scholarly journals Legal Arrangements of Law Enforcement in the Defense of the State to Strengthen the Defense of the Unitary Republic of Indonesia

2020 ◽  
Vol 7 (9) ◽  
pp. 201
Author(s):  
Yuliana Yuli Wahyuningsih ◽  
Satino Satino ◽  
Sulastri Sulastri
Keyword(s):  
Law Enforcement ◽  
Military Training ◽  
The State ◽  
Unitary State ◽  
The Republic ◽  
The Right ◽  
And Behavior ◽  
State Defense ◽  
Attitudes And Behavior ◽  
Important State

One of the functions of the state of being very important state on guarantees is a function the defense of the country. Function the defense of the country intended especially for preserves and maintain the country of the list of possibilities under attack by one of the outside and from within. Research methods that were used with the approach is normative juridical approach for legislation statue approach) based on the data found so some conclusion can be drawn as follows: 1.strategy state-defense to strengthen the system which can ensure the defense of the country it has stood the unitary state of the republic of Indonesia (NKRI): a. manifesting the form of the implementation of education state-defense through the activities of education education of citizenship , basic military training , devotion as a soldier tni and devotion befitting a profession . b. realize the implementation of the system of the sense of state-defense through the socialization of the program state-defense to all levels of society. c. create software containing legislation to support the implementation of the program state-defense. Software used as a reference a legal right in carried out a state-defense. d. create the necessary to support the program state-defense, especially to give the consequences to the left temporarily work. The defense of the country strategy which can ensure it has stood the unitary state of the republic of Indonesia (NKRI) , at the same time to respond to the challenges the defense of the country in the future , is the application of the system of the defense a strategy of defense in a padded menyinergiskan lapis military defense with layers non-military defense . 2 .The implementation of the policy to strengthen the defense system the unitary state of the republic of Indonesia (NKRI), regulated in the law of no. 13 years 2002 on the defense of the country .Where explained above that bela of the country is the attitudes and behavior a citizen who imbued by take one to the unitary state of the republic of Indonesia that based upon Pancasila and the constitution of 1945 at sustained concern only the survival of the entire nation and the country .The state should know is the right and responsibilities of citizens.

scholarly journals Cybersecurity Policy and Its Implementation in Indonesia

2016 ◽  
Vol 4 (1) ◽  
pp. 61 ◽  
Author(s):  
Muhamad Rizal ◽  
Yanyan Yani
Keyword(s):  
Cyber Security ◽  
Cyber Attacks ◽  
The State ◽  
Nation State ◽  
Counter Measures ◽  
Cyber Threats ◽  
Unitary State ◽  
The Republic ◽  
The Government ◽  
State Defense

The purpose of state defense is to protect and to save the integrity of the Unitary State of the Republic of Indonesia, the sovereignty of the state, as well as its security from all kinds of threats, whether they are military or non-military ones. One of the non-military threats that potentially threatens the sovereignty and security of the nation-state is the misuse of technology and information in cyberspace. The threat of irresponsible cyber attacks can be initiated by both state and non-state actors. The actors may be an individual, a group of people, a faction, an organization, or even a country. Therefore, the government needs to anticipate cyber threats by formulating cyber security strategies and determining comprehensive steps to defend against cyber attacks; its types and the scale of counter-measures, as well as devising the rules of law. 

scholarly journals Implementation Place of ‘Uqubat Canings in Fiqh Perspective (Analysis of Aceh Governor Regulation Number 5 of 2018)

2019 ◽  
Vol 2 (4) ◽  
pp. 65-73
Author(s):  
Helmi Helmi ◽  
Saiful Bahri ◽  
Riyandi Riyandi ◽  
Nurazizah Nurazizah ◽  
Nurmasyitah Nurmasyitah
Keyword(s):  
The State ◽  
Unitary State ◽  
Sharia Law ◽  
The Republic ◽  
The Right ◽  
Sharp Criticism ◽  
Perspective Analysis

One form of the development of fiqh is to make the charge of fiqh in the form of theoretical laws into practical laws by putting them in the legislation of a certain State or territory in the State. After being granted the right to implement Islamic sharia by the State, Aceh as a provincial territory within the Unitary State of the Republic of Indonesia had the opportunity to realize fiqh laws into legislation termed Qanun, in order to regulate the behavior of its people to be under the auspices of sharia law. Throughout the course of the application of Islamic sharia based on various Qanun that was built, its implementation has never been separated from various problems and criticisms, both from the internal elements of Aceh, National and International. Among the cases that finally led to the problem was the birth of the Aceh PERGUB Number 5 of 2018. The problem that arose was a sharp criticism contents of some of the PERGUB contents which was deemed to deviate from the previous Qanun and deviated from the provisions of fiqh, even further claimed as an effort to dwarf the Islamic sharia. However, if examined objectively, it is not certain that the regulation will deviate from the existing Qanun and fiqh. But like a hot ball that is rolling, the debate that occurs in response to the PERGUB is sometimes no longer at the level of finding a solution, but it has led to things that are political.

scholarly journals Al-Ȃtsȃr al-Mutarattibah ‘Ȃla PERPPU (Lawȃih al-Hukûmiyyah al-Badaliyyah) min al-Munazhzhamȃt al-Mujtama’iyyah raqm 2 li ‘ȃm 2017 dlidda wujûd hizb al-Tahrîr Indûnîsiyȃ min Manzhûr saddi al-dzarî’ah

2019 ◽  
Vol 14 (1) ◽  
pp. 146-177
Author(s):  
Abdul Jalil ◽  
Muhammad Taufiq
Keyword(s):  
Constitutional Law ◽  
Community Organizations ◽  
The State ◽  
Islamic State ◽  
Religious Tolerance ◽  
Unitary State ◽  
State Administration ◽  
The Republic ◽  
The Right

تتوافق منظور القانون الدستوري الإسلامي للّدولة الموحّدة بجمهورية إندونيسيا مع مبادئ الدستور الإسلامي، لأن نظام الحكم الذي يتم إدارته قد تضمن مبادئ الدستور الإسلامي مثل المساواة والعدالة والمشاورة والحرية. ويرد المبدأ في المبادئ الخمسة ل لبنجاسيلا (Pancasila). يمكن جهود حزب التحرير اندونيسيا لتشكيل حكومة الخلافة وفقًا لنسختها في الدولة الموحدة لجمهورية إندونيسيا أن تعطل نظام الدولة وأساسها وفلسفتها، ويمكن أن تؤدي إلى تفكك الوطني، ويمكن أن تقضي على التسامح الديني الذي يعد أساسًا في إدارة الدولة الإسلامية. إن ولادة بيربو رقم 2 لعام 2017 لها آثار على إغلاق الفرص (سدّ الذريعة) لمنظمات المجتمعية التي لها تعاليم أو تفاهمات تتعارض مع بنجاسيلا تنمو في الدولة الموحّدة لجمهورية إندونيسيا، و حزب التحرير اندونيسيا هي منظمة محظورة في إندونيسيا. وفقًا للنهج اللاحق، فإن وجود حزب التحرير اندونيسيا يهدد سيادة الدولة، بحيث يقع في فئة مستوى سد الذريعة الذي ينتج عنه بعض التهديدات والمخاطر. لذلك، لتجنب الضرر، فإن البديل عن حل حزب التحرير إندونيسيا هو الخيار الصحيح الذي يجب طرحه.The perspective of Islamic constitutional law, The Unitary State of the Republic of Indonesia is in harmony with the principles of Islamic state administration, because the system of government implemented has embraced the principles of Islamic constitution such as; al-Musâwah (equality), al-‘Adâlah (justice), al-Syûrâ (democration), al-Hurriyyah (freedom). The principle is contained in the five precepts of the Panacaila. HTI's efforts to establish a khilafah government according to its version in the Unitary Republic of Indonesia can disrupt the system, basis and philosophy of the State, can result in national disintegration, can eliminate religious tolerance which is substantially the principle in Islamic state administration. The birth of Perppu Number 2 of 2107 has implications for the closure of opportunities (Sadd al-Dzarîah) Community Organizations that have teachings or understandings contrary to Pancasila grow within the Unitary State of the Republic of Indonesia and HTI becomes a prohibited organization living in Indonesia. According to the consequentialist approach, the existence of HTI threatens the sovereignty of the State, so that being included in the category of levels of sadd al-dzarîah which has the effect of causing harm and danger therefore, to avoid alternative declarations dissolving HTI is the right choice that must be put forward.

scholarly journals THE AXIOLOGY OF PANCASILA IN THE RECONSTRUCTION OF LEGAL CULTURE IN INDONESIA

2019 ◽  
Vol 6 (1) ◽  
pp. 7
Author(s):  
Junaedi Junaedi
Keyword(s):  
Social Justice ◽  
Law Enforcement ◽  
Daily Life ◽  
Legal Culture ◽  
Founding Fathers ◽  
State Constitution ◽  
Unitary State ◽  
The Republic ◽  
And Behavior ◽  
Sense Of Justice

Pancasila is the result of a consensus with the founding fathers of the nation. Pancasila as a view of life and an ideology of the Unitary State of the Republic of Indonesia provides direction and goal to create an equitable and prosperous community. This study aims to analyze how the Axiology of Pancasila in the Reconstruction of Legal Culture in Indonesia. The method used in this study was normative juridical. The results showed that Pancasila is listed in the Preamble of the 1945 Constitution as a state constitution that needs to be actualized in daily life. Consequently, the values of Pancasila as a result of the crystallization of the nation�s culture that is multiculturalism must be reflected in the mindset, creativity, taste and behavior of Indonesian people. In the field of law, the values of Pancasila must be reflected in law enforcement with a sense of social justice for all Indonesian people. Hence, the legal culture characterized by the values of Pancasila needs to be actualized in order to realize national legal awareness in an effort to develop laws that protect and provide a sense of justice for all Indonesian people.Pancasila adalah hasil konsensus bersama para pendiri bangsa Indonesia. Pancasila sebagai ideologi dan pandangan hidup bangsa memberikan arah dan tujuan untuk membangun masyarakat Indonesia yang adil dan makmur dalam NKRI.� Tujuan penelitian ini adalah bagaimana Aksiologi Pancasila dalam Rekonstruksi Budaya Hukum Di Indonesia. Metode penelitian yang digunakan dalam penelitian ini adalah yuridis normatif. Hasil penelitian yaitu Pancasila tercantum dalam Pembukaan UUD 1945 sebagai konsitusi Negara yang perlu diaktualisasikan dalam kehidupan sehari-hari. Sehingga memberikan konsekuensi, bahwa nilai-nilai Pancasila sebagai hasil kristalisasi budaya bangsa yang bersifat multikulturalisme harus tercermin dalam pola pikir, cipta rasa dan tingkah laku masyarakat Indonesia. Dalam bidang hukum, nilai-nilai Pancasila harus tercermin dalam penegakan hukum yang berwatak rasa keadilan sosial bagi seluruh rakyat Indonesia. Sehingga budaya hukum yang berkarakter nilai-nilai Pancasila perlu diaktualisasikan demi terwujudya kesadaran hukum nasional dalam upaya membangun hukum yang mengayomi dan memberikan rasa keadilan bagi seluruh rakyat Indonesia.

scholarly journals Right to Own Land by the State in the Frame of Constitutional Law

2021 ◽  
Vol 2 (2) ◽  
pp. 46-57
Author(s):  
Zainuddin Zainuddin
Keyword(s):  
Constitutional Law ◽  
Research Method ◽  
The State ◽  
Legal Research ◽  
Proper Management ◽  
Unitary State ◽  
The People ◽  
Agrarian Law ◽  
The Republic ◽  
The Right

The right to control the state over land should be able to achieve the greatest prosperity of the people as mandated by Article 33 paragraph (3) of the 1945 Constitution of the Unitary State of the Republic of Indonesia. It is important to discuss the problem of the meaning of the substance of the right to control land by the State based on the 1945 Constitution. and what is the right to control land by the state based on regulations in the framework of constitutional law so that land for the greatest prosperity of the people can be achieved. The research method used is the normative juridical legal research method. The results show that the right to control land by the state within the framework of constitutional law is still very far from being burned, so that the prosperity of the people, one of which can be achieved through proper management of land controlled by the state, has not been able to achieve people's happiness as adhered to by the theory of utilitarianism law and more. continued as stated in the 1945 Constitution and the Basic Agrarian Law applicable in Indonesia.

Amendment of the Contravention Code or Defiance of the Constitution by the Exceptional Situations Commission?

2021 ◽  
pp. 56-65
Author(s):  
Iulian Rusanovschi ◽  
Keyword(s):  
Public Health ◽  
The State ◽  
Constitutional Court ◽  
State Of Emergency ◽  
Constitutional Review ◽  
Republic Of Moldova ◽  
The Republic ◽  
The Right ◽  
Epidemiological Situation

On 17.03.2020, the Parliament declared a state of emergency on the entire territory of the Republic of Moldova for the period March 17 - May 15, 2020. By the same Decision, the Parliament delegated the Commission for Exceptional Situations with the right to implement a series of measures to overcome the epidemiological situation in the country. However, in the conditions of a functioning Parliament and despite the clear and exhaustive texts of the Constitution, the Commission for Exceptional Situations amended during the state of emergency the Contravention Code, which is an organic law. The amendments specifically concerned the procedure and terms for examining infringement cases brought in connection with non-compliance with the measures adopted by the Commission for Exceptional Situations and the Extraordinary Commission for Public Health. In the conditions in which an organic law can be modified only by the Parliament, it is obvious the unconstitutionality, at least partial, of the Disposition no. 4 of 24.03.2020 of the Commission for Exceptional Situations, but unfortunately, the Constitutional Court is not mandated with the right to submit to constitutional review the normative acts adopted by the Commission for Exceptional Situations. Under these conditions, the state is obliged to identify solutions in order not to allow an authority to adopt unconstitutional normative acts that cannot be subject to constitutional review.

scholarly journals Makna Penting Demokrasi dan Musyawarah Bagi Keutuhan Bangsa Indonesia

2021 ◽  
Author(s):  
NAVI GITA MAULIDA
Keyword(s):  
The State ◽  
National State ◽  
Unitary State ◽  
Democratic State ◽  
The World ◽  
State Construction ◽  
The Will ◽  
The Republic ◽  
Historical Trajectory ◽  
As If

The Unitary State of the Republic of Indonesia (NKRI) based on the historical trajectory of the struggle, has the only state construction in the world where the nation is born first, then forms the state. The first President of the Republic of Indonesia Ir. Soekarno emphasized that the Unitary State is a National State. The purpose of the Indonesian nation to be born, independent, and to form a state has one goal, the will to elevate the dignity and life of the Indonesian people (Indonesian People's Sovereignty). Through an analysis of the reality of today's life, the Indonesian nation has lived in a condition of life order as if it were the same as a democratic state, namely that the first state was formed and the nation was born later. So that the sovereignty of the Indonesian people based on the principles of deliberation and representation has not been able to be realized.

scholarly journals Potik Hukum Pemerintahan Desa

2019 ◽  
Vol 1 (2) ◽  
pp. 208
Author(s):  
Dodi Jaya Wardana
Keyword(s):  
The State ◽  
Regional Government ◽  
Unitary State ◽  
Regulatory Law ◽  
The Republic ◽  
Village Government

The State recognizes and respects regional government units that are special or special in nature which are regulated by law. Second, the State recognizes indigenous and tribal peoples' units along with their traditional rights insofar as they are alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated in law. Politics of village government law, it cannot be separated from 3 (three) main bases, namely philosophical, sociological and juridical basis. The politics of regulatory law above are the basis for legal politics for regulations that are below, so that there should not be any universal inconsistencies. In addition, horizontally the legal politics of legislation must also be consistent

scholarly journals SOURCES OF THE POWER AND THE AUTHORITY OF MANAGERS

2018 ◽  
Vol 28 (1) ◽  
pp. 79-84
Author(s):  
Vojo Belovski ◽  
Biljana Todorova
Keyword(s):  
Interpersonal Relationships ◽  
Religious Media ◽  
The Status ◽  
The Will ◽  
The Republic ◽  
Intellectual Knowledge ◽  
The Right ◽  
And Behavior ◽  
Formal Power ◽  
Power And Authority

The paper starts from the general approach to the content and essence of the categories of power and authority and their interrelationship at the level of theoretical analysis and practical existence and manifestation.The sources from which the power and the authority of managers emerge will be analyzed taking into account their position and role in the organizations and other forms of the existence of the managerial function.The power is the right to order and obligation to respect / apply the order - it is very present in the work and behavior of the managers. The power is visible in the area of the state activities, in the education system, among the family.The authority represents carrying out the will even when it is contrary to the interests of others. You can talk about economic, ideological, religious, media authority, the authority of political parties and interest groups.Organizations are composed of persons who perform greater or lesser degrees of authority and power. Sometimes the power and authority in the organization arise from the position of a person in the organization or from the knowledge and skills that a person possesses. Others express their authority in interpersonal relationships through their character. In practice, it is seen that individuals have formal power and no real authority.Most directly, the authority of managers is derived from their functions / activities in the enterprise, from the right to command and direct other people in their tasks and responsibilities. Their power stems from the right and the ability to create an environment in which other individuals will participate in the realization of the organization's goals, in other words, the right to create an atmosphere that will encourage people to dedicate themselves to the work and development of the enterprise.The authority of managers arises from their intellectual knowledge, often higher than the knowledge of employees, which also activates authority as a voluntary acknowledgment of influence on the subordinate.Through an analytical approach, analyzes will be made on some issues and aspects of the status of managers in the Macedonian society, through projected grouping / classification of types of managers. Also, an answer to the question of why the managerial function in the Republic of Macedonia is reviving.

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