scholarly journals TUNTUTAN HAK DALAM PERSIDANGAN PERKARA PERDATA

2010 ◽  
Vol 10 (2) ◽  
Author(s):  
Rahadi Wasi Bintoro
Keyword(s):  
Civil Rights ◽  
Class Action ◽  
Private Law ◽  
Government Organization ◽  
Legal Standing ◽  
Collision Effect ◽  
The People ◽  
The Difference ◽  
Group Member ◽  
Class Representative

Procedure of private law in Indonesia have experiencing of some growths, for the example is the mechanism of suing which it's not arranged in Het Herzeine Indonesich Reglement, such as class action, legal standing, citizen lawsuit or actio popularis. This article is study to the difference characteristic of suing in procedure of private law in Indonesia. Pursuant to analysis result, the mechanism of ordinary suing is the mechanism suing by the plaintiff to the sued as effect of contempt of court or break a promise which it have generated loss to plaintiff. Class action is the mechanism of suing by numerous plaintiff which it raised by class representative, that representing his own and his group member, with demand in the form of indemnation. Suing of non government organization (NGO) or legal standing is the mechanism of proffering suing by NGO as collision effect or existence of contempt of court which done by the people which arranged in statues. Citizen lawsuit or actio popularis is a suing that raised by citizen to state, as effect of existence of contempt of court, in the form of neglected the civil rights. Its purpose is formed the law order immediately.Keyword: suing, private dispute, plaintiff, sued

From Black Power to Class Action

2017 ◽  
Author(s):  
David Goldberg
Keyword(s):  
Civil Rights ◽  
Black Power ◽  
Employment Discrimination ◽  
Class Action ◽  
Community Control ◽  
Fire Departments ◽  
Institutionalized Racism ◽  
Black Representation ◽  
The People ◽  
Urban Fire

This chapter focuses on the influence that the Black Power movement and rise of employment discrimination litigation had on the Vulcan Society and Black firefighters across the country. The dialectical relationships between the civil rights and Black Power movements and the Vulcan Society’s old and new guard eventually transformed the organization and its objectives and helped facilitate the IABPFF, a national Black caucus group formed to combat discrimination and increase Black representation in — and community control of — urban fire departments. Both the IABPFF and the Vulcan Society embraced “separatism without separation,” and used their “outsider status within a white-dominated institution,” as well as shifts in employment discrimination case law, to “reveal the inner workings of institutional racism” within the FDNY and urban fire departments more generally. This shift was instrumental in the fight to establish legal remedies to address institutionalized racism and its impact on the racial composition of urban fire departments and became the primary method used by the Vulcan Society and the IABPFF and its local affiliates to make fire departments more representative of and responsive to the people and communities they served

ЕКАТЕРИНА ВЕЛИКАЯ И ДИАЛЕКТИКА ПРОСВЕЩЕННОЙ МОНАРХИИ

2020 ◽  
Vol 15 (1) ◽  
pp. 39
Author(s):  
С. И. Дудник ◽  
И. Д. Осипов
Keyword(s):  
Cultural Policy ◽  
Separation Of Powers ◽  
Point Of View ◽  
Human Sciences ◽  
The Rule Of Law ◽  
Political Ideas ◽  
The People ◽  
Specific Interpretation ◽  
The Difference ◽  
Conservative Values

The article discusses the problems of evolution and the formation of the ideology of an enlightened monarchy in Russia. In this regard, the philosophical and political ideas of Catherine the Great, as well as their theoretical and ideological premises, are analyzed. It is noted that the philosophy of education in Russia was closely connected with the concepts of Voltaire, Didro, Montesquieu, Beccaria, Bentham, their views on natural law and human freedom, humanism and the rule of law. These concepts in the philosophy of Catherine received a specific interpretation, due to the sociocultural conditions of Russia. This was manifested in the famous work of Catherine the Great “The Nakaz”, which recognized Montesquieu's argument in favor of the autocracy, but at the same time, his point of view on the separation of powers was rejected. The specificity of the doctrine of enlightened monarchy lies in the combination of liberal and conservative values, which form eclectic forms. This was the dialectic of the supreme power, the difference between the enlightened monarchy and the ideology of absolutism. The article also notes that education in Russia is associated with fundamental socio-political reforms, processes of secularization of culture. At this time, the natural and human sciences are developing. The changes positively influenced the development of medicine, beautification of towns and public education. Also considered are the views on the autocracy of the opposition nobility intelligentsia: A. N. Radishchev and noted that his criticism of the autocracy was determined by an alternative cultural policy, proceeding from the protection of the interests of the people. The doctrine of enlightened monarchy is characterized by internal worldview inconsistency and political inconsistency, which did not allow solving the pressing social problems of the establishment of legal state, democratization of society and the abolition of serfdom.

From Property Rights to Liberty Rights: We the Corporations, A Review Essay

2021 ◽  
Vol 95 (2) ◽  
pp. 335-340
Author(s):  
Laura Phillips Sawyer
Keyword(s):  
Civil Rights ◽  
Civil Liberties ◽  
Political Process ◽  
Constitutional Rights ◽  
Bill Of Rights ◽  
State Action ◽  
Unequal Treatment ◽  
The People ◽  
The Right ◽  
We The People

A long-standing, and deeply controversial, question in constitutional law is whether or not the Constitution's protections for “persons” and “people” extend to corporations. Law professor Adam Winkler's We the Corporations chronicles the most important legal battles launched by corporations to “win their constitutional rights,” by which he means both civil rights against discriminatory state action and civil liberties enshrined in the Bill of Rights and the Constitution (p. xvii). Today, we think of the former as the right to be free from unequal treatment, often protected by statutory laws, and the latter as liberties that affect the ability to live one's life fully, such as the freedom of religion, speech, or association. The vim in Winkler's argument is that the court blurred this distinction when it applied liberty rights to nonprofit corporations and then, through a series of twentieth-century rulings, corporations were able to advance greater claims to liberty rights. Ultimately, those liberty rights have been employed to strike down significant bipartisan regulations, such as campaign finance laws, which were intended to advance democratic participation in the political process. At its core, this book asks, to what extent do “we the people” rule corporations and to what extent do they rule us?

A "ingovernabilidade" do Rio de Janeiro: algumas páginas sobre conceitos, fatos e preconceitos

1997 ◽  
Vol 20 ◽  
pp. 39-53
Author(s):  
Marcelo Lopes de Souza
Keyword(s):  
Rio De Janeiro ◽  
Status Quo ◽  
Strict Sense ◽  
Political Status ◽  
The People ◽  
The Social ◽  
The Difference

Governability is quite ofien used as an "umbrella concept", under which both the capacity of governance (manner in which power is exercised in the management of a territory) and the governability in the strict sense of the word (acceptation of the social and political status quo by the people) are subsumed. The first part of this article underlies the difference between these two concepts The second part examines facts in relation to governance and governability problems in Rio de Janeiro, and discusses some ideologically generated current exaggerations about the governability crisis in this metropolis, as suggested by the experience of the 1980s and 1990s.

Lunacy in Norway, 1891

1892 ◽  
Vol 38 (160) ◽  
pp. 41-44
Author(s):  
William Habgood
Keyword(s):  
Poor Country ◽  
Small Population ◽  
Crowded Condition ◽  
General Paralysis ◽  
Extreme Poverty ◽  
Large Cities ◽  
City Life ◽  
The People ◽  
High Tension ◽  
The Difference

The population of Norway in 1875 consisted of 891,000 males and 930,000 females. (The details of the last census, 1890, showing a population of two millions, have not yet been published). Of these were insane 2,186 males and 2,382 females, giving a ratio of 23 insane (20·4 males, 25·6 females) to every 10,000 of the population. The total number of admissions into asylums for the year 1889 was 756, a ratio of 4·15 per 10,000. These figures compare favourably with those given in the report of the Commissioners in Lunacy for England for the same year, viz, 29·2 insane (27·2 males, 31·2 females) to every 10,000 population, and a ratio of 5·18 per 10,000 on the admissions. Although Norway is a poor country, such extreme poverty and distress as is found in our large cities does not exist there, and this, probably, accounts for the considerably smaller ratio of insane to population. Of the 756 total admissions 32 per cent, were suffering from melancholia, 27 per cent, from mania, 24 per cent, from dementia, and from general paralysis and epilepsy, equally, 1·9 per cent. The marked preponderance of melancholia over mania is interesting, the opposite conditions obtaining in this country, where mania shows an excess of 24 per cent. The distribution of a small population over a large tract of country, the mountainous character of that country, the monotony of life, the lack of amusement, the phlegmatic character of the race, in contrast to the crowded condition of the people, the high tension of living, and the excitement of city life which prevails in this country probably explain the difference. The small number (1·9 per cent, of the admissions,—being 6·4 per cent, less than in England) of those suffering from general paralysis might be explained in the same manner.

scholarly journals A Sociolinguistic Study of Choosing Names for Newborn Children in Jordan

2016 ◽  
Vol 6 (1) ◽  
pp. 177 ◽  
Author(s):  
Abeer Harb Al-Qawasmi ◽  
Fawwaz Al-Abed Al-Haq
Keyword(s):  
Random Sample ◽  
Social Values ◽  
Male And Female ◽  
Personal Names ◽  
The People ◽  
Time Period ◽  
Civil Status ◽  
The Difference ◽  
Different Cultures ◽  
Clear Change

<p>This study aims at the study of newborn names in Jordan of a sociolinguistic perspective. This study tries to detect the difference in naming newborns in Jordan over the decades - from the seventies to 2015 due to the result of some factors that may have affected the Jordanian society, whether historical, religious and/or social. The data necessary to complete the study was obtained from the Civil Status Department and the Department of Statistics. The data obtained consisted of names of both sexes during the time period from the seventies until the early year of 2015, a random sample of personal names within the same family were also provided. The data was analyzed quantitatively. The study revealed that there is a clear change in the choice of newborn names-male and female-in Jordan, whether a change in sounds or in morphemes. In specific, names during the seventies were strongly linked to the culture and the values, religious or social, in which the people believed in. During the eighties and nineties, names were associated with certain social values, however, some names were shown to be affected by urbanization or modernization. And with the beginning of 2000 up to 2015, peoples directions towards naming newborns changed due to the advent of globalization, associating with development and urbanization, and moreover, the influence of different cultures on the community.</p>

scholarly journals PENGELOLAAN SAMPAH BERBASIS MASYARAKAT DI DESA PAKRAMAN PADANGTEGAL KECAMATAN UBUD KABUPATEN GIANYAR

2019 ◽  
Vol 13 (2) ◽  
pp. 205
Author(s):  
I Putu Juniartha ◽  
Made Antara ◽  
I Made Sudarma
Keyword(s):  
Waste Management ◽  
Public Perception ◽  
Tourism Industry ◽  
Management Process ◽  
Glass Waste ◽  
The People ◽  
The Difference ◽  
The Government ◽  
Inorganic Waste ◽  
Definition Of

The results of this study indicate: (1) Characteristics of waste in Pakraman Padangtegal Village consisted of 83.88% organic waste, 7.24% plastic waste, 4.42% paper waste, 2.22% bottle waste, glass waste at 1.28% and metal waste at 0.96%; (2) public perception in waste management in Pakraman Village, Padangtegal that most of the people in Pakraman Village, Padangtegal, already know about the definition of waste and the danger of waste if it is not managed properly. Besides that the community also knows the difference between organic and inorganic waste so that the process of sorting waste in the place provided can run well, and the community's perception of waste management services has gone well with the transportation of waste twice a day; (3) the participation of the Pakraman Padangtegal Village community in waste management has played a role in various stages of waste management, starting from the sorting, garbage collection and garbage disposal, which complies with waste regulations and maintains the quality of the environment in Padangtegal Pakraman Village. The participation of the tourism industry in the process of waste management in Pakraman Village, Padangtegal, can be seen as being involved in the process of sorting waste and paying monthly fees and waste fees. The community participation in the waste management process is to help the government to socialize the waste management process by carrying out waste collection activities every week and provide a place for the waste management process. Suggestions in this study are that waste managers will immediately add facilities and infrastructure for waste transportation and accelerate the expansion of waste management in the village of Pakraman Padangtegal.   Keywords: Waste Management System, Pakraman Village

A New Understanding of Racial Subordination

2017 ◽  
Author(s):  
Roy L. Brooks
Keyword(s):  
Social Policy ◽  
Civil Rights ◽  
Glass Ceiling ◽  
Racial Inequality ◽  
External Source ◽  
The Difference ◽  
Post Civil Rights ◽  
Race Problem

This chapter introduces three main themes presented in the book. First, racism is not coterminous with racial inequality. The term “racial subordination” is used in a new and more useful way to refer to a non-nefarious external source of racial inequality. This discussion revolves around an illustration that clearly demonstrates the difference between racism and racial subordination. Second, though motivated by a non-nefarious reason, racial subordination is not racial innocence. Allowing racial subordination to persist effectively creates a racial glass ceiling. For that reason, it is bad social policy. Third, even well-to-do blacks are vulnerable to racial subordination. This means that the race problem is not simply a socioeconomic problem requiring a socioeconomic solution. The race problem in post-civil rights America is, in fact, not one but three interrelated problems (a three-headed hydra)—socioeconomic, socio-legal, and socio-cultural with the latter two manifested mainly as racial subordination. This book focuses on the subordination side of the race problem.

scholarly journals Hak Mengajukan Gugatan dalam Sengketa Lingkungan Hidup

2019 ◽  
Vol 21 (1) ◽  
pp. 93-108
Author(s):  
Muzakkir Abubakar
Keyword(s):  
Environmental Pollution ◽  
Class Action ◽  
Environmental Damage ◽  
Regional Government ◽  
Business People ◽  
Environmental Disputes ◽  
Civil Lawsuit ◽  
Legal Standing ◽  
The Government ◽  
Citizen Suits

Penelitian ini ingin menjawab keberadaan pihak-pihak yang dapat mengajukan gugatan ke pengadilan apabila terjadinya  kerugian akibat perbuatan melawan hukum dalam lingkungan hidup. Perbuatan melawan hukum yang menimbulkan kerugian akibat pencemaran atau perusakan lingkungan yang dilakukan oleh pengusaha atau penanggungjawab usaha dan/atau perusakan lingkungan hidup. Penyelesaian sengketa lingkungan hidup melalui pengadilan dapat dilakukan melalui gugatan perdata biasa yang diajukan oleh pihak korban atau  anggota masyarakat biasa yang mengalami kerugian. Dengan melakukan studi dokumen, ditemukan bahwa dengan berlakunya Undang-Undang Nomor 32 Tahun 2009 telah memberikan kesempatan untuk mengajukan gugatan melalui legal standing/LSM, prosedur class action  atau melalui citizen suit yang merupakan hak gugat tanpa adanya kepentingan hukum. Pemerintah atau Pemerintah Daerah sebagai penanggung jawab di bidang lingkungan hidup juga dapat mengajukan gugatan terhadap pelaku pencemaran dan/ atau perusakan lingkungan hidup untuk kepentingan dan kesejahteraan masyarakat. Right to Submit a Law in the Environmental Disputes This study wants to answer the existence of parties who can file a lawsuit to the court if there is an unlawful act that results in a loss to the environment. Unlawful acts that cause losses due to pollution or environmental damage carried out by employers or business people responsible for and/or environmental damage. Settlement of environmental disputes through a court can be carried out through civil lawsuit filed by victims or community who suffer losses. By conducting document studies, it was found that with the enactment of Law No. 32 of 2009, it has provided an opportunity to file a lawsuit through legal standing, class action or through citizen suits which constitute a claim right without any legal interest. The Government or Regional Government as the person in charge of the environmental sector can also file a lawsuit against the perpetrators of environmental pollution and/or damage for the benefit and welfare of the community.

scholarly journals The inflection of Sasak language in Kuripan village

2017 ◽  
Vol 1 (3) ◽  
pp. 155-181
Author(s):  
Wahyu Kamil Syarifaturrahman ◽  
Nurachman Hanafi ◽  
Nuriadi
Keyword(s):  
Qualitative Method ◽  
The Other ◽  
Boundary Area ◽  
Difference Function ◽  
The People ◽  
Base Form ◽  
The Difference ◽  
Inflectional Affixes

This writing is about inflection of Sasak language in Kuripan. The people of Kuripan use Meno-Mene dialect as their daily communication. Sasak language in Kuripan has the uniqueness based on its position (lay on a boundary area of West Lombok and Central Lombok) wherein Kuripan uses Meno-Mene dialect and the other part of Central Lombok which is close to Kuripan Use Meriaq-Meriku dialect so that it makes Meno-Mene dialect of Kuripan has its own character. Based on the phenomenon about varieties of the words and utterances which have different structure is used in Sasak language especially in Kuripan, so I interest in doing the research about inflection as a subfield of morphology which influences the sentences or utterances structurally.  Therefore, this study aims to analyze the types and the functions of inflection in the Meno-Mene dialect of Kuripan. This study used a descriptive and qualitative method where the data gathered through some methods: observation, and an interview. The data gathered are analyzed using some steps: Representing the data obtained, then classifying the class category of the base words (whether they are verb, noun, or adjective), then Identifying the types of inflection in  Meno-Mene Dialect of Kuripan, and the last Analyzing various functions of inflection in Meno-Mene dialect of Kuripan. This study found there is 34 (thirty-four) inflection morpheme that classified according to the lexical category, namely; noun, verb, and adjective. Furthermore, all of the inflectional affixes above have the difference function depend on their affixes and their base-form category. Hence, this study found that the use Meno-Mene dialect of Kuripan has the various affixes especially in term of inflection which influences the utterances or expressions grammatically.

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