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All Journal JURNAL FIAT JUSTISIA Cepalo Administrative and Environmental Law Review
Rosdian Rosdian
Universitas Tadulako
Law, Crime, Criminology & Criminal Justice Social Sciences

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The Protection of Human Rights in Indonesian Constitutional Law after the Amendment of the 1945 Constitution of the Republic of Indonesia Leli Tibaka; Rosdian Rosdian
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 3 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no3.1141

Abstract

The amendment to the 1945 Constitution of the Republic of Indonesia has shown progress in respecting, protecting and fulfilling human rights in Indonesia. It is proven from the advanced provisions that have set the human rights material, starting from the affirmation of fundamental rights, individual rights, social rights, solidarity rights, and even the assertion of rights included in the category of not-derogable rights in the Second Amendment to the 1945 Constitution. The urgency of the Constitution 1945 as written constitution due to its status as the ultimate instrument to determine a norm (law), action or government policy, so it will not violate human rights and constitutional rights of the citizens. Thus, the Constitution is an important instrument in term of guaranty and ensuring that human rights within the Republic of Indonesia are protected, even though the source of human rights is not actually derived from the State but naturally originated from natural law, whether its universal validity is either affirmed or not in the Constitution. It shows progress in the level of regulation and protection of human rights in Indonesia.Related to the guarantee of the protection of human rights, one of the important material of the 1945 Constitution of the Republic of Indonesia is the presence of a new judicial institution called the Constitutional Court, in addition to the Supreme Court. The existence of the Constitutional Court in Indonesia is an improvement in maintaining and upholding the Constitution and protecting human rights. Hence, the Constitutional Court referred to as “the Protector of Human Rights.” Protection of human rights is carried out through the exercise of authority as defined in Article 24C Paragraph (1) of the 1945 Constitution which is to review an Act against the Constitution, to judge on authority disputes of state institutions whose authorities are granted by the Constitution, to judge on the dissolution of a political party, and to judge on disputes regarding the result of a general election. Also, Article 24C Paragraph (2) obliges the Constitutional Court to render a judgment on the petition of the People’s Representative Council regarding an alleged violation by the President and the Vice President according to the Constitution. Keywords: Human Rights, Constitutional Law, Amendment to the Constitution.
THE PROBLEMS OF THE RIGHT TO CLEAN WATER FROM THE SALUKI RIVER FLOW FOR THE POST-DISASTER PASIGALA COMMUNITY Nursiah Moh Yunus; Rosdian Rosdian; Mohammad Saleh
Cepalo Vol 6 No 2 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v6no2.2698

Abstract

As one of the natural elements needed by humans and other living things, the availability of clean water is essential for the community, especially after the earthquake, tsunami, and liquefaction disasters which hit Palu City Sigi Regency and Donggala Regency (PASIGALA). As time gues on significantly it, it has almost entered its third year after the disaster; this vital issue has developed because the water condition suitable for community consumption, which was previously felt to be abundant and could be used together, is now starting to be limited. Thousands of people only rely on tank cars. Recently, there has been a wise thought that water as common property can be positioned as a vital part of  human right. Therefore, the state should fulfill it as the implementation of control of resources (water) by the state. Article 33, paragraph (3) of the 1945 Constitution of the Republic of Indonesia explicitly governs the state's right to control water resources to achieve people's prosperity. This normative research seeks to explain the fulfillment of the right on water in Indonesia according to conception and philosophy contained in Article 33, paragraph (3) of the 1945 Constitution of the Republic of Indonesia. The focus stands for limiting problems regarding the fulfillment of clean water for the PASIGALA community after the disaster. This study tries to unravel the problems in which: 1) the development of global conceptions and ideas have carried the importance of water resources and their recognition as one of the essential values of human rights.
Fulfillment of The Right to Clean Water for Post-Disaster Communities in Gumbasa District, Sigi Regency Rosdian Rosdian; Ikbal Ikbal; Abraham Kekka
Administrative and Environmental Law Review Vol. 3 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v3i2.2765

Abstract

Water is a basic human need; no one can live without water. As a basic need, water is part of the requirements for an adequate standard of living for the health and well-being of all human beings. The problem currently being faced is that the availability of clean water to meet the needs of the people of Gumbasa District is decreasing after the earthquake in Sigi Regency. On the one hand, there is a view that water is a commodity (economic good), while on the other hand, it is said that water is a social good. This article aims to analyze the progress of regulating the right to water as a human right and efforts to fulfill and provide clean water after the disaster in Gumbasa District, Sigi Regency. The research method uses a normative juridical method, which analyzes library materials or secondary data. The research results show that the right to clean water implies that everyone must access water without discrimination. The role of the Sigi Regency Government is essential when people are not in the same position in getting water; the difference in each person's position is not only due to the problem of economic inequality but also to the natural conditions that exist in a particular area. These differences make it difficult for some parts of the community to access clean water, especially the fulfillment of clean water sources after the disaster.
Co-Authors Abraham Kekka Ikbal Ikbal Moh.Yunus, Nursiah Mohammad Saleh TIBAKA, LELI