scholarly journals Ketiadaan Otoritas Terpusat dalam Fenomena Kontemporer di Indonesia

2019 ◽  
Vol 2 (2) ◽  
pp. 197-215
Author(s):  
Effendi Chairi
Keyword(s):  
Negative Influence ◽  
Legal Authority ◽  
Sociological Approach ◽  
Actual Fact ◽  
Divine Will ◽  
The Will

This article presents an analysis result on contemporary phenomenon inIndonesia by sociological approach. This states that Ulama or kiai whowere formerly the only religious authorities fused religious purity inpolitical interest. This gives negative influence for religious authorityitself. Substantive divine will is forced to submit to the will of individualor certain group. So Islam which is previously inclusive and moderatmelts to exclusive and discriminative acts. The distance betweenreligious goals to rahmatan lil-’alamin and individual political interesthas been eroded (hyper-reality). Therefore, society has not trusted to thetraditional authority and rational-legal authority. In actual fact,authority construction of Weber is nothing.

scholarly journals Kedudukan dan Kewenangan Balai Harta Peninggalan dalam Pengelolaan Harta Peninggalan Tak Terurus

2015 ◽  
Vol 10 (1) ◽  
Author(s):  
Imaniar Putri Novianti
Keyword(s):  
Research Study ◽  
Civil Code ◽  
District Court ◽  
Legal Authority ◽  
Sociological Approach ◽  
Descriptive Research ◽  
The Status ◽  
Legal Position ◽  
The Will ◽  
Lease Agreement

Berdasarkan Pasal 1127 KUHPerdata Balai Harta Peninggalan ditugaskan menjalankan pengurusan atas setiap warisan yang tak terurus selama 30 tahun/ lebih, setelah melakukan pengelolaan sesuai batas waktu yang ditentukan dimohonkan kepada Pengadilan Negeri setempat agar harta peninggalan tak terurus tersebut ditetapkan menjadi milik negara, sehingga pengurusan harta peninggalan tak terurus yang dilakukan Balai Harta Peninggalan Semarang selesai. Dalam pelaksanaanya terdapat harta peninggalan tak terurus yang telah ditetapkan milik negara dan sampai sekarang masih dikelola oleh Balai Harta Peninggalan Semarang. Penelitian ini bertujuan untuk mengetahui dan menganalisis kedudukan dan kewenangan Balai Harta Peninggalan Semarang dalam pengelolaan harta peninggalan tak terurus serta tanggung jawab Balai Harta Peninggalan Semarang dalam pengelolaan harta peninggalan tak terurus setelah ditetapkan menjadi milik negara. Penelitian ini menggunakan jenis penelitian deskriptif analisis dengan pendekatan penelitian yuridis sosiologis. Hasil penelitian menunjukkan bahwa kedudukan dan kewenangan hukum Balai Harta Peninggalan sesuai dengan tugas pokok Balai Harta Peninggalan dan kewenangan hukum didasarkan Pasal 1127 KUHPerdata berupa penjualan dan/atau perjanjian sewa menyewa. Ditinjau dari teori kontrak, perjanjian tersebut termasuk dalam teori kehendak. Kesepakatan dalam perjanjian tersebut terjadi apabila adanya kehendak antara pihak penyewa harta peninggalan dengan Balai Harta Peninggalan Semarang untuk melakukan perjanjian yang kemudian dinyatakan ke dalam perjanjian sewa menyewa. Adapun tanggung jawab pengelolaan harta peninggalan tak terurus setelah ditetapkan menjadi milik negara tetap sama sebelum ditetapkan menjadi milik negara karena belum ada aturan  yang mengaturnya sehingga masih berpedoman pada ketentuan Pasal 1127 KUHPerdata. Diperlukan peraturan mengenai tanggung jawab Balai Harta Peninggalan dalam pengelolaan harta peninggalan tak terurus setelah ditetapkan milik negara agar mendapat kepastian hukum.<br /><br />Pursuant to Article 1127 of the Civil Code Heritage Hall assigned execute the maintenance on each legacy neglected for 30 years / over, after making appropriate management of the prescribed time limit applied to the local district court neglected treasures that are set into state property, so that the maintenance of legacy slipshod carried Heritage Hall Semarang completed. In the implementation are neglected treasures that have been established state-owned and is still run by the Center for Heritage Semarang. This study aims to identify and analyze the status and authority of Heritage Hall Semarang in slipshod management of legacy and responsibility Semarang Heritage Hall in the management of neglected treasures after being set into state property. This research use descriptive research study analyzes the juridical sociological approach. The results showed that the legal position and authority Hall Heritage accordance with the basic tasks Heritage Hall and legal authority is based Section 1127 of the Civil Code in the form of the sale and / or lease agreement. Judging from the theory of the contract, the agreement is included in the theory of the will. The agreement in the agreement occurred when their wills between the tenant treasures Heritage Hall Semarang to perform the agreement later declared into the lease agreement. The responsibility for the management of legacy set to be abandoned after state remains the same before set into state property because there are no rules that govern it so it is still guided by the provisions of Article 1127 of the Civil Code. Necessary regulations on the responsibility of Heritage Hall in the management of legacy unkempt after the specified state in order to get legal certainty.

Davenant on the Will of God and the Divine Decrees

2021 ◽  
pp. 147-160
Author(s):  
Michael J. Lynch
Keyword(s):  
Early Modern ◽  
Extended Treatment ◽  
God's Will ◽  
Making Sense ◽  
Divine Will ◽  
God's Love ◽  
The Will ◽  
The Difference ◽  
Will Of God

This chapter discusses another important doctrine relative to John Davenant’s hypothetical universalism: the divine will. Observing that the doctrine of God’s will in early modern scholastic theology, including among Reformed theologians, involved a plethora of scholastic distinctions, the chapter shows that Davenant’s theology of the divine will was heavily influenced by these distinctions, which were themselves ways of making sense of apparent contradictory claims in Scripture. Davenant’s employment of these medieval distinctions, such as between God’s love of simple complacency and his absolute will, are given extended treatment. This chapter also gives attention to the difference between a divine conditional and an absolute will. Finally, tying all these distinctions together, this chapter explains how Davenant employs them to buttress his hypothetical universalism.

Peter Lombard’s on God’s Will: Sententiae, Book I, Distinctions 45-46

2018 ◽  
pp. 136-152
Author(s):  
R. Tkachenko
Keyword(s):  
Free Will ◽  
God's Will ◽  
Doctrine Of God ◽  
Divine Will ◽  
The Will ◽  
Biblical Texts ◽  
The Given ◽  
The Relationship ◽  
Theology Proper

The global Peter Lombard research continues, but the Master of the Sentences’ theology proper is still to be analyzed in detail. In particular, a more thorough exposition of the distinctions 45-48 of his Book of Sentences, which deal with the notion of God’s will and its relation to the human free will, has for some while remained a desideratum. The given article partly fills this lacuna and elucidates on the doctrine of the divine will as presented by the Lombard. In particular, it is shown that for him there exist two ways of speaking about God’s will: «simply and absolutely» and «not simply and absolutely» which may be identified with intransitive and transitive use of the verb «to will,» respectively. The will is primarily understood in terms of execution of one’s will (active willing) but its relation to one’s desires and inclinations (wanting) are downplayed or altogether omitted from the Lombardian doctrine of God. The divine will is by definition free and efficient but Lombard highlights that there is place for human free will, too. His explanation of the relationship between the divine and the human wills seems somewhat unconvincing but the unfolding of his theory on the basis of a few biblical texts should be acknowledged a peculiar theological exercise.

Scotus and Ockham

2020 ◽  
pp. 101-108
Author(s):  
Terence Irwin
Keyword(s):  
Free Will ◽  
Practical Reason ◽  
Moral Rightness ◽  
Divine Will ◽  
The Will ◽  
Divine Commands ◽  
The Right

Scotus and Ockham reject the Aristotelian outlook, as Aquinas presents it, and develop a voluntarist account of the will and of morality. In their view, determination by practical reason does not ensure free will; a free will must be wholly undetermined by reason. Nor can it be determined by the desire for one’s ultimate good; the impulse towards the right is separate from the impulse towards happiness. If we apply these principles to the freedom of the divine will, we find that God could not be free if the nature of right and wrong were independent of the divine will. We must infer that moral rightness and wrongness are ultimately constituted by divine commands.

scholarly journals Notary Role in Issuing Bonding Guarantee of Bilyets Deposits as Collateral Credit on Loan Agreement Process (Case Study in Kanca BRI Blora)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 981 ◽  
Author(s):  
Yongky Pratama ◽  
Achmad Sulchan
Keyword(s):  
Research Results ◽  
Sociological Approach ◽  
Detailed Explanation ◽  
Credit Guarantees ◽  
Analytical Research ◽  
The Will

The purpose of this study was to: 1) Determine the implementation of binding guarantee term deposit certificate as collateral credit on the loan agreement. 2) The role of the notary in binding guarantee term deposit certificate as collateral on the loan agreement. 3) Analyze the challenges and solutions for binding guarantee term deposit certificate as collateral credit on the loan agreement (case study in Kanca BRI Blora). The method is a juridical sociological approach to the specification of descriptive analytical research. Sources of data obtained through interviews and literature.Based on the research results implementation binding guarantee slip deposits as collateral on the loan agreement in BRI Blora starting from the stage of the loan application, the stage of the agreement and the making of the loan agreement, the stage of a deed binding guarantee deposit slip, the submission phase objects assurance, the stage of the authorization, and blocking stage or in the event of default. In binding guarantee term deposit certificate as collateral on the loan agreement in Kanca BRI Blora, Notary make a letter of agreement and binding guarantee deposit slips. Barriers just a lack of understanding about people who do the will of credit, so the solution the Bank must give a detailed explanation before binding treaty process.Keywords : Collateral Credit; Guarantees Binding; Temporary Bilyet Deposits.

Roman Republican Augury

2018 ◽  
Author(s):  
Lindsay G. Driediger-Murphy
Keyword(s):  
Cultural History ◽  
Theory And Practice ◽  
Human Beings ◽  
Roman Religion ◽  
Empirical Results ◽  
Divine Will ◽  
The Will ◽  
Political Structures

This book proposes a new way of understanding augury, a form of Roman state divination designed to consult the god Jupiter. Previous scholarly studies of augury have tended to focus either upon its legal-constitutional aspects or upon its role in maintaining and perpetuating Roman social and political structures. This book contributes to the study of Roman religion, theology, politics, and cultural history by focusing upon what augury can tell us about how Romans understood their relationship with their gods. The current scholarly consensus holds that augury, like other forms of Roman public divination, told Romans what they wanted to hear. Modern scholars speak of augury as a way of gaining control over the gods, of priests and magistrates as ‘creating’ the divine will regardless of the empirical results of augural rituals, and of Jupiter as being ‘bound’ to actualize whatever signs human beings chose to report. This book challenges this consensus, arguing that augury in both theory and practice left space for perceived expressions of divine will which contradicted human wishes. When human and divine will clashed, it was the will of Jupiter, not that of the man consulting him, which was supposed to prevail. In theory as in practice, it was the Romans, not their supreme god, who were ‘bound’ by the auguries and auspices.

Francis Turretin and Jonathan Edwards on Compatibilism

2018 ◽  
Vol 12 (4) ◽  
pp. 335-355
Author(s):  
Paul Helm
Keyword(s):  
Early Modern ◽  
Human Nature ◽  
Jonathan Edwards ◽  
Recent Book ◽  
Human Choice ◽  
Divine Will ◽  
Freedom Of The Will ◽  
The Will

AbstractThe aim of this article is to show that the claim of Richard Muller in his recent book Divine Will and Human Choice: Freedom, Contingency, and Necessity in Early Modern Reformed Thought, that the Reformed Orthodox were not compatibilists in their view of freedom but held to the indeterminate freedom of the will, is false. The argument takes the reader through Turretin’s claim in his Institutes that freedom does not consist in indifference but in rational spontaneity. It assesses Muller’s argument that indeterminate freedom incorporates choices between two or more contraries and of none by showing that Edwards respected the same distinctions, and that Turretin and Edwards were agreed that God, the human nature of Christ, and the redeemed in heaven did not act from indifference. The article ends with remarks on Muller’s interpretation of Turretin’s position, that it involves ‘multiple potencies,’ arguing that this proposal meets serious difficulties.

scholarly journals Obedience as a Religious Virtue

2017 ◽  
Vol 36 (1) ◽  
pp. 164-179
Author(s):  
Rudi te Velde
Keyword(s):  
Natural Law ◽  
Human Person ◽  
The Other ◽  
Moral Virtues ◽  
God's Will ◽  
Divine Will ◽  
The Will ◽  
Love Of God ◽  
Theological Virtue ◽  
Made In

Summary This essay explores Thomas’ thoughts about the virtue of obedience (based on STh II-II, q.104), which is particularly valued as a link between the moral virtues and the theological virtue of charity (love of God). Obedience generates in the human person the moral disposition required for all the other virtues, a disposition which consists in the readiness of the will to submit itself to the rule of God’s will. Reflecting on the question whether one should be obedient to God in every respect, Thomas is confronted with an objection pointing to the story of how God commands Abraham to kill his innocent son, which is prohibited by natural law. I use the scarce but intriguing remarks Thomas made in response to this objection to propose a meaningful interpretation of obedience as a religious virtue, essentially different from its distorted imitation which consists in an immediate identification of one’s own will with the presumed divine will.

God and the Moral Law

1936 ◽  
Vol 29 (3) ◽  
pp. 153-170
Author(s):  
James Bissett Pratt
Keyword(s):  
Annual Conference ◽  
Moral Law ◽  
Religious Thought ◽  
Satisfactory Solution ◽  
Collective Wisdom ◽  
Divine Will ◽  
The Will ◽  
The Subject ◽  
God And Morality ◽  
Will Of God

The subject for our annual conference this year — Ethics and Theology — forces us to face one of the most difficult problems of religious thought, — the relation between God and morality. To this problem several solutions — all quite familiar — have been proposed and it will not be the purpose of my paper to suggest a new one of my own. In fact, as the sequel will show, I am very uncertain whether any completely satisfactory solution to the problem be possible. My aim is the much less ambitious one of placing the matter, with some of its difficulties, before the Society for discussion, in the hope that your collective wisdom may be able to throw more light upon this dark theme than the Society's benighted president for this year — who is no theologian — is able to contribute.One of the simplest and most popular modes of conceiving the relation between God and the laws of morality is to equate righteousness with obedience to the divine will. God is good, we are told, and our goodness is to be defined as conformity to the will of God. One relatively superficial and pragmatic difficulty in accepting this view consists in the obvious fact that it is by no means easy to know with certainty what the will of God may be. Different philosophers, different prophets, different religions give us different and sometimes quite contradictory answers to this question.

scholarly journals God’s Will as the Foundation of Morality: A Medieval Historical Perspective

Religions ◽  
2021 ◽  
Vol 12 (5) ◽  
pp. 362
Author(s):  
Janine Idziak
Keyword(s):  
Fourteenth Century ◽  
Historical Perspective ◽  
Strong Sense ◽  
Philosophical Theology ◽  
God's Will ◽  
Ethical Status ◽  
Historical Literature ◽  
Divine Will ◽  
The Will ◽  
Theological Voluntarism

Theological voluntarism places the foundation of morality in the will of God. The formulation of such a thesis warrants further refinement. Different formulations of theological voluntarism were put forward in medieval philosophical theology involving the relation of God’s will to the divine intellect (reason) in determining ethical status. The fourteenth century Franciscan Andrew of Neufchateau maintained a purely voluntaristic theory in which it is God’s will alone (and not the divine intellect) that determines ethical status. Subsequently Pierre d’Ailly worked with a divine will which is identical with the divine intellect in a strong sense while still maintaining that it is properly assigned to the divine will to be an obligatory law. Later, Jean Gerson, a student of Pierre d’Ailly, spoke explicitly of God’s will and reason together as involved in God’s activity in the ethical realm. In this paper, we set out these three different formulations of theological voluntarism, tracing the evolution of medieval formulations of theological voluntarism. Although the paper is historical in nature, we conclude with some reflections on how contemporary philosophers and theologians interested in theological voluntarism might profit from study of this historical literature.

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