International Human Rights and Local Courts

International Human Rights and Local Courts
Author: Aksel Tømte
Publisher: Taylor & Francis
Total Pages: 196
Release: 2024-04-29
Genre: Law
ISBN: 1040022820

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This book addresses the technicalities of how international human rights law can be applied at the domestic level through a case study of the human rights methodology of the Indonesian judiciary. Numerous international human rights treaties have been ratified by States parties all around the world. However, local implementation has proven a difficult task for national authorities with every State struggling to realize rights to varying degrees. This reveals a gap between the standards of human rights as envisaged by the law and those experienced by rights holders at the local level. This work analyses how Indonesian courts interpret and apply human rights. It discusses the position of human rights within specific areas of Indonesian law: constitutional law, criminal law and private law. It analyses how courts have dealt with specific cases within these fields of law. Its key contribution lies in its detailed attention to the role of the Indonesian judiciary in implementing human rights, as well as to the influence of international law, and the role that actors other than the judiciary play in this process. It also incorporates international comparative perspectives. The book will be of particular interest to human rights scholars concerned with national judiciaries’ role in human rights implementation, and to scholars, judges, civil society actors and legal practitioners working with law and human rights in Indonesia.

Treaties Under Indonesian Law

Treaties Under Indonesian Law
Author: Dr. Iur. Damos Dumoli Agusman
Publisher: Rosda
Total Pages: 565
Release: 2015-10-01
Genre: Law
ISBN: 9796925974

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Buku ini meneliti masalah perjanjian di bawah hukum internasional dalam hubungannya dengan hukum domestik, buku ini terutama ditujukan untuk siswa, legislator dan praktisi hukum yang tertarik menegakkan hukum internasional di Indonesia. Buku ini semakin menarik karena berisi analisis komparatif dari negara-negara yang dipilih: China, Afrika Selatan, Jerman dan Belanda. Buku Persembahan Penerbit Rosda

Social Institutions and International Human Rights Law

Social Institutions and International Human Rights Law
Author: Julie Fraser
Publisher: Cambridge University Press
Total Pages: 339
Release: 2020-08-06
Genre: Law
ISBN: 1108489575

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Critiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.

Indonesia, Law and Society

Indonesia, Law and Society
Author: Timothy Lindsey
Publisher: Federation Press
Total Pages: 756
Release: 2008
Genre: Law
ISBN: 9781862876606

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Since the first edition, Indonesia has undergone massive political and legal change as part of its post-Soeharto reform process and its dramatic transition to democracy. This work contains 25 new chapters and the 4 surviving chapters have all been revised, where necessary. Indonesia: Law and Society now covers a broad range of legal fields and includes both historical and very up-to-date analyses and views on Indonesian legal issues. It includes work by leading scholars from a wide range of countries. There is still no comparable, English language text in existence.

Indonesian Law

Indonesian Law
Author: Tim Lindsey
Publisher: Oxford University Press
Total Pages: 577
Release: 2018-09-06
Genre: Law
ISBN: 0191665568

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Indonesia has a growing population of almost 300 million people, it is increasingly involved in world affairs, and has a booming economy. The need to better understand its unique, complex, and often obscure legal system, has become pressing. This is true across a wide range of sectors including, but not limited to, trade and investment, crime and terrorism, and human rights. Indonesia's democratization after the fall of Soeharto in 1998 triggered massive social and political changes that opened up this diverse, and formerly tightly-controlled, society. Law reform was a key driver of Indonesia's transformation and its full effect remains to be seen. This book offers clear and detailed explanations of the foundations of Indonesia's legal system in the context of its legal reform and rapid development. It offers succinct commentaries on a wide range of issues, examining the judicial process, the constitution, corruption and the court system, contract law, administrative law, foreign investment, taxation, Islamic law, and family law. It examines current substantive law and judicial interpretation and presents case studies of how the system operates in practice. Written in an accessible and engaging style, this book is an essential guide for readers seeking quick and clear answers to questions regarding the law and its application in Indonesia.

In Search of Human Rights

In Search of Human Rights
Author: T. Mulya Lubis
Publisher:
Total Pages: 350
Release: 1993
Genre: Political Science
ISBN:

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A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia

A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia
Author: Hao Duy Phan
Publisher: Martinus Nijhoff Publishers
Total Pages: 288
Release: 2012-02-03
Genre: Law
ISBN: 9004222170

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This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of non-interference and the “ASEAN Way” still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection. This book suggests a selective approach to establish a human rights court for Southeast Asia. It posits that a group of nations within Southeast Asia may be more willing to consider the possibility of a stronger human rights mechanism. It investigates the challenges to and the feasibility of such a proposal. Furthermore, it examines the design of the three existing regional human rights courts in Europe, the Americas, and Africa, and compares the rationales for those institutional designs with the specific context of Southeast Asia. A human rights court for all ASEAN members may not be possible at this time, but a court for some nations in the region is feasible and worth exploring. The path towards this goal is never an easy one; however, the region possesses the necessary conditions to gradually translate that goal into reality.

Legal Writings Anthology Vol-9

Legal Writings Anthology Vol-9
Author: Prof. Dr. O.C. Kaligis, S.H., M.H.
Publisher: Penerbit Alumni
Total Pages: 440
Release: 2021-04-20
Genre: Law
ISBN:

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This book is written due to the request of numerous parties, institutions and organizations that wishes to know about Indonesian legal system and legal framework. I have published numerous books in the form of ‘Legal Anthology’, but most of them are in Indonesian, with numerous English legal writings scattered in those numerous anthology legal writings. In this particular book (volume 9), all of the English legal writings (in volume 1 to 8) that I have written are specially compiled in a systematic manner. I hope that the publication of this book will help foreign lawyers and institution to have insight and gain knowledge of Indonesian legal system and also exposure to my firm’s legal work. I would like to thanks Ms. Haghia Sophia Lubis S.H., LL.M. for helping me in editing this particular book. This book is written with the help of numerous parties whom which I might not have mentioned, and for that I would like to apologize. It is my sincere aim that this book will help the development of Indonesian legal system and foster relationship and understanding between countries that intends to cooperate in legal matters with Indonesia.