scholarly journals The Dynamics of The Democratic Process In Legal Politics In Indonesia And Egypt

2020 ◽  
Vol 8 (3) ◽  
Author(s):  
Nahrowi Nahrowi ◽  
Masyrofah Masyrofah ◽  
Nurul Handayani

The implementation of democratic systems in several Muslim countries has obstacles. This is due to the development of people's thinking patterns about understanding democracy itself. Islam as a religion emphasizes the establishment of harmonious relations in the life of the state, but when applying the relationship of Islam and democracy in the life of the state does not necessarily be smooth at the level of practice. Ideally a country that runs a democratic system has a higher level of community participation in developing the country. But on the other hand, It faced with the reality of the problems in implementing democratization in the Islamic world. There are countries that are claimed to succeed as democratic countries, generally after going through a transition period of transfer of government power. But on the contrary, not a few countries that have not or are not ready to accept change as a process of democratization are actually trapped in the struggle for power and lead to conflict and violence. Therefore it is important to discuss about the challenges and obstacles of democratization in the Islamic world. With a normative-empirical approach, this article aims to analyze the problems of the democratization process in two Muslim countries, namely Indonesia and Egypt. This study found that the process of democratization as a part of legal politics system in Muslim countries must adapt to the culture and political conditions of each country. The challenges of the democratization process in Indonesia and Egypt, namely the media, ideology, natural resources, common vision and mission in developing the country, strong commitment from all components of the nation, political will of the head of state related to power sharing and strengthening dialogue with the people. While the obstacles are prolonged political, economic and social instability making it vulnerable to the emergence of conflict and violence, political, cultural and religious sectarianism, authoritarianism, internal and external conflicts.

2021 ◽  
Author(s):  
Vladimir Shedyakov ◽  

Optimizing transformations during the transition period requires the use of the entire multilateral system of mechanisms to protect national interests. The state occupies an essential place, in particular, the establishment of forms of public-private partnership in coordinating diverse initiatives and creative searches. At the same time, on the one hand, the independence and security of development force them to predominantly rely on their own forces. On the other hand, the refusal to unify the social structure (in particular, statehood) makes it easier to increase efficiency, flexibility and adaptability while maintaining loyalty to national foundations and traditions. The two most noticeable trends in the transformation of the state structure are the strengthening of totalitarian-corporate characteristics or features of democracy. Accordingly, the depersonalization of responsibility – or its embodiment in specific leaders is realizing. At the same time, as you know, selection and promotion in the corporate sector has nothing to do with democracy. And the processes of pathologizing political and economic life may imply a departure from general, direct, secret and equal elections to senior government positions, and include broad manipulative capabilities of the media sphere.


2021 ◽  
Vol 6 (1) ◽  
pp. 54-68
Author(s):  
Gulmira Mussagulova ◽  
Zulfiya Kassimova

The article is devoted to the consideration and study of the creativity of the most prominent representatives of the musical art of national ethnic groups, the role of the Assembly of the People of Kazakhstan, the identification of various criteria for the relationship of ethnic groups living in the territory of the Republic of Kazakhstan, the peculiarities of their life, way of life, spheres of life, their relationship and views on the modern State, created by the first President of the Republic of Kazakhstan – Nursultan Nazarbayev. The core of the projects completed in the period from 2012 to 2017 includes not only historical facts and materials found from the State Archives, Central Scientific Library and the National Library of the Republic of Kazakhstan, but also an overview of active participation in many events related to the Assembly of the People of Kazakhstan, to the 20th and 25th anniversaries of the Assembly of the People of Kazakhstan, associated with the considered ethnocultural centers and representatives of certain ethnic groups. Through the media, participation in international scientific and practical conferences, previously unknown facts of the studied ethnic groups were highlighted, and their relationship with the main population of the republic, their contribution to the multinational culture of Kazakhstan, which in turn confirms the prudent, orderly, and wise policy of Elbasy (The Head of the State). The authors use the following methods in the study: historical-chronological, source study, analytical, comparative, and interviewing. Since 2012, in Kazakh musicology, the musical heritage of ethnic groups inhabiting Kazakhstan has been studied. A unique opportunity for a full-fledged study of their work is presented thanks to the activities of the Assembly of the People of Kazakhstan and systematic state policy, under the leadership of the First President. In 2017, the second book, entitled "The Historical Significance of the Assembly of the People of Kazakhstan in Interethnic Cultural Integration", was published, which became a fruitful result of the research project in 2015–2017. This book is a kind of continuation of the series, which began in the previous collective monograph "The Musical Art of the People of Kazakhstan", which was published at the end of 2014 and has undergone extensive testing not only among professionals, but also among fans of the musical culture of multinational Kazakhstan. Such research projects, which were not previously carried out in the domestic humanitarian science, are significant and in demand, since before their appearance in domestic musicology there were only separate reports on the activities of cultural centers, articles in the media and on Internet sites, a brief analysis of the work of specific masters in publications devoted to the study of the history of musical art of numerous national cultures. They give only fragmentary ideas about the art of the ethnic groups in question. The relevance and insufficient elaboration of these problems served as the basis for the study "The historical significance of the Assembly of the People of Kazakhstan in interethnic cultural integration", carried out by the Department of Musicology of the M. Auezov Institute of Literature and Art of the Committee of Science of the Ministry of Education and Science of the Republic of Kazakhstan. The implementation of such a complex and significant topic for the national musical art, coverage of the activities of large cultural centers of different ethnic groups, and much more makes it possible to determine the contribution of each of them to the history of Kazakhstan's development and outline ways to preserve the traditional folklore heritage and identity. In this regard, these projects are relevant and socially and politically significant at the state level.


2011 ◽  
Vol 60 (3) ◽  
pp. 759-767 ◽  
Author(s):  
Stefan Talmon

On 27 February 2011, it was reported in the media that the United Kingdom had revoked the diplomatic immunity of Libyan leader Mu'ammar Qaddafi and his family.1 Earlier that day, the British Foreign Secretary, William Hague, told BBC1's Andrew Marr Show:[…] the people of Libya have risen up against Colonel Gaddafi. We have here a country descending in to [sic] civil war with atrocious scenes of killing of protestors and a Government actually making war on its own people so, of course, it is time for Colonel Gaddafi to go. That is the best hope for Libya and last night I signed a directive revoking his diplomatic immunity in the United Kingdom but also the diplomatic immunity of his sons, his family, his household so it's very clear where we stand on, on his status as a Head of State.2Although Colonel Qaddafi claimed not to have any ‘official position’ in the Libyan State apparatus,3 he has been widely regarded as the Head of State of Libya. The French Court of Cassation held in March 2001 that, as the serving Head of State of the Libyan Arab Jamahiriya, he was completely immune in respect of alleged complicity in acts of terrorism.4 William Hague's statement seemed to give the impression that the United Kingdom no longer recognized Colonel Qaddafi as ‘Head of State’ and thus denied him diplomatic immunity, despite the fact that he was still being listed as such on the Foreign and Commonwealth Office's website ‘Country Profile: Libya’.5 This impression was reinforced by his statement that a British special forces operation the night before which rescued some 150 oil workers from remote desert camps in Libya had been carried out without the ‘official permission’ of the Qaddafi Government.6


2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Melnikov Victor Yurievich

Human society is not a history of ideas, as such, of the activities or the vicissitudes of destinies, the so-called historical personalities acting according to the arbitrariness of their mind and heart. The history of society has its “earthly basis”. This is, first of all, the history of the development of people, their existence, traditions of the people, spirituality, moral values, economic development, rules of conduct, laws of the country in which you live, in short, the ideology of the state and how it is presented by the authorities through the media.  But in Russia, as stated in article 13 of the Constitution of the Russian Federation, "No ideology can be established as a state or mandatory." The same Constitution recognizes “ideological diversity”.  Subsequent postulates of the same Constitution of the Russian Federation refute the foregoing.


2019 ◽  
Vol 15 (1) ◽  
pp. 26-50
Author(s):  
Nadirsah Hawari ◽  
Rachma Octariani ◽  
Eva Rosalia ◽  
Sinta Arifka ◽  
Asep Candra

Abstract According to Islamic Shari'a, holding a public office is not a right for an individual, but an obligation for the State. Therefore, the government, both the regional head and all its officials, must select the most suitable and most suitable person for every government job. It should not be made of nepotism by looking at kinship, friendship, or faction from any relationship with the eligibility of someone to hold a position .The existing rulers should appoint officials from the best people (al-ashlah), the Prophet said which means "whoever holds a Muslim's business (meaning being a ruler) then he appoints someone to be an official even though he knows there are more people good for (benefit) of the Muslims, then really he has betrayed Allah and His Messenger "(Ibn Taimiyah). If the head of state or other officials do not find the right person for a certain position, in this situation they must choose the person who is more representative. Representative here means the person who is the most appropriate from the one for each government position. And also in this selection process, the head of state and other officials must know about the standards of eligibility al-quwwah (strength) and al-amanah (trust). Al-Quwwah is the ability and feasibility of a job assignment. Whereas trusteeship is a behavior that focuses on the management process regarding the position or function of a position that is in accordance with Islamic Shari'a with the intention of only devoting to Allah and not based on fear of humans and expecting their self-interest. nominating yourself is required to convey the vision and mission and the state program that will be implemented. In this case, the community or community is very necessary to obtain information on the candidate pairs who nominate themselves, and the campaign that can be used as a means of communicating politics and public education. The leaders, servants of the State, civil servants or the military, judges and so on, are essentially representations of the voices of the people they lead. The leaders are no more than public servants who must devote and dedicate their leadership to the benefit of the people. The leaders are only representatives of the fulfillment of the rights of the people, so that they are obliged to run the government properly.    Abstrak Menurut syariat islam, memegang suatu jabatan-jabatan umum bukanlah hak  bagi individu, melainkan kewajiban atasnya bagi Negara. Oleh sebab itu, pemerintah baik kepala daerah dan seluruh pejabatnya harus menyeleksi orang yang paling cocok dan paling layak bagi setiap pekerjaan pemerintahan.Tidak boleh beerbuat nepotisme dengan memandang kekerabatan, persahabatan, atau golongan dari manapun yang tidak ada hubunngannya dengan kelayakan seseorang untuk memegang suatu jabatan.Para penguasa yang telah ada hendaknya mengangkat para pejabat dari orang orang terbaik (al-ashlah), Nabi bersabda yang artinya“barang siapa memegang suatu urusan kaum muslimin (maksudnya menjadi penguasa) kemudian ia mengangkat seseorang menjadi pejabat padahal ia mengetahui ada orang yang lebih baik bagi (kemaslahatan) kaum muslimin, maka sungguh ia telah mengkhianati Allah dan Rasul-Nya” (Ibnu Taimiyah).Apabila kepala Negara atau para pejabat lainnya tidak menemukan orang yang tepat untuk suatu jabatan tertentu, dalam keadaan ini mereka harus memilih orang yang lebih representative. Representative disini memiliki arti yakni orang yang paling tepat dari yang ada untuk setiap jabatan pemerintahan. Dan juga dalam proses penyeleksian ini, kepala Negara dan pejabat lainnya harus mengetahui tentang standar kelayakan  al-quwwah (kekuatan) dan al-amanah (kepercayaan).Al-Quwwah ialah kemampuan dan kelayakan suatu tugas jabatan. Sedangkan amanah, merupakan perilaku yang dititik beratkan pada proses  pengelolaan perihal jabatan atau fungsi dari suatu jabatan yang sesuai dengan syariat islam dengan niat hanya bertaqwa kepada Allah dan bukan berdasar pada ketakutan kepada manusia dan mengharap pamrih dari mereka.Didalam pelaksanaan kampanye, pasangan calon kandidat yang mencalonkan diri diharuskan untuk menyampaikan visi dan misi serta program kenegaraan yang akan dijalankan. Dalam hal ini, umat atau khalayak masyarakat sangat perlu untuk memperoleh informasi atas pasangan calon kandidat yang mencalonkan diri tersebut, dan kampanyelah yang dapat dijadikan sebagai sarana berkomunikasi politik dan pendidikan masyarakat. Para pemimpin, abdi Negara, pegawai sipil atau militer, hakim dan lain sebagainya, pada hakikatnya merupakan representasi suara rakyat yang mereka pimpin. Para pemimpin tidaklah lebih dari pelayan masyarakat yang harus mengabdikan dan mendedikasikan kepemimpinannya untuk kemaslahatan rakyat. Para pemimpin hanyalah wakil akan pemenuh hak hak umat, sehingga mereka wajib menjalankan roda pemerintahan dengan baik.


Author(s):  
Paweł Borecki

An analysis of contemporary constitutions indicates that the number of denominational states is slowly decreasing. However, we also encounter opposite tendencies. The model of a denominational, or a religious state is primarily characteristic for Muslim countries of the Near and Middle East and for a number of Southeast Asian countries. In the last decades, the number of Christian states and secular ideological states has declined signifi cantly. There is a stable group of states with Buddhism as a privileged religion. The religious constitutional norms of states of confession are generally characterised by a high degree of generality. Detailed provisions are seldom and denominational clauses are primarily included among the principles of the supreme constitution. Underlying the religious character of the state lies the rejection of the neutrality of the worldview. It is not possible, on the basis of the constitution alone, to reconstruct a detailed, universal model of a religious state. In the light of fundamental laws, the most common characteristics of religious states are: the negation of the neutrality of the state in worldviews, the acceptance of a particular religion as the offi cial religion, the rejection of the equality of religious associations, the requirement of a head of state to follow the state religion or belief, and the state support for a given confession. The constitutions of most religious states formally provide for religious freedom. In the fundamental laws of some Muslim states, the guarantees for this freedom are, however, silent. The Western political culture fails the characteristics of an organisational unity of the state or the religious apparatus. The socio-political reality of contemporary religious states indicates that this model of statehood cannot be a priori regarded as contrary to the principles of democracy and human rights.


Author(s):  
Вениамин Чиркин ◽  
Vyeniamin CHirkin

This article discusses several types of non-specialized and specialized bodies, carrying out legal protection in the countries of the world of the constitution: the ordinary courts, constitutional courts. constitutional councils, specific authorities in some muslim countries, some other organs. Applying a multifaceted approach, content analysis of constitutions and laws governing the constitutional control, methods of analysis and synthesis. induction and deduction, techniques of comparative law, the author notes the existence of the pros and cons of the Institute of constitutional control in four areas: 1) in organizing such bodies (the formation and composition) in countries with different institutional forms of such Institute; 2) in the process of reviewing cases, including in a different composition of the judicial presence and forms of other meetings of the relevant bodies; 3) in the effectiveness of their decisions, including the situation, when such decisions are final and not subject to appeal, and order in individual countries when on-demand some higher state bodies (Parliament, Head of state) bodies of the constitutional control again examine the case and only then their decision is final; 4) the problematic issue of the relationship between the decisions of the bodies of the constitutional control and of laws of the Parliament when the law (part of it) is contrary to the Constitution and therefore does not apply, whereas it is believed that exactly Parliament. as a folk representation expresses the sovereignty of the people ((no such allegations against a constitutional control body). It is also referred to the importance of the decisions of the courts of general jurisdiction, if they come to the conclusion about contradiction of the Constitution of a provision of the law, applied by the Court in resolving the case, and of the procedure for further action, the pros and cons of such practices in Russia.


2018 ◽  
Vol 13 (3) ◽  
pp. 41
Author(s):  
V. G. Bondarev ◽  
G. G. Gasimagomedov ◽  
A. I. Strebkov

The article considers the oppositional and quasi-oppositional or almost oppositional potential of the modern Russian media as the fourth power. The authors come to the conclusion that the modern Russian media sources’ oppositionism does not stem from the illusion that they are the fourth estate, but from the role they play in the system of the relations between the state and the civil society, between the individuals as the members of the civil society and the individuals as the members of the state. The oppositionism of the media is the reflection and expression, and simultaneously it is the symptom of the civil society’s oppositionism. It is its dissatisfaction with the system of the relations that are generated by the modern capitalist mode of production which turns a person into the slave of his needs which are cultivated and imposed on him by the production and the trade. The expansion of the unnecessary wants’ supply includes the media in this whirlpool of the unnecessary for the individual goods’, services’, thoughts’, ideas’ production and by doing so it does become counterpart and hostile to the society. The antagonism of the commercial media towards the society revives the public media, which in reality and according to its social content is now becoming oppositional, or euphemistically described as “the rose among the thorns of the modern times’ morality”. The oppositionism of the emerging media and the quasioppositionism of the commercialized media which, in fact, are cultivating the individual’s selfish opposition towards the civil society, do find its limits of the opposition in the different grounds. The first one finds its limit in the oppositionism of the society itself, in the needs of the people for the change of the existing relations between the authorities and the civil society, the second one does it in the dividends received from the false oppositionism.


This article discusses the concept of public administration, its features: the problem of state and municipal government. The fundamental and modern technologies of social management are analyzed. The theoretical and important aspects of the development of public administration are revealed. The author substantiates the development of a program to ensure an effective dialogue with the people as a means of implementing the principles of humanism and measures for the implementation of topical government tasks put forward in five directions of the development strategies of the Republic of Uzbekistan The requirement of the head of state that “not the people serve the state bodies, but the state bodies must serve the people” will require in society stability of the principle of social justice, ensuring equality of all before the law, achieving the rule of law, analyzes the needs of parliament for talented, ambitious, competent representatives of parliament. Uzbekistan is in the process of reforming all spheres of public life, there are fundamental changes in the minds of citizens, democratic forms the formation of society - a simplified order of relations between people and society, a citizen and a state. There is a social and political activity in the country. In such conditions, rapid reforms of public administration, introduction of new approaches and tendencies to management based on the use of wide possibilities of information technologies are important. The article considers that if administrative staff representing the interests of civil society, first of all, understand the personal, general and specific historical and socio-political situation of the entire population of the country, and the state and society are nationalized, this can be viewed as a sufficient form of an open society, impartiality truthfulness and timeliness to meet the needs of people.


2017 ◽  
Vol 2 (1) ◽  
pp. 1-17
Author(s):  
Mujahidin Mujahidin

Land is part of the earth as the ultimate gift of God which is governed by the State and used for the greatest prosperity of the people as mandated by the 1945 Constitution of the Republic of Indonesia. This research will raise the concept of iqtha 'in Islamic government through Al-Mawardi's thought in his book al-ahkam al-sultaniyyah by comparing it with the Indonesian land management sistem. The purpose of this study was to find out the concept of iqta 'in Islamic governance through the thinking of AlMawardi in his book al-ahkam al-sultaniyyah. Al-Mawardi in his book that iqtha is the giving of land to the community by the head of state, but the land that can be given is land which is his authority, namely no-man's land and abandoned land and no one manages it in the Indonesian context. bertuan but wild land (waste land) or referred to as vacant land and it is all controlled by the State except those cultivated by the community or residents with rights originating from the right to open land.


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