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Pasaribu, Mia Gisella Kartika
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Law, Crime, Criminology & Criminal Justice

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Pembatasan Kebebasan Hak Asasi Manusia dalam Freedom of Speech Pasaribu, Mia Gisella Kartika
Honeste Vivere Vol 35 No 1 (2025): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v35i1.360

Abstract

Freedom of Speech is one of scope of human rights (HAM). Human rights are a natural right that is inherent in humans and is protected worldwide based on the publication of various human rights instruments by the United Nations (UN). Indonesia as a democratic country participates in full support for freedom of opinion by every citizen who applies the 1945 Constitution article 28E paragraph 3, Law No. 39 of 1999 Article 23 paragraph 2, and Law no. 12 of 2005 concerning Ratification of the International Covenant on Civil and Political Rights (ICCPR). Various normative rules that provide guarantees that freedom will be expressed are in conflict with the normative rules in the ITE Law and the Criminal Code. In essence, inherent human rights must not be limited, but the Siracusa Principles allow action against human rights in certain conditions in each country. The application of legislation has actually been implemented in Article 28J of the 1945 Constitution regarding freedom of rights which are limited to freedom of other rights as well. These human rights restrictions are also included in the Siracusa Principles which are part of the ICCPR. This becomes interesting regarding the extent to which these limitations are legitimate in human rights.
PENEGAKAN PROVINCE OF ALL MANKIND DALAM KOMERSIALISASI ANTARIKSA Pasaribu, Mia Gisella Kartika; Tanggono, Sandy
Honeste Vivere Vol 35 No 2 (2025): July
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v35i2.428

Abstract

The development of space law under the Space Agenda 2030 has undergone numerous phases and evaluations. Human rights are an inseparable part of international law that must be upheld. Space law and human rights must operate synergistically within a treaty. The need for a treaty to guarantee legal certainty within the limits of commercial activities in outer space is also part of the human rights concerns of space law. The commercialization of outer space has binding regulations, which can then give rise to potential human rights violations, particularly from the perspective of business competition by developing countries and/or environmental threats to human life. These issues should be the focus of space law, allowing for the creation of laws to fill the gaps and establish independent enforcement and oversight instruments for space activities. The Space Agenda 2030 is expected to serve as a forum for the international community to address issues affecting commercial space activities, leading to the creation of space law that effectively prioritizes human rights.
Co-Authors Tanggono, Sandy