Muhammad Khatami
Universitas Airlangga

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Konseptualisasi Pemenuhan Hak Asasi Manusia Generasi Mendatang Atas Lingkungan Hidup Muhammad Khatami; Yuda Mustajab
Forschungsforum Law Journal Vol 3 No 02 (2026): MEI
Publisher : Fakultas Hukum |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/flj.v3i02.14186

Abstract

This research aims to conceptualize the human rights of future generations over the environment. This article begins its discussion with the issue of the incomplete availability of laws to guarantee the human rights of future generations over the environment, especially when this is seen in terms of comparison with several other countries. For this reason, this article questions about the legal guarantee of the fulfillment of human rights for future generations and the design of its fulfillment. Using normative legal research methods, this article has formulated the answer. According to its findings, this article views that the human rights of future generations to the environment are an integral part of the human rights regime itself with the status of collective rights in the building of the third generation of human rights. The principle is that the nature of human rights itself is continuously connected to each generation of human life (continuity). Its legal guarantee is based on the principle of intergenerational equity which gives the current generation the responsibility to protect and respect it. At the same time, it is also up to the state to realize its fulfillment by protecting, to respect, and to fulfil through every implementation of state functions carried out by each branch of state power itself, both inside and outside the territory of the country itself (cross-territorial responsibility).
Immunity Rights of Members House of Representatives from the Perspective of Equality Before the Law Baharuddin Riqiey; Muhammad Khatami; Ali Mannagalli; Nisa Afifah; Rizky Bangun Wibisono
Pamulang Law Review Vol. 9 No. 1 (2026)
Publisher : Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32493/palrev.v9i1.59782

Abstract

The right to immunity is one of the rights held by members of the DPR in carrying out their duties, functions and authorities. This right to immunity essentially confirms that members of the DPR cannot be held accountable or sued in court in carrying out their duties, functions and authorities. Because they cannot be held accountable or sued in court, this right is considered by some people as a right that is contrary to equality before the law. Seeing this problem, this study aims to comprehensively examine and analyze the ratio legis regulating the right to immunity for members of the DPR and the suitability of the right to immunity in the perspective of equality before the law. This study is a legal study using a statutory, conceptual and comparative approach. The results of this study indicate that the ratio legis regulating the right to immunity for members of the DPR is to protect the independence and courage of members of the DPR in carrying out legislative duties. However, when the right to immunity is confronted with the principle of equality before the law, then formally the right to immunity conflicts with the principle of equality before the law, but substantively the right to immunity must be seen as a whole, whether the different treatment is carried out in the same conditions and positions or not.