scholarly journals Calon Perseorangan dalam Pemilihan Umum Kepala Daerah

2014 ◽  
Vol 4 (01) ◽  
pp. 112-135
Author(s):  
Sri Warjiyati
Keyword(s):  
Political Institutions ◽  
Political Party ◽  
General Election ◽  
Local Election ◽  
Individual Candidate ◽  
The Republic ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Independent Candidates

Abstract: This article discusses the individual candidate in the general election of regional head in political jurisprudence perspective. Before the Mahkamah Konstitusi’s decision No. 5/PUU-V/2007 pointed out, the individual candidate could have enter the two political institutions; first, in the 2004 general election, the individual candidate competed to get into the institution of the Regional Representative Council of the Republic of Indonesia; second, Undang-Undang No. 11 tahun 2006 regarding with the Government of Aceh where the individual candidate could compete with the candidates promoted by the national political party in electing the regional head in all over Aceh. The decision of Mahkamah Konstitusi No. 5/PUU-V/ means that the local head election held in various regions can include the individual independent candidate. In political jurisprudence perspective, mechanism of the individual candidacy in the election has already in accordance with the concept of maslahah al-‘ammah ie. hifdz al-ummah.  In this case, any of the individual independent candidates who nominate themselves as the regional head cannot be discriminated and they deserve the right to nominate to be in line with the Mahkamah Konstitusi’s decision.Keywords: Candidate, individual, local election, jurisprudence, siyasah

scholarly journals CALON PRESIDEN PERSEORANGAN SEBAGAI PERWUJUDAN ASPIRASI RAKYAT PADA PROSES DEMOKRATISASI DI INDONESIA

2017 ◽  
pp. 95-108
Author(s):  
Parlindungan Sitorus
Keyword(s):  
Political Party ◽  
Vice President ◽  
General Election ◽  
Fifth Amendment ◽  
The People ◽  
Individual Candidate ◽  
The Republic

AbstractPolitical discourse that is being discussed today is Provincial Assembly of the Republic ofIndonesia proposes the fifth amendment of Contitution 1945 that candidates of Presidentand Vice President can be from individual candidate; by offering amendment of paragraph6A article (2) Constitution 1945 to become “Candidate of President and Vice Presidentcome from the proposal of political party of general election participant or from individual”.This discourse actually based on idea to realize democratization in the practice ofpresidential election; that sovereignty is on the people’s hand and to provide the maximumspace for the people who has capability to lead this great nation; and basically all people isequal in front of Law and Governance. Provincial Assembly believes that that proposal iscompatible with democracy principle that related to recognition on people’s right to electand to be elected even without having any political party.Keywords: Individual candidate, People aspiration, Democratization, “Deparpolisasi”

scholarly journals Freedom of expression and protection of personal data on the Internet: The perspective of Internet users in Serbia

2020 ◽  
Vol 15 (47) ◽  
pp. 5-34
Author(s):  
Marta Mitrović
Keyword(s):  
Freedom Of Expression ◽  
Personal Data ◽  
Individual Responsibility ◽  
The Internet ◽  
Snowball Sampling ◽  
Internet Users ◽  
The Republic ◽  
The Government ◽  
The Individual ◽  
The Right

The paper examines the views of Internet users concerning the protection of their rights on the Internet. The Web survey, conducted by the snowball sampling, included 783 Internet users who expressed their views regarding the ways the state (Serbia) and private agents (Facebook and Google) relate to the right of freedom of expression and privacy on the Internet. Also, the survey was used to examine the individual responsibility of users when it comes to the use of Internet services. Several hypotheses suggested that Internet users in Serbia do not have confidence in the country and private actors on the issue of protecting their rights. However, users also do not demonstrate a satisfactory level of individual responsibility. The most important findings indicate that: 1) only one-sixth of the respondents consider that the Government of the Republic of Serbia does not violate the privacy of Internet users; 2) almost half of the respondents do not feel free to express their views criticizing the government; 3) almost 90% of users are not satisfied how Facebook protects their privacy, while it is 1% lower in the case of Google; 4) a third of respondents answered positively to the question whether they had read terms of use of the analyzed companies, but half of them did not give a correct answer to the main questions; 5) only 8.9% of respondents who claimed to have read terms of use are aware of the fact that Facebook shares their data with third parties.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

Electronic Communication in the Paradigm of Interaction of State and Society

2020 ◽  
pp. 11-17
Keyword(s):  
Electronic Communication ◽  
Legal Regulation ◽  
Digital Environment ◽  
Active Involvement ◽  
Communication Law ◽  
State And Society ◽  
Legal Communication ◽  
The Republic ◽  
The Government ◽  
The Right

In recent decades, the phenomenon of mass electronic communication has been studied by various sciences. The right also turned out to be included in a similar discourse. Communication in the digital environment is the reason for the interaction of previously distant segments of society. In modern law, the concept of electronic communication remains in a certain sense debatable, it is often identified with legal communication. At the same time, electronic communication has an additional «dimension». The globalization of the information space encourages legal scholars to study electronic communication as the action and interaction of various actors, based on Internet technologies using web services, portals, blogs, websites, social networks. There is a need for re- levant legal regulation of the informational interaction between the authorities and society in the Republic of Belarus, in connection with which a new «field» is opening up for activities in various areas of law. The meaning of electronic communication is constantly expanding and, depending on the specialization, even varies. For an adequate understanding of electronic communication, law must take into account the tools of other humanities. In contact with the digital environment, legal science is called upon to reformat research tasks to explain the new empirical and theoretical experience associated with the transformation of the paradigm of interaction between the state and society in the network structures. The author comprehends these issues in relation to the conditions of development of e-government in the Republic of Belarus and the need for more active involvement of the public in the government.

Glosa do Wyroku Trybunału Konstytucyjnego z dnia 14 grudnia 2017 r., sygn. akt K 17/14

2021 ◽  
Vol 1(162) ◽  
pp. 179-191
Author(s):  
Justyna Karaźniewicz
Keyword(s):  
Narrow Scope ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Individual ◽  
The Right ◽  
Laws And Regulations

In the commented judgment, the Constitutional Tribunal stated that the provisions of laws and regulations providing for the right of officers of many services to search a person or carry out a personal inspection are inconsistent with the Constitution of the Republic of Poland. The inappropriate division of regulations between laws and sub-statutory acts, violating the constitutional requirement of specifying the principles and procedure of limiting the rights and freedoms of the individual at the level of a law, was rightly questioned. The Tribunal also referred to the obligation to ensure effective mechanisms of protection of individuals against unjustified interference with their rights through the introduction of effective measures of appeal against undertaken actions. Due to the narrow scope of the Ombudsman’s request initiating proceedings before the Tribunal, the consideration was limited only to certain aspects of searches and personal inspection. However, valuable, albeit fragmentary, references to the essence of these activities and their normative shape, desirable from the constitutional perspective, can be found in the judgement.

scholarly journals THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011

2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Service Needs ◽  
Human Beings ◽  
The Third ◽  
The Core ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Service Standards

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  

scholarly journals The Changing of Political Orientation of Masyumi Party During 1950-1959

2017 ◽  
Vol 1 (1) ◽  
pp. 52
Author(s):  
Alfi Hafidh Ishaqro ◽  
Alamsyah Alamsyah ◽  
Dewi Yuliati
Keyword(s):  
Political Orientation ◽  
The Body ◽  
Behavioral Changes ◽  
General Election ◽  
Native Communities ◽  
Historical Method ◽  
Political Struggles ◽  
The Republic ◽  
The Government ◽  
First Time

Through historical method, this article studies the Shifts in Political Ideological Orientation of Masyumi Party during the Liberal Democracy Era 1950–1959. The shifted orientations of Masyumi Party included a shif of orientation in its principle, form of government and the government executive system.The establishment of Masyumi Party was the apex of the Japanese concern in trying to map the axis of the powers of various groups in Indonesia. The formations of PUTERA, which bore the nationalist inclination and MIAI, which tended to accommodate urban Muslims were not attractive enough to win the hearts and empathy from the Indonesian native communities for its occupation in Indonesia. Masyumi Party made Islam as a its struggling principle, not only as a symbol  but also tha ideology and spirits in conducting the various siyasah preaches within the scope of political struggles. Numerous internal dynamics were then occuring in the body Masymi Party. The Party’s change in its orientation began to be visible, indicated by the idea suggested by M. Natsir to formulate the Constitution or Law of General Election.The formation of the General Election Law made M. Natsir and Masyumi the symbol of the establishment and growth of democracy in the Republic of Indonesia, which became more evident when M. Natsir was ousted and the subsequent working cabinet heads failed to hold a General Election. And finally, at the end of 1955 under the leadership of Burhanuddin Harahap, who was himself a Masyumi figure, a general election was held for the first time. The political attitude shown by Masyumi indicated that Masumi Party had shifted its political orientation. Masyumi Party, which originally struggled to implement Islam by employing the Syura in forming a government was helplessly compromising its principle by following and combining itself into a democracy model the initiator of which was the leader of Masyumi Party itself. Such political behavioral changes were associated with the reasoning of the then leaders of Masyumi Party, who tended to accommodative and excessively compromising. 

scholarly journals The Development of Waqf Management Throught Waqf Act in Indonesia (Note on Republic of Indonesia Act Number 41 of 2004 regarding Waqf)

2018 ◽  
Vol 22 (1) ◽  
pp. 1 ◽  
Author(s):  
Aden Rosadi ◽  
Deden Effendi ◽  
Busro Busro
Keyword(s):  
Qualitative Data ◽  
Religious Life ◽  
Social Meaning ◽  
Religious Institutions ◽  
Muslim Community ◽  
Community Needs ◽  
Library Research ◽  
The Republic ◽  
The Government ◽  
The Individual

Abstract: The Development of Waqf Management Throught Waqf Act in Indonesia (Note on Republic of Indonesia Act Number 41 of 2004 regarding Waqf). Waqf is an Islamic endowment of property to be held in trust and used for a charitable or religious purpose. The development of waqf law in Indonesia, as one of religious institutions, is the realization of Muslim community needs to fulfill their religious life. The object of waqf that formerly was focused on immovable objects, with the presence of the Act has been broader to movable property, especially money waqf. This paper describes the urgency of civilization and the dynamics of waqf both from the side of law and its management in the context of people prosperity. By using library research that use qualitative data, this paper found the existence of waqf, normatively lies not only in the individual obligations, but also in social meaning in the context of collective obligations involving mawqûf bih (the property), wâqif (the person creating a waqf), nazir (the supervisor/manager of waqf), mauqûf ‘alayh (waqf users), and the government through legislation. Basically, the Republic of Indonesia Act Number 41 of 2004 regarding Waqf is based on the philosophical, sociohistorical, and juridical foundation.

scholarly journals PERLINDUNGAN HAK WARGA NEGARA ATAS LINGKUNGAN HIDUP YANG SEHAT DIKAITKAN DENGAN MANFAAT PENERIMAAN NEGARA DARI PRODUKSI ROKOK

2018 ◽  
Vol 1 (1) ◽  
pp. 1328
Author(s):  
Billy Samuel ◽  
Rasji .
Keyword(s):  
Legal System ◽  
Research Method ◽  
Good Health ◽  
Legal Culture ◽  
Public Confidence ◽  
Healthy Environment ◽  
Health Services Need ◽  
The Republic ◽  
The Government ◽  
The Right

Cigarettes is a culture that has existed since time immemorial and has come down to the heir of the nation to this day, cigarettes which initially is a habit that is done to fill the vacuum of time, has now turned into something that makes people dependence on cigarettes. Therefore based on the 1945 Constitution of the State of the Republic of Indonesia in Article 28H paragraph (1) states that the right of citizens to obtain a good and healthy environment, and get good health services, need to be regulated further about health, especially the imposition cigarette. Now cigarettes that use tobacco which is one of addictive substances, has been regulated further by Law Number 36 Year 2009 About Health which is one of the realization of the ideals of the Constitution Article 28H Paragraph (1). However, control isn’t enough, in fact the government only carries the imposition of excise products that containing addictive substances. The research method used is normative legal research method that comes from primary, secondary, and supported by interview with related experts, which is analyzed deductively. In addition, the theory of the legal system not only refers to the substance of the law but also supported the legal culture that is more directed to the attitude of society, public confidence, values adopted by society and their ideas or expectations that determine how the legal system to obtain a place that is appropriate and acceptable to citizens within the framework of better society culture for Indonesia.

The Politics of Paternalism

2015 ◽  
Author(s):  
Julian Le Grand ◽  
Bill New
Keyword(s):  
Well Being ◽  
The State ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Better Than

This chapter examines the politics of paternalism. It first considers the question of whether the government can do better than the individual, outlining a set of justifications for government paternalism and showing how the state can intervene to improve the well-being of its citizens. It then discusses possible ways in which the government could be held to account to ensure that, in its paternalistic interventions aimed at improving its citizens' well-being, it does actually pursue the “right” agenda. It argues that the government can indeed raise the well-being of individuals who suffer from reasoning failure, even when allowance is made for possible reasoning failure among those individuals who constitute the government. However, democratic mechanisms must be put in place to ensure that the latter do not pursue their own agenda and turn the paternalistic state into an instrument of authoritarianism.

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