Rooting the Health Impact of Air Pollution: A Review of Human and Constitutional Rights

This research aims to explore the impact of air pollution on human health, emphasizing a perspective rooted in human rights and constitutional principles. The study employs a literature review method, gathering data and information from relevant sources on the topic. Researchers will utilize books and journals as data sources, employing a normative juridical method with a focus on the law to identify significant air pollution impacts that explicitly violate human rights and constitutional principles. Journal findings underscore the urgency of addressing air pollution as a primary priority in safeguarding these rights. The research implications assert that air pollution is not just a public health issue but also undermines fundamental human rights principles. In this context, the study indicates the need for concrete policies and actions to address air pollution in line with human rights and constitutional norms. These efforts are expected to create a healthy environment, ensuring the respect and protection of individuals' basic rights according to applicable legal foundations. The implementation of these solutions is not only a moral imperative but also supports efforts to uphold the integrity of human rights. Therefore, addressing air pollution is not solely the responsibility of public health but also an obligation to ensure that society lives in an environment that supports their basic rights. Thus, tackling air pollution becomes a tangible step in supporting overall well-being and human right

The status of the implementation of the African Children’s Charter: A ten-country study

In 2020, the African Charter on the Rights and Welfare of the Child (ACRWC) celebrates 30 years since its adoption. To date, 50 African States have ratified the ACRWC, and 28 have submitted the initial report, 12 have submitted both initial and periodic reports to the African Committee of Experts on the African Charter on the Rights and Welfare of the Child (ACERWC) on the implementation of the ACRWC and have received recommendations from the ACERWC. To ascertain the extent of children’s rights protection in Africa, the Centre for Human Rights was commissioned to undertake a study on the implementation of the ACRWC in 10 countries, namely: Algeria, Burkina Faso, Burundi, Cameroon, Ethiopia, Ghana, Mozambique, Namibia, Sudan and Tanzania. In-country researchers were engaged to collect data using desk-based research to obtain information consisting of literature, documents and online sources that was then thematically analysed.PublishedIn 2020, the African Charter on the Rights and Welfare of the Child (ACRWC) celebrates 30 years since its adoption. To date, 50 African States have ratified the ACRWC, and 28 have submitted the initial report, 12 have submitted both initial and periodic reports to the African Committee of Experts on the African Charter on the Rights and Welfare of the Child (ACERWC) on the implementation of the ACRWC and have received recommendations from the ACERWC. To ascertain the extent of children’s rights protection in Africa, the Centre for Human Rights was commissioned to undertake a study on the implementation of the ACRWC in 10 countries, namely: Algeria, Burkina Faso, Burundi, Cameroon, Ethiopia, Ghana, Mozambique, Namibia, Sudan and Tanzania. In-country researchers were engaged to collect data using desk-based research to obtain information consisting of literature, documents and online sources that was then thematically analysed

Upaya Perlindungan Hukum dan Hak Asasi Manusia Terhadap Anak Yang Menjadi Pelaku Tindak Pidana

This study aims to determine the form of legal protection, human rights against children who become perpetrators of criminal acts, implementation of implementation and constraints faced by the protection of law and human rights of children who become perpetrators of crime in the District Court of Surakarta. The research method used descriptive juridical empiric method. Sources of data consists of primary data ie interviews and secondary data namely primary, secondary and tertiary legal data. Methods of data collection through literature study and interview, then the data were analyzed qualitatively. The results show that in the implementation, the Surakarta District Court has granted all the rights contained in Article 3 of Law Number 11 Year 2012 on the Juvenile Justice System, in which the implementation of legal protection and the protection of human rights against children commits a criminal offense in the inspection process on the trial of a child in the Surakarta District Court has gone well. However, there are several obstacles faced in the implementation of legal protection and protection of human rights of children who committed crimes in the Surakarta District Court, such as the lack of number of child judges, the lack of knowledge of the defendant against his rights and the absence of child custody

THE IMPLEMENTATION OF INDONESIAN EMPLOYMENT LAW IN PROTECTING THE WELFARE RIGHTS OF INDONESIAN MIGRANT WORKERS ACCORDING TO ISLAMIC LAW

This paper elaborates on implementing Indonesian employment law in protecting the welfare rights of Indonesian Migrant Workers according to Islamic law. This type of research was field research of descriptive qualitative with a case study design. The primary data sources of this study were the Ministry of Employment and The National Agency of Placement and Protection of Indonesian Migrant Workers. The data collection techniques include observation, purposive interview, snowball sampling, documentation, and literature review. The approaches used were juridical, sociological, and normative theological approaches. The data obtained were then analyzed by data reduction techniques, presentation, concluding, and data verification. The study results indicate the implementation of Indonesia’s employment law through the instruments of Constitution Number 13 of 2003 about Employment and Constitution Number 39 of 2004 concerning the Placement and Protection of Indonesian Migrant Workers Abroad (PPIMWA). The revision of Constitution Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers (PIMW) has empowered and employed Indonesian migrant workers optimally and humanely. The theory of Maqasid al-Syar’i‘ah takes the employment into the category of the essential five human elements (al-Daruriyyat al-Khamsu). It refers to religion, soul, lineage, property, and mind at the primary level (al-D{aruriyyat), then the legal protection of Indonesian migrant worker who is komprador in maintaining and preserving human rights must also be embodied

Legal protection to Making Crafts Gerabah (Boso Mare) traditional knowledge copyright in The Mare Island, Town of Tidore Islands, Indonesia

Research Concerning, Legal Protection to Making Crafts Gerabah (Boso Mare) Traditional Knowledge Copyright in the Mare Island, Town of Tidore Islands, focused on the craft Gerabah (Boso Mare) mechanism. This research is to (1) know the extent of legal protection to making craft Gerabah (Boso Mare) traditional knowledge copyright in the Mare Island, Town of Tidore Islands (2) knowing Mare Island people’s understanding of making craft Gerabah (Boso Mare) as traditional knowledge copyright. The research was conducted in Mare Island community. This type of research is normative with data collection techniques through field and literature study. Sources of data obtained in the form of primary and secondary data. Data analysis technique used is qualitative descriptive analysis. The results show that the people of Mare Island do not know about the importance of legal protection to making crafts Gerabah (Boso Mare) as traditional knowledge, the community does not know the registration procedure to register the craft Gerabah (Boso Mare) to the Directorate General of Intellectual Property Rights and the Regional Office of the Ministry of Law and Human Rights of North Maluku. Lack of socialization from Local Government so that people think that craft Gerabah (Boso Mare) hard to imitate, people believe that only the people of Mare Island alone can make crafts Gerabah (Boso Mare). In addition, without registered craft Gerabah (Boso Mare) products still sold in the market. Legal protection to making crafts Gerabah (Boso Mare) the effective participation of all components such as Local Government, Village Government and related agencies and local communities, especially the craftsmen Gerabah (Boso Mare)

LEGAL PROTECTION TO MAKING CRAFTS GERABAH (BOSO MARE) TRADITIONAL KNOWLEDGE COPYRIGHT IN THE MARE ISLAND, TOWN OF TIDORE ISLANDS, INDONESIA

Research Concerning Legal Protection to Making Crafts Gerabah (Boso Mare) Traditional Knowledge Copyright in the Mare Island, Town of Tidore Islands, focused on the craft Gerabah (Boso Mare) mechanism. This research is to (1) know the extent of legal protection to making craft Gerabah (Boso Mare) traditional knowledge copyright in the Mare Island, Town of Tidore Islands (2) knowing Mare Island people’s understanding of making craft Gerabah (Boso Mare) as traditional knowledge copyright. The research was conducted in Mare Island community. This type of research is normative with data collection techniques through field and literature study. Sources of data obtained in the form of primary and secondary data. Data analysis technique used is qualitative descriptive analysis. The results show that the people of Mare Island do not know about the importance of legal protection to making crafts Gerabah (Boso Mare) as traditional knowledge, the community does not know the registration procedure to register the craft Gerabah (Boso Mare) to the Directorate General of Intellectual Property Rights and the Regional Office of the Ministry of Law and Human Rights of North Maluku. Lack of socialization from Local Government so that people think that craft Gerabah (Boso Mare) hard to imitate, people believe that only the people of Mare Island alone can make crafts Gerabah (Boso Mare). In addition, without registered craft Gerabah (Boso Mare) products still sold in the market. Legal protection to making crafts Gerabah (Boso Mare) the effective participation of all components such as Local Government, Village Government and related agencies and local communities, especially the craftsmen Gerabah (Boso Mare). Keywords: Indonesia, Copyright, Protection DOI: 10.7176/IAGS/74-06 Publication date:July 31st 201

Towards the Trustworthy AI: Insights from the Regulations on Data Protection and Information Security

After decades of theoretical deliberations, the rapid development of advanced information technology has allowed machine learning as a first practical step towards artificial intelligence to enter widespread commercial and government use. The transition into a post-industrial, information society has revealed the value of data as an important resource whose processing is the basis of the new innovative information society services. The European Union has enacted several important regulations and directives in the recent past to protect the recognized fundamental rights of individuals and to regulate the obligations of service providers to ensure safe and secure processing. The Charter of Fundamental Rights as the legal basis of the European system of human rights contains significant checks and limitations to the effect and purpose of future EU AI regulation. Whenever and however this regulation is adopted, it will need to comply with and contain existing European legal standards regarding the fundamental rights of individuals in the EU. The European Commission’s ethical guidelines establish ethical principles based on the recognized fundamental rights that future AI systems need to adhere to in order to be recognized as trustworthy. The purpose of this paper is to present and analyse the mechanisms present in existing European regulations in the fields of data protection and information security and in the European Union documents regarding the future artificial intelligence regulation and to offer suggestions for future regulations. The research methodology includes a comparative analysis of available regulations and policy documents of the European Union, national laws, legal literature, and other sources

Penegakan Hukum Yang Ditunjukan Untuk Anak Disabilitas Yang Ditelantarkan

Children are a form of gift and trust from God. Every child, without exception, has value and dignity as a human being. Including children with disabilities, who are also obliged to receive protection from family, parents, law and government, just like other children. Children with disabilities sometimes do not feel fully accepted in their environment, especially their parents, and some families feel that children with special needs are a disgrace. This research was conducted using normative legal methods. To collect data, the author applied several approaches, including the case approach, statutory approach, and comparative approach. Sources of research data come from literature, including books, journals, articles, legal studies, and regulations relevant to the research topic. Regulations regarding the rights of persons with disabilities have an impact on other regulations that exist under them. Based on Law no. 39 of 1990 concerning Human Rights, Article 5 (3) confirms that every individual from a group considered vulnerable has the right to special protection and to be treated equally before the law. Constitution no. 8 of 2011 concerning Disabilities sets out the rights that persons with disabilities should receive to ensure their equal rights. In the regulations, the term "child" means someone who has not reached the age of 18 years and includes those who are still in their mother's womb. Meanwhile, the word "disability" comes from English, namely the word "disability" which means "disability" or "inability". Disabilities have several types of variants, namely physical, mental, intellectual and on the autism spectrum and body sensory. Special protection for children in Article 59A states what is included in special protection, namely providing effective care, providing psychosocial support, providing social support and providing protection and support during the judicial process. Children's rights are also for children with disabilities, there are several main principles including the principle of equality without discrimination, the principle of prioritizing children's welfare, the principle of ensuring the survival and growth of children, the principle of respecting children's opinions and dignity

Judicial Activism as a Pathway to Environmental Justice in Africa’s Mining Industry: The Case of Nigeria and South-Africa

Africa’s mining industry embodies the tension between socio-economic development, and environmental protection. On account of their abundant mineral resource endowments, Nigeria and South-Africa constitute Africa’s mining hub with the attendant environmental burdens evident in the distortion of natural environmental equilibrium, disruption of ecosystem services and dislocation of the people from their cultural moorings contrary to extant global and regional instruments on development and human rights. Notwithstanding the negative externalities of mining, the incidence of poverty and the absence of basic amenities in many mining communities often combine to frustrate the effort of mining-affected persons to obtain redress for the violation of their environmental rights. The situation is worsened by the prevailing uncertainty in mining regulatory frameworks in Nigeria and South-Africa. For instance, while section 24 of South-Africa’s constitution guarantees the environmental rights of citizens, the gaps and uncertainties in the country’s Minerals and Petroleum Resources Development Act (MPRDA) 2002 and its regulations undermine the regulatory capacity to hold mining companies accountable. Similarly, while section 20 of Nigeria’s constitution provides for environmental rights, its potency is deflected by section 6(6)(c) of the same constitution which makes environmental rights unenforceable in court. The situation is aggravated by the defects in the country’s Minerals and Mining Act (MMA) 2007 and its regulations which concertedly undermine citizens’ environmental rights. Using the analytical model as methodology and survey of relevant literature and case law as sources of data, this study examines the weaknesses of Nigeria’s and South-Africa’s mining regulations in relation to citizens’ environmental rights. The study found that legislative ambivalence and defective public participation frameworks hold sway in both jurisdictions for which judicial activism, poverty alleviation and improved public involvement in the issuance of mining permits and licenses are recommended for the attainment of environmental justice

Child Exploitation and the FIFA World Cup: A review of risks and protective interventions

This review was commissioned by the Child Abuse Programme (CAP) of Oak Foundation, a large international philanthropic organisation. It forms part of CAP’s effort to win societal rejection of practices such as the sexual exploitation of children and adolescents around major sporting events (MSEs), and to embed prevention and protection from exploitation as a permanent concern for global sports-related bodies. This review is intended to inform action in countries that host MSEs and to provide some suggestions on how hosting countries can avoid past pitfalls and mistakes in relation to child exploitation, especially economic and sexual exploitation. Importantly, it also acts as a call to action by those responsible for commissioning and staging MSEs, such as FIFA and the IOC, to anticipate, prepare for and adopt risk mitigation strategies and interventions. Positive leadership from these culturally powerful bodies could prove decisive in shifting hearts, minds and actions in the direction of improved safety for children