scholarly journals Law and Public Relations in Indonesia: Viewed from the Theory of John Henry Merryman on Strategies of Legal Development

2019 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Wahju Prijo Djatmiko
Keyword(s):  
Public Relations ◽  
Development Strategy ◽  
Judicial Review ◽  
Social Factors ◽  
Social Groups ◽  
Human Interest ◽  
State Institutions ◽  
Legal Development ◽  
Legal Product ◽  
Year 2013

Principally, legal development is a sustainable development, its function  as human interest protection, legal aims to reach an order and balance. Order in society guarantees the protection on human interest.  Even though, the development on law is directed to create order in society, meaning law and society are interconnected, there are still plenty of legal products that are not able to meet people needs, and one of them is the judicial review on  the Act no. 19 year 2013 on Protection and Enforcement to Farmers. This  reflects that the Act does not represent social factors. This shows no harmony and benefit connections between the Act no.19 year 2013 as written legal product and society. This phenomenon, then, is analyzed from Theory of John Henry Merryman on Legal Development Strategy (Orthodox and Responsive). The process of making a responsive legal product is a participative one meaning that the process involves greatly the participation of society through social groups and individual in community. Reversely, orthodox legal product is characterized by its centralistic process in which state institutions dominate the process, especially  the authority of executives.

scholarly journals POLITIK HUKUM PENGATURAN TAP MPR DALAM HIERARKI PERATURAN PERUNDANG-UNDANGAN

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
I Made Aryana Putra Atmaja ◽  
I Nyoman Suyatna
Keyword(s):  
Judicial Review ◽  
Legal Status ◽  
State Institution ◽  
Constitutional Court ◽  
State Agencies ◽  
Constitutional Rights ◽  
State Institutions ◽  
Political Perspective ◽  
Legal Consequence ◽  
Legal Product

The third Amendment of UUD 1945 in 2001 put the position of MPR is no longer as the highest state institution but equal with another state institutions. This is certainly make a legal consequence to the legal product that produced by MPR and that legal product is Tap MPR. Tap MPR is no longer regulated in hierarchy of legislation in article 7 (1) Constitution No. 10 of 2004 on the establishment of legislation because Tap MPR is not included in the general legislation. But then the issuance of Constitution No. 12 of 2011 set back Tap MPR in hierarchy of legislation because some of Tap MPR is still valid in accordance with the Tap MPR number of I / MPR / 2003 on Judicial Review Matter and Legal Status of the Tap MPR Decree from 1960-2002. If it viewed through a political perspective, it can be said that Tap MPR Decree setting tug in the hierarchy of legislation can be said to be inconsistent of legal political or unclear. Said to be inconsistent or unclear because it is not in line with changes in the MPR authority and contrary to the theory of hierarchy of norms as a result of changes in the authority of MPR must also align with the legislation and do not deserve to be above the legislation. The debate re-occurs when the authority of the Constitutional Court to review the constitutionality of MPR is considered contrary to the 1945 Constitution questionable. Is the Constitutional Court is authorized to review the constitutionality of Tap MPR towards the UUD 1945? According to the Article 24C of UUD 1945, Constitutional Court is only authorized to review legislation towards UUD 1945. There is void of norm on the authority of the Constitutional Court but on the other side, citizens who feel their constitutional rights are  violated by the existence of the MPR cannot do anything. The Constitutional Court was established with the aim of legislation under the Constitution does not conflict with the UUD 1945, the next purpose is to protect and ensure the constitutional rights of citizens contained in the UUD 1945 in order not to be violated by officials or state agencies. Departed from that purpose then the Constitutional Court is authorized to review the constitutionality of Tap MPR is considered contrary to the UUD 1945.

scholarly journals HIGHER EDUCATION DEVELOPMENT IN CONFLICT CONDITIONS: EVOLUTION FROM KNOWLEDGE SOCIETY TO UNDERSTANDING SOCIETY

2020 ◽  
pp. 32-45 ◽  
Author(s):  
Serhii Terepyshchyi ◽  
Glib Khomenko
Keyword(s):  
Higher Education ◽  
Development Strategy ◽  
Social Trust ◽  
Public Investment ◽  
Knowledge Society ◽  
Negative Consequences ◽  
Education Development ◽  
Higher Education Development ◽  
State Institutions ◽  
General Terms

Peacebuilding in society is impossible without generating and implementing an effective higher education development strategy. Education representing the ideological and value principles of humanism, democracy, tolerance, dialogue is a powerful tool in the consolidation of a conflict society, its gradual transformation into a society of understanding. In this regard, the role of the teacher in peacebuilding cannot be overestimated. Unfortunately, most politicians prefer to finance short-term projects where certain material benefit can be obtained in a minimum period of time. This is probably one of the major strategic mistakes that can cause extremely negative consequences. In general terms, peace can be compared with a kind of humanitarian deposit that is long-term oriented. Its main dividend is the stable development of a society in which the confidence of individual citizens in each other acts as a metaphorical interest rate. That is, the greater the social trust within society, the greater the likelihood that war will not affect the territorial integrity of a particular state. The level of trust implies the support of state institutions of power from the side of ordinary citizens, as well as interpersonal trust in matters of religion, ethnic and valuebased differences. Universities should increase the level of trust within society, thus advocating as a means of conflict prevention acording to optimistic scenario or social rehabilitation acording to pesimictic scenario. However, public investment in its development should be steadily increased beside grant financial infusions.

scholarly journals Nurse Advocacy: Adopting a Health in All Policies Approach

2018 ◽  
Vol 23 (3) ◽  
Author(s):  
Shanita Williams ◽  
Janice Phillips ◽  
Kirk Koyama
Keyword(s):  
Social Determinants ◽  
Social Factors ◽  
Social Groups ◽  
Health Inequities ◽  
Health Needs ◽  
Economic Conditions ◽  
Evidence Based ◽  
Health In All Policies ◽  
Policy Advocacy ◽  
The Right

Policy advocacy and committed resources are essential to address social factors that shape population health. In this article, we discuss nurse advocacy to advance public health and health equity through targeted social determinants, particularly on behalf of poor and disadvantaged persons. We discuss components of the right social policies and consider evidence-based policies that have linked improvements in social and economic conditions with increased physical, emotional, and mental health outcomes among poor and disadvantaged social groups. With a partnership perspective, select social determinants of health (SDOH) and mitigating policies focus nurses' social policy advocacy to improve the health of disadvantaged populations and reduce health inequities. We suggest nurses engage in multisectoral partnerships and adopt a Health in All Policies (HiAP) approach to address social and health needs of concern. The conclusion offers resources and strategies to promote nurse engagement in health policy.

Revolution Revisited: The Structuralist-Voluntarist Debate

1999 ◽  
Vol 32 (2) ◽  
pp. 317-345 ◽  
Author(s):  
Mehran Kamrava
Keyword(s):  
Social Groups ◽  
Human Agency ◽  
Political Mobilization ◽  
The Political ◽  
General Category ◽  
Structural Factors ◽  
Ideal Types ◽  
State Institutions ◽  
State And Society ◽  
The Revolution

AbstractThere are three ideal types of revolutions: spontaneous, planned and negotiated. The role and importance of structural factors versus human agency vary according to the general category to which a particular revolution belongs. In spontaneous revolutions, both the transition and conslidation phases are heavily conditioned by prevailing structural factors, especially those that result in the weakening of ruling state institutions and the political mobilization of one or more social groups. By contrast, in planned revolutions self-declared revolutionaries take the lead in both mobilizing supporters and weakening the state, in fact often having a highly elaborate ideological—as well as tactical and strategic—blueprint for the acquisition and consolidation of power. Negotiated revolutions see the greatest coalescence of forces involving both structural developments and human agency. The seeds of the revolution have germinated, but the prevailing structural developments are not by themselves sufficient to bring about the revolution's success. Actors representing both state and society must step in to negotiate, and only then might the revolution succeed and be consolidated.

scholarly journals Social factors influencing the differences between developed and less developed regions

2008 ◽  
Vol 53 (No. 11) ◽  
pp. 513-517
Author(s):  
V. Majerová
Keyword(s):  
Quality Of Life ◽  
Social Development ◽  
Social Factors ◽  
Rural Population ◽  
Social Groups ◽  
Development Programs ◽  
Factors Influencing ◽  
Negative Factors

The aim of the rural development programs is the stabilisation of rural population and forming the perspectives for increasing the quality of life for all social groups in the communities as well as in the region. Less developed areas suffer for a long term from the cumulated negative factors of economic and social development. Their detailed identification which is theoretically considered in this paper can help to improve the particular measures towards the removal of the most urgent problems.

Power Dynamics at College Parties

2017 ◽  
Author(s):  
Jennifer Beste
Keyword(s):  
Sexual Orientation ◽  
Social Factors ◽  
Race And Ethnicity ◽  
Social Groups ◽  
Power Dynamics ◽  
Gender Inequalities ◽  
Gender Based ◽  
Social Scientific ◽  
And Gender ◽  
Powerful Group

Undergraduate ethnographers analyzed the power dynamics among different social groups at parties, attending to race and ethnicity, sexual orientation, and gender. Based on their observations, they sought to identify dominant and subordinate social groups. Most ethnographers who addressed power dynamics in regard to ethnicity and sexual orientation (many did not) perceived that white heterosexual males had the most power and dominance. Regarding power dynamics among the genders, 66% of students claimed that heterosexual males were the most powerful group; 7% argued that females had more power; 24% perceived that both men and women exercise different forms of power or that social factors unrelated to gender determined which individuals were most powerful; and 3% did not directly answer the question about power. After analyzing ethnographers’ reasoning for their perspectives, Beste draws on social scientific research to analyze the power dynamics and gender inequalities manifest in college social and sexual culture.

scholarly journals Upaya Menciptakan Produk Hukum Berkualitas Konstitusi Melalui Model Preventif Review

2019 ◽  
Vol 15 (4) ◽  
pp. 774
Author(s):  
Muhammad Reza Maulana
Keyword(s):  
Rule Of Law ◽  
Judicial Review ◽  
Constitutional Court ◽  
Constitutional Order ◽  
The Law ◽  
Constitutional Right ◽  
The Republic ◽  
Constitutional Issue ◽  
Legal Product

Pada hakikatnya judicial review dilaksanakan demi terciptanya keseimbangan hukum dan terpenuhinya hak konstitusional setiap pemangku kepentingan untuk bertindak dan mengajukan permohonan pembatalan suatu undang-undang kepada Mahkamah Konstitusi dengan menyatakan undang-undang tersebut telah bertentangan dengan UUD RI 1945. Pengujian undang-undang terhadap UUD 1945 dilakukan dalam upaya penyempurnaan hukum yang berlandaskan konstitusi. Setiap undang-undang haruslah dilandasi oleh aturan dasar yang tidak hanya tercantum pada konsiderannya saja, melainkan dibuat serta dilaksanakan berlandaskan nilai dan norma konstitusionalitas. judicial review yang selama ini dilakukan oleh banyak pihak pada Mahkamah Konstitusi membuktikan bahwa kualitas produk hukum atau aturan hukum yang selama ini dilahirkan oleh pembuat undang-undang seringkali bertolak belakang dengan keteraturan hukum, sehingga diperlukan langkah hukum preventive demi menjaga integritas lembaga pembentuk undang-undang agar tidak dianggap melahirkan produk hukum yang asal-asalan. Oleh karena itu, di dalam penelitian ini akan mengkaji dan menginisiasi pembentukan produk hukum yang berkualitas konstitusi sehingga Mahkamah Konstitusi sebagai lembaga pengawal konstitusi memberikan kontribusi dengan cita konstitusi dan melahirkan produk hukum dengan kualitas konstitusi. Dalam penelitian ini metode yang yang digunakan adalah yuridis normatif dengan menggunakan pendekatan undang-undang dan konseptual. Hasil penelitian ini menggambarkan betapa pentingnya upaya preventive sebelum suatu aturan hukum kemudian ditetapkan, disahkan dan dilaksanakan, dimana ada persoalan konstitusionalitas terhadap implementasi suatu produk hukum yang kemudian oleh Mahkamah Konstitusi dinyatakan bertentangan dengan Undang-Undang Dasar Republik Indonesia 1945.Basically, judicial review has done to create a balance of law and to fulfill the constitutional right for every stakeholder to act and apply for application to constitutional court by stating the rule was contradicted to the constitution of Republic of Indonesia 1945. The application was made as an effort to perfect the law which is based on the constitution. Each rule has to be based on the basic rules, not only on its consideration but also is made and implemented in basic values and norms of contitutionality. Judicial review done by many people on constitutional court has proven that the quality of law product or rules of law made by the legislative often contradict with constitutional order of law, so it is necessary to take a step on preventive legal measurer to keep up the integrity of the rule maker of being judged making unqualified legal products. Therefore, this research reviews and initiates the production of law product so that the Constitutional Court can give preventive contribution on each legal products made, to be able to run with the ideals of the constitution and create legal products with constitution quality. This research used juridical normative method with legal and conceptual approaches. The results of this study illustrate how important preventive efforts before a rule of law are then set, ratified and implemented. In which there is a constitutional issue on the implementation of a legal product, that will be later declared by the Constitutional Court to be contradictory to the 1945 Constitution of the Republic of Indonesian.

scholarly journals Modern Economic Theory and Economic Problems of the Modern World

2018 ◽  
Vol 28 (3) ◽  
pp. 426-433 ◽  
Author(s):  
Vladimir Gorev ◽  
Olga Djunina
Keyword(s):  
Economic Theory ◽  
Public Relations ◽  
Social Groups ◽  
Modern World ◽  
Theoretical Concepts ◽  
Economic Relations ◽  
Economic Theories ◽  
The World ◽  
Modern Economic ◽  
The Rich

Public relations have always been full of contradictions. The roots of these contradictions are in the system of economic relations. It is not a coincidence that it has always been the task of economics, first of all, to reveal the nature of economic relations and, secondly, to find ways to resolve the social contradictions caused by these relations. The evolution of economic theories reflects the search for ways of solving the problem. Economic theory has constantly experienced pressure of certain social groups at various stages of its development, that benefited from the historical realities developed at the given time. The interest of these social groups have almost always been limited to the desire to prove that the existing system of economic relations is not historically transient, but the eternal and the best possible one. Having excluded production from the system of economic relations, reducing the extent of production relations to market relations, modern economic theories do not go beyond vulgar political economy. The article deals with the problem of property and social inequality, as a factor that slows down economic growth in Russia, as well as the possibilities of modern theoretical concepts to explain the essence of the economic contradictions of the modern world. There have always been poverty and injustice in the world. But if the gap between the rich and the poor has diminished in the last century, the world has returned to its state on the eve of the First World War by the beginning of the 21st century, as far as the degree of inequality is concerned.

scholarly journals KAJIAN YURIDIS TERHADAP PENEGASAN HIEARAKI PERATURAN PERUNDANG-UNDANGAN DI INDONESIA DALAM PERSPEKTIF STUFEN THEORIE

2017 ◽  
Vol 9 (2) ◽  
pp. 95
Author(s):  
Muhammad Yusrizal Adi Syaputra
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Judicial Review ◽  
House Of Representatives ◽  
Constitutional Court ◽  
State Institutions ◽  
Binding Force ◽  
The Supreme Court ◽  
Legal Uncertainty

Rule lower against the rules of higher then lower regulation it can test the material (judicial review) to be canceled entirely or partially canceled. The assertion of hierarchy intended to prevent overlap between legislation that could give rise to legal uncertainty. Position regulations set by the People's Consultative Assembly (MPR) House of Representatives (DPR), the Regional Representatives Council (DPD), the Supreme Court (MA), the Constitutional Court (MK), the Supreme Audit Agency (BPK), Commission Judicial (KY) , Bank Indonesia (BI), the Minister, the Agency, Organization, or commissions, in the Indonesian legal system recognized by Act No. 12 of 2011 either were born because of higher regulatory mandate and within the scope and authority of the minister. Thus, no doubt that the regulations set by state institutions, have binding force that must be obeyed by the parties set forth therein. While the Regulations issued policy also recognized as an Freies Ermessen in the execution of its duties and functions.<br /><br />

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