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Freedom Of Speech and Human Rights: What Can Civic Education Do?
Get PDFPancasila and Citizenship Education can be considered as a way to improve citizens’ opinions. This research is a critical literature review of 40 articles from 2017 to 2022 and focuses on research progress on freedom of expression. The formulation and findings of this study indicated that the practice of freedom of expression in Indonesia has been regulated by law, but in some aspects, it is subject to restrictions. People are often act uncontrollably and abuse their freedom of speech. The impact of the existence of freedom of expression is that people can express themselves but must remain in the corridor of respecting the rights of others and actively participate in providing constructive suggestions for the state. Thus, this study concludes that freedom of expression must be balanced with good delivery procedures, citizenship and civility in expressing opinions is a cultural challenge that must be resolved to build healthy freedom of speech. Citizens’ civility for opinion and expression is recommended as one of the crucial issues that should be discussed and developed in Pancasila and Citizenship Education and as well as for inclusive education program.Humans have basic rights to life, one of which is freedom of opinion. Democracy guarantees the freedom of its citizens to express their opinion. However, in the practice of freedom of expression, several problems were found related to ethics of opinion and restrictions on freedom of expression. This study aims to analyze the practice of freedom of expression and its relation to human rights, the impact of freedom of expression, and the role of PPKn in improving civic civility in expressing opinions. This research is a critical literature review reviewing 40 articles from 2017 to 2022 and focuses on research progress on freedom of expression. The formulation and findings of this study are that the practice of freedom of expression in Indonesia has been regulated by law, but in some aspects, it is subject to space restrictions. People are often uncontrolled and abuse their freedom of expression. The impact of the existence of freedom of expression is that people can express themselves but must remain in the corridor of respecting the rights of others, and actively participate in providing constructive suggestions for the state. Thus, this study concludes that freedom of expression must be balanced with good delivery procedures, citizenship in expressing opinions is a cultural challenge that must be resolved to build healthy freedom of opinion. Citizens' civility for opinion and expression is recommended to be one of the crucial issues that should be discussed and developed in Pancasila and Citizenship Education and is also recommended for inclusive education program plans
Improving the Quality of Public Services through Bureaucratic Reformation: Human Right Perspectives
Get PDFThis article discusses Bureaucratic Reform from the Perspective of Human Rights in improving the quality of public services. Bureaucratic Reform is a process of change that is carried out in stages, systematically, and continuously. It aims to create clean governance, improving public services, capacity, and accountability of bureaucratic performance and professionalism of Human Resource Apparatus. This process can be seen as a change from the current condition to the targeted condition within the scope of Bureaucratic Reform. There are several problems faced in improving maximum public services, including 1) transactions leadership, 2) adaptive organizational structure, 3) weak policy implementation, 4) inefficient organizational structure and management, 5) unclear service systems and strategies, 6) corrupt organizational behavior; 7) lack of transparency. In order to solve problems in the government bureaucracy, it is necessary to reform its structure and work culture. If bureaucratic reform in services is successfully implemented, public service bureaucratic reformation will achieve the expected goals, including: an increase in public respect for government performance as a service provider, a decrease or even elimination of public authority abuse by officials in the agencies concerned; realization of a country that has the most-improved bureaucracy and improves the quality of each service sector to the public.This article discusses Bureaucratic Reform from the Perspective of Human Rights in improving the quality of public services. Bureaucratic Reform is a process of change that is carried out in stages, systematically, and continuously. It aims to create clean governance, improving public services, capacity, and accountability of bureaucratic performance and professionalism of Human Resource Apparatus. This process can be seen as a change from the current condition to the targeted condition within the scope of Bureaucratic Reform. There are several problems faced in improving maximum public services, including 1) transactions leadership, 2) adaptive organizational structure, 3) weak policy implementation, 4) inefficient organizational structure and management, 5) unclear service systems and strategies, 6) corrupt organizational behavior; 7) lack of transparency. In order to solve problems in the government bureaucracy, it is necessary to reform its structure and work culture. If bureaucratic reform in services is successfully implemented, public service bureaucratic reformation will achieve the expected goals, including: an increase in public respect for government performance as a service provider, a decrease or even elimination of public authority abuse by officials in the agencies concerned; realization of a country that has the most-improved bureaucracy and improves the quality of each service sector to the public
Immigration Biometric Data Exchange Among Asean Member States: Opportunities and Challenges in Legislations
Get PDFBiometric data can be described as data containing human physical characteristics. They can be in the form of fingerprint data, retina scans, and voice recognition. The application of biometrics for immigration purposes reduce the number of terrorism case and illegal migrants in the European Union (EU) territory and the United States. In 2013, biometric data exchange in ASEAN was made possible with the Bali Process Protocol. By a qualitative research methodology, using the CIPP (Context, Input, Process, and Product) analysis, this research attempts to find the legal obstacles as the main barriers in implementing biometric data exchange in the ASEAN region. This study finds that not all ASEAN countries have laws on personal data protection, which affect the Standard Operating Procedures (SOP) related to how the biometric data will be retrieved, processed, and managed, as well as the actions required if there is a violation of the law related to the SOP. This study suggests that ASEAN can accommodate the EU’s framework, by using the General Data Protection Regulation (GDPR) as a single standard in the application of Data Protection regulations for the biometric data exchange system in ASEAN.
Legal Protection of Kid Influencers from Child Exploitation
Get PDFAdvances in information technology and improvements to internet network infrastructure make it easier for everyone to work and obtain information. There has been an adaptation of marketing techniques using influencer marketing, so the influencer profession is known. Unfortunately, to get marketing targets aimed at children, kid influencer services are a form of influencer marketing. Children are considered unable to make decisions about themselves. The roles of various parties are needed so that kid influencers can avoid acts of exploitation because the use or direction of children’s energy as kid influencers sacrifices children’s development both emotionally and physically. This article is to find out the fulfillment of children’s rights so that they can live, grow, develop, and participate optimally by human dignity and protection from violence and discrimination. This article uses a normative juridical approach, analyzed qualitatively. Based on literature study regarding legal protection, Indonesia ratified the United Nations Convention on the Rights of the Child with the Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child; Amendment to the 1945 Constitution by including Article 28B Paragraph (2); and Law Number 23 of 2002 concerning Child Protection. It is hoped that all related parties will prioritize programs that protect children from exploitation in the implementation of all Child Protection instruments
Realitas Masyarakat Papua dalam Distorsi Representasi Media: Analisis Media Baru
Get PDFMedia portrayals towards minorities result in implications towards how society as a whole views them. This paper questions how the media representation of Papua reflects the reality of their socio-political situation and what the implications of said representations are. Based on secondary data analysis towards Indonesian media's portrayals of Papua, including but not limited to its' constituents and environment, this paper seeks to understand based on new media theories of social reality how the media portrayals of Papua have impacts towards the socio-political experience of Papuans in Indonesians, and Indonesians towards Papuans. The results obtained by the analysis indicate that media employs stereotypical and surface level portrayals of Papua in a way that dismisses the structural issues Papuans are facing. Those results show that media representation plays an integral part towards manufacturing discrimination towards Papuans, leading towards this paper’s recommendations that calls for increased pressure towards demanding that the damages caused by false media portrayals of Papua were to be rectified by responsible parties.Pemberitaan kelompok minoritas dalam media menghasilkan implikasi terhadap bagaimana suatu masyarakat memahami kelompok tersebut. Paper ini mempertanyakan bagaimana representasi media terhadap Papua merefleksikan kenyataan kondisi sosio-politik dari masyarakat Papua dan implikasi dari pemberitaan tersebut. Menggunakan teori media baru, paper ini melakukan analisis berbasis data sekunder terhadap pemberitaan masyarakat dan lingkungan Papua. Hasil analisis menghasilkan penjelasan dari bagaimana gambaran Papua yang dihasilkan media mempengaruhi pengalaman sosio-politik antara masyarakat Papua dengan masyarakat lain di Indonesia. Kesimpulan analisis artikel ini mengindikasikan bahwa pemberitaan pengalaman masyarakat Papua menyembunyikan dan mengabaikan permasalahan struktural yang dialami masyarakat Papua oleh perlakuan negara. Penemuan ini menunjukkan bahwa refleksi media sangat berperan dalam menghasilkan diskriminasi terhadap masyarakat Papua. Berdasarkan penemuan tersebut, rekomendasi dari paper ini mendorong negara untuk bertanggung jawab dalam mengendalikan representasi masyarakat Papua
Controversy of Presidential Decrees in a State of Emergency in Indonesia: Case Study of The Decrees of President Soekarno And President Abdurrahman Wahid
Get PDFThe debate of the decrees of President Soekarno and President Abdurrahman Wahid regarding the constitutional and unconstitutional presidential decree in emergency constitutional law continues to be a controversy that does not end until now because it is still being discussed related to the situation. This paper discusses 2 (two) phenomenal decrees related to constitutional or unconstitutional in terms of emergency constitutional law. By using normative juridical research methods. The approaches used are the statutory approach, the conceptual approach, and the historical approach. This paper discusses 3 (three) main findings, among others: First, the Presidential Decree is de facto and de jure motivated by no recognition of political action or legal action; Second, the decree is formally regulated in Article 12 and Article 22 of the Constitution of the Republic of Indonesia because in the 1945 Constitution it is regulated that if the country is in a state of danger, the president can make decisions in accordance with the authority regulated by laws and regulations; and Third, The decree can be said to be unconstitutional because it is not in accordance with the Indonesian constitution. The decree is not regulated by Indonesian legislation so that formation is considered unconstitutional because it cannot be based on law. However, in the emergency constitutional law, this situation becomes normal because the emergency constitutional law does not use legislation as usual when the country is in normal condition
Reviewing Constitutional Court Decision Number 91/PUU-XVIII/2020 Regarding Formal Review of Job Creation Act: a Progressive Law Perspective
Get PDFThe Constitutional Court Decision Number 91/PUU-XVIII/2020 states that the Job Creation Act has a formal defect and must be corrected within 2 (two) years since the decision was pronounced. The a quo decision created a discourse in the community regarding the enforcement status of the Job Creation Act. This paper tried to review constructively using the perspective of progressive law and judicial proportionality in finding solutions and balances. This paper used a normative juridical research method, with a conceptual, case, and legislation approach. Progressive law in Satjipto Rahardjo's perspective has four criteria. The first has a big goal in the form of human welfare and happiness. Second, contains very good human moral content. Third, progressive law is a "liberating law" which includes a very broad dimension that does not only move in the realm of practice but also theory. Fourth, it is critical and functional, because it does not stop reviewing existing deficiencies and finding ways to improve them. Meanwhile, the principle of proportionality emphasizes the alignment of goals to be achieved, rational relationships, steps that must be taken, and the feasibility between the benefits obtained in realizing the goals to be achieved and the losses suffered against constitutional rights. Based on this explanation, it can be concluded that the Constitutional Court Decision Number 91/PUU-XVIII/2020 is in line with the concept of progressive law and tried to find out a middle way through a judicial proportionality approach by considering the smallest potential loss from the issuance of the decision
Evaluasi Kebijakan Cap Elektronik Keimigrasian, Data Biometrik, dan Mesin Autogate Dalam Konsep Geopolitik
Get PDFImmigration Border Control (TPI) at Bali Ngurah Rai Airport adopts electronic entry sticker, biometric data collection, and autogate machines called the Immigration Movement Application System (APK). The system is equipped with a scanner that records facial biometric data and fingerprints of foreigners upon arrival. However, there are problems in implementing this system at the related TPI. This study evaluates immigration inspection policies, especially the process of taking biometric data, giving electronic entry stamps, and autogate machines at TPI Ngurah Rai Airport. This research uses qualitative research method with a public policy evaluation approach based on observations and document analysis. The results of this research show that the concept of biometric border control at TPI is not fully relevant to the concepts in the international provisions of ICAO Doc 9303 and ICAO TRIP Guide 2018. The Ministerial Regulation Number 28 of 2018 on Immigration Stamp and Circular Letter No. IMI.1-UM.01.01-5.7755 needs to be evaluated and revised to include four stages of checking with electronic stamps and system synchronization with autogate machines. This immigration clearance model at TPI applies a geopolitical concept that focuses on territorial/regional borders rather than a biopolitical concept that focuses on security risks for individuals.Pemeriksaan keimigrasian di Tempat Pemeriksaan Imigrasi (TPI) Bandara Ngurah Rai Bali menerapkan cap elektronik berupa stiker, pemindaian data biometrik, dan mesin autogate. Sistem Aplikasi Perlintasan Keimigrasian (APK) ini dilengkapi alat pemindai biometrik untuk merekam data biometrik wajah dan sidik jari orang asing pada saat kedatangan. Namun, terdapat persoalan dalam implementasi pemeriksaan keimigrasian dengan data biometrik, cap elektronik, dan mesin autogate di TPI tersebut. Penelitian ini mengevaluasi kebijakan pemeriksaan keimigrasian secara spesifik terhadap pengambilan data biometrik, pemberian cap keimigrasian elektronik, serta mesin autogate di TPI Bandara Ngurah Rai. Riset ini menggunakan metodologi penelitian kualitatif dengan pendekatan evaluasi kebijakan publik dengan observasi lapangan dan studi dokumen. Hasil riset menunjukkan bahwa konsep pemeriksaan perbatasan biometrik (biometric border control) belum seluruhnya selaras dengan konsep pada ketentuan internasional ICAO Doc 9303 dan ICAO TRIP Guide 2018. Peraturan Menteri Hukum dan HAM No. 28 Tahun 2018 tentang Cap Keimigrasian serta Surat Edaran No. IMI.1-UM.01.01-5.7755 perlu dievaluasi dan direvisi untuk memuat empat tahap pemeriksaan dengan cap elektronik serta sinkronisasi kesisteman dengan mesin autogate. Model pemeriksaan keimigrasian di TPI ini menerapkan konsep geopolitik yang berfokus pada perbatasan teritorial/wilayah bukan konsep biopolitik yang berfokus pada risiko keamanan di setiap individu
Problem Analysis of Working Refugees in Makassar City
Get PDFThe refugee problem in Makassar City happens to the working refugee. Some of them work as barbers in a barbershop and as construction workers. The refugees who work are often caught in raids conducted by the Makassar immigration detention center (Rudenim) as a part of supervisory duties. By working, refugees are found guilty of violatin g the Regulation of the Director General of Immigration Number IMI-0352.GR.02.07 of 2016. This paper contains an analysis of the questions that arise regarding the problems of working refugees. For example, what are the rules that refugees must obey? What are the forms of supervision for refugees in Indonesia? What are the main problems experienced by refugees that caused them to violate the prohibition to work? The purpose of writing this paper is to find out the regulation that must be obeyed by refugees and the form of supervision for them who temporarily stay in Indonesia. In addition, this paper also aims to analyze the forms of violations committed by the refugees. This study used qualitative approach to analyze primary and secondary legal materials. The results of the study show that one of the rules that must be obeyed by refugees who temporarily stay in Indonesia is the prohibition of doing any activities to earn wages. The form of supervision is carried out by re-examining the identity and documents of refugees and asking for information as outlined in the examination official report. As a suggestion regarding the management of refugees, the Makassar Rudenim can do refugee monitoring more intensively and provide reporting space for citizens who have information related to violations committed by the refugees
Power Oligarchy: The Game of Cartel in Cooking Oil Scarcity
Get PDFAllegations related to the cartel arise every time Indonesia experiences a shortage of cooking oil. The study aims to discuss the causes of the scarcity of cooking oil in Indonesia. Is it because of Permendagri Number 06 of 2022 or because of a cartel or is it caused by an artificial scarcity made by a syndicate? And whether this cartel and scarcity have anything to do with it. The study used qualitative research. The study uses normative or socio legal by analyzing relevant sources and news related to the scarcity of cooking oil. The results showed that the cause of the scarcity of cooking oil was the highest retail price which was marked by the issuance of Permendagri No. 6 of 2022, the law of one price which causes arbitrage, artificial scarcity by businessman, panic buying among the public, conditional sales and distribution problems. The relationship between the cartel and the scarcity of cooking oil lies in its complex and non-transparent distribution to consumers. The cartel group restrains the widely circulated cooking oil products with HRP because the businessman will lose out automatically if sold at HRP. Therefore, businessman withdraw products from the market and resulting in scarcity