criminalization of people living near protected environmental areas. The study emphasizes the role of law enforcement agencies in the implementation of Undang-undang Number 6 Year 2023 and the control and prevention of environmental damage through licensing mechanisms. It also stresses the importance of protecting people's rights in a healthy and sustainable environment. The conclusion emphasizes the need for increased awareness, commitment, and effective environmental law enforcement mechanisms to address environmental problems and prioritize sustainable development in Indonesia.","PeriodicalId":405973,"journal":{"name":"The Easta Journal Law and Human Rights","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131364350","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