scholarly journals PANCASILA SEBAGAI ETIKA POLITIK DAN HUKUM NEGARA INDONESIA [Pancasila as Political Ethics and Indonesian State Law]

Law Review ◽  
2020 ◽  
Vol 20 (1) ◽  
pp. 71
Author(s):  
Thomas Tokan Pureklolon
Keyword(s):  
Qualitative Method ◽  
Interdisciplinary Approach ◽  
Moral Values ◽  
The State ◽  
Democratic Legitimacy ◽  
Political Ethics ◽  
Moral Legitimacy ◽  
Head Of State ◽  
State Administration ◽  
Legal Legitimacy

<p><em><strong>Abstract</strong></em></p><p><em>Pancasila is not only a source of derivation of legislation, but also a source of morality, especially in relation to the legitimacy of power, law and various policies in the implementation and administration of the state. The existence of the first precept of "The Almighty Godhead", and the second precept of "Fair and Civilized Humanity" is the source of moral values </em><em></em><em>for national and state life. The state of Indonesia which is based on the first precept of "The Almighty God" is not a "theocracy" state which bases state power and state administration on religious legitimacy. The power of the head of state is not absolute based on religious legitimacy but based on legal legitimacy and democratic legitimacy. Therefore, the principle of the principle of "Godhead of the Almighty" has more to do with moral legitimacy. This is what distinguishes the Almighty God from theocracy. The writing method in this journal is a qualitative method, with an interdisciplinary approach. Although in the Indonesian state it is not based on religious legitimacy, morally the life of the state must be in accordance with the values </em><em></em><em>derived from God, especially the law and morals in the life of the state.</em><strong><em></em></strong></p><p><strong><em>Keywords: Political Ethics, Law, Pancasila</em></strong></p><p><strong><em> </em></strong></p><p><strong>Abstrak</strong></p><p>Pancasila tidak hanya merupakan sumber derivasi peraturan perundang-undangan, melainkan juga merupakan sumber moralitas, terutama dalam hubungannya dengan legitimasi kekuasaan, hukum serta berbagai kebijakan dalam pelaksanaan dan penyelenggaraan negara. Eksistensi sila pertama “Ketuhanan Yang Maha Esa”, serta sila kedua “Kemanusiaan yang Adil dan Beradab” merupakan sumber atas nilai-nilai moral bagi kehidupan kebangsaan dan kenegaraan. Negara Indonesia yang berdasarkan sila pertama “Ketuhanan Yang Maha Esa” bukanlah negara “teokrasi” yang mendasarkan kekuasaan negara dan penyelenggaraan negara pada legitimasi religius. Kekuasaan kepala negara tidak bersifat mutlak berdasarkan legitimasi religius, melainkan berdasarkan legitimasi hukum serta legitimasi demokrasi. Oleh karena itu asas sila “Ketuhanan Yang Maha Esa” lebih berkaitan dengan legitimasi moral. Hal inilah yang membedakan negara yang Berketuhanan Yang Maha Esa dengan negara teokrasi. Metode penulisan dalam jurnal ini adalah metode kualitatif, dengan pendekatan interdisipliner. Walaupun dalam negara Indonesia tidak mendasarkan pada legitimasi religius, secara moralitas kehidupan negara harus sesuai dengan nilai-nilai yang berasal dari Tuhan, terutama hukum serta moral dalam kehidupan negara.</p><p><strong>Kata kunci: Etika Politik, Hukum, Pancasila</strong></p>

scholarly journals ETIKA HUKUM DALAM POLITIK KEBANGSAAN PERSPEKTIF ISLAM: MORALITAS POLITIK PANCASILAIS

2020 ◽  
Vol 18 (1) ◽  
pp. 70-89
Author(s):  
Abdul Hafid ◽  
Rustam Pikahulan ◽  
Hasanuddin Hasyim
Keyword(s):  
Qualitative Method ◽  
Human Life ◽  
Moral Values ◽  
Political Ethics ◽  
Philosophical Approach ◽  
State Administration ◽  
Interpretive Approach ◽  
Major Illness ◽  
Religious Morality ◽  
Political Realities

The legal and political realities that have developed in Indonesia to date, there is a phenomenon that makes us all worried and uneasy. major illness experienced by our nation and country today, namely corruption and terrorism. This phenomenon is more or less closely related to what is called moral degradation in the realm of politics. moral values ​​and norms (morality) which of course in this case, have to do with political phenomena in terms of nationality, state or power. The focus of research is the existence of ethics in this case concerning human actions or behavior in terms of moral values ​​and norms (morality), which are connected with one aspect of human life, namely politics. This study aims to provide a rather enlightened generation of the nation to avoid bad deeds and to obey the applicable rules, especially in the realm of politics and understand the existence of Indonesian-style national political ethics which are considered not at all contrary to the teachings of Islam. The research method used is a qualitative method. The approach used in this study is as follows: First, the philosophical approach to values, morals or actions. Second, the interpretive approach / interpretation. Third, the juridical approach to state administration. Based on the analysis outlined in the discussion, the researcher concludes that Pancasila is a logical transcendental requirement for the implementation of all legal procedures in Indonesia which is used as a guideline for making laws and regulations, which will then be used as an instrument to assess and regulate whether a behavior or act it can be said good or bad. Likewise, the existence of Islam as a product of Allah (Almighty God) is a system of religious morality that is used by Muslims as an instrument to assess or measure whether a behavior or deed can be said to be good or bad. If the two systems of morality are linked, then it turns out that between one another (substantially or in principle) there is no trace of contradiction.

scholarly journals Public administration as an object of administrative and legal regulation

2020 ◽  
Vol 3 (3) ◽  
pp. 65-72
Author(s):  
Yuriy Payda
Keyword(s):  
Public Administration ◽  
Legal Regulation ◽  
Central Executive ◽  
The State ◽  
Local State ◽  
Executive Power ◽  
The Public ◽  
Head Of State ◽  
Territorial Unit ◽  
State Administration

The concept and legal nature of public administration have been analyzed. The analysis of research works has allowed to state that the term "public administration" is considered in two aspects - structural and procedural (or functional) where public administration should be understood as executive bodies, local self-government bodies, as well as entities endowed by the state with public administration functions that perform public administration functions and whose purpose is to ensure the interests of the state and society as a whole, and their activities carried out within the law. The principles of administrative and legal regulation of public administration in Ukraine and the concepts, principles of administrative and legal regulation of public administration have been studied. The author has found out that the essential features of public administration are: public administration is subordinated to political power (i.e., parliament, head of state); public administration ensures the implementation and application of laws (i.e., implements the political decisions of parliament); public administration acts (should act) in the public interest; public administration is endowed with the prerogatives of public authority (that is, powers that allow mandatory instructions to be given to individuals). While the system of central executive bodies consists of the ministries of Ukraine and other central executive bodies the system of central executive bodies is a component of the system of executive bodies, the highest body of which is the Cabinet of Ministers of Ukraine. The local state administration is a local executive body and is part of the system of executive bodies. The local state administration, within the limits of its powers, exercises executive power on the territory of the respective administrative-territorial unit, as well as exercises the powers delegated to it by the relevant council.

scholarly journals The Togolese Chiefs: caught between the Scylla and Charibdis?

Afrika Focus ◽  
1991 ◽  
Vol 7 (2) ◽  
Author(s):  
Emile A. B. van Rouveroy Van Nieuwaal
Keyword(s):  
Party System ◽  
African State ◽  
The State ◽  
Political Elite ◽  
Head Of State ◽  
State Administration ◽  
Economic Transformations ◽  
Traditional Elite ◽  
The Moment ◽  
The One

In recent years, political and other scientists have wondered whether the African One Party system is able to cope with all the problems a modern state administration has to deal with. One of the most intriguing questions is to what extent the One Party Rule, as a political system, produces a structural and fundamental weakness in itself by which an effective (local) government is nearly been obstructed. It is noticeable, however, that in those African States where the (neo)traditional elite still plays an important role, their socio-legal and socio-political position in the day-to-day interaction between the (local) administration has - scientifically - received too little attention. It appears, that chieftaincy possesses a remarkable capacity for adapting itself to social and political changes. The chief can probably fulfil a crucial role in future efforts aimed at socio-economic transformations at regional and even national levels. The Togolese Government, in 1990 started opening the door to a multiparty system, it hereby recognizes the fact that the (neo)traditional elite is an outstanding means to maintain the interaction and the communication between the State and the people.This contribution focuses on the interaction between the State in Togo and - in this very example: the Head of the State himself - and chiefs in North Togo particulary in the district of Sokodé in the period 1989 and 1987 at the moment that the paramount chief of the Tern (Kotokoli) has passed away and his succession to the throne has been the start of a strong, long and vehement struggle for power inside the Tern society and to a negotiation between the Head of State and the traditional political elite of that society. KEY WORDS: African administration, African State, chieftaincy, Togo, One Party System 

scholarly journals Third Ukrainian Republic: between presidentialism and semipresidentialism

2020 ◽  
Vol 2020 (56) ◽  
pp. 36-84
Author(s):  
Михаил Савчин
Keyword(s):  
Human Rights ◽  
Interdisciplinary Approach ◽  
The State ◽  
Methodological Basis ◽  
Head Of State

The experience of the functioning of power in Ukraine since proclamation of the independence proves the tendency of a decrease in the concentration of power in the hands of the head of state. This tendency manifests itself behind the principle of the pendulum, starting with a hybrid of the elements of presidentialism and the hierarchy of the system of councils (soviet’s), ending with the system of premier-presidentialism. The article reveals the sources of Ukrainian statehood, the influence of the Russian factor on the state of the Ukrainian republic as a manifestation of postcolonialism and the fluctuations in the development of the Ukrainian republic from semi-presidentialism to parliamentarism. The methodological basis of the study is organic constitutionalism, based on institutions of limiting power and ensuring human rights, as well as an interdisciplinary approach.

scholarly journals PEMAKZULAN KEPALA NEGARA

2017 ◽  
Vol 15 (2) ◽  
pp. 127-150
Author(s):  
Abdul Rahman
Keyword(s):  
State Government ◽  
Political Stability ◽  
The State ◽  
Islamic State ◽  
Head Of State ◽  
State Administration ◽  
The Law ◽  
Heads Of State ◽  
Parliamentary Oversight

Abstract: Impeachment is often interpreted as impeachment, whereas both are academically different. Impeachment is to demand the accountability of the president/ head of state in the context of parliamentary oversight to the president, if the president violates the law. While impeachment means to be relegated or substituted to the state/ government from his post after going through the impeachment process. There are differences and similarities between impeachment concepts in the Indonesian constitution with the concept of Islamic state administration, only the concept offered by Islamic constitution is more universal. Al-Mawardi's thoughts can be used as a new offer to improve the impeachment concept in Indonesia's constitution, namely: (1) the reasons for the dismissal of the president when the president is made political puppet by his family or nearest people; and (2) the implementation or effectiveness of the law when it occurs the dismissal of heads of state from these two concepts provides different political stability. Of the two concepts of the Indonesian constitution provides good political stability with the tempo in the process of trial.

scholarly journals The Togolese Chiefs: Caught Between The Scylla and Charibdis?

Afrika Focus ◽  
1991 ◽  
Vol 7 (2) ◽  
pp. 121-152
Author(s):  
Emile A. B. van Rouveroy
Keyword(s):  
Party System ◽  
The State ◽  
Political Elite ◽  
The People ◽  
Head Of State ◽  
State Administration ◽  
Economic Transformations ◽  
Traditional Elite ◽  
The Moment ◽  
The One

In recent years, political and other scientists have wondered whether the African One Party system is able to cope with all the problems a modern state administration has to deal with. One of the most intriguing questions is to what extent the One Party Rule, as a political system, produces a structural and fundamental weakness in itself by which an effective (local) government is nearly been obstructed. It is noticeable, however, that in those African States where the (neo)traditional elite still plays an important role, their socio-legal and socio-political position in the day-to-day interaction between the (local) administration has - scientifically - received too little attention. It appears, that chieftaincy possesses a remarkable capacity for adapting itself to social and political changes. The chief can probably fulfil a crucial role in future efforts aimed at socio-economic transformations at regional and even national levels. The Togolese Government, in 1990 started opening the door to a multiparty system, it hereby recognizes the fact that the (neo )traditional elite is an outstanding means to maintain the interaction and the communication between the State and the people. This contribution focuses on the interaction between the State in Togo and - in this very example: the Head of the State himself- and chiefs in North Togo particulary in the district of Sokodé in the period 1989 and 1987 at the moment that the paramount chief of the Tern (Kotokoli) has passed away and his succession to the throne has been the start of a strong, long and vehement struggle for power inside the Têm society and to a negotiation between the Head of State and the traditional political elite of that society.

EFEKTIVITAS PELAKSANAAN PERATURAN PENCATATAN PERCERAIAN DI KANTOR URUSAN AGAMA

2020 ◽  
Vol 6 (1) ◽  
pp. 1-15
Author(s):  
Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar
Keyword(s):  
Islamic Law ◽  
The State ◽  
Judicial Process ◽  
Positive Law ◽  
State Administration ◽  
Shipping Costs ◽  
The Status ◽  
Happy Marriage ◽  
Religious Courts ◽  
Laws And Regulations

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.

Pengajian Al Quran sebagai Perekat Kebhinnekaan (Kajian Pola Komunikasi dalam Pengembangan Nilai-nilai Pancasila pada Masyarakat Multikultural melalui Pengajian Al Quran di Medan, Sumatera Utara)

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Tantry Widiyanarti
Keyword(s):  
Qualitative Method ◽  
The State ◽  
Communication Patterns ◽  
Communication Process ◽  
Communication Pattern ◽  
National Values ◽  
Communication Goals

As a multicultural country, Indonesia has the potential to experience horizontal conflict. The conflict is usually triggered by SARA issues. Bhinneka Tunggal Ika as the motto of the state becomes forgotten. Society is divided and fragmented, fellow nation children blasphemous and hostile. If this continues, it is not impossible that the state will experience the disintegration. But, there are many ways that can be done to avoid it. One of them is digging back the local wisdom of the nation. Recitation Quran, as one part of the Indonesian local wisdom can be a part in glueing the love of the homeland, the love of diversity and the love of harmony. Knitting diversity through recitation Quran is one way to prevent the disintegration of the nation. Therefore, recitation Quran should be communicated well and correctly should be communicated well and correctly so that acceptable to the community and the national values to be conveyed through recitation Quran can be implemented. Such a thing necessarily requires the proper way of communicating so that the communication process and communication goals can be achieved. The process of communication and how to communicate will shape its own communication pattern. The communication pattern that is able to convey the purpose of recitation Quran is interesting to be studied as seen in this research. The method of this research is using qualitative method through observation, interview and documentation. This method is believed to be able to dig deep data so that the research objectives can be achievedKeywords: Recitation Quran, local wisdom, communication patterns, pancasila, multicultural

‘Party in the street’: The partisan politics of space

2021 ◽  
pp. 239965442110338
Author(s):  
David Jenkins ◽  
Lipin Ram
Keyword(s):  
Public Sphere ◽  
Public Space ◽  
State Power ◽  
Public Spaces ◽  
The State ◽  
Political Community ◽  
Democratic Legitimacy ◽  
Partisan Politics ◽  
The Public ◽  
The Public Sphere

Public space is often understood as an important ‘node’ of the public sphere. Typically, theorists of public space argue that it is through the trust, civility and openness to others which citizens cultivate within a democracy’s public spaces, that they learn how to relate to one another as fellow members of a shared polity. However, such theorizing fails to articulate how these democratic comportments learned within public spaces relate to the public sphere’s purported role in holding state power to account. In this paper, we examine the ways in which what we call ‘partisan interventions’ into public space can correct for this gap. Using the example of the Communist Party of India (Marxist) (CPIM), we argue that the ways in which CPIM partisans actively cultivate sites of historical regional importance – such as in the village of Kayyur – should be understood as an aspect of the party’s more general concern to present itself to citizens as an agent both capable and worthy of wielding state power. Drawing on histories of supreme partisan contribution and sacrifice, the party influences the ideational background – in competition with other parties – against which it stakes its claims to democratic legitimacy. In contrast to those theorizations of public space that celebrate its separateness from the institutions of formal democratic politics and the state more broadly, the CPIM’s partisan interventions demonstrate how parties’ locations at the intersections of the state and civil society can connect the public sphere to its task of holding state power to account, thereby bringing the explicitly political questions of democratic legitimacy into the everyday spaces of a political community.

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