Justitia et Pax
Vol 36, No 1 (2020): Justitia et Pax Volume 36 Nomor 1 Tahun 2020

BAYANGAN AKAN BANGSA DALAM KONTEKS HAK UNTUK MENENTUKAN NASIB SENDIRI: SUATU WACANA

Moeliono, Tristam Pascal (Unknown)



Article Info

Publish Date
06 Jun 2020

Abstract

Two issues shall be discussed: what is meant by people’s right to self determination and how has it been realized, also in the context of indigenous-tribal peoples. Analysis shall be done, by using a juridical doctrinal method. The purpose would go beyond explaining but also induce understanding of people’s right to self determination in the context of nation states. One determining faktor in the construction of a nation state is the emergence of an imagined solidarity between peoples from different races, tribes, or religious beliefs, being the result of suffering under colonialism. Notwithstanding that indigenous or tribal peoples may and in fact experience similar suffering under the state they are considered to be part of, international law, while recognizing their right to self determination, does not fully extend the same scope of rights to them.

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Journal Info

Abbrev

justitiaetpax

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JEP is primarily aimed to facilitate the legal scholars, researchers or practitioners in publishing their original or reviewed articles as well as to support the enactment of in-depth discussions on the related issues. It is also purposed to become a source of reference for those are involved in ...