Rethinking Rule Of Law and Human Rights;Partisipasi Masyarakat Dalam Pembentukan Perda Demokratis Sebagai Perwujudan Hak Asasi Warga Negara

Zuhir, Mada Apriandi (2011) Rethinking Rule Of Law and Human Rights;Partisipasi Masyarakat Dalam Pembentukan Perda Demokratis Sebagai Perwujudan Hak Asasi Warga Negara. Manual. Fakultas Hukum Universitas Sriwijaya, Universitas Surabaya.

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      Abstract

      Indonesia has the constitution expressly guarantees the existence of civil in the Constitution of 1945 which make the necessity for states to protect those rights. Reform and regional autonomy in Indonesia, the process tends to lead to negative phenomena in the field of legislation, for example, a lot of legislation recently passed even become effective yet been replaced by statute (law) a new one, because implementative and cause new social problems in society, many laws are not relevant to the needs or problems in the community, the third, the number of regional regulation (law) issued by the regional government revoked by the Central Government (Ministry of Home Affairs), as opposed to higher regulations, to public interest, Pancasilan as well as the 1945 Constitution. Nearly of the districts/cities, involving situations and conditions not optimal community participation in the establishment of law, the absence of indicators of the dissemination of the draft law, socialization, and lack of academic texts. Negative phenomena in the field of the legislation that actually occurred in the era of reform and decentralization, democratization can be minimized by the formation of legislation, including legislation, which is concretely realized through the involvement of community participation in the process of formation. Community participation is guaranteed by human rights, especially civil and political right, and economic social and culture rights. In practice, however, participation is enough to just be done by a group of people sitting in representative institution (in this context: DPRD), because the constitutions and people who sit in representative institutions, often using the name of the political interests of the people to fight for personal or group interest their own. Associated with the law, the law was one of the guarantors of human rights protection and implementation. However, the law can also serve on the contrary, because the law itself is not sterile from other community subsystems. As a result, the law does not always bring positive impact to the community, so it does not always guarantee legal certainly, enforcement of the rights of the community and a sense of justice. In addition, the process of expansion and institutionalization of rights, both at individual and community, open access to basic rights including access to power, intended as the process of democratization, both in political and economic sense. This paper intends to discuss and analyze the formation of democratic law, especially when associated with economic rights, where the nuances of human rights should be there either in process or charge any legislation in the area, thus, human rights is not a just a mere slogan, but a necessity boosted with the law and participatory policy

      Item Type: Monograph (Manual)
      Uncontrolled Keywords: Legislation,Legal Regulation,Community Participation,Human Rights
      Subjects: K Law > K Law (General)
      Divisions: Faculty of Law > Department of Law
      Depositing User: Rudi Kule
      Date Deposited: 12 Sep 2013 12:16
      Last Modified: 12 Sep 2013 12:16
      URI: http://eprints.unsri.ac.id/id/eprint/2638

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