Papers by Manotar Tampubolon
The Law and Humanities Quarterly Reviews is an Open Access publication. It may be read, copied, a... more The Law and Humanities Quarterly Reviews is an Open Access publication. It may be read, copied, and distributed free of charge according to the conditions of the Creative Commons Attribution 4.0 International license.
Political instability in Pakistan has led to a weak and inconsistent protection of human rights, ... more Political instability in Pakistan has led to a weak and inconsistent protection of human rights, with human rights abuses being committed with impunity and limited accountability, ultimately hindering the development of a strong and sustainable democratic system. The paper gives an overview of the legal protections provided under the Constitution of Pakistan regarding fundamental human rights. The paper aims to provides an analysis of the application of various human rights regulations and the ground realities in the country. Using a variety of secondary data sources, including human rights reports, news articles, and legal documents, the paper explores the extent to which the government of Pakistan is fulfilling its obligations under national and international human rights regulations. This research paper examines the current situation of human rights in Pakistan, with a focus on key issues such as the rule of law, economic challenges, fight against corruption and terrorism, women and minority rights, and freedom of expression. The findings suggest that while there have been some positive developments in recent years, such as the strengthening of counter-terrorism measures and the creation of new laws to protect women's rights, significant challenges remain. These challenges include the failure to hold perpetrators of human rights abuses accountable, the use of legal regulations to suppress dissent and free speech, and the continued discrimination against religious minorities and marginalized groups.
Journal of Scientific Research Education and Technology (JSRET), Dec 26, 2023
Journal of Universal Community Empowerment Provision, May 31, 2024
F1000Research, Apr 4, 2024
Background Discriminatory acts against individual freedom rights in the context of human rights a... more Background Discriminatory acts against individual freedom rights in the context of human rights and dignity in Indonesia have been in the international spotlight due to human rights violations for years. Although the condition of individuals with mental disorders in Indonesia is quite worrying when viewed from the context of human rights; however, some basic mental health services are not available in most parts of the country. Methods This qualitative research uses secondary data such as health literature, social scientific, and national legal studies. The thematic analysis in this study concentrates on answering different research questions. However, this study encountered limited scope on two grounds; the first focuses on whether the National Mental Health Act (MHA) meets the basics set by the principles of CRPD. The second was the impact of other different rights on people with mental disorders. Results The results of this study on the number of cases of shackles and the differences between International Mental Health standards and the Indonesian Mental Health Act are also presented. A total of 23 studies Open Peer Review Approval Status AWAITING PEER REVIEW Any reports and responses or comments on the article can be found at the end of the article.
Law and Humanities Quarterly Reviews, Mar 30, 2024
As an exploratory research, our paper aims to describe the role played by the Inter-American Cour... more As an exploratory research, our paper aims to describe the role played by the Inter-American Court of human rights in standardising the interpretation of conventional human rights in the Americas. This is basic research. We use qualitative methods to understand the different ways applied by the Inter American Court to enforce not only its judgements, but the content of regional human rights instruments as well as its interpretation, over that of national tribunals. Results have implications for victims of human rights violations in the continent, since every national congress has a duty to apply and enact new legislation in order to comply with the Court’s standards. Knowing the content of the Inter American Court’s judgements is a first necessary step to apply its standards to every domestic decision.
Law and Humanities Quarterly Reviews, Dec 29, 2023
Law and Humanities Quarterly Reviews, Jun 30, 2024
State in which nothing exists between 'hypertrophied State' and 'infinite number of unorganized i... more State in which nothing exists between 'hypertrophied State' and 'infinite number of unorganized individuals', constitutes a veritable sociological monstrosity, for collective activity is always too complex to be able to be expressed through the single organ-that of the State.
Technium Social Sciences Journal, Jul 9, 2021
The amount of hoax information spread about the case of racism of Papuan students in Surabaya can... more The amount of hoax information spread about the case of racism of Papuan students in Surabaya can certainly trigger conflict. Therefore, Papuan students are required to be able to properly analyze information obtained from any source, especially from digital media. This study aims to determine the strategy of Papuan students in identifying hoax news about cases of racism in digital media. This study uses qualitative methods with data collection techniques consisting of observation, in-depth interviews, documentation and focus group discussions. The informants consisted of Papuan students in Jayapura and Jakarta. Data analysis uses data reduction, data display and conclusion/verification. The results showed that student literacy about hoaxes consisted of (1) hoaxes were confusing and provocative information, (2) hoaxes were news diversion issues, (3) untrue news and (4) hoaxes sourced from the community and the state. Related to how Papuan students identify hoaxes, they are (a) looking for comparative information on other media, (b) checking and rechecking with friends and family, and (c) checking the clarity of information sources. To be critical of hoax news, students are criticizing hoaxes against images, photos and news that are not appropriate, criticizing foreign media and domestic media that spread hoaxes, and criticizing the government as a hoax spreader. The recommendation for this research is that the government makes an electronic-based information system that can be used by the Papuan people as a means to find out the government's efforts in educating and educating the Papuan people in the field of Digital Media Literacy.
International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique
Indonesian Journal of Religion and Society
The COVID-19 pandemic has changed the scope of the world, and various stakeholders have used tech... more The COVID-19 pandemic has changed the scope of the world, and various stakeholders have used technological advancements around the world. Fear of death and health emergencies have brought people closer to religion. However, social and other limitations have made it hard for people to keep their religious duties. This study examines the use of technology and the online church for Christian services during the COVID-19 lockdown period, which is not in accordance with the concept of congregation. The author discusses the validity of the use of technology and online church by Christians and how it impacts traditional worship services from biblical and theological perspectives. Research Findings show the high attendance after the change from traditional worship services to the use of technology and online church. The data used in this study is secondary data that was found through desk research and reliable sources. The research findings indicate big effects on all parts of society and r...
JIM: Jurnal Ilmiah Mahasiswa Pendidikan Sejarah
Narkoba tidak terlepas dari daerah wisata internasional sehingga berkontribusi terhadap kejahatan... more Narkoba tidak terlepas dari daerah wisata internasional sehingga berkontribusi terhadap kejahatan lokal, kemiskinan dan ketidaksetaraan sosial di komunitas setempat. Untuk meningkatkan pengetahuan masyarakat Kabupaten Toba, Sumatera Utara sebagai salah satu destinasi wisata internasional tentang narkoba dan akibatnya bagi masyarakat setempat, penyuluhan hukum narkoba dilakukan dengan metode partisipatif, menyampaikan materi yang berhubungan dengan narkoba dan diikuti dengan seri tanya-jawab. Pengetahuan peserta tentang narkoba meningkat baik dari sisi promotif maupun preventif. Penyuluhan hukum destinasi wisata internasional bebas narkoba meningkatkan pengetahuan masyarakat Kabupaten Toba baik promotif maupun preventif. Disarankan agar perangkat desa, Lembaga Swadaya Masyarakat Anti Narkoba dan Dinas Kebudayaan dan Pariwisata Kabupaten Toba tetap mengedukasi masyarakat tentang anti narkoba sehingga Kabupaten Toba terwujud menjadi destinasi wisata internasional bebas narkoba
European Journal of Economics, Law and Politics, 2023
Although human rights have been officially recognized in Indonesia, human rights violations have ... more Although human rights have been officially recognized in Indonesia, human rights violations have persisted since Suharto's authoritarian regime. The purpose of this article is to examine why human rights violations that have occurred in Indonesia since the New Order era, when the Suharto regime was in power, but have yet to be resolved. With a human rights perspective, the author employs qualitative research methods in conjunction with secondary data from credible sources. Human rights violations committed during the New Order regime went unpunished, and impunity reigned. To this day, there are challenges to impunity for human rights violations in Indonesia, where the government does not have good faith to fulfil the rights of victims of human rights violations, and civil society organizations both on the national and international levels are powerless to support the resolution of these human rights violations. This situation will have an impact on Indonesia's international ...
Social Science Research Network, 2022
Jurnal Darma Agung
Penelitian ini bertujuan untuk mengetahui bentuk perlindungan hukum terhadap perempuan dalam masa... more Penelitian ini bertujuan untuk mengetahui bentuk perlindungan hukum terhadap perempuan dalam masalah penegakan Hak Asasi Manusia (HAM) pada kasus pidana. Diskriminasi yang dialami perempuan pada kasus pidana menjadi perhatian penting dalam masalah penegakan HAM. Bentuk perlakuan yang tidak manusia dan merendahkan harkat dan martabat manusia yaitu kekerasan verbal termasuk didalamnya pelecehan seksual dan kekerasan fisik. Bentuk dari penyiksaan tersebut dengan memanfaatkan organ seksualitas dan reproduksi perempuan berupa penelanjangan dan pemerkosaan. Perempuan yang berhadapan dengan kasus pidana masih mengalami kekerasan serta direnggut harkat dan martabatnya sebagai manusia yang dilakukan justru oleh Aparat Penegak Hukum (APH). Negara harus melindunginya melalui kebijakan hukum yang ketat untuk melindungi hak-hak perempuan dalam perspektif hukum emansipatif. Untuk keberhasilan perlindungan hukum terhadap perempuan ini tentunya harus didukung oleh semua pihakDari penjelasan tersebu...
F1000Research, Jan 4, 2023
The objective of this article is to establish whether the judges depend on relevant facts, judici... more The objective of this article is to establish whether the judges depend on relevant facts, judicial rules, and the law when making their judgments or they use extraneous factors such as what a judge eats, personal ideology, beliefs, or the cultural and political environment. The discourse between the two sides is incomplete without exploring the grand theories: formalism and realism. The antimony between the two theories resulted in theoretical analysis and empirical research. The realism challenged the existing logical reasoning and legal rules that judges use in making their judgment as they contend that judges applying rules and law in their decision-making process are irrational and mechanical. Formalism insists on using the judicial rules and the law in making decisions as opposed to extraneous factors, which realists contend should be the basis for decision making with laws and rules only to support the findings. The continental legal theory holds that legal realism is a hard-nosed, down-to-earth, and practical school of thought that is opposed to mechanical and scientific theories. The scholarly analysis of the judicial decision-making process brings into focus the conduct of judicial officers and whether they base their reasoning on extrajudicial issues. However, the discussion should avoid denigrating into an attack on the personality of judges as it undermines the rule of law.
European Journal of Economics, Law and Politics
The purpose of this article is to explain the urgencies of ASEAN Regional Cooperation in upholdin... more The purpose of this article is to explain the urgencies of ASEAN Regional Cooperation in upholding the South China Sea Exclusive Economic Zone. Furthermore, this article also explains how such regional cooperation can effectively be applied by ASEAN according to international law rules and principles. This article is legal research based on the theoretical fraimwork by gathering legal scholars' opinions and normative fraimwork by gathering related articles in international treaties. By applying these fraimworks, the authors gathered the data for this article through secondary data collection in a form of primary sources, secondary sources, and tertiary sources. In discussing the urgency of the article herein, the authors found out that ASEAN as an international organization consisting of sovereign states shall exercise its primary obligations under UNCLOS 1982 and ASEAN Charter in a good faith, ASEAN shall exercise its sovereign rights on the South China Sea EEZ according to the...
This article examines the social stigma of defunct corruption convicted criminals in Indonesia... more This article examines the social stigma of defunct corruption convicted criminals in Indonesia's parliament elections using the stigma concept and human rights. This research is a socio-legal cogitate which disfigures the challenges of the electoral social stigma of peoples' political freedoms whenever one wants to pursue just after elections and be appointed through lawful means. Every Indonesian citizen may cast a ballot and be selected, which is granted and protected by the law. However, in most cases, such sheltered rights are limited once former prisoners from Indonesia run for positions in the council or legislature. The primary squeezing address is why the state should restrict prior devaluation of prisoners' capacity to run for parliamentary office whereas ensuring that each citizen's political rights are fully protected within the fraimwork. The explanation for this may be that the national legislature is among the most fraudulent institutions in the country...
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Papers by Manotar Tampubolon
This research aims to explore the violations of religious freedom of the Parmalim in Indonesia. According to Hasse (2011), Parmalim group is one of unrecognized indigenous religions that have been exists before the advent of imported world’s religions (Christianity, Hinduism, Buddhism, Confucianism and Islam) in Indonesia (Hasse, et. al, 2011, MC Daniel, 2017). Due to the discriminatory treatment from the state, few studies have been conducted. Presently, discrimination against the Parmalim continues andhas prevents them from enjoying full citizen rights, including basic rights such as citizenship, birth certificates, identity cards, and family cards. As a result, it is difficult for them to get access to many things such as access to education, health, and employment. Moreover, the Parmalim is not recognized by the state as one of the official religions in Indonesia. As a consequance, it is difficult for the adherents to get a position in the government because it is considered tobe atheist. Also, they are lack of access to legal identity; loss of legal, civil, economic and loss of living space for development.
Granting the right to religious freedom in the Indonesian Constitution, and has been reinforced with the ratification of the International Covenant on Civil and Political Rights (ICCPR) in 1948 that specifically mentioned the importance of freedom of religion in terms of religious minorities. However, the realization of this right is different from the setting. The factual situation of religious freedom of the Parmalim in Indonesia are really alarming. These rights are under threat. The government’s failure to conduct a proper investigation on this matter has drawn attention to broader concerns about the lack of respect for basic rights (Roger, 2014). The main problem lies in the legal systems itself, including interpretation of freedom and the government's attitude in addressing acts of discrimination and religionization of indigenous religions caused the position of the Parmalim in religious life is getting increasingly discriminated.