The Legal System under the American Military Occupation and the Legality of the Articles for the Government of Korean Constabulary

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

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Haiti and the American Military Occupation (1915–1934) by Raoul B. Altidor, and: American Imperialism's Undead: The Occupation of Haiti and the Rise of Caribbean Anticolonialism by Raphael Dalleo

Journal of Haitian Studies ◽

10.1353/jhs.2021.0009 ◽

2021 ◽

Vol 27 (1) ◽

pp. 201-208

Author(s):

Celucien L. Joseph

Keyword(s):

Military Occupation ◽

American Military

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THE AMENDMENTS OF THE CONSTITUTION OF 1945: ITS IMPACT ON INDONESIAN LEGAL SYSTEM

Jurnal Hukum & Pembangunan ◽

10.21143/jhp.vol38.no1.164 ◽

2008 ◽

Vol 38 (1) ◽

pp. 101

Author(s):

Budi Darmono

Keyword(s):

Legal System ◽

The State ◽

The Government

AbstrakThe Constitution of 1945 was not amended for 54 years. Some people evenregarded it as 'sacred' constitution because it was 'untouchable '. Somepeople said that it was not amended because it was advantageous for therulers. This Constitution was, in fact, concise. It consisted of three parts. Thefirst is Pembukaan or Preamble. The Preamble contained, and still containsthe Pancasila, the state 's fundamental norms. The second part is the BatangTubuh or Body. This consisted of only 37 articles of primary provisions, 4articles of transitional provisions, and 2 articles of additional provisions.The third part was the Penjelasan or Elucidation (explanatorymemorandum). According to point IV of the Elucidation, the reason for theConstitution's conciseness was to avoid rigidity. The Elucidation describedsociety as dynamic and volatile, especially in time of revolution. Therefore, ifdetailed matters were stipulated in the Constitution, the state might not havebeen able to keep up with the changes in society. Furthermore, point IV ofElucidation stated that despite the Constitution is concise, the most importantthing in running the government is the semangat or spirit of those who runthe government.

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Shadow economy and public debt sustainability in Turkey

Economic Annals ◽

10.2298/eka0773085b ◽

2007 ◽

Vol 52 (173) ◽

pp. 85-104 ◽

Cited By ~ 2

Author(s):

Yereli Burçin ◽

Erdem Seçilmiş ◽

Alparslan Başaran

Keyword(s):

Economic System ◽

Legal System ◽

Public Debt ◽

Shadow Economy ◽

Negative Effects ◽

The Core ◽

Significant Difference ◽

Sustainability Of Public Debt ◽

The Government ◽

The Relationship

The aim of this study is to examine the relationship between the shadow economy and public debt in Turkey. We elaborate on the questions regarding the negative effects of shadow economy on the sustainability of public debt observing the estimates about the size of shadow economy in Turkey. In the light of some scholars? estimates, we re-evaluate the macroeconomic situation of Turkey. At the core of the study, we discuss how the government borrowing policies would differ if the shadow economy was included into the legal system. In order to examine the effects of shadow economy on sustainability, we use various sustainability indicators. There is a significant difference observed between the calculations which take into account the volume of shadow economy as a share of economic system and those that exclude shadow economy as an exogenous variable. .

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Rule of Law and Law Reform in Korea

Korean Journal of Policy Studies ◽

10.52372/kjps10003 ◽

1995 ◽

Vol 10 (0) ◽

pp. 49-79

Author(s):

Joon-Hyung Hong

Keyword(s):

Economic Development ◽

Rule Of Law ◽

Military Occupation ◽

Law Reform ◽

Colonial Rule ◽

Korean Society ◽

Social Transformations ◽

American Military ◽

Japanese Colonial

As a theater of historical experimentation, Korean society merits special attention. Economic and social transformations that unfolded over two centuries or more in Western societies and over more than a century in Japan have exploded in a far shorter time in Korea. Various features of Korean society are radically heterogeneous in origin: some echo feudal structures of the pre-modem Chosun Dynasty, which lasted through the 1890s. Others stem from institutions of Japanese colonial rule(1905-1945), from the American military occupation of 1945-1948, from the corrupt autocracy of Syngman Rhee(1948-1960) or from the "developmental dictatorships" that ruled Korea by military decree from 1961 until only a few years ago. In the quasi-pluralistic Korean society of today, a commerce-centered network of relations interacts with oligarchical structures deeply rooted in recent as well as remote history. Confronted with unprecedented challenges, internal and external, Korea presently is in a period of transition, groping its way toward democratization while trying to maintain momentum for sustained economic development.

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From Social Trust and Happiness to Government Trust: The Moderating Role of Political Systems and Governance in the Philippines

PCD Journal ◽

10.22146/pcd.41903 ◽

2019 ◽

Vol 6 (2) ◽

pp. 305

Author(s):

Erickson D Calata ◽

Reginald G. Ugaddan

Keyword(s):

Legal System ◽

Central Government ◽

Social Trust ◽

The Philippines ◽

Future Research ◽

Trust In Government ◽

Political Systems ◽

The Government ◽

The Impact

There are frequent calls to enhance citizens' trust in government to pave the way towards a new paradigm of participatory governance and strong citizen support for government. In various realms, citizens may directly or indirectly engage with the government through various available mediums, even though, despite the availability of various policies and services provided by the government, citizens are generally passive and adamant in trusting the public sector. While many studies have explored a set of determinants that influence citizens' trust in government (i.e., central government, local government, parliament, and the legal system), few studies have ascertained the relationship and the role of social trust, happiness, governance, and political systems. These are critical factors that may influence trust in government. To address this gap, this study draws on the theoretical lens of social capital theory, proposing that cognitive social trust and citizen happiness—environment and performance—are the most likely predictors of citizen trust in government. This study assumes that citizens' perceptions of governance and political systems will moderate the effect of social trust and happiness on trust in government. Using data from the Asia Barometer Survey 2007, and focusing on data collected from the Philippines, this study tests a latent model employing the structural equation modelling technique. It finds that happiness negatively predicts trust in the central government and the legal system, while all other predictors do not have a significant effect. The findings also show that the political system moderates the impact of social trust and happiness on trust in government. Finally, this article points out its theoretical, empirical, and practical implications and provides directions for future research.

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SISTEM PERADILAN DI INDONESIA BERDASARKAN UUD NEGARA REPUBLIK INDONESIA TAHUN 1945

Yustitia ◽

10.31943/yustitia.v5i1.58 ◽

2019 ◽

Vol 5 (1) ◽

pp. 27-62

Author(s):

Ihat Subihat

Keyword(s):

Supreme Court ◽

Legal System ◽

Justice System ◽

Judicial System ◽

Judicial Power ◽

Military Justice ◽

Legal Structure ◽

Library Studies ◽

The Republic ◽

The Government

A country’s judicial system cannot be separated from the legal system in force in the country. In other words, a country’s justice system is a sub-system of the country’s justice system. Because the legal system that applies in Indonesia is a legal system based on the Pancasila and the 1945 constitution of the Republic of Indonesia, the judicial system in Indonesia must also be based on Pancasila values and articles in the 1945 Constitution of the Republic of Indonesia. This study was conducted by using normative juridical method by reviewing various legal materials; primary, secondary and tertiary legal materials. While the data collection method was carried out through library studies. The analysis technique used descriptive method with prescriptive approach. The result of this study showed that the four judicial environments are under the Indonesia Supreme Court; general justice, religious justice, military justice and state administrative courts, as sub-judicial systems in Indonesia, each of which has an institutional, authority and legal structure separate events that differ from one another according to the specificity and absolute competence of each that cannot be mixed up. In contrast to other judicial environments which have adjusted to the changes in the new judicial power law, the institutional structure and authority of the courts within the military court which is part of the judicial system under the Supreme court of the Republic of Indonesia is still regulated in Law Number 31 of 1997 concerning Military justice and not yet adjusted to Lay Number 14 of 2004 concerning Judicial Power, because the Amendment Draft to the Law on Military Justice which had been discussed since 2005 has not yet been agreed upon by the DPR and the Government. Even when the Lay on Military Justice cannot be adjusted to Law Number 4 of 2004, on October 29, 2009 Law Number 4 of 2004 was revoked and then replaced with Law Number 48 of 2009 concerning the latest Judicial Power.

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

Jurnal Hukum Adigama ◽

10.24912/adigama.v1i1.2206 ◽

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.

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