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All Journal PROSIDING Brawijaya Law Journal : Journal of Legal Studies Jurnal Hukum IUS QUIA IUSTUM Nagari Law Review JOURNAL EQUITABLE Jurnal Yudisial Jurnal Abdimas Madani dan Lestari (JAMALI) International Journal of Educational Review, Law And Social Sciences (IJERLAS) AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW The International Journal of Politics and Sociology Research Unisia
Suparman Marzuki, Suparman
Fakultas Hukum Universitas Islam Indonesia
Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Kelangkaan Sumberdaya dan Konflik Kekerasan Suparman Marzuki
Unisia No 30 Tahun 1996
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.v0i30.5817

Abstract

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Hak Atas Pembangunan Sebagai Hak Asasi Manusia Suparman Marzuki
Unisia No 44/XXV/I/2002
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.v0i44.5876

Abstract

The increasing of an unequal realities based on the equality as asserted in the Universal Declaration of Human Rights is as result of development. Because the development in the states of third world (developing countries) which depended on market mechanism with its variety emerged many problems. It seems development did not depart from the human rights perspective. It did not only raise the impact including on poor society, but also emerged crisis in economic, politic, law and cultural, and crisis in all fields mentioned above influences on human life largely. In this sense, according to the writer to maintain human rights there is also human obligations. In the context of fulfilling the development rights the government and the people have human obligations to fill sphere of social, economic and cultural so the rights in development could be enjoyed by all without exception. 
Political and Legal Configurations Emergence of Laws Concerning Human Rights After the Fall of the Orde Baru Regime Moh. Syafi`ie; Suparman Marzuki
The International Journal of Politics and Sociology Research Vol. 10 No. 2 (2022): Politic and Sosiology
Publisher : Trigin Publisher

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Abstract

This research was conducted using a legal sociology approach because it wanted to open a dialectical perspective from the political and legal constellation that occurred in Indonesia, both in the New Order regime era and in the transitional era towards democracy so that the Law on human rights emerged. Data collection was carried out using a literature study in the form of a literature review and a documentation study. While the data analysis was carried out in a qualitative descriptive manner (content analysis). The results of this study indicate that the existence of Law No. 39 of 1999 concerning Human Rights did not appear suddenly and from a critical awareness of the government, but was the result of a long struggle from the dynamics and political and legal struggles that existed in Indonesia during the authoritarian regime. the new order, pressure from the international community, as well as influencing the political and legal configuration after the fall of the New Order regime. The political and legal configurations of the New Order era were hegemonic, tyrannical and centralistic. The state becomes a terror power (state terrorism), a corporate state (state corporatism), a patron client state (state clientelism) and becomes a state that rules public opinion (state discourse). Systemic violations of human rights led to demands for total reform from the people which were very massive and demanded Suharto step down from the presidency. Meanwhile, politics and law in the post-New Order regime era were marked by a spirit of respect for human rights. The political configuration experienced liberalization and the law required reforms to be based on the universal values ​​of human rights. Departing from the sociological facts of the political and legal configuration of the New Order and its destruction towards a democratic transition (reform), the DPR/MPR political decree was realized in the form of TAP MPR No.XVII/MPR/1998 concerning Human Rights. This political decree is the soul of the emergence of the Act. No. 39 of 1999 concerning Human Rights, Law No. 26 of 2000 concerning the Human Rights Court, and other laws with dimensions of human rights in the reform era.
Realitas Pemenuhan Hak Penyandang Disabilitas di Lembaga Pemasyarakatan Suparman Marzuki; Despan Heryansyah
Nagari Law Review Vol 4 No 1 (2020): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.4.i.1.p.92-105.2020

Abstract

To fulfill the rights of persons with disabilities in correctional institutions is an inseparable part of the paradigm of the integrated criminal justice system, which is also the spirit of Law No. 8 of 2016 concerning Persons with Disabilities, that the judicial process is an inseparable unit since the handling of cases by the police, prosecutors, the judiciary, up to the implementation of court decisions through the Ministry of Law and Human Rights. The court's decision in the form of imprisonment is carried out by a prison. However, even though Indonesia has ratified the Convention on the Rights of Persons with Disabilities and ratified Law No. 8 of 2016 concerning Persons with Disabilities, barriers to the fulfillment of the rights of persons with disabilities in prison are still common. The results of this reaserch indicate that the problematic fulfillment of that right was found in the form of various obstacles faced by persons with disabilities in all correctional business processes. Both the constraints of physical facilities and infrastructure, regulatory constraints, and human resource constraints. This situation is also exacerbated by the reality of overcapacity experienced by all correctional institutions in Indonesia. This research is a form of nondoctrinal research, where the data used are primary data by looking at the reality of fulfilling the rights of persons with disabilities in prison and interviewing several related parties
Neglecting Laws and Rights of Local Communities: A Human Rights-Based Approach Analysis of the Development of Indonesia’s New Capital City Marzuki, Suparman; Heryansyah, Despan; Hadi, Sahid
Brawijaya Law Journal Vol. 11 No. 2 (2024): The Role Of Human Rights on ASIA Pacific Policies and Strategies
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2024.011.02.03

Abstract

It is reported that the development of Nusantara as Indonesia’s new capital city tends to be pragmatic and disregards the quality of its processes and outcomes. Such a development has reduced the public’s trust, mainly because of this project’s environmental loss, social-humanity problems, and economic challenges. By employing human rights-based approaches to development, this article discusses the implementation and policy issues of the development of Nusantara in more depth and detail based on the rights holders’ experiences living in the Nusantara and its neighbouring areas. The research reveals that the development of Nusantara, ranging from its planning and policy formulation to its implementation, clearly neglected applicable laws and regulations. It failed to respect the rights of local communities, including indigenous peoples who enjoy their livelihoods in Nusantara and its neighbouring areas. We argue that the lack of respect and protection of human rights in the development implementation is because the development policy of Nusantara is grounded in autocratic legalism, even if it is established in a democratic mechanism.
AKSES KEADILAN BAGI HAK PENYANDANG DISABILITAS BERHADAPAN DENGAN HUKUM (Studi pada Pengadilan Negeri Padang dan Wonosari) Marzuki, Suparman; Heryansyah, Despan
JOURNAL EQUITABLE Vol 9 No 3 (2024)
Publisher : LPPM, Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v9i3.7399

Abstract

Constitutional amendments that accommodate various rights are the starting point for a new era of human rights in Indonesia, including for people with disabilities. Along the way, the Indonesian government has also responsively ratified the Convention on the Rights of Persons With Disabilities (CRPD) into Law Number 19 of 2011, Law Number 8 of 2016 concerning Persons with Disabilities, and PP Number 39 of 2020 concerning Adequate Accommodation for Persons with Disabilities in Judicial Process. Departing from the two contexts above, namely the weak protection of access to justice for people with disabilities and the fairly complete normative guarantee of the right to justice for people with disabilities, the author looks at the further implications for practice in the District Court. Apart from that, the author also analyzes the problems faced by the District Court in providing access to justice, by using the Padang District Court and the Wonosari District Court as research objects. The research results show that to this day, people with disabilities still encounter many obstacles in gaining access to justice. These obstacles are encountered both in terms of regulations, human resources, and facilities and infrastructure. A comparison of the fulfillment of access to justice for persons with disabilities between the Padang District Court and the Wonosari District Court gives rise to quite a sharp gap because it is influenced by at least three factors, namely: the perspective of the Chief of Justice, support from civil society organizations, and support from universities.
URGENCY OF THE FIFTH AMENDMENT OF THE INDONESIAN 1945 CONSTITUTION Suparman Marzuki; Despan Heryansyah; Sahid Hadi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 1 (2023): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i1.631

Abstract

This article focuses on the idea of a fifth amendment to the Indonesian constitution, namely an amendment to the UUD NRI 1945. Stressing today’s constitutional problems, which we identify as deriving from the norms in the UUD NRI 1945, this article presents the urgency of the fifth amendment and how to bring about a democratic constitution. Using a statutory and conceptual approach, this normative study identifies a number of foundational issues in the UUD NRI 1945. Thus, the fifth amendment of the constitution finds its urgency. Through this article, we encourage the fifth amendment to be conducted to present a democratic constitution, both materially and formally.
An Evaluation of Disability Rights Implementation in Indonesian Correctional Institutions: The Cases of LPKA (Youth Correctional Center) Tomohon and Pematang Siantar Suparman Marzuki; Despan Heryansyah
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 2 (2025): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v52.28165

Abstract

The fulfillment of the rights of persons with disabilities has received growing attention, particularly following the enactment of Indonesia’s Law on Persons with Disabilities. In correctional settings, the Directorate General of Corrections mandated in 2020 that all Correctional Technical Implementation Units establish Disability Service Units (Unit Layanan Disabilitas/ULD) to ensure adequate reasonable accommodation for inmates with disabilities. After four years of implementation, it is necessary to evaluate how effectively these units have operated. This study aims to analyze the implementation of ULD policies in ensuring reasonable accommodation and to identify the challenges encountered in fulfilling disability rights within correctional environments. To narrow the scope, the research focuses on two institutions: LPKA Tomohon and Pematang Siantar Prison. The research employs a qualitative approach, gathering primary data through in-depth interviews and direct observation, and is supported by secondary sources from literature reviews, academic articles, books, and relevant research reports. The findings indicate that both institutions have adopted various measures, particularly to improve infrastructure and strengthen the capacity of ULD officers. However, significant challenges remain, including limited policy and budgetary support, constraints on institutional leadership capacity, and varying availability of civil society organizations across regions. These factors hinder ULDs from functioning optimally to provide accessible and inclusive correctional services. Overall, this study underscores the need for institutional strengthening and more comprehensive support to ensure that Disability Service Units can effectively safeguard the rights of persons with disabilities within correctional settings.
Co-Authors Despan Heryansyah Despan Heryansyah Despan Heryansyah, Despan Hadi, Sahid M. Syafi’ie Sahid Hadi