scholarly journals Capital Punishment and (in)Justice

Author(s):  
Ribut Tirto Wahyuni

Indonesia is a legal state that upholds justice based on Article 1 paragraph 3 of the 1945 amendment. However, the legal condition in Indonesia is currently heavily criticized by the people, especially the small people. Laws in Indonesia are often called blunt-sharp laws that are triggered by the weakness of law enforcement in Indonesia. The condition of justice law in the increasingly bad state of Indonesia greatly affects the health and democratic forces in Indonesia. Failure to realize justice through law in Indonesia must be immediately addressed for the creation of a just state of justice as stipulated in the content of Pancasila. Law enforcement in Indonesia is not in accordance with Article 1 Paragraph 3 of the 1945 Amendment of Amendment which states that "Indonesia is a state of law".   

2019 ◽  
Vol 3 (1) ◽  
pp. 63-78
Author(s):  
Ridwan Arifin

The number of general elections in Indonesia, such as in regional head elections, leagislative elections and in the election of president and vice president. In general elections, the president and vice president are often referred to as legislative elections, while the head of the region itself has the title, namely regional head elections only. The proverb says that where there is a rule there will be an offense. Therefore, to avoid any undesirable things, an improvement is needed to deal with this. In order to avoid fraud, in the improvement there is certainly an institution that regulates, namely from the law apparatus, as an apparatus in law enforcement is required to be able to ensure the existence of violations in the implementation of elections only because solely to enforce integrated law. In fact, the general election is always interesting so that it can be investigated, which is contained in the rules, implementation, and in the participants and the community. It certainly determines the success of the general election. If the rules are already felt or considered to be good in its implementation without capable law enforcement so that it will be difficult also in its realization. Good rules and good law enforcers also cannot maximize if the people themselves are ignorant and do not care about existing regulations. So, order between the three of them bound each other. In general elections it does not only involve one or two people, but requires a lot of people, so that the community is required to participate in issuing their opinions. But with so many parties participating in the election, there were many violations of the implementation, for example in 2014, where there were still many violations in general elections. Whereas at that time there was a socialization of the implementation of the general election which was socialized by the KPU and Bawaslu, not only socialization but also from the Bawaslu and its staff who participated in efforts to prevent the occurrence of violations in general elections. Although in the end socialization in prevention still cannot reduce the number of violations that exist. In dealing with this problem the creation of a system can reduce violations during the election, namely the process of synergy of Gakkumdu with the aim of realizing democratic elections in 2019 in the hope that it can provide the effect of clarity and change in carrying out general elections


2020 ◽  
Vol 1 (3) ◽  
pp. 236-242
Author(s):  
Barnokhon Kushakova ◽  

This article discusses the conditions, reasons and factors of characterization of religious style as a functional style in the field of linguistics. In addition, religious style and its main peculiarities, its importance in the social life, and the functional features of religious style are highlighted in the article. As a result of our investigation, the following results were obtained: a) the increase in the need for the creation and significance of religious language, particularly religious texts has been scientifically proved; b) the possibility of religious texts to represent the thoughts of the people, culture and world outlook has been verified; c) the specificity of religious language, religious texts has been revealed; d) the development of religious style as a functional style has been grounded.


2021 ◽  
Vol 30 (2) ◽  
pp. 149-179
Author(s):  
Andrey Vershinin

The article examines the issue of exercising the freedom of association in political parties in Russia in a comparative analysis with the leading democratic countries of the world. Modern democracies cannot be imagined without political parties, which are the representors of the interests of their voters in legislative bodies and local government bodies. The development of civil society and the entire political system in the country depends on how the freedom of association in political parties and the access of parties to participate in elections is realized. The development of legislation on political parties in the Russian Federation proceeded unevenly. In the first years after the adoption of the Constitution the legislative body did not introduce strict requirements for parties. The adoption of a special federal law on political parties in 2001 became a turning point in the development of the party system. The author identifies two large blocks of restrictions on the creation of parties. The first is legislative restrictions, the second is the restrictions that arise from the unfair activities of legislative and law enforcement agencies. In this work, legislative restrictions are compared with restrictions in other democracies, as well as based on legal positions developed by the European Court of Human Rights. The author comes to the opinion that some restrictions on the creation of parties are not necessary now, in the meantime they significantly narrow the possibilities of party creation and political competition. First, we are talking about a ban on the creation of regional parties. The Constitutional Court in its legal positions indicated that this restriction is temporary and will be lifted over time. Within the framework of this work, the author will give suggestions on changing the approach to the creation of political parties in Russia, which should affect the emergence of new strong parties at different levels of public authority. The author believes that a system of “controlled multiparty system” has developed in Russia, which is implemented both in changing the legislation on political parties based on the interests of the “party in power” and the practice of the registration body, which prevents the formation of new parties claiming to redistribute the existing distribution of forces. Based on the analysis of the legislation on political parties, law enforcement practice, decisions of the Constitutional Court of the Russian Federation, the ECHR and the legislation of foreign countries, the author proposes approaches to reforming the existing party system, which include small cosmetic changes and large-scale changes in approaches to the creation of parties.


2014 ◽  
Vol 54 (3) ◽  
pp. 303-322 ◽  
Author(s):  
KuuNUx TeeRIt Kroupa

In May 2009, the Arikara returned to the land of their ancestors along the Missouri River in South Dakota. For the first time in more than a half century, a Medicine Lodge was built for ceremony. The lodge has returned from its dormant state to regain its permanent place in Arikara culture. This event will be remembered as a significant moment in the history of the Arikara because it symbolizes a new beginning and hope for the people. Following this historic event, Arikara spiritual leader Jasper Young Bear offered to share his experience and deep insight into Arikara thought: You have to know that the universe is the Creator's dream, the Creator's mind, everything from the stars all the way to the deepest part of the ocean, to the most microscopic particle of the creation, to the creation itself, on a macro level, on a micro level. You have to understand all of those aspects to understand what the lodge represents. The lodge is a fractal, a symbolic representation of the universe itself. How do we as human beings try to make sense of that? That understanding, of how the power in the universe flows, was gifted to us through millennia of prayer and cultural development… It is important for us to internalize our stories, internalize the star knowledge, internalize those things and make that your way, make that your belief, because we're going to play it out inside the lodge. It only lives by us guys interacting with it and praying with it and bringing it to life… We're going to play out the wise sayings of the old people… So you see that it's an Arikara worldview. A learning process of how the universe functions is what you're actually experiencing [inside the Medicine Lodge]. What the old people were describing was the functioning of how we believed the universe behaves. And we had a deep, deep understanding of what that meant and how it was for us. So that's what you're actually seeing in the Medicine Lodge.


2014 ◽  
Vol 14 (2) ◽  
Author(s):  
Zainal Asikin

This research is aimed at exploring an appropriate solution for various conflicts in land use, particularly in optimizing the utilization of the neglected land in Gili Terawangan, Lombok Island.  This solution is required to avoid potential horizontal conflicts among people, companies and government since 1993. Conflict over land in Lombok Island in general and Gili Terawangan particularly shows several factors; first, the wrong policy in the area of land (especially in tourist areas); second, the infirm attitude of the Party and the Government Land Office in the enforcement of laws; third, the jealousy of Gili Terawangan natives as cultivators; fourth, less responsibility employers (who acquire cultivating right); fifth, the absence of law protection for Gili Terawangan natives; sixth, the arrogant attitude of law enforcement officers. The comprehensive and final resolution to the conflicts of land use could only be achieved if: (i) the people, who already control and use or manage the land from time to time, are provided certainty on managing and optimizing the land based on the principles of welfare, justice, equity, efficiency and sustainability; (ii) the selection and determination of the companies that will be granted the right to cultivate (HGU) and the right to build (HGB) should be conducted based on the transparent principle. In this respect, the government could establish an independent team that involves all components of society and higher education.Key words: land dispute, tourism area, agrarian law.


rahatulquloob ◽  
2021 ◽  
pp. 19-26
Author(s):  
Dr. Muhammad Yaseen ◽  
Dr. Muhammad Shahid

Humans and diseases are related to each other since the creation. With the passage of time, humans were able to overcome different diseases. But still, they could not find out the solution for those people who were born in wrong bodies. The progress of medical science ultimately enabled them to restore their originality through corrective surgery or sex reassignment surgery. But soon this was also misused like the other researches by opportunists. The people who were healthy and have developed sexual organs got their sex change artificially without knowing the religious aspects. This article will highlight the Islamic aspects of artificial sex change surgery.


2019 ◽  
Vol 5 (1) ◽  
Author(s):  
Boy Lumoindong ◽  
Golda Juliet Tulung ◽  
Christian G. Ranuntu

Nicknaming and its uses in daily communication by the people of Rumoong-Lansot villages are considered as both social and lingual phenomena that have existed since a very long time ago and unconsciously have become the internal part of daily interaction of the people. A well-maintained relationship among the individuals in the society is one of the major factors that endorsed them to address each other by using proper nicknames. No matter old or young people, male or female, wealthy or destitute, indigenous or non indigenous, are all unexceptional unrestrained for nicknaming and employing nicknames between one another.  The results of this research showed that term of nicknames employed by the people of Rumoong-Lansot villages concealed nearly the entire elements of internal linguistics and external linguistics. In term of types, all those nicknames that have been successfully collected and analyzed can be categorized into the following aspects: physical state, home and place of birth, occupation, particular moment, and every other feature that promotes the creation of the nicknames. Generally speaking, every single nickname employed by the people is conditioned to identify one specific member of the society in order to generate a clear and unimpeded sort of communication. Specifically, every single nickname is responsible to provide a distinguished portrayal of any peculiar individual in the society, and even more definite, about his most dominating distinctive characteristics.               


2017 ◽  
Vol 4 (1) ◽  
pp. 43-56
Author(s):  
Muhammad Mahmud Nasution

Gambling, which has existed since the existence of human civilization, developed along with human development. It provides insight on men that gambling seemed to be commonplace to be implemented. Lack of attention from law enforcement agencies and government as well as the absence of the intention of the community to deal with gambling as the main reason gambling still exist in people's everyday lives. Gambling harm to the livelihoods and lives of the people , nation and state. Kinds and forms of gambling are now widespread in people's everyday lives . Originally performed clandestinely but not for this current situation that has been done openly or, Even gambling nowadays has become the industry especially in the field of sports.


Author(s):  
Muhammaddin Muhammaddin

One of the most fundamental identities of a religion is the divine doctrine or doctrine that recognizes the existence of God. It can even be said is not a religion if there is no main characteristic that is the recognition and confidence of God. Reason alone will honestly acknowledge the power that governs nature and includes human life and reason will refuse if any opinion that says the existence of regularity that occurs in this nature occurs by itself. Because in reality there are natural events that occur is believed not to happen by chance but to the belief may God reprove, angry or indeed happened akiabat causal law from human activities that treat nature unnaturally, to the recognition of God who controls nature and life this. One would think anything of his religion about the process of the creation of man by the meeting of a man and a woman's ovum could be born a man whose system is amazing and an impossible thing to happen by itself if no one created (God) and certainly strengthened from the source of religion especially Islam for example very detailed human procession was created by Allah swt. with its very complete stages described in the holy book of the Qur'an and explained by the Messenger of Allah. as his apostle. All religions teach goodness, both individually, society, life of nation and state. These virtues are called morality and this doctrine is very urgent because goodness based on divine values ​​will be a moral fors ie there is no back door to escape responsibility, if he does immoral or immoral, including wrongdoing, he remains contrary to religious values ​​as well as with state law based on Pancasila and the 1945 Constitution. The divine values ​​teach that people are still guilty of punishment and with sinful sanctions even though their crimes are escaped and escape from the bondage of law convicted by the court for being not discovered by law enforcement apparatus


2012 ◽  
Vol 1 (2) ◽  
pp. 207
Author(s):  
Slamet Tri Wahyudi

Law enforcement without direction and not based on the three pillars of the justice of law, legal certainty and the benefits to society can break the law anyway even violate human rights. As one of the policies of the government that are not considered mencerminakan the values of justice and disturbing for the people, the government policy that acts of omission or delay in the application of the death penalty. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on these results it can be concluded that in the application of the death penalty there are serious legal issues, this is due to government policies that commit omission or delay in the execution of the death penalty is a violation of human rights as stipulated in Article 28 of the 1945 Constitution. Keywords: Death penalty, Justice, Legal Certainty, Law


Sign in / Sign up

Export Citation Format

Share Document