scholarly journals PRINSIP TEORI KEADILAN DALAM ASPEK PEMIDANAAN

Yuridika ◽  
2017 ◽  
Vol 32 (2) ◽  
pp. 260
Author(s):  
Kristina Sawen
Keyword(s):  
Social Order ◽  
Human Life ◽  
Economic Status ◽  
Social Institution ◽  
Human Beings ◽  
Legal Provisions ◽  
A Value ◽  
The People ◽  
Living Together ◽  
The Law

Justice will be fulfilled when the restraint on actions to benefit themselves by way of seizing what belongs to someone else is or reject what was supposed to be given to others.Justice will be fulfilled when self-restraint are applied to on actions that will only be self-benefiting for the said individuals by way of seizing someone else’s belongings or rejecting what is supposed to be given to others. Justice will be seen in the legal provisions governing and being framed in managing the human life even if that provision is still in the form of ideas that poured in through the legal provisions of the country. Justice can be seen in legal provisions that govern and frame the human’s life even if that provision is still in the form of ideas that are subscribed in the legal provisions of the country. The threat of sanctions contained in the law as one element of a crime, is also a manifestation of the value of the balance between the prohibition or the permissibility of things which will manifest themselves in a sanction when a violation of these provisions. The threat of a sanction that is contained in the law, as an element of crime, is also a form of manifestation of the accessibility of a certain value of balance between prohibition or permissibility which will be visible in the form of a sanction when a violation of these provisions occurs. As a value of balance between the ban and the threat of sanctions would also form the idea of the values of justice in law, which is expected to be obeyed by the people. The value of a balance between the prohibitions or threats will also form the values of justice in law, which is expected to be adhered to by by the people. So the sosial order and security of living together can be met.The importance of justice seen as essential virtues of that must be firmly held and at the same time the spirit of the basis of various institutions basic social a society .It means give it a chance in a fair manner and the same for all people to develop and enjoy of self-respect and dignity as human beings who is not measured with riches economical so that it should be understood that justice deep broader beyond the economic status of a person As such, the social order and security of living together can be met. The importance of justice is seen as the essence of virtues that has to be followed upon and should be the basis of motivation of various basic social institution of a society. This means that each individuals are given the same possibility in a fair manner to develop and enjoy their self-respect and dignity as human beings; not by measuring the economical strength or means; therefore it has to be understood that justice runs deeper than the economic status of a person.

scholarly journals Penerapan Athiti Krama Dalam Peningkatan Mutu Pendidikan Agama Hindu Pada Pasraman Dharma Bhakti Gianyar

2018 ◽  
Vol 4 (2) ◽  
pp. 163
Author(s):  
I Gusti Ayu Oka Silantari ◽  
I Ketut Mardika
Keyword(s):  
Human Nature ◽  
Learning Process ◽  
Social Order ◽  
Social Life ◽  
Human Life ◽  
Human Being ◽  
Human Beings ◽  
Advanced Society ◽  
The People ◽  
The World

<p><em>In human nature, apart from being individual beings as well as social beings who have their own culture. Culture arises in humans due to reason and thought in the human being itself. Humans will be able to live perfectly when they live together with other humans, in relation to other humans, certain norms or rules are needed. In the regulation, one of them was written about the procedure for honoring guests called Athiti Krama. Athiti Krama gives motivation in human life because through this human being can foster good relations between humans one with other human beings in harmony. The implementation of Athiti Krama can be found in societies everywhere in the world, both in the advanced society and the people who are still modest in their civilization.<br /> In social life, everyone should behave well so as to create happiness for themselves and the community, because in the teachings of Hinduism, Athiti Krama teachings are basically contained which can bring people to achieve harmony in social order in society. The basis of Athiti Krama's teachings is the ethics or morality that many of the Vedic scriptures have mentioned, one of which is Tri Kaya Parisudha. Considering the importance of Athiti Krama as a social guide in people's lives. So it should be known to be applied in the learning process in Pasraman Dharma Bhakti.</em><strong><em></em></strong></p>

نظام التوثيق وأثره في إدارة الأصول الوقفية في دولة الإمارات العربية المتحدة: نماذج من إمارة الشارقة (Documentation System and its Impact on Endowment Managements in United Arabic Emirates: The Study of Emirate of Sharjah)

2019 ◽  
Vol 16 (2) ◽  
pp. 166-193
Author(s):  
مها بنت منصور الصائغ
Keyword(s):  
Human Life ◽  
Documentation System ◽  
The People ◽  
Endowment Management ◽  
Long Time ◽  
History Of ◽  
The Law

شهد تاريخ الأمة الإسلامية حضارة ونهضة عالمية في جميع مجالات الحياة الإنسانية، ومما كان له كبير الأثر في ذلك هو الأوقاف التي بدأت مع سيد البشرية محمد صلى الله عليه وسلم واستمرت بتنوع وشمولية إلى عصرنا الحالي؛ ولكن ما تعرضت إليه الأوقاف من إهمال وإقصاء وضياع يرجع لأسباب عديدة من أهمها غياب التوثيق الوقفي. تقوم الدراسة على تتبع مفهوم الوقف والتوثيق، والوقف في الإمارات العربية المتحدة ول سيما في إمارة الشارقة. توصلت الدراسة إلى نتائج منها: أن الأوقاف قائمة منذ زمن بعيد، وأن رغبة الواقف بالوقف وإقدامه عليها لم ينقصها سوى وثيقة، وأنه لا وثائق لها ولا مستندات، كما أن العرض الموجز لنشأة دائرة الأوقاف بالشارقة وسعيها لإحياء سنة الوقف ونشر ثقافته نراه يتضح شيئاً فشيئاً من خلال تفعيل مواد القانون والبحث حول الأنسب والأصح لحماية الأوقاف، ولم يكن هذا الاهتمام بالوقف إلا انعكاساً لتوجه الواقفين وتماشياً لرؤية الحكام وامتثالاً لنهج خير الأنام ورغبة في تكافل الأرواح وحباً للسلام. الكلمات المفتاحيّة: الوقف، التوثيق، المقارنة، الشارقة. Abstract The history of Islamic nation has witnessed a global civilization and it has had a great impact in all areas of human life, including the endowments that began with the master of humankind; Muhammad S.A.W. and it was continuing in diversity and comprehensively until our epoch. However, there are some problems related to endowment management such as negligence, exclusion and loss that due to many reasons. Among the most important reasons is the absence of endowment documentations. Therefore, the study aims to discuss the concept of endowment and documentation, as well as the endowment in United Arabic Emirates, especially in the Emirate of Sharjah. The study concluded that the practice of endowment has been existed for a long time, yet there are in need of endowment documentations. This study also found that the information related to the establishment of institution of endowment in Sharjah and its role has   spread widely to the people through the enforcement of the law and the implementation of the research related to the practice of endowment in order to sustain them in a good way. This documentation system was only a reflection of what has  stated in Shariah laws regarding the practice of endowment among the donors, so that it will be in line with the approach of good intentions and love of peace. Keywords: Endowment, Documentation, Comparison, Sharjah.   

Can animals sing? On birdsong, music and meaning

2013 ◽  
Vol 52 (2) ◽  
pp. 272-286 ◽  
Author(s):  
Hektor KT Yan
Keyword(s):  
Human Life ◽  
Human Beings ◽  
A Value ◽  
Music And Meaning ◽  
To Come ◽  
Factual Issue ◽  
The Way

This article deals with conceptual questions regarding claims to the effect that humans and animals share artistic abilities such as the possession of music. Recent works focusing on animals, from such as Hollis Taylor and Dominique Lestel, are discussed. The attribution of artistic traits in human and animal contexts is examined by highlighting the importance of issues relating to categorization and evaluation in cross-species studies. An analogy between the denial of major attributes to animals and a form of racism is drawn in order to show how questions pertaining to meaning can impact on our understanding of animal abilities. One of the major theses presented is that the question of whether animals possess music cannot be answered by a methodology that is uninformed by the way concepts such as music or art function in the context of human life: the ascription of music to humans or non-humans is a value-laden act rather than a factual issue regarding how to represent an entity. In order to see how humans and animals share a life in common, it is necessary to come to the reflective realization that how human beings understand themselves can impact on their perception and experience of human and non-human animals.

scholarly journals A SEGMENT STUDY OF MORAL CRISIS ON SOCIAL MEDIA AND ONLINE USING THE ARTIFICIAL INTELLIGENCE APPLICATION: A WAKE-UP CALL

2021 ◽  
Vol 6 (22) ◽  
pp. 36-44
Author(s):  
Nor ‘Adha Ab Hamid ◽  
Azizah Mat Rashid ◽  
Mohd Farok Mat Nor
Keyword(s):  
Artificial Intelligence ◽  
Social Media ◽  
Criminal Behavior ◽  
Human Life ◽  
Personal Data ◽  
Human Beings ◽  
Legal Provisions ◽  
Qualitative Approaches ◽  
Moral Crisis ◽  
Use Of Social Media

The development of science and technology is always ahead and has no point and seems limitless. Although human beings are the agents who started this development but eventually faced with a bitter situation which can sacrifice human moral, right and interest of our future. Shariah criminal offenses nowadays can not only occur or be witnessed by a person in a meeting physically with the perpetrator. As a result of technological developments, such behavior can occur and can be witnessed in general by larger groups. Although the illegal treatment which is not in accordance with sharia law and the moral crisis issues happening surrounding us and is rampant on social media, no enforcement is done on perpetrators who use social media medium. According to sharia principles, something that is wrong should be prevented and it is the responsibility of all Muslim individuals. But what is happening today, some Shariah criminal behavior, especially in relation to ethics, can occur easily using facilities technology driven by technological ingenuity. If the application of existing legal provisions is limited and has obstacles for enforcement purposes, then the problem needs to be overcome due to development the law should be in line with current developments. The study aims to identify a segment and cases of the moral crisis on social media and online using the artificial intelligence (AI) application and to identify the needs for shariah prevention. This thesis uses qualitative approaches, adopts library-based research, and, by content analysis of documents, applies the literature review approach. The findings show that the use of social media and AI technology has had an impact on various issues such as moral crisis, security, misuse, an intrusion of personal data, and the construction of AI beyond human control. Thus, the involvement and cooperation of various parties are needed in regulating and addressing issues that arise as a result of the use of social media and AI technology in human life.

scholarly journals Morality and Ethics in Education and its Impact on the Society

IIUC Studies ◽  
2015 ◽  
Vol 9 ◽  
pp. 335-344
Author(s):  
Muhammad Aminul Hoque
Keyword(s):  
Human Life ◽  
Modern World ◽  
Human Beings ◽  
Research Article ◽  
The People ◽  
Eve Teasing ◽  
Islamic Values

The technology has been developing tremendously in the modern world with remarkable contribution in various sectors of human life, but it has failed to address the most important issues of morality and ethics. The lack of which has resulted the killing, eve teasing, degeneration and life of human beings has become cheaper than anything else. This is why, the need for a study on the importance of Islamic Values has become essential to arrest the degeneration and lawlessness in the society and make the people aware about their duties and responsibilities afresh. This research Article is highly expected to address this problem.IIUC Studies Vol.9 December 2012: 335-344

scholarly journals PROSES PENYELESAIAN SENGKETA PERDATA DI PENGADILAN NEGERI DALAM KAITANNYA DENGAN TRANSAKSI YANG MENGGUNAKAN INTERNET

2013 ◽  
Vol 8 (2) ◽  
Author(s):  
Sanyoto Sanyoto ◽  
Antonius Sidik Maryono ◽  
Rahadi Wasi Bintoro
Keyword(s):  
Human Life ◽  
Civil Conflict ◽  
Internet Technology ◽  
Face To Face ◽  
The People ◽  
Banking Activity ◽  
Private Rights ◽  
The Law ◽  
The Individual ◽  
The Relationship

The growth of technological Progress make the change of pattern in  the socialize human life, and it can conduct the economic activity in the local scale, regional and also global. In the individual assocciation by using internet technology will take the relation pattern between individual which it is unlike what that happened in the real world. By the existence of internet, contractual terms between subject of law and each other without meeting (face to face), even it is enabled for subject of law not to recognizing each other. During the people conducting activity in the illusory world, especially in the private law, like commerce, agreement and also banking activity, it is enabled to take a problems such as performed in the conventional private relationship. If the consumer internet in the private activity feel their private rights are impinged and they are wish to claim their rights, so there is civil conflict.  The relationship between the individual in the transaction using internet not yet arrange peculiarly in law and regulation. But judge have to find the law and also create the law if he confronted with a dispute in the transaction using internet. Kata kunci : hakim, hukum, internet, perdagangan elektronik, tanda tangan digital

Definition and content of the right to freedom of conscience

2021 ◽  
Vol 66 (05) ◽  
pp. 145-148
Author(s):  
Ниджат Рафаэль оглу Джафаров ◽  
Keyword(s):  
Human Rights ◽  
Human Behavior ◽  
The State ◽  
Human Beings ◽  
Freedom Of Conscience ◽  
Key Words Human ◽  
The People ◽  
The Law ◽  
The Right

It can be accepted that the classification of human rights, its division, types, and groups, is of particular importance. The syllogism for human rights can be taken as follows: law belongs to man; human beings are the highest beings on earth like living beings. Therefore, the regulation prevails. The right to freedom is conditional. Man is free. Consequently, human rights are dependent. Morality is the limit of the law. Morality is the limit and content of human actions. Therefore, the law is the limit of human activities. Morality is related to law. Law is the norm of human behavior. Thereby, human behavior and direction are related to morality. The people create the state. The state has the right. Therefore, the right of the state is the right of the people. The state is an institution made up of citizens. Citizens have the privilege. Such blessings as Dignity, honor, conscience, zeal, honor, etc., and values are a part of morality and spiritual life. Morality is united with law. Therefore, moral values are part of the law. Everyone has the right to freedom of thought and conscience. Space is about the law. Therefore, everyone has the right to opinion and conscience. Key words: human rights, freedom of conscience, conceptuality, citizenship

Confucianism on Political Legitimacy

2019 ◽  
pp. 32-51
Author(s):  
Tongdong Bai
Keyword(s):  
Human Life ◽  
Political Legitimacy ◽  
The State ◽  
Basic Fact ◽  
Human Beings ◽  
Basic Goods ◽  
The People ◽  
Xun Zi ◽  
The Masses ◽  
Political Decisions

This chapter discusses political legitimacy within the Confucian context. It attempts reconcile the early Confucians’ embrace of equality with their defense of hierarchy. The chapter also considers how to reconcile their idea that the legitimacy of the state lies in service to the people, with the idea that it is not the people alone who make the final political decisions. It shows that the lack of capacities of making sound political decisions by the masses cannot result from the failure of the state to secure basic goods, education, and other necessary conditions for people to make sound political decisions, and it has to be the result of a basic fact of human life. That is, in spite of all these governmental efforts that are demanded by them, and in spite of their beliefs that human beings are all potentially equal (Mencius and Xun Zi) or close to being equal (Confucius), early Confucians also took it as a fact of life that the majority of the people cannot actually obtain the capacity necessary to make sound political decisions and participate fully in politics.

scholarly journals Divinity, Noēsis, and Aristotelian Friendship

2020 ◽  
Vol 14 (1) ◽  
pp. 01-29
Author(s):  
John A. Houston
Keyword(s):  
Human Life ◽  
Second Order ◽  
Other Minds ◽  
Human Beings ◽  
Intellectual Activity ◽  
Human Community ◽  
Rational Nature ◽  
Living Together ◽  
The World ◽  
Virtuous Activity

Aristotle's NE X claim that the best human life is one devoted to contemplation (theoria) seems in tension with his emphasis elsewhere on our essentially political nature, and more specifically, his claim that friendship is necessary for our flourishing. For, if our good can be in principle realized apart from the human community, there seems little reason to suggest we 'need' friends, as he clearly does in NE VIII & IX. I argue that central to Aristotle's NE X discussion of contemplation is the claim that our chief good accords with whatever is 'most divine' in us, viz. our rational nature (NE 1177b2-18). Thus, the best human life involves the excellent exercise of our rational capacities. I distinguish two ways in which human beings flourish through exercising their rationality. The first is in the activity of theoria. The second, I argue, can be found in the virtuous activity of complete friendship (teleia philia). For Aristotle the truest form of friendship is an expression of rationality. It is characterized not merely by our living together, but conversing, and sharing one another's thoughts (NE 1170b12-14). Examining Aristotle's notion of a friend as 'another self (alios autos), I argue that through friendship human beings come to better know themselves and the world in which they live. Complete friendship involves a (uniquely human) second-order awareness of oneself in another, and through this awareness our understanding of ourselves and the world in which we live is enriched, confirmed, and enjoyed through the presence of other minds. Thus, the highest form of Aristotelian friendship is an intellectual activity through which we attain an analogue of the divine contemplation of the unmoved mover, thereby living with respect to what is most divine in us, but doing so in accordance with our uniquely rational-political nature.

Law in Doctrine and Life According to Martin Luther

2017 ◽  
Author(s):  
Risto Saarinen ◽  
Derek R. Nelson
Keyword(s):  
Interpersonal Relationships ◽  
Human Life ◽  
Golden Rule ◽  
Human Beings ◽  
Christian Life ◽  
God's Will ◽  
Rabbinic Judaism ◽  
Unity In Diversity ◽  
The Law ◽  
The One

The law both is and functions in Martin Luther’s theology. To the extent that it simply is, the law is wholly good, just, and pure. It reveals God’s benevolent providence for creation by instantiating structures of human relationships, natural processes, and social arrangements within which human life and all of creation can flourish. Luther regards the essential character of the law in a way reminiscent of the haggadah tradition of Rabbinic Judaism, where the law is a narrative which reveals features of the lawgiver. Under the conditions of sin, however, the law can be experienced as wrath by humans who cannot fulfill what it requires, and who suffer as a result of their own transgression of the Word of God or as a result of the transgressions of others. It functions thus as a curb against wickedness and as a means of exposing sin to be sin. Its continued presence in the life of the believer is necessary, as Luther clarified in his various debates with Johann Agricola and the so-called “Antinomians.” When the law is understood only in its antinomy with the gospel, the life-affirming elements of the law are occluded, even as the gospel’s life-redeeming elements are thereby rendered clear. While numerous fine distinctions can be found in Luther’s theology of the law, it maintains a basic unity-in-diversity. God wills singly in dealing with human beings as his creatures. Therefore “civil law,” the Decalogue, and other manifestations of the law are facets of the one will of God for the flourishing of creation. Recent Pauline scholarship has criticized Luther for eisegesis on Paul’s view of the law; Luther needed to see his contemporary Roman partisans as Paul’s legalistic Jewish opponents, they say, and so he read Romans as a critique of 16th-century “works righteousness.” This view ignores the fact that Luther (and Augustine) viewed the post-conversion Paul as “continent” in doing the works of the law, neither weak-willed nor perfectly virtuous. Law is necessary for doctrine, but it is also important for the “Christian life” because it helps the believer to understand the reciprocity that underlies interpersonal relationships, seen especially in the “golden rule” that functions as the epitome of the Christian life. The radical receptivity (i.e., passivity) that characterizes the life of faith in believers enables the experience of God’s will, understood as law or command, in a constructive and beneficial way. While Christian life should employ a “faith approach” rather than a “law approach,” genuine faith in God does, in fact, reveal the true meaning of the law. This might be called the “second use of the gospel” in that God’s command (Gebot), viewed in light of the gospel, becomes a source of guidance for the Christian life, the ten commandments, the double love command, and the Sermon on the Mount chief among them.

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