scholarly journals Menimbang Wacana Formalisasi Hukum Pidana Islam di Indonesia

2012 ◽  
Vol 12 (1) ◽  
Author(s):  
Faisal Faisal
Keyword(s):  
Criminal Law ◽  
The State ◽  
Positive Contribution ◽  
State Legislation ◽  
The World ◽  
Social Balance ◽  
Severe Punishment ◽  
Almost All

Abstract: The Possibility of an Islamic Criminal Law Formalization Discourse in Indonesia. In the discourse of law, criminal law is often viewed as a cruel and barbarian law. This view is based on an assumption that although the application of criminal law aims to restore social balance, it is undeniable that the application of the criminal contains elements of retaliation against the perpetrators of crime. This is reinforced by the severe punishment-oriented model of criminal deprivation of liberty in the form of imprisonment that dominates almost all penal systems of the nations of the world, including Indonesia. This paper proves that the Islamic criminal law legislation in the formalization of the State legislation has a positive contribution in a framework to enrich and bring together a form of awareness of the commitments of the nation and the state.Keywords: law, crime, Islam, formalization, IndonesiaAbstrak: Menimbang Wacana Formalisasi Hukum Pidana Islam di Indonesia. Dalam diskursus ilmu hukum, hukum pidana seringkali dipandang sebagai hukum barbarian yang kejam. Pandangan ini didasarkan pada sebuah asumsi bahwa meskipun penerapan pidana bertujuan untuk memulihkan keseimbangan sosial yang rusak, namun tidak dapat dimungkiri bahwa dalam penerapan pidananya terkandung unsur pembalasan terhadap pelaku kejahatan. Hal ini diperkuat dengan masih massifnya model pemidanaan yang berorientasi pada pidana perampasan kemerdekaan berupa penjara yang mendominasi hampir seluruh sistem pemidanaan negara- negara dunia, termasuk Indonesia. Tulisan ini membuktikan bahwa legislasi hukum pidana Islam ke dalam formalisasi perundang-undangan Negara memiliki kontribusi positif dalam rangka memperkaya sekaligus merekatkan kembali sebagai bentuk penyadaran terhadap komitmen dalam berbangsa dan bernegara.Kata Kunci: hukum, pidana, Islam, formalisasi, IndonesiaDOI: 10.15408/ajis.v12i1.978

DRIVERS OF ECONOMIC GROWTH UNDER THE CONDITIONS OF THE CORONOVIRUS PANDEMIC

2021 ◽  
Vol 20 (1) ◽  
pp. 24-33
Author(s):  
Igor A. Prudnikov ◽  
A. M. Rotary
Keyword(s):  
Economic Growth ◽  
Health Care ◽  
Health Care System ◽  
Business Processes ◽  
Consumer Preferences ◽  
The State ◽  
Global Changes ◽  
Customer Base ◽  
The World ◽  
Almost All

The events that took place in 2020 in terms of the epidemiological component in the world entailed global changes in almost all sectors of the economy. The state in which the whole world is today, as well as business, receives new requirements for the health care system, education, economy, law, transport and so on. Today it has become clear that the usual business processes have changed and will no longer be the same, moreover, they will change faster than before. Companies have become even more closely monitoring modern trends and began to adapt to current consumer preferences, thus they will be able not only to maintain their position in the market, but also to increase their customer base.

scholarly journals Trading In Influence Dalam Perspektif Fikih Korupsi

2020 ◽  
Vol 11 (1) ◽  
pp. 1
Author(s):  
Mohammad Farid Fad
Keyword(s):  
Criminal Law ◽  
Qualitative Method ◽  
The State ◽  
The Government ◽  
Undue Advantage ◽  
Almost All

<p><strong></strong>Corruption is a deep-rooted phenomenon existing in inumerable forms that occurs in almost all countries. Of the inumerable forms of corruption, trading in influence (TI) is considered soft corruption as it is not directly inflict losses on the state. However, through misuse influence a person has, he can obtain undue advantage. This article seeks to describe critically about the practice of trading in influence from the perspective of fiqh corruption. The type of method used in this study was a qualitative method. Descriptive-analitycal method was used to accurately describe and systematically analyze the facts found. This research found that fromthe perspective of Islamic criminal law, TI is considered khiyanah or <em>ghulul</em> (betrayal) and <em>risywah</em> (bribes), while the sentence is left to the policy of a judge or ruler (<em>ta'zir</em>), no matter whether the perpetrators are the government or private parties.</p><p><strong> </strong></p><p><strong>Abstrak</strong></p><p>Korupsi merupakan fenomena yang terjadi hampir merata di berbagai negara. Dari berbagai macam varian korupsi yang ada, <em>trading in influence</em> (TI) termasuk kriteria korupsi yang <em>soft</em>, artinya, negara tidak secara langsung dirugikan, namun melalui pengaruh yang diperdagangkan, seseorang bisa memperoleh keuntungan yang tidak semestinya (<em>undue advantage</em>) lewat kebijakan yang bersifat memihak. Artikel ini berupaya mendeskripsikan secara kritis tentang praktek TI dalam perspektif fikih korupsi. Jenis metode yang digunakan dalam penelitian ini adalah metode kualitatif. Sementara dalam menganalisis, peneliti menggunakan metode deskriptif-analitis, guna menggambarkan serta menganalisis secara sistematis fakta yang ditemukan secara akurat dan cermat. Penelitian ini menemukan bahwa dalam perspektif hukum pidana Islam, TI dapat digolongkan dalam kategori <em>khiyanah</em> atau <em>ghulul</em> (pengkhianatan) dan <em>risywah</em> (suap), sementara hukumannya diserahkan pada kebijakan hakim atau penguasa (<em>ta’zir</em>), baik pelakunya penyelenggara negara maupun pihak swasta.</p>

scholarly journals Coronavirus (COVID-19) and Possibilities for Criminal Law Reaction in Europe: A Review

2020 ◽  
Author(s):  
Veljko TURANJANIN ◽  
Darko RADULOVIĆ
Keyword(s):  
Public Health ◽  
European Union ◽  
World Health Organization ◽  
Criminal Law ◽  
The State ◽  
World Health ◽  
Criminal Offence ◽  
Contagious Disease ◽  
The World ◽  
Health Organization

Coronavirus (COVID-19) is the newest dangerous contagious disease in the world, emerged at the end of 2019 and the beginning of 2020. World Health Organization at the daily level publishes numbers of infected patients as well as several dead people around the world and in every region particularly. However, public health and criminal law are inevitably linked. National criminal laws in Europe mainly prescribe criminal offences for transmitting a dangerous contagious disease. Numerous states have closed their borders, quarantining their nationals that entering in the state. Strangers cannot enter in European Union. However, many do not abide by the restrictions, and people who have become ill with coronavirus walking the streets and committing a criminal offence. The authors in the work, in the first place, explain the connection between public health and criminal law and then elaborate criminal jurisdictions in Europe.

The state of the fur business in the world

2021 ◽  
Vol 1 (10) ◽  
pp. 79-86
Author(s):  
Sergei G. Stolbov ◽  
◽  
Nikolai A. Balakirev ◽  
Keyword(s):  
The State ◽  
Pricing Policy ◽  
The World ◽  
Almost All ◽  
Farming Industry

The paper assesses the activities of the cellular fur farming industry in the world, while noting the role of Russia. The world cellular fur farming, since the beginning of the last century, has been steadily developing and has achieved some success, annually producing 40–45 million skins, this was the optimum that allowed, along with meeting the needs of the world's population in fur, to regulate pricing policy. At the beginning of the XXI century, this balance was disturbed, some countries, such as China, Denmark, began to increase livestock, which led to overproduction of products, from this the price of fur fell. In 2020, the pandemic made adjustments, the number of caged fur-bearing animals in almost all countries sharply decreased. Question: who will have time to occupy the vacant niche? The role of Russia in this period.

scholarly journals JīVANMUKTI IN HINDU TANTRISM

2019 ◽  
pp. 77-86
Author(s):  
Sergei V. Pakhomov ◽  
Keyword(s):  
The State ◽  
The Other ◽  
Objective World ◽  
The World ◽  
Complete Independence ◽  
The Status ◽  
Ideological Dimension ◽  
The One ◽  
Almost All ◽  
Supreme Deity

The concept of jīvanmukti, “liberation during life”, arose in Advaita Vedānta as a response to the paradigm of “disembodied” liberation (videhamukti). The condition of jīvanmukti is highly appreciated in Tantrism. The concept of jīvanmukti often includes the meanings of identification with the absolute, the supreme deity. There are different kinds of jīvanmukti, for example, active and passive ones. The state of jīvanmukti is the complete independence, highest ideal, spiritual perfection. Jīvanmukta considers the entire objective world to be a reflection of the higher Self. The status of jīvanmukta can have an ideological dimension when it is opposed to traditions that are considered ineffective in Tantra. The acquisition of jīvanmukti is primarily due to spiritual knowledge. On the one hand, knowledge is a certain state of the carrier of knowledge himself; on the other hand, it is always knowledge of “something”. Although jīvanmukti can be reached through almost all tantric practices, there is a certain gradation of the time spent on it. The man reaches liberation during life not in isolation from the world. Outwardly, jīvanmukta cannot stand out among ordinary members of society; all his uniqueness is hidden inside his consciousness.

scholarly journals Epidemiological trends of leprosy in Goiás, Brasil

2020 ◽  
Vol 25 (10) ◽  
pp. 3723-3730
Author(s):  
Camila Rodrigues da Silva ◽  
Lucas Henrique Ferreira Sampaio ◽  
João Paulo Francisco de Souza ◽  
Gabriela Tayrine Pereira Caetano ◽  
Isabela Jubé Wastoswki
Keyword(s):  
Physical Disabilities ◽  
Temporal Trends ◽  
Public Health Problem ◽  
Absolute Number ◽  
The State ◽  
Western Region ◽  
Continuous Training ◽  
The World ◽  
Almost All ◽  
Epidemiological Trends

Abstract Brazil is the second nation in absolute number of new cases of leprosy in the world. The country presents many regions highly endemic to the disease, as is the case of the Goiás. The present study aims to analyze the temporal trends of leprosy indicators in Goiás between 2006 and 2015. This study showed a significant trend of decline for the coefficient of detection. Although the central-western region of the state presented the highest absolute number of cases, the Northeast of the state presents the worst epidemiological situation, with an increase in the number of cases of patients with physical disabilities and those under 14 years of age. The data also showed that there is an increase in the cases of patients with physical deformities in almost all macroregions of the state, indicative of late diagnosis. It is very important that there is a more effective and continuous training of the health professionals of the non-centralized units, for a real control of leprosy as a public health problem in the state. In addition, special attention should be given to the poorer regions of the state, which have shown a tendency to increase the diagnosis of patients younger than 14 years and with physical disabilities caused by leprosy.

scholarly journals STATUS AGAMA DALAM KEHIDUPAN PUBLIK PERSPEKTIF HAM INTERNASIONAL

2020 ◽  
Vol 6 (2) ◽  
pp. 190
Author(s):  
Yudi Junadi
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Freedom Of Religion ◽  
Modern State ◽  
Positive Contribution ◽  
The West ◽  
Transnational Movements ◽  
Current Wave ◽  
The World

Along with the rise of religious claims as one of the solid foundations for the grounding of Human Rights (HAM), the problems confronting humanity in relation to the presence of religion, in the contemporary era tend to escalate. The current wave of globalization has not only marginalized but rather provided an opportunity for the birth of various religious transnational movements that had not been predicted before. The conception of the modern state adopted by the West which was later referred to as a model for the construction of the state in various other parts of the world, was founded on the basis of secular values that transcended traditional solidarity, among which were national equality. Apart from the black stain that has been inscribed in history, especially in the field of freedom of thought, religion at this time can be said to have a positive contribution as a source of aspiration for the parties that are suppressed. Keywords : Globalization, Freedom of Religion, International Law, Human Rights.

scholarly journals STATE AND PROSPECTS OF BIOENERGY DEVELOPMENT

2019 ◽  
pp. 59-66 ◽  
Author(s):  
V. Linnik ◽  
Yu. Linnik
Keyword(s):  
Energy Production ◽  
The State ◽  
Biofuel Production ◽  
Energy Sources ◽  
Organic Substances ◽  
State Support ◽  
Biological Resources ◽  
The World ◽  
Alternative Sources ◽  
Almost All

Biofuel is one of the world’s major alternative sources of energy derived from biomass which includes almost all organic substances. In this regard, the state and prospects of development of the world bioenergy have been considered. The positive and negative sides of increasing energy production from biomass have been revealed. The analysis of the countries with the greatest biological resources for the production of liquid and gaseous biofuels has been carried out. The leading countries in the production of various types of biofuels have been determined and the measures of state support, contributing to the development of this direction, have been analyzed. The state and prospects of bioenergy development in Russia have been considered. The export potential of the country in the field of biofuel production and its use in industry has been revealed. It has been established, that despite some successes in the use of biofuel, the development of bioenergy projects in Russia still leaves much to be desired. The reasons, hindering the development of bioenergy in Russia, and measures to stimulate the development of biofuel production have been identified. In this regard, a flexible policy of the state in terms of innovation and energy is necessary, while today the state is focused on traditional energy sources.

scholarly journals CUSTOMS AFFAIRS IN THE CONDITIONS OF COVID-19

2020 ◽  
Vol 133 (5) ◽  
pp. 42-57
Author(s):  
Taras KARAVAYEV ◽  
Nina KALUGA
Keyword(s):  
The State ◽  
Complete Analysis ◽  
International Treaties ◽  
Scientific Methods ◽  
The World ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Legislative Changes ◽  
Almost All ◽  
The Impact

Background. The COVID-19 pandemic declared by the WHO in March 2020 have significantly affected almost all sectors of economy and life spheres, including the imple­mentation of customs affairs. Introduced changes in the trade and customs policy of count­ries of the world, legislative changes and quarantine measures have affected the activity of the customs authorities of Ukraine, which requires a separate study. Analysis of recent researches and publications has shown that the published up to date papers aren’t systematic and can’t claim to be a complete analysis of the problems and challenges related with the impact of the COVID-19 pandemic on customs affairs at the WCO level and in Ukraine. The aim of the paper is to analyze the WCO measures and the implementation of cus­toms affairs by the customs of the State Customs Service of Ukraine in the conditions of the COVID-19 pandemic. Materials and methods. General scientific methods such as the systematic approach, theo­retical generalization and comparison, analysis and synthesis have been used in the research. Results of the research. Globally, the WCO and partner organizations have develop­ped measures to achieve the balance between combating the spread of COVID-19 and ensuring continuity of supply chains. The quarantine measures introduced in the world and in Ukraine have affected the activities of the customs authorities of the State Customs Service. At the first stage, 94 checkpoints across the state border and points of control were temporarily closed, 38 of which remain closed till now. The total number of vehicles passed through the customs border of Ukraine in January-September 2020 compared with 2019 decreased by more than 2 times to 6.7 million units. The largest reductions were fixed for road, air and river transport. The total volume of customs declarations of the MD-2 form decreased by 5.7%. However, the number of other customs documents, according to which goods are sent in international postal and express shipments, has significantly increased. Conclusion. In the conditions of the COVID-19 pandemic, the WCO focused their attention of customs administrations on taking the necessary measures to protect customs personnel who in direct contact with citizens and carriers when crossing borders. The mea­sures introduced in Ukraine in connection with the spread of COVID-19 have affected the activity of the customs authorities of the State Customs Service. However, the customs officials carried out customs formalities promptly and according to the current legislation and international treaties of Ukraine.

Trends in Administrative Reform in Brazil

1969 ◽  
Vol 1 (2) ◽  
pp. 167-188 ◽  
Author(s):  
Francis Lambert
Keyword(s):  
Developing Countries ◽  
Third World ◽  
Central Government ◽  
Administrative Reform ◽  
The State ◽  
National Plan ◽  
The Third ◽  
The World ◽  
The Third World ◽  
Almost All

In almost all the developing countries ‘planning’ has become the open sesame to an industrial future. Private enterprise, it has been argued, is either incapable or unwilling to provide the investment necessary to develop the world, and therefore the task must be carried out by the state, acting through a wide variety of ministries, nationalized corporations, and ‘mixed’ businesses in which the state is the main shareholder. But making a plan is not the same thing as carrying it out, as most of the nations of the Third World have discovered to their cost. A new and highly sophisticated administrative structure will be necessary to carry out the national plan, and the existing government systems, which are mostly based on foundations laid when the responsibilities of the central government were very much smaller, are mostly inadequate. This dilemma can be seen most obviously in the case of Brazil, where a strenuous and partially successful effort has been made to reform the administration and to fit it for its new tasks. What lessons can be learnt from the successes and failures of the administrative reform in Brazil?

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