scholarly journals Pencegahan Korupsi Melalui Pencabutan Hak Politik Sebuah Telaah dari Perspektif Pembaruan Hukum Pidana Indonesia

2020 ◽  
Vol 15 (1) ◽  
pp. 53-63
Author(s):  
Yaris Adhial Fajrin ◽  
Ach Faisol Triwijaya

Tindak pidana korupsi banyak terjadi akibat penyalahgunaan kekuasaan yang dilakukan oleh pejabat publik, diantaranya kepala daerah Upaya pemberantasan korupsi banyak dilakukan dengan preventif dan represif. Salah satu upaya preventif yang dilakukan adalah dengan memberikan larangan mantan terpidana mencalonkan diri dalam kontes pemilihan umum yang tujuannya untuk mencari pemimpin yang berkualitas. Namun pasca putusan MK Nomor 71/PUU-XIV/2016 mennggambarkan penurunan atau pelemahan pencegahan korupsi di Indonesia. Penulisan ini bertujuan untuk menemkan dasar akademis pentingnya pencegahan korupsi melalui pembatasan sesorang mencalonkan diri dalam jabatan publik. Diperoleh kesimpulan dari penelitian ini yaitu Putusan MK tersebut membuka peluang bagi mantan terpidana korupsi untuk mencalonkan diri. Sehingga sanksi pencabutan hak politik bagi terpidana korupsi yang menjalani sanksi penjara di bawah lima tahun perlu diprioritaskan untuk dijatuhkan. Sinergitas antara dua mekanisme tersebut, diperlukan guna mewujudkan cita-cita pemerintahan yang baik dan bersih, yang berkeadilan sosial. Corruption crimes occurred due to the misuse of power carried out by public officials, among them the regional head of anti-corruption efforts are carried out with preventive and repressive. One of the preventive efforts undertaken is to provide a former criminal ban to run for a general election contest whose goal is to find a qualified leader. However, after the decision of MK No. 71/PUU-XIV/2016, he described the decline or weakening of corruption prevention in Indonesia. This writing aims to accompany the academic basis of the importance of the prevention of corruption through the restriction of a person running in public office. Derived by the conclusion of this research, the COURT award opens an opportunity for former convicted corruption to run. Thus, the sanction of political Rights for criminal corruption under five years of imprisonment must be prioritized to be dropped. Synergity between the two mechanisms, necessary to realize the ideals of good and clean government, the social justice.

2019 ◽  
Vol 6 (4) ◽  
pp. p424
Author(s):  
Shiw Balak Prasad

In a democratic form of Government all citizens of the country are equal before the law of land. There is no scope of differences in any stage of life between them. Although natural discrimination may be possible, but politically and legally all should be equal. Discrimination on one or more of these factors became normal feathers particular in the third world countries of Africa and Asia. Really this social discrimination reflects in political rights and economic opportunities of the people so that the question of social justice became very important.In India, there has been so many social, economic and educational discrimination among the people from the very beginning. Weaker sections of the people have been deprived their rights. They are living like animal even today. So, Framers of the constitution of India include the provisions of reservation in the constitution of some posts of Government services to Scheduled Caste, Scheduled Tribes and Other Backward Classes for their upliftment. Actually, these reservation policies were implemented for scheduled castes and scheduled tribes only at the time of implementation of the constitution. After very long time, the then prime minister Late V.P. Singh had implemented 27 percent reservation to other backward classes for gaining of Social Justice. But due to conspiracy and the upper castes the conditions of reamy layer were imposed by the supreme court of India. Thus this paper will disclose all secrets in this countex.


2019 ◽  
Vol 73 (2) ◽  
pp. 72-79
Author(s):  
Carla Marcantonio

FQ books editor Carla Marcantonio guides readers through the 33rd edition of Il Cinema Ritrovato Festival held each year in Bologna at the end of June. Highlights of this year's festival included a restoration of one of Vittorio De Sica's hard-to-find and hence lesser-known films, the social justice fairy tale, Miracolo a Milano (Miracle in Milan, 1951). The film was presented by De Sica's daughter, Emi De Sica, and was an example of the ongoing project to restore De Sica's archive, which was given to the Cineteca de Bologna in 2016. Marcantonio also notes her unexpected responses to certain reviewings; Apocalypse Now: Final Cut (2019), presented by Francis Ford Coppola on the large-scale screen of Piazza Maggiore and accompanied by remastered Dolby Atmos sound, struck her as a tour-de-force while a restoration of David Lynch's Blue Velvet (1986) had lost some of its strange allure.


2020 ◽  
Vol 81 (3) ◽  
pp. 120-126
Author(s):  
Jennifer Brady

Purpose: To explore dietetic practitioners’ perceptions of their education and training in the knowledge, skills, and confidence to understand social justice issues and to engage in socially just dietetic practice and social justice advocacy. Methods: An online semi-qualitative survey sent to Canadian dietitians. Results: Most respondents (n = 264; 81.5%) felt that knowledge- and skill-based learning about social justice and social justice advocacy should be a part of dietetic education and training. Reasons given by respondents for the importance of social justice learning include: client-centred care and reflexive practice, effecting change to the social and structural determinants of health, preventing dietitian burnout, and relevance of the profession. Yet, over half of respondents either strongly disagreed or disagreed that they were adequately prepared with the knowledge (n = 186; 57.4%), skills (n = 195; 60.2%), or confidence (n = 196; 60.5%) to engage in advocacy related to social justice concerns. Some questioned the practicality of adding social justice learning via additional courses to already full programs, while others proposed infusing a social justice lens across dietetic education and practice areas. Conclusions: Dietetic education and training must do more to prepare dietitians to answer calls for dietitians to engage in social justice issues through practice and advocacy.


Author(s):  
Walter Rech

This chapter examines and contextualizes Sayyid Qutb’s doctrine of property and social justice, which he articulated at a time of deep social conflicts in Egypt. The chapter describes how Qutb, along with other writers concerned with economic inequality in the 1920s–40s such as Hasan al-Banna (1906–1949) and Abd al-Razzaq al-Sanhuri (1895–1971), conceptualised private ownership as a form of power that must be limited by religious obligations and subordinated to the public good. The chapter further shows that Qutb made this notion of restrained property central to a broader theory of social justice and wealth redistribution by combining the social teachings of the Qur’an with the modern ideal of the centralized interventionist state. Arguably this endeavour to revitalise the Quranic roots of Islamic charity and simultaneously appropriate the discourse of modern statehood made Qutb’s position oscillate between legalism and anti-legalism.


Author(s):  
Ethan J. Leib ◽  
Stephen R. Galoob

This chapter examines how fiduciary principles apply to public offices, focusing on what it means for officeholders to comport themselves to their respective public roles appropriately. Public law institutions can operate in accordance with fiduciary norms even when they are enforced differently from the remedial mechanisms available in private fiduciary law. In the public sector, fiduciary norms are difficult to enforce directly and the fiduciary norms of public office do not overlap completely with the positive law governing public officials. Nevertheless, core fiduciary principles are at the heart of public officeholding, and public officers need to fulfill their fiduciary role obligations. This chapter first considers three areas of U.S. public law whose fiduciary character reinforces the tenet that public office is a public trust: the U.S. Constitution’s “Emoluments Clauses,” administrative law, and the law of judging. It then explores the fiduciary character of public law by looking at the deeper normative structure of public officeholding, placing emphasis on how public officeholders are constrained by the principles of loyalty, care, deliberation, conscientiousness, and robustness. It also compares the policy implications of the fiduciary view of officeholding with those of Dennis Thompson’s view before concluding with an explanation of how the application of fiduciary principles might differ between public and private law settings and how public institutions might be designed or reformed in light of fiduciary norms.


2021 ◽  
pp. 002087282110079
Author(s):  
Robert K Chigangaidze

Any health outbreak is beyond the biomedical approach. The COVID-19 pandemic exposes a calamitous need to address social inequalities prevalent in the global health community. Au fait with this, the impetus of this article is to explore the calls of humanistic social work in the face of the pandemic. It calls for the pursuit of social justice during the pandemic and after. It also calls for a holistic service provision, technological innovation and stewardship. Wrapping up, it challenges the global community to rethink their priorities – egotism or altruism. It emphasizes the ultimate way forward of addressing the social inequalities.


Author(s):  
Adeela Arshad-Ayaz ◽  
M. Ayaz Naseem

AbstractAs a once in a 100 years emergency, the COVID-19 pandemic has resulted in repercussions for the economy, the polity, and the social. Also, the ongoing pandemic is as much a teaching moment as it to reflect on the lack of critical citizenship education. The fault lines of the health system have become visible in terms of infection and death rates; the fault lines of the educational system are now apparent in the behavior of the citizens who are flouting the public health guidelines and, in certain cases, actively opposing these guidelines. The main objective of this commentary is to initiate a dialogue on the social contract between the state and the subjects and to see how education and educators can respond to the challenge of the new normal. It is contended that education under the new normal cannot afford to keep educating for unbridled productivity education under the new normal. It must have welfare, human connections, ethical relationships, environmental stewardship, and social justice front and center.


2021 ◽  
pp. 002087282110200
Author(s):  
Kang Liu ◽  
Catherine A Flynn

While the environment is fundamental to humankind’s wellbeing, to date, social work has been largely focused on the social, rather than the physical, environment. To map how the broader environment is captured in the profession’s foundational documents, an exploratory sequential mixed methods study (QUAL → quan) analysed data from 64 social work codes of ethics. Findings indicate that although the environment is mentioned in the majority of these, there is a continued focus on the social, overlooking to some degree the physical, predominantly the built, environment. A more holistic understanding of the environment would enable social work to better fulfil its commitment to human rights and social justice.


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