This research will examine how the Indonesian constitution can effectively protect the indigenous people’s rights to customary land when the land is under construction for infrastructure building. The authors will mainly discuss the relevance of justice for ensuring the rights to live and property of indigenous people under the Indonesian constitution. In this essay, the authors examine how constitutional and human rights protections interact with one another to ensure the security of customary land in Indonesia. The analysis will be carried out by two methodological approaches. One is the statute approach which is based on laws and regulations being specifically targeted. To implement the statutory approach, all Indonesian laws and regulations concerning the constitutional relationship and human rights to protect customary land will be reviewed. The other is the conceptual approach to identify the ideas that give rise to legal notions, the legal principles or legal arguments for solving the problem.
This explorative paper investigates the application of human rights to civil law cases in Indonesia. Human rights are often placed within the realm of public law. Yet, fundamental rights and freedoms also apply to private law cases. The human rights literature, however, does not exist in Indonesian private law. This article explores how human rights are applied in Indonesian civil law cases with reference to the models of human rights application developed by Aharon Barak and Olha Cherednychenko. We found that in Indonesia, judges apply human rights law to civil law cases indirectly, yet this application is inconsistent. The Supreme Court has attempted to increase legal unity by making case law (yurisprudensi) more accessible and by issuing internal regulations that must serve as guidelines for judges-including the application of fundamental rights in civil law cases. Case law and guidelines, however, lack thorough legal reasoning and are, therefore, difficult to apply to complex cases.
The bereaved families of Cheju massacres(1947-1954) and civil society have constantly demanded that the state establish incomplete transitional justice in Jeju, South Korea. Significant progress has been made in establishing transitional justice in South Korea to heal the victims of the Cheju Massacres, but there has been no progress in engagement or discussion between the US government and society in this regard. A book, “Healing the Persisting Wounds of Historical Investment : United States, South Korea and the Jeju 4·3 Tragedy” that compiles the full discussion of theoretical and practical framework, social healing through justice proposed by Eric K. Yamamoto for the recovery of the damage caused by the massacres of civilians has been published and is attracting attention.
The nexus between science and human rights are intertwined in many ways. Though the acknowledgment in international law have been available for decades, the right to savor the fruits of scientific advancement and its applicability has gained just small recognition of the human rights from the international community. A human rightsbased approach to science, technology, and development endeavors a concern for human rights at the heart of the international community facing with critical global challenges. Thus, the paper initially discusses the relevant international human rights instruments including laws, regulations, declarations, conventions and provides a thorough analysis. The doctrinal and qualitative study of the paper presents human rights approaches in order to show insight on the ethical implications of new technologies and investigate how policy can compete with briskly advancing science. The paper also recommends the international community to promote regulatory processes that can help in blocking the disputes by securing an equilibrium between human rights and science.