scholarly journals Wacana Teologis Kontra Demokrasi Pancasila: Analisis Sosio-Pragmatis Terhadap Al-Qur’an Tarjamah Tafsiriyah Muhammad Thalib

MUTAWATIR ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 170-201
Author(s):  
Mohamad Sobirin
Keyword(s):  
Pragmatic Theory ◽  
Positive Law ◽  
The Way

The Al-Qur’an Tarjamah Tafsiriyah, which is initiated by Muhammad Talib as a correction to the Al-Qur’an Tarjamah Kementerian Agama which was considered as a source of radicalization, has found its paradox in the Qur’anic translation regarding the relation between Islam and state. This paper intends to answer two questions: what is the strategy of Muhammad Thalib in translating verses containing the keywords of taghut, tahkim, uli al-amr and awliya? and how relevant is the translation to the context of Indonesian Pancasila and democracy? By using socio-pragmatic theory, this paper argues that the ideology of counter-Pancasila democracy has lied in the Al-Qur’an Tarjamah Tafsiriyah. It obviously appears in the texts of translation that Thalib attempt to fight for the formalization of Sharia as a state positive law. Muhammad Thalib, for example, more often interpreted the word taghut in the Qur’an as heretical rules. These rules are contextually interpreted as thoughts, concepts, and ideologies that lead people to go astray from the way of God, including democracy, pluralism, secularism, liberalism, and Pancasila.

Mood

2017 ◽  
Author(s):  
Paul Portner
Keyword(s):  
Formal Analysis ◽  
Pragmatic Theory ◽  
Subordinate Clauses ◽  
Pragmatic Function ◽  
Verbal Mood ◽  
The Way

The category of mood is widely used in the description of languages and the formal analysis of their grammatical properties. It typically refers to features of a sentence’s form (or a class of sentences which share such features), either individual morphemes or grammatical patterns, which reflect how the sentence contributes to the modal meaning of a larger phrase or which indicates the type of fundamental pragmatic function it has in conversation. The first subtype, verbal mood, includes the categories of indicative and subjunctive subordinate clauses; the second sentence mood, encompasses declaratives, interrogatives, and imperatives. This work presents the essential background for understanding semantic theories of mood and discusses the most significant theories of both types. It evaluates those theories, compares them, draws connections between seemingly disparate approaches, and with the goal of drawing out their most important insights, it formalizes some of the literature’s most important ideas in new ways. Ultimately, this work shows that there are important connections between verbal mood and sentence mood which point the way towards a more general understanding of how mood works and its relation to other topics in linguistics, and it outlines the type of semantic and pragmatic theory which will make it possible to explain these relations.

scholarly journals Philosophical Considerations and Research Ideas About Comparing the Two Approaches: Messer’s Comments Point the Way Forward

2021 ◽  
Vol 17 (1) ◽  
pp. 109-122
Author(s):  
Michael A. Westerman ◽  
Kenneth L. Critchfield
Keyword(s):  
Future Research ◽  
Case Formulation ◽  
Large Measure ◽  
Philosophical Perspective ◽  
Pragmatic Theory ◽  
Reflex Arc ◽  
Defense Theory ◽  
The Way

In his commentary, Stanley Messer (2021) posed the question of whether it is possible to evaluate the relative merits of different case formulation approaches to psychotherapy. He went on to maintain, based on the pragmatic theory of truth, that it is possible to compare different case formulation approaches, and pointed to a program of research that he and his collaborators conducted as an example for possible future research (Collins Messer, 1991; Holland, Roberts, Messer, 1998; Messer, Tishby, Spillman, 1992; Tishby Messer, 1995). In this reply, we express our appreciation for Messer’s remarks, with which we agree in large measure, and attempt to highlight and build upon some of the points he made. We discuss Dewey’s (1896) classic critique of the reflex arc concept to point out other ways the philosophical perspective of pragmatism supports the view that different approaches to therapy are not incommensurate. We also offer a number of suggestions for future research comparing psychotherapy based on Interpersonal Defense Theory and IRT, or any two case formulation approaches to therapy. At many points, our suggestions follow along the lines of Messer’s research. We also emphasize the value of case formulation-based studies, not only with regard to research comparing approaches to treatment, but for investigating other issues about therapy as well.   

scholarly journals KEBIJAKAN REHABILITASI TERHADAP PENYALAH GUNA NARKOTIKA PADA UNDANG – UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA

2013 ◽  
Vol 2 (1) ◽  
Author(s):  
IDA BAGUS PUTU SWADHARMA DIPUTRA
Keyword(s):  
Drug Abuse ◽  
Drug Users ◽  
Theoretical Foundation ◽  
Journal Writing ◽  
Secondary Data ◽  
Drug Addicts ◽  
Legal Research ◽  
Positive Law ◽  
The Law ◽  
The Way

Positive law states, drug users are criminals because it has met the qualifications in the law of narcotics, narcotic offenses such as drug abuse in the study of criminology can be classified as a crime without a victim or a victimless crime. This is because they will become dependent on illicit goods (narcotics), the way it deems appropriate to cure the addiction is to rehabilitate the victims of drug abuse For law journal writing, the writer uses normative legal research with one character is using secondary data, where the data consists of primary legal materials, legal materials and secondary legal materials tertiary. And the theoretical foundation that is used is the law, norms and theories appropriate to the problem The results reveal the writing on the rehabilitation policy on Narcotics has been strictly regulated in Chapter IX legislation, policies were aimed at drug addicts and victims of drug abuse, arguing that victims of drug abuse is a victim of crime narcotics and therefore the appropriate sanctions to be meted out to him is the rehabilitation of the victims will be able to return to society and become useful

scholarly journals Some Legal Aspects of Non-judicial Foreclosure in Case of Default on Credit Contract in Vietnam

2016 ◽  
Vol 12 (6) ◽  
pp. 34
Author(s):  
Thuy Thi Thu Le ◽  
Tuan Minh Do
Keyword(s):  
Legal Aspects ◽  
Positive Law ◽  
Self Help ◽  
The Law ◽  
Credit Contract ◽  
The Way

<p>This paper aims to present the authors’ examination of some aspects of Vietnam’s positive law regarding non-judicial foreclosure. Upon default, a bank as a secured creditor may enforce his security right over the collateral that is understood as foreclosure. Foreclosure includes judicial foreclosure and non-judicial foreclosure. In the way of non-judicial foreclosure, a secured creditor can take possession and dispose the secured property without a court’s involvement. So, it may save the secured creditor time and cost. The law governing the non-judicial foreclosure should not only provide the efficient mechanics of self-help repossession but also protections to a grantor. It should be examined whether Vietnamese law meets this requirement. By this study, some drawbacks and shortages of Vietnamese law in relation to non-judicial foreclosure are exposed and then some recommendations for improvement of positive law of Vietnam governing the exercise of the non-judicial foreclosure are presented. </p>

A Pragmatic Argument for a Pragmatic Theory of Truth

2017 ◽  
Vol 14 (2) ◽  
pp. 135-156 ◽  
Author(s):  
John Capps
Keyword(s):  
Pragmatic Theory ◽  
Theories Of Truth ◽  
Pragmatic Argument ◽  
The Way

Even though pragmatic theories of truth are not widely held, they have advantages not found elsewhere. Here I focus on one such advantage: that a pragmatic theory of truth does not limit the range of truth-apt beliefs and thereby “block the way of inquiry.” Furthermore, I argue that this speaks for a particular formulation of the pragmatic theory of truth, one that shifts away from Peircean approaches and their emphasis on temporal independence, and toward a theory that instead emphasizes truth’s subject independence.

scholarly journals PENGADAAN TANAH MELALUI PRANATA ADAT DI PROVINSI BENGKULU (Kajian Dalam Hukum Dan Ekonomi)

2018 ◽  
Vol 3 (2) ◽  
pp. 133
Author(s):  
Imam Mahdi
Keyword(s):  
Customary Law ◽  
Land Acquisition ◽  
Legal Certainty ◽  
Positive Law ◽  
The World ◽  
The Government ◽  
Main Thing ◽  
Ownership Of Land ◽  
The Way

Abstract: Soil is the main thing in business in the plantation sector, but the way to obtain it is difficult because of the conditions. Between positive law and customary law in the way ownership of land by investor for plantation business will be an obstacle, HGU (Business Use Rights) issued by the government contain elements of legal certainty in positive law, while in absolute law over land, but the hereditary rights can not just disappear or go away. Land acquisition by investors through customary law will find obstacles in legal certainty, because it is difficult to later be slashed, sold and so on. The world of plantations is an economic world that can be traded.Keywords: Land Acquisition, Customary Law

scholarly journals PEMBANGUNAN EKONOMI DALAM TINJAUAN MAQASHID SYARI’AH

Dialog ◽  
2013 ◽  
Vol 36 (1) ◽  
pp. 31-46
Author(s):  
Ali Rama ◽  
Makhlan Makhlan
Keyword(s):  
Islamic Law ◽  
Educational Institution ◽  
The Other ◽  
Money Management ◽  
Management Innovation ◽  
Positive Law ◽  
The Law ◽  
The Way

Waqf as the way to worship Allah is also as a great potential asset for moslem. This great potential is empowered by various management innovation. Cash Wakaf that has been developed in several countries, in fact, be able to strengthen the economics of Moslem society. In the perspective of Moslem scholars”, not all of them agree with cash waqf. Although there is a different opinion about cash waqf, the majority of them legalized it. Either Hanafi or Maliki legalized cash waqf. Furthermore Hambali Moslem scholar also accept cash waqf and the other is not, while mazhab Syafi’iyah generally does not allow the practice of cash waqf. In the context of Indonesian Law. Law number 41, 2004 legalizes cash waqf, or valuable letter. This article discusses and analyzes cash waqf management at PPPA (The program for children who learn Quran by heart) with the analysis from the perspective of Islamic law and positive law No. 41, 2004. Based on the result of the research, it can be stated that cash money management at PPPA has been relevant with both of the approach of the law, and those developed cash waqf programs included educational institution, health, religion, and society needs services, that recently can reach hundreds of billions.

scholarly journals WAKAF TUNAI

Dialog ◽  
2013 ◽  
Vol 36 (1) ◽  
pp. 19-30
Author(s):  
A Zaenurrosyid
Keyword(s):  
Islamic Law ◽  
Educational Institution ◽  
The Other ◽  
Money Management ◽  
Management Innovation ◽  
Positive Law ◽  
The Law ◽  
The Way

Waqf as the way to worship Allah is also as a great potential asset for moslem. This great potential is empowered by various management innovation. Cash Wakaf that has been developed in several countries, in fact, be able to strengthen the economics of Moslem society. In the perspective of Moslem scholars”, not all of them agree with cash waqf. Although there is a different opinion about cash waqf, the majority of them legalized it. Either Hanafi or Maliki legalized cash waqf. Furthermore Hambali Moslem scholar also accept cash waqf and the other is not, while mazhab Syafi’iyah generally does not allow the practice of cash waqf. In the context of Indonesian Law. Law number 41, 2004 legalizes cash waqf, or valuable letter. This article discusses and analyzes cash waqf management at PPPA (The program for children who learn Quran by heart) with the analysis from the perspective of Islamic law and positive law No. 41, 2004. Based on the result of the research, it can be stated that cash money management at PPPA has been relevant with both of the approach of the law, and those developed cash waqf programs included educational institution, health, religion, and society needs services, that recently can reach hundreds of billions.

Proportionality II: Member States

2018 ◽  
Author(s):  
Paul Craig
Keyword(s):  
Member State ◽  
Case Law ◽  
Member States ◽  
State Action ◽  
Eu Legislation ◽  
Positive Law ◽  
The Way

The discussion in the previous chapter was concerned with proportionality and EU action. We now consider proportionality and the legality of Member State action. The discussion begins with positive law and analysis of the principal areas in which proportionality is used to contest the legality of Member State action. The application of proportionality and the four freedoms will be considered, followed by examination of the case law on proportionality and equality, with the focus then shifting to the way in which proportionality constrains Member States’ implementation and application of EU legislation.

Jurisdiction and State Responsibility

2019 ◽  
pp. 354-380
Author(s):  
Kimberley N. Trapp
Keyword(s):  
International Law ◽  
International Community ◽  
State Responsibility ◽  
Criminal Jurisdiction ◽  
Positive Law ◽  
The Law ◽  
Substantive Law ◽  
The Way

This chapter examines state responsibility issues in respect of a state’s exercise of jurisdiction through the prism of several themes, including shifting approaches to sovereignty and the increasing pluralism of the international community. These competing paradigms are, in some respects, reflected in the substantive law of jurisdiction, or might help to navigate between possible approaches to jurisdiction where positive law does not settle the matter. These paradigms may also have implications for the way in which the secondary rules of state responsibility do or should apply to internationally wrongful acts in respect of jurisdiction, and in turn the practice of state responsibility may support or provide evidence for the governing paradigm. The chapter then considers the law of criminal jurisdiction through the prism of state responsibility, particularly regarding the practice of state responsibility for excessive jurisdiction and the implications of the competing paradigms of international law in respect thereof.

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