scholarly journals IMPLIKASI HUKUM PEMBATASAN PERAN SERTA PEGAWAI NEGERI SIPIL DALAM PROSES POLITIK DI INDONESIA

2011 ◽  
Vol 11 (3) ◽  
Author(s):  
Tedi Sudrajat

In the form of philosophies, histories and comparative studies, limiting the political rights of civil Servant is a political outcome of the state to create a public official relations between the countries with the civil servant based on merit system that applies in the civil service law. The legal implications of the limiting the political rights of civil Servant which are : giving tribute, prohibition and administrative sanctions against the civil servant that involved in the process of politic in Indonesia.Key words : civil servant, political participation, political system 

2019 ◽  
Vol 17 (4) ◽  
pp. 1098-1124
Author(s):  
Sergio Verdugo

Abstract Some scholars argue that constitutions may include an insurance that aims to protect the political rights of prospective electoral losers and prevents a dominant ruling coalition from undermining the competitiveness of the political system. Although some insurance scholars have recently paid more attention to the conditions that make an insurance more likely to be effective, the scholarship seeking to identify the limits of the insurance is still scarce. The literature on courts and democratization may help us to understand those limits by exploring successful and failed experiences. In this article, I argue that after constitution-makers agree to including an insurance, the incumbent regime may delay its implementation or, if the insurance is implemented, the regime may employ different political and legal strategies to eliminate it. I identify some of these strategies using examples from the Bolivian constitutional system. I argue that the Bolivian 2009 Constitution included an insurance and that the Evo Morales regime eliminated it with the help of the Constitutional Court. Although insurance theory expects constitutional courts to guarantee key institutional arrangements, the Bolivian experience shows that constitutional courts may in fact execute the opposite task, and that after constitution makers negotiate and approve an insurance, the challenge is to secure its implementation and survival.


Yurispruden ◽  
2021 ◽  
Vol 4 (1) ◽  
pp. 44
Author(s):  
Iwan Permadi

ABSTRACTPerformance appraisal of civil servants as stipulated in article 77 number (6) of Law Number 5 of 2014 concerning State Civil Apparatus, this article states that a civil servant whose performance evaluation is not in accordance with the established targets is subject to sanctions in the form of administrative sanctions until dismissal. Basically, the performance of civil servants is the result and assessment of work carried out by civil servants in quality and quantity that has been achieved by a civil servant in carrying out the duties, authorities, obligations and responsibilities that have been given. This changes the paradigm that has been formed so far that being a civil servant is impossible to be dismissed, and a civil servant is not an office employee who is assessed based on performance appraisal, from that background we formulate the issue What is the legis ratio of dismissal of civil servants based on performance appraisal in PP Number 30 of 2019 concerning work evaluation? and What are the legal implications of the dismissal of civil servants based on performance appraisal in PP Number 30 of 2019 concerning Performance Appraisal.Keywords: Assessment, Performance, Civil Servants ABSTRAKPenilaian kinerja PNS diatur pasal 77 angka (6) Undang-Undang Nomor 5 Tahun 2014 tentang Aparatur Sipil Negara menyebutkan bahwa seorang PNS yang penilaian kinerjanya tidak sesuai target yang telah ditetapkan maka dikenakan sanksi berupa sanksi administratif hingga pemberhentian. Pada dasarnya kinerja PNS merupakan hasil dan penilaian kerja yang dilakukan oleh PNS secara kualitas dan kuantitas yang telah dicapai oleh seseorang PNS dalam melaksanakan tugas, kewenangan, kewajiban dan tanggung jawab yang telah diberikan. Hal ini merubah paradigma yang selama ini telah terbentuk bahwa menjadi seorang PNS mustahil untuk dapat diberhentikan, dan seorang PNS bukanlah seorang pegawai kantoran yang dinilai berdasarkan penilaian kinerja, dari latar belakang itulah maka kami merumuskan masalah Apa ratio legis dari pemberhentian PNS berdasarkan penilaian kinerja dalam PP Nomor 30 Tahun 2019 tentang Penilaian Kerja? Serta Apa implikasi hukum dari pemberhentian PNS berdasarkan penilaian kinerja dalam PP Nomor 30 Tahun 2019 tentang Penilaian Kinerja.Kata kunci: Penilaian, Kinerja, Pegawai Negeri Sipil


2017 ◽  
Vol 6 (1) ◽  
pp. 1-8
Author(s):  
Flora Kadriu

The motive behind this paper is exploration of the conditions for effective democracy in multicultural societies and countries. The two principles of social setting in the context of classical parliamentary democracy ensue from a special set of civil and political rights, as basis for cultural identity, which further underlies the collective cultural rights (CCRs) or group-differentiated rights (GDRs). Such setting is initiation into a serious process of changes in classical democracy. The cultural diversity accommodation in the political system of a given democracy is an intricate process that shifts the liberal justice concept and requires a new political system dubbed by some authors as multicultural democracy, instead of merely democracy in multicultural societies. This theory is chiefly known as “consociational theory of democracy”. In this paper, efforts are made to establish the new theoretic and experiential institutions and relations we are to call conditions for an effective multicultural democracy.


1978 ◽  
Vol 72 (3) ◽  
pp. 974-984 ◽  
Author(s):  
John G. Peters ◽  
Susan Welch

Lack of a clear definition of political corruption has limited its systematic study by analysts of American politics. This article offers a conceptual framework with which to view corruption. A corrupt act is categorized by its four components: the donor, the favor, the public official and the payoff. For each component, propositions about perceived corrupt and noncorrupt elements can be formulated and tested. The usefulness of this scheme in analyzing attitudes about corruption is demonstrated with data from state legislators. Finally, the article suggests some future research possibilities using this scheme to compare elites and public or other groupings in the political system.


2001 ◽  
Vol 6 (1) ◽  
pp. 3-23 ◽  
Author(s):  
◽  

AbstractCulture is undoubtedly one of the most significant aspects of identity, yet our understanding of the concept and particularly of its consequences for international conflict management is underdeveloped. In this article, we test the hypothesis that cultural differences between parties reflect diversity and contradictions, and that these differences compound the difficulties faced by conflicting parties in finding effective mediated outcomes. Several theories that deal with culture's impact on conflict management are presented and a model is introduced that permits us to test the hypothesis empirically. Five variables that measure culture are examined; these include geographical proximity, nature of the political system, political rights, civil rights and religion. The analysis suggests that all but one (nature of the political system) have a significant impact on mediation outcomes.


2018 ◽  
Vol 3 (2) ◽  
pp. 10-17
Author(s):  
Saranjam Baig ◽  
Manzoor Ahmad ◽  
Jan Alam

Using a simple sequential game, this article aims at exploring the outcome of the political interactions of various strategic players related to the political status of GilgitBaltistan. A political system that comes into existence after the strategic interactions of different players is defined to be an outcome for the purpose of our analysis. To discuss the constitutional limbo in Gilgit-Baltistan, the article identifies four strategic players: the federal government, the provincial, the Shia Muslims in Gilgit-Baltistan, and the Sunni Muslims in Gilgit-Baltistan. Their strategies, preferences, and payoffs have been highlighted. The simple sequential game has an outcome of “status-quo, which is in harmony with the existing political status of the region. The status-quo of the region will continue until the players decide to play different strategies. The outcome will tilt in the favor of the player with most political influence.


2017 ◽  
Vol 8 (2) ◽  
pp. 261
Author(s):  
Kimberly Farias Monteiro ◽  
Leilane Serratine Grubba

A luta das mulheres pela conquista de direitos, especialmente pelo direito civil e político ao voto, foi visível e teve nítido enfoque durante a denominada primeira onda do movimento feminista, que transcorreu pelos séculos XIX e XX. Muitos movimentos marcaram a reivindicação das mulheres pelo direito ao voto, em especial e como um dos mais marcantes, o movimento Sufragista. As Sufragistas, primeiras ativistas do feminismo no século XIX, passaram a ser conhecidas pela sociedade da época devido as suas fortes manifestações públicas em prol dos direitos políticos, com ênfase no direito ao voto. Esse cenário é retratado pelo filme As Sufragistas, estreado no ano de 2015, que relata a luta de mulheres pelo direito ao voto e o movimento sufragista liderado por Emmeline Pankhurst. O artigo problematiza o início da luta de gênero por direitos políticos, com ênfase nos estudos de Direito e Cinema. Dessa forma, a análise do resultado político na luta por direitos da primeira onda do movimento feminista pode ser exemplificado pelo filme As Sufragistas. O filme retrata as condições precárias da mulher no trabalho e sua submissão aos homens; mostra como o Direito e o Cinema podem relacionar-se com o intuito de explorar as realidades vivenciadas pelas mulheres em busca de seus direitos. Nesse sentido, o artigo objetiva, através da análise de cenas e linguagem do filme As Sufragistas, explorar a batalha das Sufragistas pela conquista do voto feminino e, consequentemente, demonstrar que, por meio do Cinema e através de suas imagens é possível retratar as realidades e, assim, as condições às quais as mulheres foram submetidas por longos anos. Palavras-chave: Direitos Humanos. Direitos Políticos. Cinema. Feminismo.Abstract: Women’s struggle for rights, especially civil and political right to vote, had a clear focus during the first wave of the feminist movement that went through the nineteenth and twentieth centuries. Many movements marked the women’s claim to the right to vote, in particular and one of the most striking, the Sufragist movement. Sufragists, the first activists of feminism in the nineteenth century, came to be known by the society of the time due to its strong public manifestations for political rights, especially the right to vote. This scenario is portrayed by the film Suffragette, released in the year 2015, which relates the struggle of women for the right to vote and the suffragist movement led by Emmeline Pankhurst. The purpose of this article is to analyze the beginning of the gender struggle for political rights, with emphasis on Law and Cinema studies. In this way, the analysis of the political outcome in the struggle for rights of the first wave of the feminist movement can be exemplified by the film Suffragette. The film portrays the precarious conditions of women at work and their submission to men; Shows how law and cinema relate to the purpose of exploring the realities experienced by women in search of their rights. In this sense, the present article aims, trought the analysis of scenes and language of the film Suffragette, to explore the battle of Sufragists by the conquest of the feminine vote and, consequently, demonstrate trought the Cinema and trought images it is possible to portray the realities and thus the conditions to which women were submitted. Keywords: Cinema. Feminism. Human Rights. Political Rights.


2015 ◽  
Vol 219 (S 01) ◽  
Author(s):  
J Grünwald ◽  
M Beer ◽  
S Mamay ◽  
F Rupp ◽  
J Stupin ◽  
...  

2017 ◽  
Vol 47 (188) ◽  
pp. 495-504 ◽  
Author(s):  
Felix Syrovatka

The presidential and parliamentary elections were a political earthquake for the French political system. While the two big parties experienced massive losses of political support, the rise of new political formations took place. Emmanuel Macron is not only the youngest president of the V. Republic so far, he is also the first president not to be supported by either one of the two biggest parties. This article argues that the election results are an expression of a deep crisis of representation in France that is rooted in the economic transformations of the 1970s. The article analyses the political situation after the elections and tries to give an outlook on further political developments in France.


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