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All Journal JHCLS Human Rights in The Global South (HRGS)
Al Anwary, Muhammad Anis Zhafran
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Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice

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Critiques on Contemporary Discourse of International Human Rights Law: a Global South Perspective Pratiwi, Cekli Setya; Listiningrum, Prischa; Al Anwary, Muhammad Anis Zhafran
Human Rights in the Global South (HRGS) Vol. 1 No. 1 (2022)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (282.231 KB) | DOI: 10.56784/hrgs.v1i1.3

Abstract

International human rights law faces various critiques among scholars such as Mutua and Posner. Mutua claims that international human rights law fails to accommodate cultural values, while Posner demands about its effectivity. Referring to Langford, this paper uses critical analytic approach to evaluate Posner’s critique and Mutua’s main thoughts. Langford counter critiques of Mutua and Posner are significant to mediate the discourses by providing current evidence. While opposing Posner and Mutua’s critiques of international human rights law, this paper supports Langford’s counter critiques because of three reasons. First, Langford's comprehension can ensure that IHRL not only accommodates individual rights but also communal rights. Second, Langford’s recent study indicates the effectiveness of international human rights law. Third, Langford develops a new optimism that social rights are justiciable although the strategic idea of integrating human rights with development still needs to be elaborated further. Therefore, it is significant to follow Langford’s suggestion to optimizing the international human rights law as the most recognized general standard to prevent human rights violation against the abusive power.
The Space Between Us: Questioning Multi-Spatial Justice in the Upcoming Indonesia’s Capital Listiningrum, Prischa; Al Anwary, Muhammad Anis Zhafran; Widiarto, Aan Eko; Susmayanti, Riana; Nurosidah, Sherlita
Journal of Human Rights, Culture and Legal System Vol. 3 No. 3 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i3.169

Abstract

Land is not only defined as an object of ownership by certain community groups, especially indigenous communities. Land has intrinsic value inherent in the way of life and culture, thus affecting the quality of life. This article examines the potential implications of the land acquisiton process in the prospected Nusantara Capital in regards to the fulfillment of the right to an adequate standard of living. It is reviewed by engaging multi-spatial justice within the context of city development and urban transformation with learning lessons from Brasilia and Jakarta. Utilizing a qualitative socio-legal approach, the research employs systematic and structural interpretation of various legal instruments. It incorporates the concept of multi-spatial justice as part of a critical legal geography and urban sociology theory to understand the potential of segregation and gentrification in the Nusantara Capital. The results highlight three key aspects. Firstly, the concept of multi-spatial justice underscores the need to consider diverse spatial entities and their equitable treatment. Secondly, analyzing the State Capital Law reveals both promising and concerning aspects of spatial justice. While it aims to balance development and inclusivity, inconsistencies within the law's provisions raise concerns about potential injustices. Lastly, the study anticipates future inequities between local and urban spatials due to unequal land compensation. These findings emphasize the importance of addressing procedural and substantive fairness in land acquisition, fostering inclusive urban development, and aligning legal instruments with principles of multi-spatial justice.
Co-Authors Aan Eko Widiarto Cekli Setya Pratiwi, Cekli Prischa Listiningrum Riana Susmayanti Sherlita Nurosidah, Sherlita