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During the Italian Renaissance, Leonardo da Vinci conducted research on neuroscience, striving to explain “how the brain processes visual and other sensory input, and integrates that information via the soul”. Jonathan Pevsner observes that Leonardo da Vinci took an “integrative approach to art and science”. Today, research takes an integrative approach to law and science, examining how neuroscience works in the administration of justice. Neuroscience has contributed substantially to criminal adjudication by providing criminal law with context, encouraging humane sentencing, increasing objectivity in evidence, and supporting explanations that link brain anatomy with human behaviour. In addition, neuroscience prompts a re-evaluation of the concept of free will in human behaviour and the human brain. Although free will has been viewed as an assumption underlying criminal law, neuroscience suggests that free will may be an illusion. Neuroscience plays a crucial role in courts adjudicating crimes triggered by varying degrees of uncontrollability. Uncontrollability of actions occurs from conditions such as brain lesion, frontotemporal dementia, enlarged amygdala, and addiction to narcotics. The contributions of neuroscience to the justice system have the potential to be strengthened even further. Prospective measures for promoting individuals’ future well-being, ethical frameworks for safeguarding fundamental rights, enabling the symbiotic evolution of law and neuroscience, and removing obstacles to neuroscientific research are some of the ways to create an infrastructure in which law can benefit from the flourishing of neuroscience.

This study aims to determine whether the settlement of criminal cases through restorative justice is an effort to fulfill the constitutional rights of citizens. The method used in this research is normative legal research with a statutory approach and a conceptual approach. The results of the study show that the settlement of cases through restorative justice is an effort to fulfill the constitutional rights of citizens because the principle of resolving cases through restorative justice can be said to be more able to guarantee justice and equality before the law (equality before the law) as regulated in Article 27 paragraph (1), Article 28D paragraph (1) and Article 28I paragraph (2) of the 1945 Constitution of the Republic of Indonesia.

This study aims to explore the legal concerns associated with limitations on public involvement in the preparation of environmental documentation under the Job Creation Law. This research is doctrinal and conducted using statutory, conceptual, and philosophical approaches. The results of the research and analysis conclude that public participation is a constitutional right. Therefore, limiting public participation, particularly for individuals who are directly impacted by a proposed business plan and/or activity, constitutes a constitutional violation. Restrictions on participation can potentially create antinomies or conflicts of norms between articles or even regulations within a law. Furthermore, in a broader scope, restrictions on public participation conflict with the principles of international environmental law, especially procedural environmental law.

The subject of this study encompasses the legal relations that emerge between citizens and officials within operational units of governmental bodies. Operational investigative activities typically occur covertly, rendering the involvement of a lawyer in such clandestine processes and the provision of qualified legal assistance to individuals subject to secret operational investigative measures impossible. This contravenes the core nature of operational investigative activities, which inherently rely on secrecy and confidentiality. Simultaneously, during the initial covert operational search activities, operational personnel, upon gathering requisite materials and information, reveal their affiliation with law enforcement agencies and proceed to detain a suspected individual. The objective of this study is to delineate the mechanism for safeguarding the right to competent legal assistance for individuals subjected to coercive actions by operational personnel. At the moment of transformation of covert operational investigative measures into public, the rights and freedoms of the person in respect of whom these measures were carried out may be limited and he needs to use the constitutional right to receive qualified legal assistance from a lawyer. The conclusions of the study. During the concluding phases of verification procurement, operational implementation, controlled delivery, and operational experimentation, if a determination is made to decrypt and publicly document the outcomes of operational searches, operational personnel undertake actions that curtail the rights and freedoms of individuals suspected of criminal involvement. Specifically, the following rights are briefly curtailed: the right to freedom of movement; the right to utilize means of communication; the right to inviolability of the home; the right to utilize and manage one's property (buildings, structures, land areas, and vehicles), encompassing objects, substances, and documents therein. The apprehension of a suspected individual, their personal search, and the inspection of the premises by law enforcement authorities are essential and integrated components of the operational search operation, initially conducted covertly and later transitioning into a public process. In this context, all obtained results should be collectively considered and appraised as the unified outcome of a specific operational search operation, subsequently formalized by an operational officer through a singular protocol detailing the entirety of these operational search activities. Once officials from operational units curtail the right to personal inviolability, freedom of movement, and other constitutional rights and freedoms, the suspected individual must be afforded the opportunity to exercise their right to competent legal assistance, as stipulated in Article 48 of the Constitution of the Russian Federation. Operational staff are required to notify the lawyer of the suspected person and ensure his admission to the place of the operational search activity. A lawyer retains the right to be present at any phase of publicly documenting the outcomes of an operational search operation and, as part of rendering legal assistance, can insist on adherence to the rule of law and provide comments in the protocol.

The Administrative's silence legally was an administrative error, however there are no standard to rule the mechanisms for protecting citizens against those an administrative error. This Research have two objectives. First of all, to analyze whether the changes of negative fictitional to positive fictitional are form of legal irregularity, secondly to study regulatory impact of Positive fictional after the issuance of Law number 11 of 2020 against on the protection of citizens' rights. This Research use normative legal research. The Result of this research showed that repeal of norm can be done by changing those law itself or because of the constitutional court decision. negation of negative fictitional validity into chapter 3 law number 5 of 1986 to the positive fictitional through chapter 53 law number 11 of 2020 impact two things. First, remove access of constitutional citizens right, second, automatic approval decision without supervision can be used as a legality tool and may harm the third parties

Robert Alexy presents his peculiar theory of principles, especially the instrument of balancing, as a mechanism to combat judicial arbitrariness. This article investigates the powers granted to the judge by Alexy’s balancing operation: power to assign weight to the “importance” of legal goods and rights in balancing; power to discover ‘principles’ to be balanced; power to assign meaning to the normative text in order to form the input of balancing; power to identify the presence in the concrete case of a constitutional right, in order to use balancing even in cases in which the legislator has established a ‘rule’. The conclusion is that Alexy’s balancing is not a legitimate possibility in a Rule of Law, because it makes no claim to control the practically absolute powers granted to judges.

Subject of the research. The article considers two levels in the mechanism of protection of human rights and freedoms: national and supranational. National includes both judicial and non-judicial methods of protection. The supranational level is represented by universal (global) and regional ways. The purpose of the research is to identify an effective mechanism for the protection of human rights that can replace the mechanism of protection provided by the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, which has ceased to be valid for citizens of the Russian Federation. Research methods are the formal-legal method, analysis, synthesis, formallogical method.The main results. Theoretically, a particular citizen can use any of the national and supranational mechanisms for the protection of human rights. However, the nature of their action and the procedure for gaining access to these mechanisms are different, which affects their effectiveness and the readiness of a person to turn to one or another method of protection. Among supranational mechanisms, the Universal Declaration of Human Rights of 1948 has a unique status: on the one hand, this document is “a symbol of the moral consensus of all states, the starting point for the creation of a modern human rights regime”; on the other hand, it is an act-declaration, the application of which in specific legal relations and the protection of human rights with its help are problematic. The International Covenant on Civil and Political Rights of 12/16/1966 provides for the establishment of a Human Rights Committee that exercises control over the provisions of the Covenant through a system of reports. Reports on measures taken to implement the rights provided for by the Covenant, as well as on non-fulfillment of their obligations under the Covenant by other States Parties, are submitted by States Parties. The mechanism of reports, however, is not reliable enough - there are states that ignore it.Regional Conventions are rightly considered the most effective means of protecting human rights. The implementation of the provisions of the Conventions is ensured by the activities of supranational judicial bodies, to which the applicant can file a complaint. The conditions for applying to such a court, its territorial proximity, the possibility of executing court decisions make this method of protection as accessible as possible. Among the national remedies, first of all, it should be noted the activity of the Constitutional Court of the Russian Federation to protect the constitutional rights of citizens. The provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms and the Constitution of the Russian Federation in the section on human rights are almost identical, often written in the same phrases. But, despite the number of coincidences in the designation of human rights and freedoms, the main thing is not the designation (this is a declaration) of a specific right or freedom, but how they are applied and what is the practice of their protection (interpretation) by the Constitutional Court at the national level and the Convention on the supranational. It is here that the understanding of “identical” formulations can differ, and the question of who is better: a national or supranational body protects a particular human right, becomes debatable. It should also be remembered about the very meaning of supranational protection as an opportunity to receive protection from one's own state, albeit a subsidiary one. Therefore, it would be wrong to assume that in the absence of the possibility of applying to the ECHR, a citizen will be able to receive protection in the Constitutional Court without prejudice to the outcome of such protection.Considering that the protection of human rights is, first of all, the activity of national courts of first instance, consideration by the courts of administrative, civil and criminal cases, in cases where it is carried out in full compliance with the norms of procedural legislation, is able to fully ensure the protection of the rights and human freedoms. To do this, the courts have all the necessary tools, you just need the ability and desire to use them.Among the internal structures for monitoring the observance of human rights, a number of state and public bodies can be distinguished - the Commissioner for Human Rights in the Russian Federation, the Council under the President of the Russian Federation for the Development of Civil Society and Human Rights, the Public Chamber of the Russian Federation, the police, the prosecutor's office and others. However, it is not possible to attribute them to the effective bodies for the protection of human rights.Conclusions. The existing national and supranational mechanisms for the protection of human rights, in their effectiveness, are not able to fully compensate for the loss of the opportunity for citizens of the Russian Federation to file a complaint with the European Court of Human Rights.

The subject of the article is the right to life interpretation issue, as well as the definition of the term "life" applicable in the legal field, the study of the problems of establishing of the constitutional right to life realization moment and its loss. This is necessary due to the formalized nature of law and the unification of the legal categorical apparatus, controversy in the scientific community, as well as the lack of a holistic understanding of the moments of its origin and loss, which will improve modern legislation in the field of protecting the right to life, eliminate existing contradictions.The purpose of the study is to confirm or refute the author's hypothesis about the moment of the emergence of the right to life and its termination as processes interrelated with the context and society. The author interests how this moment is fixed in current Russian legislation as well as in international legal norms and the constitutions of some foreign countries.The methodology. The following general scientific and special methods of cognition were used in the work: dialectical, systemic, historical, comparison, analysis and synthesis, formal legal and statistical methods. The method of comparison was used in the analysis of the texts of constitutions in order to consolidate the moments of the emergence and loss of the right to human life. The formal legal method made it possible to identify contradictions in the legislation of Russia in terms of issues related to the emergence and loss of the right to life. The use of these methods in combination with the latest achievements made it possible to identify and analyze the content, essence and features of the emergence and loss of the human right to life in the Russian Federation and foreign states.The main results, scope of application. Within the framework of the scientific and practical problem the author considers various approaches to the right to life emergence and loss moments, identifies the main problems of the current legislation of Russia and compares it with international legal norms and the constitutions of some foreign countries in order to fix the right to life emergence and loss the moments.Conclusions. The moment of the occurrence of the right to life must be recognized as a birth of viable infant, and the moment of loss of the right to life – the onset of his death. The right to life of a premature newborn, including those with extremely low body weight, as well as those with certain complications, is realized by providing him with full medical care.

Indonesia is one of the countries included in the state law. Law is a rule that can not be separated from our daily life where every joint of our lives is in the shade of law. Laws other than to protect us from abuse of power, the law is also used to uphold justice. This freedom is the hallmark of modern society today. But freedom has certain qualities. A free individual does not mean that they can do things themselves, such as damaging their surroundings, destroying other people's goods, harassing a man's wife or husband and so on. Of the 1945 Constitution Article 28 E is Everyone is free to embrace religion and worship according to his religion, choosing education and teaching, choosing a job, choosing citizenship, choosing a residence in the territory of the country and abandoning it, and the right to return, Everyone has the right to freedom of belief, expression of thoughts and attitudes, in accordance with his conscience, Everyone has the right to freedom of association, assembly, and expression.

Indonesia is one of the countries that uphold human rights International one of the examples is the freedom of religion or embrace religion. It is proven by the inclusion of one of the international human rights values ​​into our constitution namely article 28 I paragraph (1) of the 1945 Constitution. As a sovereign country, Indonesia is obliged to protect the right of its citizens to embrace the religion or belief adopted without any compulsion from any party. Every citizen has the freedom to determine his or her faith or belief according to the mind and conscience of each. So Human Rights are rights that protect us to live together in society without any disturbance. The right to freedom of religion becomes important issue. This study aims to analyze and describe the freedom of religious act in Indonesia and Malaysia in the perspective of human rights.

Almanya ve Türkiye arasında her daim bir sorun olarak süre gelen suçluların iadesi konusuna örneklik teşkil etmesi açısından Federal Almanya Anayasa Mahkemesi’nin konuya ilişkin aşağıdaki kararı, Türkçeye çevrilmiştir. Kararın ilgili bölümlerinde görüleceği gibi, anayasa şikayetçisi, kendisinin muhtemelen ağırlaştırılmış hapis cezasına çarptırılacağını, Türkiye’de müebbet hapis cezalarında ertelemenin söz konusu olmadığından hiç bir zaman normal bir hayat süremeyeceğini ileri sürmekte ve iadesinin; Federal Alman Anayasa’sının (FeAn) 1/1 Maddesi ve 2/2 Maddesinin 2. cümlesinin, ayrıca bunun anayasanın 19/4, ve 103/1 Maddelerinin ihlal edildiği anlamına geleceğini ileri sürmüştür. Anayasa şikayetçisinin savunmasının tabii sonucu olarak, Federal Anayasa Mahkemesi, Federal Anaysa Mahkemesi Yasasının (FeAnMaYa) 93a paragrafının 2. fıkrasının “b” numaralı alt bendi ile bağlantılı 93c paragrafının 1. fıkrasını, FeAnMa’nin devam edegelen içtihatları ve taraf olunan uluslararası sözleşmeleri de dikkate alarak, ilk derece ve temyiz mahkemelerinin yargılama aşamasında aldıkları kararların, anayasanın bireyin temel hakları bölümünde güvence altına alınan haklarıyla uyuşmadığına dolaysıyla anayasa şikayetçisinin gerekçelerinin yerinde olduğuna hükmederek, kişinin iadesinin mümkün olmadığına karar vermiştir.

The paper focuses on women’s condition in totalitarian regimes, in the light of the principles of the Italian Constitution. To this end, the paper will examine three main aspects. Firstly, the analysis will focus on the condition of women during the Nazi and Fascist totalitarian regimes. The proposed historical and legal reconstruction aims at identifying some key traits featuring the condition of women in the context of totalitarian regimes: the exclusion of women from the labour market and, more broadly, from the public sphere; the propaganda of an ideal-type of woman; the segregation of minority women (e.g. prostitutes, homosexuals, women with disabilities); the creation of masses of refugees fleeing regimes. Secondly, the paper will hinge on the Italian Constitution, that promoted a vision in clear rupture with the previous fascist regime with regard to women’s condition and to the strong protection granted to people fleeing regimes set forth under Article 10, paragraph 3 of the Italian Constitution. At the outset, the paper aims at reflecting on the current system of human rights protection in light of the 2021 takeover of the Taliban regime in Afghanistan, by way of underlying the specifics of the actual status of Afghan women

Increased HIV prevalence in gay populations is a warning that needs to get government attention. AIDS prevention programs in gay populations have been implementing various methods to change high-risk behavior. However, HIV prevalence in gay populations continues to rise. The Indonesian Constitution affirms human rights, including the right to life, the right against discrimination, and other fundamental rights protected by the state. The research results showed that the fulfillment of the right to health in gay is not going well or less effective. It was evidenced by the percentage of gay that reaches out to health services was still limited. Gays were reluctant to access health services because of the lack of confidentiality and privacy of the services of health workers, the general public, and the limited facilities. Besides, stigma and discrimination are still often received both from health workers and families and communities. They worried other gays would know the result of the test of VCT. There is a need for standardization of services at all subdistrict health centers and hospitals providing VCT services for gay in Jember.

This paper aims to find out the constitutional rights of the Believers of the Almighty God before the Decision of the Constitutional Court and the Implementation of the Constitutional right after the Decision of the Constitutional Court. This paper is a field research conducted in Banyumas Regency in 2019. The approach uses in this research is sociological- normative with descriptive analysis methods in analyzing data. The results of this study prove that the decision has been implemented as a form of implementation in fulfilling the constitutional rights of the Believers of the Almighty God in Banyumas Regency as stated in their ID card that their religion is Believers of the Almighty God.

Modern Ukraine is characterized by a period of fundamental changes in state-building and law-making. Since 2014 the ongoing constitutional reform is aimed at optimal organization of local self-government. By searching the ways to decentralize, Ukraine aims to ensure the proper functioning of basic municipal institutions. The united territorial community (UTC) is the primary element of local democracy and therefore plays an important role in addressing issues related to the daily needs of community members. The local level authorities provide ineffective governance and they do not provide the scope of public services that residents need, especially in rural areas. The existence of an underdeveloped health care system in Ukraine has led to low quality and inaccessibility of medical care to the population, especially in rural areas. The beginning of the rural healthcare reform was laid by the adoption of the Law of Ukraine, “On increasing the availability and quality of medical care in rural areas.” The system for high-quality and affordable healthcare to rural residents can be created by: 1) optimizing delivery; 2) training; 3) access to specialized facilities; 4) telehealth; 5) creating appropriate infrastructure; 6) working conditions and living standards for healthcare professionals; 7) preventive measures for public health; 8) ensuring interaction between central and local executive authorities. UTCs must utilize the powers granted to them by law to create a client-oriented system of public administration while protecting citizens’ constitutional rights – particularly their rights to health protection and healthcare. [ABSTRACT FROM AUTHOR]

An important factor in the development of modern society and a means to form a social state with the rule-oflaw is the constitutional declaration of human rights and freedoms as the highest value. However, formal recognition of democratic and broad rights and freedoms does not imply the instant acquisition by an individual of the possibility to fully exercise the values determining the rights. It is important to create an efficient social and legal mechanism for implementation of rights and freedoms that includes guarantees to secure and protect them. That is why in this study, the author employed such research methods as logical, observation, modeling, forecasting, comparative law analysis, etc. The state recognizes a right of an individual and a citizen to entrepreneurial activity. At the same time, it shall guarantee the possibility to exercise the kind of activity within its territory. The guarantees are stipulated not only in the Constitution of Ukraine but also in the respective sectoral law. In addition, by recognizing agreements ratified by Ukraine to be part of Ukrainian legal system, legislators confirmed that human and citizen rights protection, including also such important right as the constitutional right to entrepreneurial activity, is not an exclusive internal affair of Ukraine. Despite the 30 years of market economy functioning in Ukraine, citizens still have inflated demands for the paternalistic role of the state. The principle of social state fixed in the Constitution of Ukraine is partly restricting the exercise of the constitutional right to entrepreneurial activity. In fact, equality before the law is often interpreted as the need to provide for equality of results in society with the help of fair redistribution. At the same time, the shaping a market economy in Ukraine, with the leading role of oligarchic business groups, resulted into mass pulling of their capital into offshore, investment of profits gained in Ukraine into foreign businesses and real estate. Consequently, it generates distrust and disappointment of Ukrainian citizens for their own state and its representatives, and impedes the reform process in the country.

Law enforcement is the pivot on which every society and institution stands and essentially survives on. An institution where enforcement of the law is in abeyance will surely not endure, as whatever goals are set is condemned to smoulder in total indiscipline. Without doubt, no institution would want to set off on that footing. However, where law enforcement takes place in a special institution like the Military, its deployment is bound to raise deep questions regarding the Constitutional rights of the accused persons. Over the years, the Nigerian Military appear to have been caught in this miasma in which the Constitutional rights of its service men has remained trapped in the notion of upholding Military discipline. It is to this end that this paper appraises the question of law enforcement in the Nigerian Military, querying its attitude towards the safeguards of these rights, and accordingly building a case for a new and better regime, in which Constitutional rights of Service personnel are not only guaranteed, but regarded as pre-eminent.

Problems with indigenous people in Boalemo district, Gorontalo Province often occur, especially the issues about the imposement of costumary sanctions. Imposing costumary sanctions without clear relugations will absolutely cause legal consequences in the future. Eventhough constitutional rights for indigenous people is already granted by the government as stated In article 18B paragraph (2), and Article 28 I paragraph (3) of The 1945 Constitution Of Republic Indonesia. This regulation is a mandate from the state and given to the regions. This regulation is oftenly referred when discussing the existence and rights of indigenous peoples and become a crutial issues when it comes to the implementation of the protection of the constitutional rights for indigenous peoples in Boalemo district Gorontalo Province. Therefore, This research aims to analyze the Legal standing for indigenous people and constitutional rights for costumary sanctions in Boalemo district Gorontalo Province. This normative research utilized secondary data as resourch and used statute approach and case approach. The results of the study discover that the costumary law and the imposement of costumary sanctions are still mantained and implemented in Indonesia. Government should more concern about constitutional rights compliance for indigenous people. However, the imposement of customary sanctions are not regulated in a regional regulation. So the constitutional rights which should become the spirit for regional autonomy to provide justice in a judiciary are only resolved by way of deliberation, This can not give the satisfaction for some parties.

We conduct a detailed doctrinal and empirical study of the adverse effects of parole on the constitutional rights of both individual parolees and the communities in which they live. We show that parolees’ Fourth, Fifth and Sixth Amendment rights have been eroded by a multitude of punitive conditions endorsed by the courts. Punitive parole conditions actually increase parolees’ vulnerability to criminal elements, and thus likely worsen recidivism. Simultaneously, the parole system broadly undermines the rights of nonparolees, including family members, cotenants, and communities. We show that police target parolee-dense neighborhoods for additional Terry stops, even when income, race, population, and single- family status are accounted for. Furthermore, police take advantage of the permissive parole search jurisprudence, conducting more searches and arrests of both parolees and their nonparolee neighbors. Combined, this analysis shows that parole institutionalizes individuals and margin

Indonesia is a country that has abundant genetic resources, multi ethnicity, and diverse cultures. This situation makes Indonesia very rich in traditional knowledge. Protecting traditional knowledge is very important because traditional knowledge is the identity of the community as the owner. Through Article 18B Paragraph (2) and Article 28I Paragraph (3) of the 1945 Constitution, traditional knowledge which is a traditional right and the identity of the indigenous culture are implicitly recognized as constitutional rights. Protection of traditional knowledge in Indonesia is regulated in the Copyright Law, Patent Law, and Culture Promotion Act. However, the protection of traditional knowledge in Indonesia has not been optimal, because it has not provided adequate protection to traditional knowledge.

In most states that have a centralized system of constitutional control, there is tension in the relations between the Constitutional Court and ordinary courts. The fundamental question raised in this regard is weather the Constitutional Court, acting on a constitutional complaint, may enter into the domain of application of law. The manner and conditions for exercising the constitutional rights are regulated by the law. In this respect, it seems that the Constitutional Court may, to a certain extent, examine the legal shortcomings of a court decision in order to substantively assess the alleged violation of the specific constitutional right stipulated in the constitutional complaint. The legal attitudes formulated by the Constitutional Court of Serbia clearly show that the Constitutional Court has exercised self-restraint in this area. The Constitutional Court can act only in cases of gross violation of procedural and substantive law. However, the analysis of Constitutional Court decisions as well as the separate opinions of constitutional court judges shows that the self-restraint of the Constitutional Court has not been consistently applied in each particular case. The problem of the relations between the Constitutional Court and ordinary courts must necessarily be viewed in a broader constitutional context and cannot be solved at the normative level only.

Abstract Various weaknesses are still found in the protection of the rights of citizens, pertaining to the right to education in border area, that resulted in the backwardness and poverty of its citizens. The government of Nunukan District has released a regulation in fulfilling the right to education of citizens, that is regional regulation Number 05 Year 2012 on the management and implementation of education. Legal model for the fulfillment of the right to education of citizens in the border area should refer to the constitutional rights of citizens and in accordance with the international covenant on ECOSOC rights and principles of national education. Intisari Persoalan kebijakan perlindungan hak-hak warga negara khususnya terkait hak pendidikan di wilayah perbatasan selama ini masih terdapat berbagai macam kelemahan yang berakibat keterbelakangan, ketertinggalan dan kemiskinan warga negara di wilayah perbatasan. Kebijakan Pemda Kab. Nunukan dalam rangka pemenuhan hak atas pendidikan warga negara di wilayah perbatasan dituangkan ke dalam Perda Nomor 05 tahun 2012 tentang Pengelolaan Dan Penyelenggaraan Pendidikan. Model hukum Pemenuhan hak atas pendidikan warga negara di wilayah perbatasan harus mengacu pada hak konstitusional Warga Negara yang dijamin dalam konstitusi Indonesia dan sesuai dengan Konvenan Internasional Hak Ekosob dan prinsip-prinsip penyelenggaraan pendidikan nasional.

The main argument of this paper is that there is an urgent need in Indonesia to expand the Constitutional Court’s authority. The Constitutional Court should in the future be empowered to examine and decide constitutional complaints: a legal avenue for citizens to defend their constitutional rights in case of violations. The author shall discuss to what extent this legal institution can successfully be transplanted into the Indonesian legal and state system and what socio-political barriers can be expected to arise. A comparative law method shall be utilized.

Abstrak Salah satu titik sentral dalam konstitusionalisme adalah persoalan hak asasi manusia. Dalam kaitan ini, konstitusi memiliki peran penting, yang bukan hanya sekadar melakukan jaminan dan proteksi secara tertulis, melainkan pula menyediakan berbagai nilai yang digunakan oleh lembaga peradilan dalam interpretasi serta elaborasi hak-hak tersebut. Artikel ini menjelaskan hubungan antara konstitusi dan hak asasi manusia, yang mencakup persoalan isi dan pengertian hak asasi manusia, tempat hak asasi manusia dalam konstitusi, termasuk dalam UUD 1945, serta akibat pengaturan hak asasi manusia dalam konstitusi. Artikel ini menegaskan bahwa penempatan hak asasi manusia dalam konstitusi tidak semata-mata menjadikannya sebagai hak-hak fundamental yang bersifat mendasar, melainkan pula sebagai hak-hak konstitusional yang tertinggi. Abstract One of the central points on constitutionalism is the idea of human rights. Constitution plays a major role by not only inserting human rights articles in aiming to secure and protect these rights, but also providing fundamental values that are used by Court in interpreting and elaborating such rights. This article discusses the relationship between a constitution and human rights, including issues of the meaning and content of human rights, position of human rights in a constitution (including the 1945 Amended Constitution), as well as consequences of inserting human rights norms into a constitution. It is argued that the entrenchment of human rights in a constitutional document does not only give them status as fundamental or basic rights, but it also provides stronger position as the supreme constitutional rights.

The special attention is given to the rights of the citizens for independent and safe working conditions. The rights secured by law and guaranteed of each among workers and employers have been considered. The court case on infliction of harm to health in the performance of job duties has been analyzed. Taking this case as an example one can see different possible ways of its solution that cause controversy and contradictions. The Court of First Instance takes the side of the employer, Court of Appeal – on the side of the victim and consideration of the case on cassation appeal - shows only that the state taking the role of the judge is on the employer side not on the side of the worker as a victim. So, one can see that course of the state policy secured by legislators in the numerous normative acts and being reflection of the constitutional principle of the recognition by the state of the human being, his or her life and health, honour and dignity, inviolability and security as the highest social value that is foreseen by Article 3 and by the provision of Part 4 Article 43 of the Basic Law does not correspond to the realities of life.

The Indonesian Constitutional Court has played important roles and functions to protect and fulfill human rights in the Indonesian legal system including the economic, social and cultural rights through its legal power of judicial review. It affirms that the ecosoc rights are legal justiciable rights and they are parts of constitutional mandates. It means that decision on judicial reviews require State to behave in accordance to legal thresholds decided by the Court. Undoubtedly, compliance to the decisions will reveal undeniable facts for fulfilment of state conduct. However, it seems that there are still many considerations, emphasis and excuse to somehow reduce or ignore threshold of application of the Court decisions. Complexity of actors, institutions, authorities, level of implementation, and orientation of particular policies, programs, actions and funds reduces the thresholds.

The article examines the current problems of legal and economic nature in resolving the acute social situation associated with negative trends in the global community: the demographic crisis, high mortality, deep social stratification of society, etc. The methodological basis of the study are universal, general scientific and particular scientific methods of cognition used by the legal science in the object-subject sphere of cognition of the general theory of law. In addition, a number of synthetic, integrative ways of research are used, which are part of the methodology of interdisciplinarity, relevant for modern socio-humanitarian science. The work proves that the traditional methodological approaches of economic and legal theories are less and less adequate to the new needs of the humanities and increasingly require them to combine their efforts in the knowledge of profound socio-economic problems. The main innovative tool for solving many social problems today is program-project management, which involves passing through a series of stages: analytical (the need for a problem-oriented analysis of situations; conceptualization (selection and justification of goals and objectives); instrumentalization (selection of effective means to achieve goals and objectives); specification of the scheme of activities in their implementation; budgeting of the project; identifying the criteria of effectiveness in the implementation of the project from the perspective of socially-oriented development of the economy, studied jointly by law and economics. The novelty of the work lies in the proof of the hypothesis formulating the need to justify such an independent direction of the Russian theory of legal policy as – legal economic policy, which confirms the feasibility of the cumulative view of the range of existing problems.

In the life of the nation, the 1945 Constitution of the Republic of Indonesia as the basic law is the only reference for the government and society as a cornerstone of life movement. A waiver of the provisions of the Constitution and the rules for the government in particular will have implications for the emergence of the most serious violations of the law suit that led to impeachment. Therefore, there should be none of the promise the government violated the constitution which can moreover it was related to obligations of law enforcement within the framework of the laws and principles of human rights, one of which is about the right not to be subject to discrimination that is clearly stated emphatically the 1945 Constitution. Since the New Order government many events in which gross violations of human rights, end, none of government after the subsequent obligations and the principles are right and proper. As a result, not only the Constitution is being violated, but the various problems of the past clot stuffed smooth movement towards the future of this nation.

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Citizenship is one of the concepts discussed in most fields of humanities. Each field has studied it within a context regarding its perspective. The criterion of citizenship has been neglected in most of these studies and has received less attention. Who are the subjects of this word? This argument is necessary because words have their own effects and cases in the law; therefore, it is necessary to determine the subject before the other rights and duties are considered. Similarly, the present research is an attempt to find out what people are subject to citizenship. By considering the existing rules of the law, it can be seen that issues such as nationality and residence are older than “citizenship”. However, none of these issues can be a criterion for citizenship. Even the subject of human legal documents cannot be dealt with as a criterion of citizenship because the acceptance of each criterion has some challenges. What is certain is that being a citizen is itself a factor for citizenship and should be considered as a condition for citizenship according to its components.

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A transformative amendment of the 1945 Constitution established a separate judicial institution called the Constitutional Court. This institution is believed to serve a strategic role within Indonesia’s plural legal system particularly in the area of constitutional review and constitutional rights protection. However, the performance of the Constitutional Court has attracted controversy. This controversy arises because the Court is concerned with introducing a sociological paradigm of law that embraces substantive justice with a fluid acknowledgment of procedural justice. A key criticism of the Constitutional Court is that the nature of Court decisions has developed into a practice of judicial activism. This article discusses the dimension of judicial activism used by the Constitutional Court on the grounds for protecting constitutional rights of the citizens through its decisions. It also analyses the extent of judicial activism that can be justified in the decision-making process in the Constitutonal Court.

The idea of a constitutional complaint against the input (constitutional complaint) into the realm of the Constitutional Court is part of efforts to protect the rights of citizens protected by the Constitution of the Republic of Indonesia Year 1945. Protections that are stronger and more real to the constitutional rights of citizens in particular, and human rights in general, is one of the characteristics of the 1945 Constitution which has undergone a fundamental change in question. So, talking about the constitutional complaint in relation to the 1945 mean to talk about the 1945 Constitution which has undergone a fundamental change that. Therefore, an understanding of the occurrence of fundamental changes to the 1945 Constitution has become very important to explain that the constitutional complaint mechanisms and the need for the Constitutional Court is given authority to decide constitutional cases referred to the current complaint really has become a necessity.

Resource management, extractive industries have a significant role to state revenues. Extractive industries sector in Indonesia is a very closed industry sectors primarily on revenues derived from state income Cooperation Contract (KKS). Resource management paradigm for the extractive industries exploited only to pursue exchange of reliance State Budget (Budget) by denying the maximum prosperity for the people. Globalization can not be avoided has affected the existence of Law No. 22 of 2001 on Oil and Gas value-laden liberal-capitalistic. Consequently, there has been a paradigm shift in both the PSC and the people of the country to the tyranny of capital resulted in the country and people can not renegotiate the contract. Therefore, reform of the legal arrangements in the extractive industries absolutely must be done in order to realize the people’s welfare. Urgency juridical formation of the Draft Law on Amendments of Law No. 22 of 2001, based on the decision of the Constitutional Court Case No. 002/PUU-I/2003 and Decision No. 36/PUU-X/2012. Just and prosperous society, as a goal, requires the struggle to create the basics, which is referred to as the national interests of the Indonesian people. All efforts and actions to ensure the implementation of state remains fixed on the terminus ad quem, just and prosperous society.

Legal aid as the state’s obligation to fulfill the constitutional rights of the poor very interesting study. The provision of legal aid as the state’s obligation to fulfill the constitutional rights of the poor is to provide funding to legal aid through the state budget. Because the Law No. 16 Year 2011 on Legal Aid takes the concept of legal aid welfare model. This paper will analyze the decision of the Court No. 88/PUU-X/2011 the constitutional rights of the poor to obtain legal assistance that the duty of the state . The provision of legal aid as the state’s obligation to fulfill the constitutional rights of the poor expanded in the Law No. 16 Year 2011 on Legal Aid , involving not only advocate, but also paralegals, lecterur and college students of faculty of law. This is because the constitutional legal aid was adopted by Act No. 16 of 2011. Thus justice seekers who are unable or poor should get legal assistance in legal proceedings to obtain justice. Governments need to do the verification, selection, and evaluation, as well as provide accreditation for legal aid agencies that meet or do not qualify as legal aid.

The Amendments of the 1945 Constitution after reformation era brings the consequences of the necessity to adjust legislation under the constitution, either by elaborating new legislation or change the existing ones as well as through the elaboration of the rights to constitutional review against that legislation. On the other hand, the Amendment of the 1945 Constitution introduced the Constitutional Court as a court for constitutional matters of which one of the jurisdictions is to review laws against the 1945 Constitution. Since the beginning, as stated in Law No.24 of 2003 on Constitutional Court, the right to constitutional review has been given half-heartedly. To that fact, the Constitutional Court Law contains: restrictions of laws that may be tested, filing requirements, categorization of the verdict, and the composition of the constitutional judges. In the perspective of progressive law, the Constitutional Court’s ignorance of that restrictions considered as contrary to the constitution itself. However, in certain cases, especially related to the filing requirement for constitutionality review, The Constitutional Court is still locked by the restrictions given by Constitutional Court Law, even it is institutionalized through jurisprudence.

Social needed of Indonesia people about Constitutional Complaint is urgent and must be held as an effort to protect constitutional rights of Indonesian people itself. The application of a concept without adaptation of new system to original system will make disorder the original system that has been used in Indonesia Law System. No many changes in adaptation of Constitutional Complaint to law system of Indonesia. The effort to protect constitutional rights of Indonesian people in life and freedom of religion must be selected carefully. Government has a duty to protect the society form deviate conviction that indicated can destroy the peace of society or hurt the other religion. For that case, Constitutional Complaint can’t be used as a mechanism to protect the deviate conviction for the reason to protect the life and freedom of religion. The mechanism of Constitutional Complaint as an authority of Constitutional Court first must held the socialization to all Indonesian people in order to the closeness between Indonesia people and Constitution of Indonesia.

El presente artículo constituye un análisis de derecho procesal constitucional comparado de las acciones constitucionales de amparo en México y de la acción constitucional de protección en Chile, constatando las similitudes y diferencias existentes entre ambas instituciones de los dos países latinoamericanos, como asimismo, la necesidad de regular por ley la acción constitucional de protección, como es la regla general en el derecho comparado.This article is an analysis of comparative procedural constitutional law of the mexican constitutional "amparo" action, and the Chilean constitutional protection action, noting the similarities and differences existing between these institutions in both Latin-American countries, and the necessity of the regulation by law of the constitutional protection action, as is the general rule in comparative law.

The processes of modernisation, existence and diversification of social activity at the end of the 20th and beginning of the 21st century and the increasingly evident connection among sport, political, economic, cultural and social realities are also reflected in the constitutional law of a modern state. In an attempt to answer the question which was raised when constitutional law appeared in unexpected places (stadiums) and because of which sport and sport rights should be taken seriously, the authors outline some relevant connections and problems in the relationship among the state, politics and sport, constitutional law and the subjective law of individuals This is the constitutionalisation of sport topics in the area of European and national law.

The enlarged perception of the constitutional rights as the value guidelines or the so-called objective order of values (and not only constitutional rights in their negative or defensive function), which is to be enforced in all social relations, including those between private subjects(so-called objective legal dimension of the constitutional rights), caused as a consequence the enlarged set of addressees of the constitutional rights, too. Not only the state, but also the private subjects should be obliged to respect (or even grant) the constitutional rights. In the constitutional law theory this question has been replaced by the theory of the protective duties of the state (grundrechtliche Schutzpflichten)(so-called positive obligations of the state).

This article examines the compulsory psychiatric regime in Hong Kong. Under section 36 of the Mental Health Ordinance, which authorises long-term detention of psychiatric patients, a District Judge is required to countersign the form filled out by the registered medical practitioners in order for the detention to be valid. Case law, however, has shown that the role of the District Judge is merely administrative. This article suggests that, as it currently stands, the compulsory psychiatric regime in Hong Kong is unconstitutional because it fails the proportionality test. In light of this conclusion, the author proposes two solutions to deal with the issue, by common law or by legislative reform. The former would see an exercise of discretion by the courts read into section 36, while the latter would involve piecemeal reform of the relevant provisions to give the courts an explicit discretion to consider substantive issues when reviewing compulsory detention applications. The author argues that these solutions would introduce effective judicial supervision into the compulsory psychiatric regime and safeguard against abuse of process. [ABSTRACT FROM AUTHOR]