scholarly journals Legal Discourse: The Spirit of Democracy and Human Rights Post Simultaneous Regional Elections 2020 in the Covid-19 Pandemic Era

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Fathul Hamdani ◽  
Ana Fauzia
Keyword(s):  
Human Rights ◽  
Legal Discourse ◽  
The State ◽  
Research Focus ◽  
Research Results ◽  
Legal Norms ◽  
History Of ◽  
The Government ◽  
Regional Elections ◽  
The Relationship

The implementation of these simultaneous regional elections is certainly a separate discourse that is interesting to be learned, especially concerning the enforcement of democracy and human rights. The main objectives of this research focus on the analysis related to the relationship between democracy and human rights, the fundamental dignity of democracy and human rights after the implementation of the regional leader’s elections in 2020, and also the government’s responsibility in case of an increase in cases of Covid-19 resulting from the implementation of simultaneous regional elections. In this research, the method used is normative juridical using statutory, conceptual, and historical approaches. The research results centered on a conception of democracy and human rights as a conception of humanity born from the history of human civilization. This conception of human rights and democracy in its development is significantly related to the conception of state law. Thus, the existence of Indonesia as a legal state places the law as a hierarchicalunity of the legal norms that culminate in the constitution, and the constitution has clearly and clearly stated in Article 28I paragraph (4) of the Constitution that: “The protection, promotion, enforcement, and fulfillment of human rights is the responsibility of the state, especially the government." Therefore, the state is responsible for ensuring the enforcement of the human rights of citizens, especially after the implementation of the 2020 regional leader elections (hereinafter as pilkada) amid the Covid-19 pandemic era.

scholarly journals The History of Cultural Policy in Indonesia 1900s-2000s

2016 ◽  
Vol 28 (1) ◽  
pp. 62
Author(s):  
Wildan Sena Utama
Keyword(s):  
National Culture ◽  
Cultural Policy ◽  
Cultural Practice ◽  
The State ◽  
Colonial Period ◽  
Government Policies ◽  
The Reformation ◽  
History Of ◽  
The Government ◽  
The Relationship

This book investigates how culture, particularly national culture, in Indonesia has been shaped by the government policies from the Dutch colonial period in 1900s to the Reformation era in 2000s. It is an attempt to show the relationship between the state and culture around the process of production, circulation, regulation and reception of cultural policy through different regimes. Although this book discusses government policy, the author has realized that the book needs to overcome contradictions and confusions of cultural discourse by incorporating people as explanatory element. Many aspect of culturality may be influenced by the state, but according to Jones, “it is a field that is not stable and easy to shift that facilitates resistance, and is able to turn against the state, market and other institutions” (p. 31). Jones employs two postcolonial cultural policy tools to review the history of cultural policy in Indonesia: authoritarian cultural policy and command culture. The first means that the state has assumption if majority of citizen do not have capability to inspirit a responsible citizenship and need a state’s direction in the choice of their culture. On the contrary, command culture shows that the cultural idea that is planned in fact always been placing the state as center in planning, creating policy and revising cultural practice.

scholarly journals The Control of The Kadi and The Muhtesib on The Urban Guilds in The Ottoman Empire

2018 ◽  
Vol 12 (2) ◽  
pp. 219-247
Author(s):  
Mohammad Hefni
Keyword(s):  
Ottoman Empire ◽  
The State ◽  
Urban Life ◽  
Economic Activities ◽  
Greco Roman ◽  
The World ◽  
History Of ◽  
The Government ◽  
Craft Guilds ◽  
The Relationship

Success of the Ottoman empire as one of the greatest, most extensive, and longest-lasting empires in the history of the world could not be released from the efforts of the government to organize the state throught establishment various institutions. Among them are judicials instititution such as kadi courts and Hisbah institutions which was led by a muhtesib. Therefore, this paper discusses the relationship and the interaction between the kadi and the muhtesib in the Ottoman empire, and their historical roots in the periods before. The position of a kadi and a muhesib has existed in periods before the Ottoman empire. A kadi has existed since the Prophet Muhammad pbuh period. While, a muhtesib historically has began in the Greco-Roman agoranomos. In the Ottoman empire, both became important governmental functions. They had the power to pronounce decisions on everything connected with the sharî'a and the Sultanic law. They played roles in controlling urban life, its economic activities in particular. All the production and manufacturing activities in the cities that were carried out within the framework of the guild organization was under the control of the kadi and the muhtesib. For example a craft guilds and a creditor guilds.  

scholarly journals PARADIGMA POLITIK ISLAM: PROTOTIPE NEGARA MADINAH DAN PRINSIP-PRINSIP POLITIK KENEGARAAN

2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Efrinaldi Efrinaldi
Keyword(s):  
Essential Elements ◽  
The State ◽  
History Of ◽  
Supreme Leader ◽  
Islamic Politics ◽  
Written Law ◽  
The Government ◽  
Muslim Communities ◽  
The Relationship

In the history of Islamic politics, the leadership of the Messenger of Allah in Medina, who is protecting heterogeneous citizens, is a proof of the exisitency of the state and government in Islam. The Leadership of the Apostles in Medina indicates the fulfillment of the nominal requirements as a state. In the Medina state he is recognized as the supreme leader, which means the holder of the legislative, executive and judicial powers. In practice, however, he delegated executive and judicial duties to his capable and capable companions. In essence, there are two references to the life of the state arranged in the Medina Charter, namely: 1) All followers of Islam is a people although they are different tribes; 2) The relationship between Muslim and non-Muslim communities is based on the principles of: (a) being good neighbors, (b) helping each other against common enemies, (c) defending persecuted, (d) advising each other, and (e) respecting freedom religion. The essential elements for the formation of the State of Medina, consisting of a region, namely Medina; people composed of Muslim and non-Muslim groups; the government is controlled by the Prophet and assisted by his companions; as well as sovereigns based on the written law (Medina Charter) within the community of Medina.

scholarly journals The concept of human rights: doctrinal approaches

2020 ◽  
Vol 11 (11) ◽  
pp. 258-264
Author(s):  
Chepulchenko T. О.
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
The State ◽  
Reference Points ◽  
Theory And Practice ◽  
Modern Concept ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
The Relationship

The article examines the modern concept of human rights as the universally accepted system of views and attitudes about the place and role of human rights in the society and the state. The list of human rights enshrined in these international instruments and the constitutions of many countries, was the result of a long historical development of samples and standards of human life and the entire community. It is emphasized that on the basis of a combination of natural and positivistic concepts of human rights and made possible the consolidation of fundamental freedoms in the constitutions of democratic States. The article focuses on the basic concepts of how to solve the problem of human rights and legal status of the individual which have developed in the history of legal theory and practice of various peoples: liberal (European) concept of human rights, collectivist, Islamic and traditionalist concept. It is emphasized that a decisive influence on the establishment of human rights made on the liberal conception of natural law doctrine, which established the priority of human rights, the new parameters of the relationship between the individual and the government. In the statement of the rights and freedoms of man played an important role in their ideological, doctrinal justification – the doctrine of natural human rights that do not depend on the discretion and arbitrariness of the government, and it is aimed at ensuring the rights defined by nature. Based on this doctrine and on the above mentioned international legal instruments, the new Constitution of Ukraine establishes a number of new rights, which were previously unknown or Constitution of the Soviet Ukraine nor the Ukrainian legislation: the right to life, right to dignity, the right to respect for private and family life, freedom of movement and free choice of residence, right to freedom of thought and speech, free expression of views and beliefs, and so on. Therefore, a new concept of the relationship between the Ukrainian state and the person with priority to the latter is brought to life, since the category of human rights operates solely in relations between man and power. Human rights are the limits of power. They define the sphere of human activity in which the power (the state) cannot interfere and the responsibilities which the state has for the human being. The article also discusses four generations of human rights, it is noted that in the XXI century. we can talk about the formation of the fourth generation of human rights, which is connected with the scientific discoveries in the field of microbiology, medicine, genetics and more. It is this generation that is at the center of intense debate precisely in terms of the naturalness of these phenomena and processes, from the standpoint of morality and worldview of a particular society, as well as based on the content of scientific doctrine. As a conclusion, the author writes that the legally enshrined legal position of a person has as its basis a liberal and natural-law concept, which stipulated as the primary principles freedom and inalienability, inalienability of human rights that belong to it from birth. Reference points are made in the relationship between the state and man - freedom, equality, the rule of law, the universality of human rights. And on these principles, principles, in addition to the actual scope of human rights and obligations, are exercised by these rights and freedoms. Keywords: constitution, concept of human rights, international legal act, human rights, natural law.

scholarly journals The perception of the basic state laws by the Constitutional Democrats during the work of the first State Duma: the ideas of Vasily Maklakov

2021 ◽  
Vol 27 (4) ◽  
pp. 17-26
Author(s):  
Elena L. Saraeva
Keyword(s):  
The State ◽  
The Political ◽  
Law And Order ◽  
State Laws ◽  
Legal Norms ◽  
Political Views ◽  
Russian Constitution ◽  
Party Members ◽  
The Government ◽  
The Relationship

The article gives an interpretation of the ideas of the liberal politician Vasily Maklakov on the Basic State Laws of 1906. He assessed these laws as the Russian Constitution of 1906. Vasily Maklakov gave an interpretation of the relationship between the Constitutional Democrats and the government in connection with the restriction of the rights of the State Duma. The novelty of the research lies in the analysis of the perception by the Constitutional Democrats of the Basic Russian Laws as amended on April 23, 1906. Sources on the topic include the texts of the leaders of the K-D Party – the memoirs of Vasily Maklakov and Pavel Milyukov, Maxim Vinaver, as well as the Basic State Laws of 1906, materials of the III Congress of the K-D Party. The article reveals the political views of Vasily Maklakov, characterises his communicative culture, the views of the lawyer about the reasons for the illegal actions of the Constitutional Democrats in the First State Duma, the origins of their conflict with the government. An analysis of Vasily Maklakov's ideas about the degree of constitutionality of the government's steps towards the Duma in 1906 is given, his judgements about autocracy, law and order, the need to form a parliamentary culture of deputies are revealed. It is proved that Vasily Maklakov criticised the tactics of the Constitutional Democrats s in the First State Duma in the context of the idea of legality. He saw the main mistake of his fellow party members in their ignoring of a number of legal norms prescribed in the Basic Laws.

scholarly journals PENAFSIRAN PANCASILA DALAM PERSPEKTIF ISLAM: PETA KONSEP INTEGRASI

Dialogia ◽  
2017 ◽  
Vol 15 (2) ◽  
pp. 199
Author(s):  
MK Ridwan
Keyword(s):  
The State ◽  
Nation State ◽  
Philosophical Basis ◽  
History Of ◽  
The Government ◽  
The Relationship ◽  
Construct Meaning

Abstract: Indonesia as a pluralism nation-state has established Pancasila as the state ideology. Pancasila is the result of the conceptualization and history of the struggle of the Indonesian. It contains the noble values and keeps the spirit of the nation's struggle. Due to the failures of the government in developing the country, radical groups appeared for replacing Pancasila ideology into Islamic Shari'a. They claims that Pancasila along with three other pillars as the ideology of "taghut". This paper aims to construct meaning and understanding of the relationship between Islam and Pancasila in the framework of national philosophy. It further offerssome alternatives concept and interpretation of the theological-philosophical basis of the process in the integration of Islam and Pancasila. Pancasila is not only the state ideology but it also represents a theological-philosophical construction encompassing Islamic principles. It signifies vision of Islam, which provides the understanding that the formulation of Pancasila idea is in fact inspired by Islamic concepts and values. It comprises the vision of Islam in its treatise. However, both concepts existentially have autonomous rights. It imply that Islam is a religion and Pancasila is ideology. Pancasila will not be a religion and religion will not be an ideology. ملخص:اندونيسيا كدولة وطنية مع وجود التعددية قد قررت المبادئ الخمسة (بانجاشيلا) كأيديولوجية الدولة. وكان بانجاشيلا يصور نتيجة الفكرة والتاريخ الطويل من كفاح سكان الإندونيسيا. فهي تحتوي على القيم النبيلة للأمة وتحافظ على روح كفاح الأمة. ولكن حينما حدث العديد من فشل الحكومة في إدارة البلاد فهناك بعض الجماعات المتطرفة التي ترغب في تغيير بانجاشيلا بالشريعة الإسلامية، بل كانت هذه الجماعة دعى أن بانجاشيلا وثلاثة مبادئ أخرى بأيديولوجية طاغوت. وتهدف هذه المقالة بناء معنى جديد للعلاقة والتكامل بين الإسلام وبانجاشيلا في إطار الفلسفة الوطنية. وفي نفس الوقت يحاول الكاتب لتقديم الفكر الجديد والتفسير عن الأساس اللاهوتي والفلسفي لعملية الاندماج بين الإسلام وبانجاشيلا. وهكذا، يمكن أخذ الاستنتاج أن بانجاشيلا هي أوسع من مجرد بناء الأيديولوجية للدولة الوطنية، ولكنها تصور أيضا عن البناء الفلسفي اللاهوتي الذي يحتوي على المبادئ الإسلامية. وحتى كانت بانجاشيلا تتضمن على جميع رؤية الإسلام التي تعطي على فكرة بانجاشيلا التي مصدرها من المفاهيم الإسلامية وقيمها. إذن كل ما احتوى فى بانجاشيلا مناسبة برؤية الإسلام. ولكن لكل منهما حقوقا مستقلة، وهذا يعني أن الإسلام دين وبانجاشيلا أيديولوجية ولن تكون بانجاشيلا دينا وكذلك الدين لن يكون إيديولوجيا. Abstrak: Indonesia sebagai negara-bangsa dengan segala komposisi pluralitas di dalamnya, telah menetapkan Pancasila sebagai ideologi negara. Pancasila adalah hasil konseptualisasi dan sejarah panjang perjuangan bangsa Indonesia. Di dalamnya memuat nilai-nilai bangsa yang luhur dan menyimpan spirit perjuangan bangsa. Namun, seiring dengan banyaknya kegagalan pemerintah dalam membangun negara, terdapat kelompok-kelompok ekstremis yang ingin mengubah Pancasila dengan Syariat Islam. Bahkan kelompok tersebut menyebut Pancasila beserta tiga pilar lainnya sebagai ideologi “taghut”. Tulisan ini bermaksud membangun makna dan pemahaman baru atas relasi maupun integrasi antara Islam dengan Pancasila dalam kerangka falsafah kebangsaan. Sekaligus berusaha menawarkan alternatif pemikiran dan interpretasi mengenai basis teologis-filosofis proses integrasi Islam dan Pancasila. Sehingga, dapat disimpulkan bahwa Pancasila lebih dari sekadar bangunan ideologi negara-bangsa, tetapi juga merepresentasikan suatu konstruk teologis-filosofis yang memuat prinsip-prinsip keislaman. Bahkan apa yang diusung oleh Pancasila secara keseluruhan termasuk visi Islam, yang memberikan pemahaman bahwa perumusan ide Pancasila sejatinya diilhami oleh konsep dan nilai-nilai keislaman. apa yang diusung oleh Pancasila secara keseluruhan menjadi visi Islam dalam risalahnya. Hanya saja keduanya secara eksistensial memiliki hak otonomi tersendiri. Artinya bahwa Islam adalah agama dan Pancasila adalah ideologi. Pancasila tidak akan menjadi agama dan agama tidak akan menjadi ideologi. Keywords: Integrated, Pancasila, Islam, The State Ideology  

scholarly journals Egyptian-Israeli Relations during the Government of Mohamed Morsi (2012-2013)

2021 ◽  
Vol 39 (68) ◽  
pp. 213-224
Author(s):  
Ayrat Halitovich Tuhvatullin ◽  
Vitaly Anatolievich Epshteyn ◽  
Pavel Vladimirovich Pichygin ◽  
Alina Petrovna Sultanova
Keyword(s):  
The State ◽  
Regional Security ◽  
The Political ◽  
The Face ◽  
History Of ◽  
The Government ◽  
The Muslim Brotherhood ◽  
The Impact ◽  
The Relationship ◽  
State Of Israel

The article highlights the details of the foreign policy of the Arab Republic of Egypt and its impact on the regional security of the state of Israel in between 2012-2013. After the Islamists came to power, they began to dominate expectations that the political force led by Mohamed Morsi would initiate an active anti-Israel policy, however, with active anti-Semitic rhetoric, the "Muslim brotherhood" was able to maintain peaceful relations with Israel. The purpose of this study was to characterize the relationship between M. Morsi's government and the state of Israel during the period 2012 to 2013while revealing the impact of various factors on the preservation of peace in the region, especially in the face of the conflict situation that intensified in neigh boring countries such as Libya and Syria. The main approaches to the study of the problem under consideration were analytical method and content analysis. It is concluded that the article can also contribute to the study of the history of the Middle East within the framework of Arab-Israeli relations against the deterioration of the political situation and the strengthening of religious radicalism in the region.

scholarly journals Endangering the principle of secularity with new legal solutions in the Republic of Serbia

2021 ◽  
Vol 55 (3) ◽  
pp. 751-770
Author(s):  
Miljan Lazović ◽  
Dušan Ilić
Keyword(s):  
Human Rights ◽  
Minority Rights ◽  
The State ◽  
Religious Communities ◽  
The Republic ◽  
The Government ◽  
The One ◽  
The Right ◽  
The Relationship ◽  
The Church

In this paper, the authors deal with the analysis of new antidiscrimination legal solutions proposed by the Ministry of Human and Minority Rights and Social Dialogue of the Government of the Republic of Serbia, which would redefine the relations between the state and the church. The focus of the research will be especially on those solutions that could threaten, on the one hand, the principle of secularity, and on the other hand, some of the fundamental human rights, such as the right to freedom of thought, conscience and religion. The solutions proposed by the amendments to the Law on Prohibition of Discrimination, it seems, could be problematic from the standpoint of guaranteeing certain fundamental human rights and freedoms, but also the autonomy of churches and religious communities. Some of the proposals made by the Ministry could be seen as an attempt to return the verbal offence to the Serbian legal system. Accordingly, the authors will try to re-examine the possible impact of changes in antidiscrimination legislation on the relationship between the state and the church, but also on the possible suppression of religious rights and freedoms in the Republic of Serbia in the coming period.

Cultural Policies and the Islamic Republic: Cinema and Book Publication

1997 ◽  
Vol 29 (4) ◽  
pp. 509-530 ◽  
Author(s):  
Sussan Siavoshi
Keyword(s):  
The State ◽  
Regulatory Agencies ◽  
Islamic Republic ◽  
Cultural Policies ◽  
State And Society ◽  
Islamic Republic Of Iran ◽  
The Government ◽  
Iranian State ◽  
The Relationship ◽  
Book Publication

The evolution of the Islamic Republic of Iran and the dynamics of the relationship between the Iranian state and society can be explored by examining the postrevolutionary regime's policies toward intellectuals, particularly as expressed in its regulation of cinema and book publication. This relationship—at least in the period from the early 1980s to the early 1990s—was complex and nuanced. Factionalism within the regime provided an opportunity for intellectuals to engage the state in a process of negotiation and protest, cooperation and defiance, in pushing the boundaries of permitted self-expression. The degree of their success depended in part on which faction controlled the government and its regulatory agencies during particular phases in the evolution of the postrevolutionary regime.

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