scholarly journals Other Understanding Arrangements That Are Contrary to Pancasila in Law Number 16 of 2017

2019 ◽  
Vol 6 (5) ◽  
pp. 598
Author(s):  
Tuti Herawati ◽  
M Ilwan ◽  
Kaharudin Kaharudin
Keyword(s):  
Rule Of Law ◽  
Objective Measure ◽  
Community Organizations ◽  
Moral Values ◽  
Philosophical Approach ◽  
The Rule Of Law ◽  
Article 59 ◽  
Sociological Approach ◽  
The Core ◽  
Measurement Mechanism

This research was conducted to find out how other understanding arrangements that are contrary to Pancasila in Law No. 16 of 2017; and What are the criteria or objective measures of an understanding that are considered contrary to the Pancasila and which institution is competent in evaluating an understanding that is considered to be in conflict with the Pancasila. To be able to find an objective measure of  “understanding that is contrary to Pancasila”, several approaches can be used namely, first the Philosophical approach, which focuses on theoretical deepening of the rule of law with the core of the study explaining that an Act must emerge with the principle of concrete rules and is easily understood generally. Secondly, the Juridical approach which explains that the mention of the two last additional elements in the explanation of Article 59 paragraph 4 letter c of Law No. 16 of 2017. And third, a sociological approach that explains that to be able to find an objective measurement mechanism for "understanding contrary to Pancasila". In the provisions of the prohibition of Community Organizations contained in Article 59 of Law No. 16 of 2017 specifically related to "Understanding that is contrary to Pancasila", is very laden with nuances of social and moral values, therefore to be able to measure actions or understandings that are considered to be in conflict with it must be submitted to the judiciary in evaluating it.

The COVID-19 Pandemic, the Courts and Online Hearings: Maintaining Open Justice, Procedural Fairness and Impartiality

2021 ◽  
pp. 0067205X2199313
Author(s):  
Michael Legg
Keyword(s):  
Rule Of Law ◽  
Procedural Fairness ◽  
Judicial Power ◽  
Communications Technology ◽  
Design Decisions ◽  
Adoption Of Technology ◽  
The Rule Of Law ◽  
The Core

The COVID-19 pandemic and the ensuing mandated health protections saw courts turn to communications technology as a means to be able to continue to function. However, courts are unique institutions that exercise judicial power in accordance with the rule of law. Even in a pandemic, courts need to function in a manner consistent with their institutional role and their essential characteristics. This article uses the unique circumstances brought about by the pandemic to consider how courts can embrace technology but maintain the core or essential requirements of a court. This article identifies three essential features of courts—open justice, procedural fairness and impartiality—and examines how this recent adoption of technology has maintained or challenged those essential features. This examination allows for an assessment of how the courts operated during the pandemic and also provides guidance for making design decisions about a technology-enabled future court.

scholarly journals Ensuring Guarantees of the Rights of the Individual and the Inalienability of his Legal Status in the System of Legal Regulation

2021 ◽  
Vol 1 ◽  
pp. 21-29
Author(s):  
Alexander Vladimirovich Konovalov ◽  
Keyword(s):  
Rule Of Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Public Law ◽  
Synergistic Action ◽  
The Rule Of Law ◽  
The Core ◽  
Private And Public ◽  
The Individual ◽  
Different Levels

The article is devoted to the analysis of the general principle of law — ensuring guarantees of individual rights and the inalienability of his legal status. According to the author, they are provided by the synergistic action of private and public law regulation. The article convincingly shows that private and public law is a single system of values with different levels of generalization of terms and different methodology. At the same time, it is the private legal mechanisms that are the basis, the core of the rule of law.

scholarly journals Digital Constitutionalism: Using the Rule of Law to Evaluate the Legitimacy of Governance by Platforms

2018 ◽  
Vol 4 (3) ◽  
pp. 205630511878781 ◽  
Author(s):  
Nicolas Suzor
Keyword(s):  
Social Media ◽  
Rule Of Law ◽  
Good Governance ◽  
Contract Law ◽  
Private Governance ◽  
The Rule Of Law ◽  
The Core ◽  
Urgent Task ◽  
Social Media Platforms ◽  
The Relationship

Platforms govern users, and the way that platforms govern matters. In this article, I propose that the legitimacy of governance of users by platforms should be evaluated against the values of the rule of law. In particular, I suggest that we should care deeply about the extent to which private governance is consensual, transparent, equally applied and relatively stable, and fairly enforced. These are the core values of good governance, but are alien to the systems of contract law that currently underpin relationships between platforms and their users. Through an analysis of the contractual Terms of Service of 14 major social media platforms, I show how these values can be applied to evaluate governance, and how poorly platforms perform on these criteria. I argue that the values of the rule of law provide a language to name and work through contested concerns about the relationship between platforms and their users. This is an increasingly urgent task. Finding a way to apply these values to articulate a set of desirable restraints on the exercise of power in the digital age is the key challenge and opportunity of the project of digital constitutionalism.

scholarly journals THE RELEVANCE OF THE TERM «NATIONAL BOURGEOISIE» FORRESEARCHINGTHE RULING ELITE IN UKRAINE

2020 ◽  
Keyword(s):  
Rule Of Law ◽  
Foreign Capital ◽  
Marxist Theory ◽  
Ruling Elite ◽  
Economic Interests ◽  
The Rule Of Law ◽  
The Core ◽  
Rhetorical Figures ◽  
National Bourgeoisie ◽  
Marxist Tradition

The article demonstrates the relevance of the concept of «national bourgeoisie» in the context of researching the ruling elite in Ukraine. The main limitations of the current concepts of the Ukrainian ruling elite are an ahistorical approach, and treating it (elite) as an anomaly, pathology. Particular attention is paid to the criticism of the concepts «neopatrimonial democracy», «oligarchy», «corruption», which constitute the core contents of the current concepts of the ruling elite in Ukraine. The concept of «national bourgeoisie» and the exposition of its evolution in Marxist theory serves as the basis for the criticism. It was determined that neopatrimonialism, and with it oligarchy and corruption, are concepts denoting the power of one faction unfavorable for theother faction of the bourgeoisie. These terms do not refer to any existing norm, alternative, do not imply the opposite, its otherness (democracy, the rule of law, but they are polemical, rhetorical figures in the class struggle. The theoretical content of these concepts acquires scientific meaning only when using the Marxian concept of the bourgeoisie (or the national bourgeoisie in the Marxist tradition), which presupposesthe rule of law insofar as it meets the economic interests of the bourgeoisie, and the state is a concentrated expression of these interests, as well as a foothold in the struggle of different factions of the bourgeoisie among themselves and against the oppressed classes (hence, bourgeois democracy). Power is not conceived outside of capital since capitalists are indirectly or directly related to each other and influence the authorities' decisions. Under the conditions of postcolonialism, or neocolonialism, the national bourgeoisie has resorted to more direct forms of protecting their interests through state, restricting foreign capital in the economy and political power. However, this does not mean the absolute independence of the national bourgeoisie from the transnational bourgeoisie, both in the political and in economic sense. The study proves the necessity of using the concept of «national bourgeoisie» for researching the ruling elite in Ukraine under capitalism in general, and the intra– and interclass struggle in particular.

scholarly journals BASIS EPISTEMOLOGIS PARADIGMA RASIONAL DALAM ILMU HUKUM: SEBUAH DESKRIPSI TENTANG ASUMSI-ASUMSI DASAR TEORI HUKUM MURNI-HANS KELSEN

2014 ◽  
Vol 14 (3) ◽  
Author(s):  
Kelik Wardiono ◽  
Khudzaifah Dimyati
Keyword(s):  
Cognitive Science ◽  
Rule Of Law ◽  
Legal Norm ◽  
Empirical Reality ◽  
Philosophical Approach ◽  
Pure Theory ◽  
The Rule Of Law ◽  
Basic Assumptions ◽  
Hans Kelsen ◽  
Theory Of Law

Based on the philosophical approach, it is known basic assumptions of rational paradigm as seen in Hans Kelsen's pure theory of law that consists of: human assumptions based on the quasi-transcendental along with its characters and aurea aetas; ontological assumptions based on empirical reality and equating sein reality with sollen, and normativity created as logico transcendental conditions; epistemological assumption that underlying the science of law as cognitive science, creating the rule of law as a whole object, and reconstructing legal norm as the relation between non-causal and non-metaphysical facts; axiological assumption that reconstructs norm as the object of legal science and equating the basic norms with natural laws.Key words: basic assumptions, rational paradigm, the theory pure of law, jurisprudance.

scholarly journals The Legal Balance Between Liberty and Equality

2021 ◽  
Vol 69 (3) ◽  
pp. 675-689
Author(s):  
Isabel Trujillo
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law ◽  
The Core ◽  
Political Theories ◽  
The Relationship ◽  
Core Meaning

The paper explores the specific legal balance between liberty and equality, distinguishing it from political theories and constitutional settings, where they are often considered in opposition. In order to find the specific legal balance between liberty and equality, and after identifying some of their relevant meanings for the purpose, it becomes necessary to focus on the rule of law, and to examine the relationship between liberty and equality in its different versions. Once the core meaning of the rule of law in terms of liberty and equality is enucleated, it is possible to consider extending it to the international field.

20. Human Rights IV: The Human Rights Act 1998

2018 ◽  
Author(s):  
Ian Loveland
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Conservative Party ◽  
New Labour ◽  
The Rule Of Law ◽  
The Core ◽  
Parliamentary Sovereignty ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Government

This chapter discusses the main provisions of the Human Rights Act 1998 (HRA) and considers its implications for the understandings attached to the core constitutional principles of parliamentary sovereignty, the rule of law, and the separation of power. It argues that the Blair government’s rapid and determined efforts to convince Parliament to pass the HRA demonstrates that members of the first New Labour administration did not share the simplistic view of democracy embraced by the Conservative Party during the judicial supremacism episode. The 1998 Act may be criticised on the basis that it transfers a dangerous amount of political power from the government to the judges, but the sentiments evinced by many Conservative MPs on this issue had little to commend them from a constitutional perspective.

scholarly journals Elephants in the Room: The European Commission’s 2019 Communication on the Rule of Law

2019 ◽  
Vol 11 (2-3) ◽  
pp. 423-438 ◽  
Author(s):  
Dimitry Kochenov
Keyword(s):  
Rule Of Law ◽  
Critical Reading ◽  
The Rule Of Law ◽  
The Core ◽  
Core Problem ◽  
The Eu

Abstract This contribution honouring Prof. Martin Krygier scholarship provides a brief critical reading of the European Commission’s July 2019 Communication on the Rule of Law (COM(2019) 343 final). It argues that although the Commission’s effort is welcome, the Communication fails to correctly identify the core problem related to the Rule of Law in the EU, which is the constitutional capture in the illiberal regimes. The failure to identify the core problem with unequivocal precision and spell out its key elements as well as dissect its causes undermines the likely effectiveness of the tools proposed by the Commission to address the unnamed and unanalyzed on-going Rule of Law concerns. Consequently, the Communication is lacking in vital essentials, if not vacant at the core.

scholarly journals International human rights courts and the (international) rule of law: Part of the solution, part of the problem, or both?

2021 ◽  
Vol 10 (1) ◽  
pp. 118-138
Author(s):  
ANDREAS FOLLESDAL
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
International Human Rights ◽  
International Courts ◽  
The Rule Of Law ◽  
The Core ◽  
European Court ◽  
Margin Of Appreciation ◽  
International Human ◽  
International Rule

AbstractCritics challenge international courts for their interference with domestic democratic processes and alleged violations of rule of law standards: they claim that these guardians of the rule of law are not well guarded themselves. These concerns should not be dismissed too quickly as mere disgruntled venting by populist politicians. This article focuses on regional human rights courts and argues that the same interests and values that justify rule of law standards of impartiality, independence and accountability domestically also justify similar standards for international courts. Focusing on the European Court of Human Rights and its doctrine of the margin of appreciation, the article demonstrates how this doctrine may contribute to fulfilling the rule of law but at the same time may also endanger it. This requires changes to the doctrine to ensure that the core rule of law standards of predictability and protection against arbitrary discretion are respected.

scholarly journals Penyelesaian Tindak Pidana Pencurian Hewan Ternak Menurut Hukum Adat Masyarakat Kecamatan Alas Kota Madya Manufahi

2021 ◽  
Vol 7 (1) ◽  
pp. 143
Author(s):  
Acacio Fernandes Vassalo
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Positive Response ◽  
East Timor ◽  
Customary Law ◽  
Modes Of Operation ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Article 59

Theft is related to the possession of other property without the permission of the owner, with various ways and modes of operation. The role of customary law in the settlement of criminal theft (livestock) is the implementation of state duties in combating criminal acts. This is a manifestation of Article 2 paragraph (3) and Article 59 paragraph (4) of the RDTL Constitution. The application of customary law in the Alas District (Posto Administrativo) is a positive response to the high desire of the community about a peaceful and serene life in their environment. Therefore, the term law enforcement is closely related to the idea of the rule of law or legal principles as the supreme power in the rule of law and democracy in East Timor.

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