scholarly journals EXISTENCE OF LOCAL LEGAL PRODUCT NUANCED OF SHARI’AH IN INDONESIA

2017 ◽  
Vol 6 (2) ◽  
Author(s):  
Rommy Patra

<p><em>The existence of local legal product  nuanced of shari'a in Indonesia is rampant  in the reform era. The establishment of  local legal product  that nuanced of shari'a is effort to formalize shari'ah  Islam in the life of the nation. But its existence has caused controversy because of have nature of sectarian and vulnerable to violation of human rights such as discriminatory and restrict civil liberties. Therefore, necessary  for the structuring of local legal product  that nuanced of shari'a, if necessary until to cancel it in order to improve the quality of implementation of local autonomy in Indonesia.</em></p>

Author(s):  
Brooke A. Ackerly

Just responsibility is a transformative human rights politics for taking on the complexities, power inequalities, and social normalization of injustice itself. Just responsibility is a human rights theory of political responsibility in which we understand human rights as enjoyed and shared throughout political community (and human rights entitlements as a tool toward that end), political community as defined by its web of networks, not its boundaries, accountability as a political process of discernment, not a power relation, and leadership as a quality of political community, not of individuals within it. Found within and supported by the principles-in-practice of women’s human rights activists, this grounded normative theory of responsibility guides us in a human rights enhancing way to be accountable leaders in political transformation, taking responsibility for global injustice in a just way.


Author(s):  
E. Tendayi Achiume

This chapter uses the trajectory of the Southern African Development Community (“SADC”) Tribunal to chart sociopolitical constraints on international judicial lawmaking. It studies the SADC Tribunal backlash case, which paved the way for a curtailment of the Tribunal’s authority, stripping the Tribunal of both private access and its jurisdiction over human rights. Showing how jurisprudential engagement with sociopolitical context plays a significant role in explaining the Tribunal's loss of authority, the chapter introduces the concept of sociopolitical dissonance. Sociopolitical dissonance is a state that results when a legal decision contradicts or undermines deeply held norms that a given society or community forms on the basis of its social, political, and economic history. Sociopolitical resonance, on the other hand, describes the quality of affirming or according with a given society's norms as informed by its sociopolitical history.


2016 ◽  
Vol 2 (4) ◽  
pp. 375-412 ◽  
Author(s):  
Wade M. Cole

A long-standing research question asks whether democracy promotes or inhibits development, but relatively few studies explore the developmental consequences of human rights. I analyze the effect of respect for bodily integrity rights and civil liberties on economic growth rates, measured as percentage changes in gross domestic product over pooled five-year intervals, for 138 countries between 1965 and 2010. Bodily integrity rights entail fundamental protections against torture, political imprisonment, extrajudicial killing, and disappearances. Civil liberties include the freedoms of speech, assembly, religion, and movement. The analyses make use of estimators designed to isolate causal directionality. I find that improvements in countries’ rated bodily integrity practices boost economic growth rates, even after accounting for other important explanatory factors and the possibility of reverse causality. Additional analyses suggest that this effect operates largely through increased domestic investment. Static levels in bodily integrity scores, conversely, have no effect on growth; neither do static levels of or dynamic changes in civil liberties.


2017 ◽  
Vol 6 (2) ◽  
pp. 242-258 ◽  
Author(s):  
Minh Tam Schlosky ◽  
Andrew Young

Purpose A number of political economy concerns are associated with the provision of foreign aid to developing economies. These concerns suggest that foreign aid is likely to have harmful effects on a recipient’s institutional quality, and that attempts to give aid conditional on policy and institutional reforms are unlikely to succeed. Established in 1996, the Heavily Indebted Poor Country (HIPC) Initiative is a comprehensive, structured attempt to provide multilateral foreign aid conditional on reforms in recipient countries. The purpose of this paper is to evaluate its effectiveness at affecting institutional reform in participating countries. Design/methodology/approach The authors document how participating countries fared in terms of the quality of their policies and institutions. The authors employ the Fraser Institute’s Economic Freedom of the World index as a measure of economic institutions, and the Freedom House political rights (PR) and civil liberties indices as measures of PR and protections. Based on these measures, the authors report unconditional statistics (e.g. average changes) and also regressions of changes in the measures on HIPC Initiative aid allocations and other controls. Findings The authors find that most participating countries experienced either meager increases or outright decreases in institutional quality. The regression results provide no evidence that the Initiative affects meaningful reforms. Originality/value The potential for foreign aid to have deleterious effects on the institutional quality of recipient countries has been of increasing concern to students of economic development. Such effects can have important implications for entrepreneurial activity in these countries. The HIPC Initiative is specifically designed to acknowledge and, indeed, overcome these concerns, leading to actual increases in institutional quality of recipient countries. To the authors’ knowledge, this work is the first to assess whether the promise of the HIPC Initiative is being fulfilled.


Author(s):  
Egidijus Küris

Western legal tradition gave the birth to the concept of the rule of law. Legal theory and constitutional justice significantly contributed to the crystallisation of its standards and to moving into the direction of the common concept of the rule of law. The European Court of Human Rights uses this concept as an interpretative tool, the extension of which is the quality of the law doctrine, which encompasses concrete requirements for the law under examination in this Court, such as prospectivity of law, its foreseeability, clarity etc. The author of the article, former judge of the Lithuanian Constitutional Court and currently the judge of the European Court of Human Rights, examines how the latter court has gradually intensified (not always consistently) its reliance on the rule of law as a general principle, inherent in all the Articles of the European Convention on Human Rights, to the extent that in some of its judgments it concentrates not anymore on the factual situation of an individual applicant, but, first and foremost, on the examination of the quality of the law. The trend is that, having found the quality of the applicable law to be insufficient, the Court considers that the mere existence of contested legislation amounts to an unjustifiable interference into a respective right and finds a violation of respective provisions of the Convention. This is an indication of the Court’s progressing self-approximation to constitutional courts, which are called to exercise abstract norm-control.La tradición occidental alumbró la noción del Estado de Derecho. La teoría del Derecho y la Justicia Constitucional han contribuido decisivamente a la cristalización de sus estándares, ayudando a conformar un acervo común en torno al mismo. El Tribunal Europeo de Derechos Humanos emplea la noción de Estado de Derecho como una herramienta interpretativa, fundamentalmente centrada en la doctrina de la calidad de la ley, que implica requisitos concretos que exige el Tribunal tales como la claridad, la previsibilidad, y la certeza en la redacción y aplicación de la norma. El autor, en la actualidad Juez del Tribunal Europeo de Derechos Humanos y anterior Magistrado del Tribunal Constitucional de Lituania, examina cómo el primero ha intensificado gradualmente (no siempre de forma igual de consistente) su confianza en el Estado de Derecho como principio general, inherente a todos los preceptos que forman el Convenio Europeo de Derechos Humanos, hasta el punto de que en algunas de sus resoluciones se concentra no tanto en la situación de hecho del demandante individual sino, sobre todo y ante todo, en el examen de esa calidad de la ley. La tendencia del Tribunal es a considerar que, si observa que la ley no goza de calidad suficiente, la mera existencia de la legislación discutida supone una interferencia injustificable dentro del derecho en cuestión y declara la violación del precepto correspondiente del Convenio. Esto implica el acercamiento progresivo del Tribunal Europeo de Derechos Humanos a los Tribunales Constitucionales, quienes tienen encargado el control en abstracto de la norma legal.


2021 ◽  
Vol 1 (02) ◽  
pp. 56-62
Author(s):  
Muhammad Reza Aziz Prasetya

Sport as a model of human creativity is a form of physical activity that has very complex dimensions, which undergo a systematic process in the form of all activities or efforts that can encourage, arouse, develop and foster one's physical and spiritual potential. as individuals or members of society. in the form of games, competitions/contests, and intensive physical activities to obtain recreation, victory, and peak potential. Sport is currently a trend or lifestyle for some of the general public, even to the point of becoming a basic need in life. National development through the development of sports in Indonesia in this reform era has become a strategic vehicle, especially improving the quality of human resources, as well as the formation of the character and character of the nation, in this paper many factors play a role in success in the field of sports, one of which the author wants to examine the differences and similarities between the performance sports system that runs in Indonesia and China. This study aims to compare the development of achievement sports systems carried out in Indonesia and China in order to improve the quality and competence of sports. This study uses a qualitative descriptive method with data collection techniques through documentation studies. The results of this study conclude that the government's contribution is needed in preparing winning strategies, training facilities, increasing competition opportunities and increasing resources that can be assisted by a team of academics and researchers from universities to find new techniques in training to support the maximum use of sport science. Keywords: achievement sports system, Indonesia, China.


2020 ◽  
Vol 2 (4) ◽  
pp. 513
Author(s):  
Pradikta Andi Alvat

This study aims to know how political development of legal protection of human rights in Indonesia and political objectives of the legal protection of human rights itself. The research method using normative juridical approach. Specification of the research is descriptive. Provide an overview and critical analysis and conclusions of the research object. Source data using secondary data sources through books and legislation. The data collection method through the study of literature. Analysis of data using qualitative approach. The results showed that the political development of the legal protection of human rights has undergone discourse tight since the formulation of the Constitution and found basic juridical-constitutional is ideal since the reform era with the birth of Chapter XA in the constitution on human rights, born Law of Human Rights, and the formation of the court of HAM. The purpose of a political human rights protection law contains three dimensions, namely the dimensions of philosophical, sociological dimension and juridical dimension.Keywords: Protection Of Human Rights; Political Law; State Law.


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