scholarly journals Freedom and The Role of The Press on Law Enforcement Reviewed in The Perspective of Law Number: 40 Of 1999, Concerning The Press

2021 ◽  
Vol 1 (3) ◽  
Author(s):  
Satino Satino ◽  
Yuliana Yuli W ◽  
Iswahyuni Adil
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Good Life ◽  
Public Information ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
The Public ◽  
The Press ◽  
The Republic

Law Number 40 of 1999 concerning the Press is one of the legal regulations that have a role in efforts to realize a good life together. The struggle of the Indonesian press to achieve freedom was finally achieved after the enactment of Law Number 40 of 1999 concerning the Press. The purpose of this study is to find out how the freedom and role of the press in law enforcement are reviewed from the perspective of Law Number 40 of 1999, concerning the press. This study uses a sociological juridical method, the results of research conducted on real facts in society with the intent and purpose of finding facts, then proceeding with finding problems, ultimately leading to problem identification and leading to problem solving. The results of the research include the press trying to carry out its functions, rights, obligations, and roles, so the press must respect the human rights of everyone. The press has an important role in realizing Human Rights (HAM), as guaranteed in the Decree of the People's Consultative Assembly of the Republic of Indonesia Number: XVII/MPR/1998. Based on the results of the research above, it is necessary to uphold the freedom of the press in conveying public information in an honest and balanced manner and that freedom of the press is not absolute for the press alone, but to guarantee the rights of the public to obtain information. what happened in the context of realizing press freedom as contained in Law/040/1999 concerning the Press.

scholarly journals Freedom of the Press In the Scope of Human Rights

Rechtsidee ◽  
2014 ◽  
Vol 1 (1) ◽  
pp. 101
Author(s):  
Sri Ayu Astuti
Keyword(s):  
Human Rights ◽  
Public Space ◽  
Freedom Of Expression ◽  
The State ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
News Production ◽  
The Public ◽  
The Press ◽  
The Republic

Freedom of expression and press freedom is the embodiment of the recognition of human rights. Freedom of expression is also the existence of press to disclose the news with honesty and do not get a pressure to deliver the news to the public space, which in news production is known as a work of journalism. Now the  press has gained freedom of expression in the news production process which is guaranteed in the state constitution. Although Article 28 of the Constitution of the Republic of Indonesia 1945 does not point directly at the press, However, Article 28 F emphasis on processing and storage as well as ownership, excavations to information. It also contains provisions on the freedom of expression of others, which should be valued and respected. It shows equality for everyone in his position before the law in accordance with Article 27 1945 Constitution, which emphasizes the recognition of constitutional rights that belong to every person in the state of law in the Republic of Indonesia. Thus the press, which have freedom of expression in the writings of journalistic works are required to be responsible for the published news. So as not to face the legal issues and criminalization, then press should perform tasks and functions to enforce ethics as the precautionary principle when processing the news and broadcast it to the public space, as well as upholding human rights. How To Cite: Astuti, S. (2014). Freedom of the Press In the Scope of Human Rights. Rechtsidee, 1(1), 101-118. doi:http://dx.doi.org/10.21070/jihr.v1i1.96

Press Performance, Human Rights, and Private Power as a Threat

2011 ◽  
Vol 5 (2) ◽  
Author(s):  
C. Edwin Baker
Keyword(s):  
Human Rights ◽  
Legal Theory ◽  
Press Freedom ◽  
Magic Bullet ◽  
Market Failures ◽  
Free Press ◽  
Government Power ◽  
The Press ◽  
Private Power

The essay concerns the manner private power threatens the proper democratic role of the press or mass media. But first, Part I examines two preliminary conceptual matters involved in locating this discussion in the context of a conference on private power as a threat to human rights: 1) the relation of human rights to private power in general. This relation is complicated due to fact that human rights can themselves be seen as the assertion of private power against government or against collective power while, depending on how conceptualized, human rights can be improperly threatened by private power even while private power operates in a generally lawful manner; 2) involves the relation of press freedom and human rights. Here I argue that human rights are ill-conceived if offered as embodying any particular right in respect to the press—more specifically, I argue that a free press is not a human right—but argue instead that an ideal media order that is embodied in a broad conception of free press provides the soil in which human rights can flourish and the armor that offers them protection. Both government power and private power are necessary for and constitute threats to these supportive roles of a free press.Political-legal theory—or in constitutional democracies, possibly constitutional theory—should offer some guide to how the tightrope between government as threat and government as source of protection against private threats ought to be walked. That is, the goal is to find both proper limits on government power and proper empowerment of government to respond to private threats. Part II examines the variety of private threats to the proper role of the press. It focuses on two forms of threats: first, market failures that can be expected in relatively normal functioning of the market; second, problems related to the purposeful use of concentrated economic power. Responsive policies are multiple—no magic bullet but varying different governmental (as well as private) responses are appropriate. However, Part III illustrates this point by considering only two types of governmental policies, both of which I have recently been involved in advocating: first, government promotion of dispersal of concentrated power by means of ownership rules and policies; second, tax subsidies in the form of tax credits for a significant portion of journalists salaries as a means to correct for underproduction of journalism on theory that this journalism generally produces significant positive externalities.

scholarly journals Freedom of the press, inequality and environmental policy

2020 ◽  
Vol 25 (6) ◽  
pp. 537-560
Author(s):  
Inma Martínez-Zarzoso ◽  
Jennifer Phillips
Keyword(s):  
Environmental Kuznets Curve ◽  
Environmental Policies ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
Kuznets Curve ◽  
Environmental Standards ◽  
Linear Effect ◽  
The Press ◽  
Using Data

AbstractThis paper contributes to the literature on the determinants of environmental standards by studying the role of income inequality and freedom of the press. Given that evidence of the environmental Kuznets curve has only been found for some countries, it is thus crucial to investigate whether other factors besides income per capita levels may be affecting countries' decisions to pass environmentally-friendly legislation. We investigate the effects that inequality and freedom of the press have on environmental stringency for a sample of OECD and BRIICS countries and a global sample of 82 countries using data over the period 1994–2015. We hypothesize that the more unequal a society is, and the greater the oppression of the press is, the less stringent environmental policies are. The results partially confirm our hypothesis. In particular, lack of press freedom is negatively correlated with environmental stringency, whereas inequality shows a non-linear effect only for non-high-income countries.

scholarly journals Reformation issues of the Penal system in the Republic of Kazakhstan

2020 ◽  
Vol 2 (3) ◽  
pp. 168-175
Author(s):  
Marat Azhibaev
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Main Idea ◽  
International Standards ◽  
Penal System ◽  
The Public ◽  
Effective System ◽  
System 2 ◽  
Internal Affairs ◽  
The Republic

The article is devoted to the experience of the Republic of Kazakhstan in reforming the penal system by transferring it from the law enforcement to the civil block. Taking into account the world experience, the transfer of the penal system to a non-law enforcement structure, including one based on public-private partnership, seemed to be the most promising direction of the planned reform to humanize the domestic penal legislation. The main idea was that a Civil Agency, not associated with the tasks of protecting public order and fighting crime, will be able to ensure the planned implementation of the state policy on reforming the penal system. In 2002, correctional facilities were fully transferred to the Ministry of Justice of the Republic of Kazakhstan. But the events that took place further (a number of armed escapes with human victims) actually showed that the Ministry of Justice of the Republic of Kazakhstan did not cope with the task assigned to it, and the goal of reforming the penitentiary system was not achieved. By decree of the President of the Republic of Kazakhstan (adopted on 26.07.2011) “On the penitentiary system”, the penal system was again transferred to the Ministry of Internal Affairs of the Republic of Kazakhstan. Today, the penal system in Kazakhstan actually operates autonomously in the system of the Ministry of Internal Affairs, not subordinate to other services and departments. At the same time, according to the author, the transfer of the penal system to a Civil Agency will make it possible to increase the openness of this institution. In addition, this step will provide access to the real situation of human rights in places of detention for the public and supervisory authorities. However, domestic and foreign experience shows that the transfer of the penal system to civil departments, its isolation as a separate body does not guarantee its deep humanization and effective system reforms. Being inside the civil department, it actually continues to work on previously established practices, limiting it with cosmetic changes. Therefore, if the purpose of transferring the penal system or its divisions to other bodies is to comply with international standards and reduce criticism of human rights organizations, then this should not be done without a high-quality study. Based on the research, the author comes to the conclusion that in order to implement reforms in the penal system of the Republic of Kazakhstan, it is necessary to: 1) to develop a single comprehensive scientific and practical approach when reforming the penal system; 2) to conduct a qualitative study of the risks that may be associated with decisions taken within the framework of the reform; 3) implementation of foreign and international experience should be carried out only taking into account the specifics of national legislation and the structure of the state’s law enforcement system.

scholarly journals Peranan Advokat Dalam Pembelaan Hukum terhadap Terdakwa Korupsi di Pengadilan Tindak Pidana Korupsi pada Pengadilan Negeri Samarinda (Tinjauan Etika Profesi Hukum)

2019 ◽  
Vol 11 (2) ◽  
pp. 188
Author(s):  
Jaidun Jaidun
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Code Of Ethics ◽  
Legal Profession ◽  
Deterrent Effect ◽  
Legal Norms ◽  
The Public ◽  
Legal Provisions ◽  
The Republic

Smart and faithful people will never argue, that the State of the Republic of Indonesia is falling apart, debts mounting, to the point of reaching Rp. 4,000 (Four Thousand) Trillion is due to the crime of corruption that has taken root, curbed, thrived as if allowed to happen continuously. While law enforcement in this country does not provide a judicial verdict that has a deterrent effect for corruptors. It is difficult to understand in general, whether the legal verdict for corruption perpetrators by the Panel of Judges who hear and decide the case of corruption is influenced by the interference of fellow law enforcers ..., in this case, Advocates and Public Prosecutors (Prosecutors). Decisions of Corruption Courts often cause disparity in decisions, resulting in speculation from the public and assessing such decisions as being disproportionate and giving rise to public assumptions of a conspiracy between law enforcers, namely with several categories of interests, including: (1) The interests of the Prosecutor and Judges are in the interest of getting bribes (2) Advocates as law enforcers who accompany the defendant in defence of the interests of the accused by dirty and disgusting bribes. The role of advocates is very important in creating and maintaining a clean, authoritative and civilized justice system for the realization of the legal authority in this country.Thus, legal advocates must have faith and devotion to God strong and sturdy table and must dare to appear clean and first cleanse themselves from dirty thoughts in the midst of carrying out the legal profession, so that the noble profession is not polluted into contempt resulting from violation of legal norms and professional code of ethics by advocates. Based on the outputs achieved in this research program, namely the willingness and bottomlessness of the Advocates in defending the interests of the defendant must comply with the provisions of the applicable laws and regulations and uphold the Code of Ethics Procession.The analysis of this paper shows that lawyers have made a legal defence of corruption defendants in a professional manner in accordance with applicable legal provisions and upholds the code of ethics of the legal profession, even though there is also information about an advocate who is trying to bribe one of the Corruption Crimes judges in a case. which is being handled by the Advocate concerned. The description of the results of this survey is expected to be used as input and advice that can help realize the Court's decision which has a deterrent effect on corruptors and potential corruptors in the future.  

scholarly journals Qual Liberdade de Imprensa? A Imprensa Concebida como um "Fórum Aberto" ou como um "Cão de Guarda Privilegiado"

2014 ◽  
Vol 9 (2) ◽  
Author(s):  
Jens Elo Rytter
Keyword(s):  
Public Interest ◽  
Freedom Of Expression ◽  
Press Freedom ◽  
Freedom Of The Press ◽  
Human Rights Law ◽  
Open Forum ◽  
The Public ◽  
Media Regulation ◽  
The Press ◽  
Prior Restraint

QUAL LIBERDADE DE IMPRENSA? A IMPRENSA CONCEBIDA COMO UM “FÓRUM ABERTO” OU COMO UM “CÃO DE GUARDA PRIVILEGIADO” WHICH FREEDOM OF THE PRESS? THE PRESS CONCEIVED AS AN 'OPEN FORUM' OR A 'PRIVILEGED WATCHDOG'  RESUMO: O artigo examina o significado histórico e contemporâneo de “liberdade de imprensa” no direito constitucional e nos direitos humanos. Existem duas concepções diferentes, a concepção restrita define a liberdade de imprensa como a liberdade de cada um para publicar sem censura prévia, a concepção mais ampla define-a como uma liberdade privilegiada da imprensa organizada para reunir e informar sobre informações de interesse público. Essas duas concepções têm respostas muito diferentes para a questão de saber se a imprensa deve desfrutar de algum privilégio de isenção da legislação ordinária, quando tal legislação restringe o limite da imprensa para informar o público a respeito de questões de interesse público. PALAVRAS-CHAVE: Liberdade de imprensa; Liberdade de expressão; Regulação da mídia; Privilégios da imprensa. ABSTRACT: The article surveys the historical and current meaning of "Freedom of the Press" in constitutional and human rights law. Two different conceptions exist, the narrow one defining freedom of the press as the freedom of every one to publish without prior restraint, the broader one defining it as a privileged freedom of the organised press to gather and report on information of public interest. These two conceptions have very different answers to the question of whether the press should enjoy some privilege to be exempt from ordinary legislation when such legislation restricts the access of the press to inform the public on matters of public interest. KEYWORDS: Freedom of the press; Freedom of expression; Media regulation; Press Privileges.

scholarly journals HUMAN RIGHTS BASED LAW ENFORCEMENT FOR THE VIOLATION OF LOCAL REGULATION BY CIVIL SERVICE POLICE OF SEMARANG MUNICIPALITY

2016 ◽  
Vol 1 (1) ◽  
pp. 61
Author(s):  
Joko Setiyono
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Regional Development ◽  
Civil Service ◽  
Local Regulation ◽  
Regional Autonomy ◽  
The Public

In the era of regional autonomy, the role of civil service police in the enforcement of Local Regulations is crucial to support regional development. However in practice, civil service police often find obstacles and resistance from the public they face. Therefore, it is required for civil service police to act on the base of human rights during the regulation enforcement process. The results hows that the performance of Semarang civil service police in conducting the Local Regulations enforcement process during 2009-2014 had been done based on human rights. There are still any resistance from the public in some actions, but it can be understood as the result of lack of socialization about the regulations, lack of dialogue and coordination with the citizens, as well as lack of satisfaction of citizens in the solution or redress given to them.  Keywords : human rights, enforcement, violation, local regulation, municipality

scholarly journals LEGAL COMPARISON OF FREEDOM OF EXPRESSION AND FREEDOM OF THE PRESS IN THE REPUBLIC OF ARMENIA AND IN THE REPUBLIC OF POLAND/ՀԱՅԱՍՏԱՆԻ ԵՎ ԼԵՀԱՍՏԱՆԻ ՀԱՆՐԱՊԵՏՈՒԹՅՈՒՆՆԵՐՈՒՄ ԿԱՐԾԻՔԻ ԱՐՏԱՀԱՅՏՄԱՆ ԵՎ ՄԱՄՈՒԼԻ ԱԶԱՏՈՒԹՅԱՆ ԻՐԱՎԱՀԱՄԵՄԱՏԱԿԱՆ ՎԵՐԼՈՒԾՈՒԹՅՈՒՆԸ/СРАВНИТЕЛЬНО-ПРАВОВОЙ АНАЛИЗ СВОБОДЫ ВЫРАЖЕНИЯ МНЕНИЯ И СВОБОДЫ ПЕЧАТИ В РЕСПУБЛИКЕ АРМЕНИЯ И В РЕСПУБЛИКЕ ПОЛЬША

2020 ◽  
pp. 47-59
Author(s):  
Wojciech Lis
Keyword(s):  
Freedom Of Expression ◽  
Opportunity To Learn ◽  
Public Affairs ◽  
Freedom Of The Press ◽  
Access To Information ◽  
The Public ◽  
The Press ◽  
Democratic Character ◽  
The Republic ◽  
Critical Mind

Freedom of expression and freedom of the press form guarantee and emphasize the democratic character of a state. The dissemination of information and opinions is a prerequisite of democracy, which essentially requires that citizens be guaranteed the possibility to participate in public affairs. An opportunity to learn some information and opinions is of paramount importance for broadening knowledge, sharpening the critical mind, shaping one’s own views and making rational and informed choices. For full access to information and opinions circulating in the public, it is necessary that it should be made public and media and their journalists will make it in the best way.

scholarly journals THE ROLE OF THE MEDIA IN A DEMOCRATIC COUNTRY

2020 ◽  
Vol 1 (6) ◽  
pp. 228-236
Author(s):  
Ibrahim T.I. Ukka
Keyword(s):  
Political Power ◽  
Public Information ◽  
Freedom Of The Press ◽  
Citizen Journalism ◽  
Popular Opinion ◽  
Checks And Balances ◽  
The Press ◽  
The Media ◽  
Democratic Country

The media is the fourth pillar of democracy after the executive, the legislature and the judiciary. Media as control over the three pillars and underpin their performance with checks and balances. to be able to perform its role should be upheld the freedom of the press in conveying public information in an honest and balanced manner. besides that also to uphold this fourth pillar, the media must also be free from capitalism and politics. Media that does not merely support the interests of the owners of capital and perpetuates political power without considering the interests of the larger society. the possibility of freedom of the press institution that is captured by the interests of capitalism and politics, encourages the spirit of citizen journalism. the term citizen journalism to explain the processing and presentation of news by citizens rather than professional journalists. journalism activities undertaken by citizens as a manifestation of aspirations and the delivery of popular opinion is the background that citizen journalism as part of the press is a means to achieve a democracy.

scholarly journals PERAN BHABINKAMTIBMAS SERTA MASYARAKAT DALAM UPAYA PENCEGAHAN GANGGUAN KEAMANAN DAN PENYELESAIAN SENGKETA DI KABUPATEN LABUHANBATU

2020 ◽  
Vol 8 (2) ◽  
pp. 82-89
Author(s):  
Wahyu Simon Tampubolon
Keyword(s):  
Law Enforcement ◽  
Social Life ◽  
Law Enforcement Officers ◽  
The State ◽  
The Public ◽  
The Republic ◽  
National Police ◽  
And Control ◽  
Mutual Agreement

The Indonesian National Police is directly responsible under the President. The police carry out police duties throughout Indonesia. The police are one of the foremost persons of society, the role of the police at this time is as a guardian of security and order as well as law enforcement officers in society related to criminal law, the police are able to carry out their duties professionally, where their birth originates from the community, according to their needs and desires they. This is done in order to create a situation and conditions that are safe, orderly, serene, and peaceful in social life, which then develops in accordance with developments and changes in state conditions. The National Police, which started from the public side, is now on the side of the state, which has a role to face and control the community itself. Law Number 2 of 2002 concerning the State Police of the Republic of Indonesia, the duties, authorities and rights of the police, in which Article 2 the function of the National Police is to maintain security and public order (kamtibmas).In accordance with the philosophical foundation of the Unitary State of the Republic of Indonesia is Pancasila which is the basis of our country, especially the fourth principle "Democracy led by Wisdom in Deliberation / Representation". The fourth precept of this Pancasila, requires that the resolution of disputes, conflicts or cases be carried out through deliberation to reach a consensus which is embraced by a family spirit. This means that any dispute, conflict or case that needs to be built through negotiation or peace procedures between the disputing parties to reach a mutual agreement. Initially court mediation tended to be facultative or voluntary (voluntary), but now it leads to imperative or future (mandatory).Keywords: Bhabinkamtibmas, Society, disturbance, dispute resolution

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