scholarly journals Diskriminasi Pemenuhan Hak Sipil Bagi Penganut Agama Lokal

2018 ◽  
Vol 1 (3) ◽  
pp. 231-239
Author(s):  
Sukirno Sukirno
Keyword(s):  
Civil Rights ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Birth Certificate ◽  
The State ◽  
First Year ◽  
Constitutional Court ◽  
Local Religion ◽  
The Republic ◽  
North Sumatra

AbstractThis paper is the result of research to explore whether the guarantee of religious freedom as guaranteed by Article 29 paragraph (2) of the 1945 Constitution of the Republic of Indonesia applies to adherents of local religions or beliefs, especially indigenous peoples and their implications for population document services. The location of the first year research was carried out on indigenous peoples in Java, namely the Sunda Wiwitan and Adam Religion from Sedulur Sikep / Samin. Then in the second year, there was research outside Java, namely followers of the Parmalim religion in Laguboti, North Sumatra. The results showed that there were different treatments for indigenous people who were still purely embracing local religions and those who embraced local religions who had converted to one of the recognized religions of the state. For indigenous people who have switched to embrace one of the religions recognized by the state, they are not discriminated against by the state, meaning that they can easily obtain residence documents. Whereas for the indigenous people who continue to embrace the local religion get discriminatory treatment, namely on their Identity (KTP) wrote a column of non-religious beliefs as decided by the Constitutional Court No. No.97 / PUU-XIV / 2016, it is difficult to obtain a marriage certificate, the birth certificate is not as usual, because the marriage of his parents has not been recorded.Keywords: Discrimination, Civil Rights, Population Documents, Local Religion.AbstrakTulisan ini merupakan hasil penelitian untuk menggali apakah benar jaminan kebebasan beragama itu sebagaimana dijamin Pasal 29 ayat (2) UUD NRI 1945 berlaku bagi penganut agama lokal atau kepercayaan, khususnya masyarakat adat dan implikasinya terhadap layanan dokumen kependudukan. Lokasi penelitian tahun pertama telah dilakukan pada masyarakat adat di Jawa, yaitu pada masyarakat penganut Sunda Wiwitan dan Agama Adam dari Sedulur Sikep/Samin. Kemudian pada tahun kedua telah dilakukan penelitian di luar Jawa, yaitu penganut agama Parmalim di Laguboti, Sumatera Utara. Hasil penelitian menunjukkan, ada perlakuan yang berbeda bagi masyarakat adat yang masih murni memeluk agama lokal dan masyarakat pemeluk agama lokal yang sudah beralih memeluk salah satu agama yang diakui oleh negara. Bagi masyarakat adat yang sudah beralih memeluk salah satu agama yang diakui oleh negara tidak diperlakukan diskriminatif oleh negara, artinya mereka dapat dengan mudah memperoleh dokumen kependudukan. Sedangkan bagi masyarakat adat yang tetap memeluk agama lokal mendapatkan perlakuan diskriminatif, yaitu di KTP mereka tertulis kolom kepercayaan bukan agama seperti yang diputuskan oleh Mahkamah Konstitusi No. No.97/PUU-XIV/2016, sulit mendapatkan akta perkawinan, akta kelahiran  tidak sebagaimana umumnya, karena perkawinan orang tuanya belum dicatatkan.Kata Kunci: Diskrininasi, Hak Sipil, Dokumen Kependudukan, Agama Lokal.

Konstytucyjne zasady postępowania karnego na tle orzecznictwa Polskiego Trybunału Konstytucyjnego

2017 ◽  
pp. 67-86
Author(s):  
Arkadiusz Krajewski
Keyword(s):  
Civil Rights ◽  
Social Factor ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Constitutional Tribunal ◽  
The Republic ◽  
Humanitarian Principle ◽  
The Right ◽  
Social Importance

The Constitutional Tribunal is defined as the Polish constitutional court and at the same time the judicial authority. It was created at the turn of 1982. Not long after that it began its jurisprudence; more precisely it was in 1986. Describing its basic tasks, it is pointed out that judicial review of so-called constitutional law deserves a closer look. This is particularly true about controlling the compliance of lower legal norms with higher legal norms. Here attention is drawn towards the connection of the Constitution with some international agreements, ie. the court of law. The purpose of the paper below was to analyze the constitutional principles of criminal proceedings in the context of the case law of the Polish Constitutional Court. At the beginning the concept, the division and the role of the constitutional rules of criminal procedure were presented. In this section, it was emphasized that all the rules of the criminal process are considered superior norms of a very significant social importance. Then the principle of objectivity, which is reflected in the Constitution of the Republic, was described. A following aspect was the discussion of the principle of the presumption of innocence and the principle of in dubio pro reo. It has been emphasized that the essence of the principle is that the person who was brought before the court is treated as innocent until a lawful judgment is pronounced against the defendant. The author also pointed out the principle of the right to defense. According to this rule, the defendant has the right to defend themselves in the process and to use the help of a defender. Another described principle is so-called rule of publicity. It concerns the fact that information about criminal proceedings should be accessible to the public. Then it was pointed to the principle of the right to the trial and the independence of the judiciary. The first one is reflected in national law and acts of international rank. The second shows that the independence of the judiciary is determined by the proper exercise of the profession of judge and becomes a guarantee of freedom and civil rights. The humanitarian principle and the principle of participation of the social factor in the penal process are shown in the final section. At the end of the paper a summary and conclusions were presented.

Amendment of the Contravention Code or Defiance of the Constitution by the Exceptional Situations Commission?

2021 ◽  
pp. 56-65
Author(s):  
Iulian Rusanovschi ◽  
Keyword(s):  
Public Health ◽  
The State ◽  
Constitutional Court ◽  
State Of Emergency ◽  
Constitutional Review ◽  
Republic Of Moldova ◽  
The Republic ◽  
The Right ◽  
Epidemiological Situation

On 17.03.2020, the Parliament declared a state of emergency on the entire territory of the Republic of Moldova for the period March 17 - May 15, 2020. By the same Decision, the Parliament delegated the Commission for Exceptional Situations with the right to implement a series of measures to overcome the epidemiological situation in the country. However, in the conditions of a functioning Parliament and despite the clear and exhaustive texts of the Constitution, the Commission for Exceptional Situations amended during the state of emergency the Contravention Code, which is an organic law. The amendments specifically concerned the procedure and terms for examining infringement cases brought in connection with non-compliance with the measures adopted by the Commission for Exceptional Situations and the Extraordinary Commission for Public Health. In the conditions in which an organic law can be modified only by the Parliament, it is obvious the unconstitutionality, at least partial, of the Disposition no. 4 of 24.03.2020 of the Commission for Exceptional Situations, but unfortunately, the Constitutional Court is not mandated with the right to submit to constitutional review the normative acts adopted by the Commission for Exceptional Situations. Under these conditions, the state is obliged to identify solutions in order not to allow an authority to adopt unconstitutional normative acts that cannot be subject to constitutional review.

scholarly journals Constitutional and legal status of the Constitutional Council of France

2020 ◽  
pp. 138-141
Author(s):  
Andrey Irkliienko
Keyword(s):  
Legal Status ◽  
The State ◽  
Constitutional Court ◽  
Dual Nature ◽  
National Assembly ◽  
Binding Force ◽  
The Republic ◽  
Made In

he Constitutional Council of France is a body of constitutional control established by the Constitution of 1958. The ConstitutionalCouncil is not the only body that carries out the control over constitutionality. The peculiarity of constitutional control in France consistsin the fact that it has a dual nature and goes beyond well-known models of constitutional control. The constitutionality of acts, issuedby the Parliament, is considered by the Constitutional Council, and after the executive bodies do that, it is passed on to the State Council.Despite the fact that the Constitutional Council is not nominated by a court, its decisions, by their essence, are judicial acts and,likewise the decisions of the Constitutional Court of Ukraine, are endowed with the property of binding force. They are obligatory forall administrative and judicial bodies and are not subjected to revision (the Paragraph 3 of the Article 62 of the French Constitution).However, it should be taken into account that in addition to binding decisions, the Constitutional Council “expresses opinions” that areadvisory in their nature.In addition to carrying out constitutional control, the Constitutional Council has a number of other functions, such as political,advisory and acts as a court to assess the results of elections of deputies to the National Assembly and the Senate, and elections of thePresident of the Republic. Perhaps that is why the Constitutional Council classifies its decisions due to the types of its own powers.Herewith, the noted specific peculiarities are denoted by the Constitutional Council with the help of fixed letter combinations, which are included in the numbers of decision: REF, enacted on referendum issues; ORGA, enacted on issues of the organization of the Cons -titutional Council, etc.Since, despite all the diversity of functions of the Constitutional Council of France, therefore, its main purpose remains the cons -titutional control. Therefore, using the criterion of powers, under which decisions are made, in terms of initial graduation one shouldpoint out the decisions on issues, which are connected with providing compliance of the Constitution with regulatory acts (assuring thepriority of the Constitution), and decisions passed while carrying out other powers.Decisions of the Constitutional Council outstand with being formal and brief. A decision can take literally a few paragraphs. Themost frequently, the Constitutional Council merely refers to a constitutional norm or is limited to the phrase “these provisions do notcontradict the Constitution”, giving guidance and justifying its position in the least.

scholarly journals Head of State: Function of the President of the Republic of Belarus

Lex Russica ◽  
2021 ◽  
pp. 148-160
Author(s):  
I. G. Skorokhod
Keyword(s):  
Civil Rights ◽  
International Relations ◽  
The State ◽  
State Function ◽  
Organizational Forms ◽  
Head Of State ◽  
The Status ◽  
The Republic ◽  
Legitimate State ◽  
State Body

According to the author of the paper, the head of state is not a position, not a title, not any state body, but the function of the President of the Republic of Belarus, along with the function of the guarantor of the Constitution, human and civil rights and freedoms. The function of the head of state is unchanged and is due to his position in the system of state authorities. This function manifests the nature and essence of the institution of the presidency, which cannot be reduced to specific actions or practices, therefore, it is implemented through the exercise of powers in various organizational forms. In this regard, the concept of “president”, unlike “head of state”, is not static, but dynamic, since the list of rights and duties of the President of the Republic of Belarus is open.Powers are unambiguous, substantive rights and duties of the President, legitimized from the functions and expressed in various organizational forms of his activities. At the same time, the characteristics of the President’s powers can only show the external side of his activities. The powers of the President, in contrast to the functions, are a variable value. The President through representative, legitimation, arbitration, control, rulemaking, personnel, integration, symbolist and ceremonial state powers carries out the function of the head of state.The function of the head of state is the superiority and precedence of the President over all state officials. In accordance with it, the idea of the Republic of Belarus is personified. This function allows the President of the Republic of Belarus to be the main public representative and act on behalf of the Belarusian state both within it and in international relations. This is the result of the state obtaining the status of a legitimate state, the continuity and interaction of state authorities, mediation between them. The constitutional function of the head of state makes it necessary for the President to have instruments of power-state bodies operating within this function.

scholarly journals SEGURIDAD Y JUSTICIA BAJO ACOSO EN TIEMPOS DE VIOLENCIA NEOLIBERAL: las respuestas de la policía comunitaria de guerrero

2013 ◽  
Vol 7 (2) ◽  
pp. 11 ◽  
Author(s):  
Maria Teresa Sierra
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
The State ◽  
Community Police ◽  
El Sistema ◽  
The Right ◽  
Key Aspects ◽  
Relationship Of ◽  
The Relationship ◽  
The Eu

La policía comunitaria es una institución de los pueblos indígenas de Guerrero conocida por su capacidad para enfrentar a la delincuencia y generar alternativas de paz social., através de un sistema de justicia y seguridad autónomo. En los últimos años, sin embargo, el sistema comunitario enfrenta el acoso de actores diversos vinculados al incremento de la violencia y la inseguridad que se vive en el país y especialmente en el estado de Guerrero; dicha situación está impactando a la institucionalidad comunitaria, obligando a su redefinición. En este trabajo destaco aspectos centrales de dicha conflictividad así como las respuestas que han dado los comunitarios para hacer frente a las tareas de justicia y seguridad en el marco de nuevos contextos marcados por el despojo neoliberal y la impunidad de actores estatales y no estatales. En este proceso se actualiza la relación de la policía comunitaria con el Estado revelando el peso de la ambigüedad legal y los juegos del poder así como los usos contra-hegemónicos del derecho para disputar la justicia. ---SEGURANÇA E JUSTIÇA SOB ACOSSO EM TEMPOS DE VIOLÊNCIA NEOLIBERAL: respostas do policiamento comunitário de GuerreroO policiamento comunitário é uma instituição dos Povos Indígenas do Guerrero conhecidos por sua capacidade de lidar com o crime e gerar paz social de forma alternativa, usando um sistema próprio de justiça e segurança. Nos últimos anos, no entanto, o sistema da UE enfrenta assédio de várias autoridades envolvidas no aumento da violência e da insegurança que reina no país e, especialmente, no estado de Guerrero; essa situação está afetando as instituições comunitárias, forçando a sua redefinição. Neste artigo, destaco os principais aspectos do conflito e as respostas que têm a comunidade para lidar com as tarefas da justiça e da segurança no contexto dos novos contextos marcados por pilhagem neoliberal e a impunidade de atores estatais e não estatais. Neste processo, a relação de policiamento comunitário com o estado é atualizada, revelando o peso da ambiguidade e dos jogos de poder legais, além de usos contra-hegemônicos do direito de disputar a justiça.Palavras-chave: violência neoliberal; Guerrero; comunidades indígenas---SECURITY AND JUSTICE UNDER HARASSMENT IN TIMES OF NEOLIBERAL VIOLENCE: responses of the Community Police of GuerreroThe community police is an institution of the Indigenous Peoples of Guerrero known for its ability to deal with crime and generate alternatives for social peace, using a system of justice and self security. In recent years, however, the EU system faces harassment from various people responsible for the increase of violence and insecurity within the country and especially in the state in Guerrero; this situation is impacting instituitions in the community, forcing their redefinition. In this paper I highlight key aspects of the conflict and the community's responses to deal with the tasks of justice and security in new contexts marked by neoliberal plunder and impunity of the state (as well as non state figures). In this process, the relationship of the community police with the state is updated revealing the weight of legal ambiguity and power plays, as well as counter-hegemonic use of the right to dispute justice.key words: neoliberal vilence; Guerrero; indigenous people.

scholarly journals ANALISIS PENYELESIAN SENGKETA INTERNAL LEMBAGA NEGARA (STUDI KASUS PELANTIKAN PIMPINAN DEWAN PERWAKILAN DAERAH REPUBLIK INDONESIA PERIODE 2017-2019)

2018 ◽  
Vol 1 (1) ◽  
pp. 364
Author(s):  
Yanzah Bagas Nugraha ◽  
Dwi Andayani Budisetyowati
Keyword(s):  
Supreme Court ◽  
State Institution ◽  
The State ◽  
The Body ◽  
Internal Conflict ◽  
Constitutional Court ◽  
Leadership Tenure ◽  
The People ◽  
The Supreme Court ◽  
The Republic

The establishment of the Regional Representative Council of the Republic of Indonesia so called Dewan Perwakilan Daerah (DPD-RI) at least has two objectives. The first is to enhance justice for the people in the region. Secondly, to expanding and increasing the participation of local communities in national life. The process to form this state institution is done by amending the 3rd amendment of the 1945 Constitution of the Republic Indonesia. However, in doing that  amendment there was an internal conflict within the body of DPD-RI involving the old and the new leaders of this institution last year. The length of leadership tenure which was initially made 5 years was amended to became 2.5 years. The different length of leadership tenure was then canceled by the Supreme Court and it was decided to be the same as other institution such as The People’s Consultative Assembly and The House of Representative in that the leadership tenure should be in accordance with the electoral cycle of 5 years. However, although the regulation of DPD-RI has been canceled, the Supreme Court keeps sending its representative to guide the oath of position of the new DPD-RI leadership. The only regulation that has been introduced by the state was regulation toward conflict between state institutions and this conflict can merely be resolved by the Constitutional Court. Therefore, there is an urgent need for the state to seek solution to solve this problem to prevent the same thing happened to other state institution in the future.

scholarly journals Features of modern bilingualism and its crisis (on the example of national languages of the CBR)

2019 ◽  
Vol 16 (3) ◽  
pp. 322-329
Author(s):  
Madina A. Khakuasheva ◽  
Almira M. Kazieva
Keyword(s):  
Indigenous Peoples ◽  
Risk Groups ◽  
The State ◽  
Native Languages ◽  
Global Context ◽  
Objective State ◽  
The Republic ◽  
National Languages

The article deals with the situation of bilingualism in the Kabardino-Balkar Republic, which is organically inscribed in the global context. The authors consider some of the most representative criteria that indicate the objective state of the state languages of the CBD - Russian, Kabardian, Balkar, the classification of “risk groups” of UNESCO, as well as facts illustrating the crisis of native languages of the indigenous peoples of the Republic. In addition to the communicative, considered the most important functions of the language, which allow to act including as a basis for concluding philosophical concepts.

scholarly journals The Rights Of The Constitutional Court's Decision On The House Of Representatives 'Representatives About The President's Prospective And / Or The President's Vice Representatives According To The State Basic Law Of The Republic Of Indonesia Year 1945

2019 ◽  
Author(s):  
Fahri Bachmid ◽  
Said Sampara ◽  
La Ode Husen
Keyword(s):  
House Of Representatives ◽  
Vice President ◽  
The State ◽  
Political Institution ◽  
Vocational School ◽  
Constitutional Court ◽  
Basic Law ◽  
The Law ◽  
The Republic ◽  
Legislative Assembly

This study examined the rights of the constutional court’s decision on the house of representative’s representatives about on the president prospective and/ or the president’s vice private vocational school by the state basic state of the Republic of Indonesia year 1945. The purpose of this study is to find out the mechanism of the Constitutional Court in examining, adjudicating and deciding the opinion of the People's Legislative Assembly that the President and / or Vice President have violated the law in the form of treason against the state, corruption, bribery, other serious criminal acts, disgraceful acts, and / or the opinion that the president and / or the vice president no longer meets the requirements as President and / or Vice President. And also To find out the decision of the Constitutional Court as a binding judicial institution on the opinion of the House of Representatives followed up by the MPR as a political institution that the President and / or Vice President has violated the law in the form of treason, corruption, bribery, other serious crimes, disgraceful acts and / or the opinion that the president and / or vice president no longer fulfill the requirements as President and / or Vice President.

scholarly journals Ocalenie Republiki. Charles de Gaulle wobec tradycji republikańskiej (1940-1946)

2018 ◽  
Vol 64 (2) ◽  
pp. 211-247
Author(s):  
Kazimierz M. Ujazdowski
Keyword(s):  
World War Ii ◽  
Civil Rights ◽  
French Revolution ◽  
The State ◽  
Common Belief ◽  
The Republic ◽  
Institutional Variation ◽  
The Public Sphere ◽  
Post War ◽  
De Gaulle

Contrary to the common belief, the Fifth Republic could not be established as a Republican monarchy. In France the idea of a republic was created by the French Revolution and its values were shaped in the fundamental confrontation with the monarchist tradition. The specifically understood idea of a nation’s sovereignty the formation of which was influenced by Rousseau’s though, as well as the ideas of the indivisibility and lay character of the republic, constituted a completely new model of statehood. In such a situation, the synthesis of antagonistic traditions was not possible. Although de Gaulle had been brought up in a family of pro-monarchist attitudes, he followed the state patriotism idea and was a supporter of the Republic as a durable basis for France’s existence. His views matured under the influence of French Republican nationalists Charles a Peguy and Maurice Barres, who inspired young de Gaulle and shaped his state patriotism. Later in his life de Gaulle’s idea was not so much to reconcile the monarchist and the republican tradition, but to create a republic that would integrate different families of ideas. This concept was also induced by manner of understanding the role of Christian obligations due to the public sphere. Following the spirit of the Catholic-liberal “Correspondent” de Gaulle believed that in the world shaped by the Revolution’s heritage Christian ideas do not need to be deemed to be defeated. During World War II, de Gaulle, then the leader of Free France, consistently strengthened the French Republican tradition in the Vichy dispute. In the years 1944-1946, as head of the temporary government, he made sure that Republican principles constituted the foundations of the post-war France. De Gaulle developed the state model of economy and the social character of the French republic. His decisions laid the Republican principles in the French Constitution and refer clearly to the Declaration of Human and Civil Rights of 1989 in both French post war constitutions. That is why the 5th Republic could only be established as an institutional variation within the framework of the Republican axiology.

scholarly journals POLITIK HUKUM KEWENANGAN KONSTITUSIONAL DEWAN PERWAKILAN DAERAH DALAM PROSES LEGISLASI PASCA PUTUSAN MK NOMOR 92/PUU-X/2012

2015 ◽  
Vol 4 (3) ◽  
pp. 365
Author(s):  
Anna Triningsih
Keyword(s):  
House Of Representatives ◽  
State Institution ◽  
The State ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
Historical Approach ◽  
The Law ◽  
The Republic ◽  
Laws And Regulations

<p>Undang-Undang Nomor 17 Tahun 2014 tentang Majelis Permusyawaratan Rakyat, Dewan Perwakilan Rakyat, Dewan Perwakilan Daerah, Dan Dewan Perwakilan Rakyat Daerah (UU MD3) pasca putusan Mahkamah Konstitusi (MK) dinilai memiliki problem substantif/materil akibat materi muatannya bertentangan dengan Undang-Undang Negara Republik Indonesia Tahun 1945 (UUD NRI 1945), yang mengakibatkan kerugian konstitusional terhadap Dewan Perwakilan Daerah (DPD), meliputi dikuranginya kewenangan DPD untuk dapat mengajukan (Rancangan Undang-Undang) RUU, dikuranginya kewenangan DPD untuk membahas RUU dan dikuranginya kewenangan DPD dalam kedudukannya sebagai lembaga perwakilan daerah. Hal ini menunjukan bahwa pembentukan UU MD3 nyata-nyata tidak menghormati putusan MK yang diberi mandat UUD NRI 1945 sebagai lembaga penafsir dan penjaga konstitusi, dengan tidak menghormati, mematuhi, dan melaksanakan putusan MK ini menunjukkan ketidakpatuhan terhadap putusan lembaga negara yang telah ditunjuk konstitusi untuk mengawal kemurnian pelaksanaan konstitusi. Penelitian ini menggunakan metode normatif menggunakan pendekatan perundang-undangan ( statute approach ), pendekatan konsep ( conceptual approach ), dan pendekatan historis ( historical approach ). Ketidaktaatan penyusunan UU MD3 pada putusan MK merupakan pengingkaran UUD NRI 1945 dan perkembangan ini merupakan langkah mundur reformasi. Pembentuk Undang-Undang, dalam hal ini, Dewan Perwakilan Rakyat (DPR) dan Presiden harus segera melakukan perubahan UU Nomor 12 Tahun 2011 tentang Pembentukan Peraturan Perundang-undangan dengan berpijak pada rambu-rambu konstitusional Putusan MK Nomor 92/PUU-X/2012.</p><p>Law Number 17 Year 2014 on the People’s Consultative Assembly, House of Representatives, Regional Representatives Council, and the Regional House of Representatives (MD3 Law) after the decision of the Constitutional Court (MK) is considered to have a substantive problem due to the substance that is contrary to the 1945 Constitution of the Republic of Indonesia (the 1945 Constitution), which resulted in the constitutional loss of Regional Representatives Council (DPD), including the reduction of DPD authority to propose draft bills, to discuss draft bills and the reduction in its authority as the regional representative institution. This shows that the drafting of MD3 Law is obviously not respecting the decision of the Court that is mandated by the 1945 Constitution as the interpreter and guardian institution of the constitutional, by not respecting, obeying and implementing MK’s decision which indicates non-compliance with the decision of the state institution that has been designated to guard the purity of the constitution implementation of the constitution. This study uses normative method with statute approach, conceptual approach and a historical approach. The noncompliance of the drafting of MD3 Law towards the MK’s decision is a denial of MK and this development is a step back of Reformation. The legislators, in this case, the House of Representatives (DPR) and the President should immediately amend the Law Number 12 Year 2011 on the Establishment of Laws and Regulations based on the MK’s Decision No. 92/PUU-X/2012. </p>

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