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Journal : JURNAL ILMIAH ADVOKASI

KEBERADAAN PEKERJA DISABILITAS DALAM PANDANGAN HAK ASASI MANUSIA Pakpahan, Zainal Abidin
Jurnal Ilmiah Advokasi Vol 9, No 1 (2021): Jurnal Ilmiah Advokasi
Publisher : FH Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v9i1.2081

Abstract

Indonesia as a democratic country which has the freedom to enjoy its life legally must be protected, including disabilities, so that part of the constitutional right as regulated in Article 28 I paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Persons with disabilities are far from the government's attention in accommodating their rights so that people with disabilities are often marginalized by other groups so that they are less confident in expression by social interaction with other communities so that their existence is still far from a sense of security and protection legally even though they are rights human rights with disabilities must be treated equally and equally, which should be treated specifically because they have physical limitations, this means that the existence of persons with disabilities can have legal protection. prevailed. The problems in this regard, first, how is the existence of persons with disabilities in human rights, and legal protection in an effort to fulfill their rights. This study is a normative legal study aimed at finding and formulating legal arguments, through analysis of the subject matter. The technique of collecting legal materials is carried out by literature study. The approach used in this research is the statute approach, which is by examining the applicable legal rules relating to disabilities. This research concludes that the government seems still far from fulfilling the rights of persons with disabilities in human rights to obtain government understanding into multiple interpretations that can harm human rights with disabilities.Keywords: Existence, Disability, Human Rights
JUSTICE AND LEGAL CERTAINTY AS A MANIFESTATION IN THE CONTEXT OF CONSTITUTIONAL LAW Pakpahan, Zainal Abidin
Jurnal Ilmiah Advokasi Vol 13, No 1 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i1.7179

Abstract

This journal aims to explore and analyze the relationship between justice and legal certainty in the context of Indonesian constitutional law. Using normative juridical methods, this study identifies the challenges faced in realizing both concepts amidst complex social and political dynamics. The formulation of the problem that arises in this study is about how the relationship between justice and legal certainty in the constitutional law system and what are the challenges faced in realizing justice and legal certainty in Indonesia. The results of the study indicate that community involvement in the legal process and institutional strengthening are key factors in achieving equitable justice. In addition, this study emphasizes the need for more effective legal aid programs and active citizen participation in legal decision-making. These findings are expected to provide valuable insights for the development of more inclusive and equitable legal policies in Indonesia, as well as encouraging the creation of a more democratic society. Keywords: Justice, Certainty, Law, Order, State
EKSISTENSI HUKUM YANG BERLANDASKAN KONSTITUSI DI INDONESIA Pakpahan, Zainal Abidin
Jurnal Ilmiah Advokasi Vol 13, No 3 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i3.8244

Abstract

The constitution is the basic law and the highest law in a country, every citizen and state power organizer must submit to the constitution which is the guideline in state life. The existence of the constitution as one of the elements of the state reflects a state of law because in the constitution it regulates the protection of human rights, the existence of the principles of freedom, equality, openness, justice and the existence of limitations on the power of state organizers so that the law as a rule is not something that just comes, but the law comes from society which is used to regulate the form of relations between humans so that humans cannot escape from the bonds that exist in the midst of social life, and therefore, it is a reality that must be recognized that where there is society, there must be laws that are based on the constitutionKeywords: Existence, Law, Constitution, State