PERAN NASKAH AKADEMIK DAN DAFTAR INVENTARISASI MASALAH DALAM MEWUJUDKAN PERATURAN DAERAH NOMOR 2 TAHUN 2015 TENTANG PERLINDUNGAN ANAK YANG ASPIRATIF DI KOTA TANGERANG

2018 ◽  
Vol 1 (2) ◽  
pp. 282-297
Author(s):  
Hendra Sudrajat ◽  
Beggy Tamara
Keyword(s):  
Rule Of Law ◽  
Child Protection ◽  
Regional Government ◽  
The Rule Of Law ◽  
The People ◽  
Democratic State ◽  
The Republic ◽  
Regulation Approach ◽  
The City

The rule of law provides guarantees for human rights and popular sovereignty through the constitution. The 1945 Constitution of the Unitary State of the Republic of Indonesia is the highest constitution of Indonesia as the foundation for the implementation of the rule of law of democracy. With the rolling of reforms by amending the constitution to establish new formats of regional government, including the construction of ideal regional regulations. The ideal regional regulation is one that is able to provide solutions to various community problems through binding regulations. The type of research used is normative legal research using a statutory approach or statute approach and a case approach or case approach. the statutory approach or statute approach is to use the regional regulation approach. The establishment of regional regulations is the authority of the Regional People's Legislative Assembly together with the Regional Head, but sometimes raises various problems, namely the role of the regional government more strongly than the people in the process of drafting regional regulations without accommodating the aspirations of the people, including the formation of regional regulations as a form of democracy and participation in the regions. Community participation in the process of forming Regional Regulation Number 2 of 2015 concerning Participatory Child Protection in the City of Tangerang Banten Province is very important to realize a democratic state of law through aspirational regional regulations.

State, Sovereignty, and the People: A Comparison of the “Rule of Law” in China and India

2009 ◽  
Vol 68 (1) ◽  
pp. 55-100 ◽  
Author(s):  
Jonathan K. Ocko ◽  
David Gilmartin
Keyword(s):  
Rule Of Law ◽  
Social Order ◽  
The Political ◽  
British India ◽  
Fourth Section ◽  
The Rule Of Law ◽  
China And India ◽  
The People ◽  
History Of

This paper uses the concept of the “rule of law” to compare Qing China and British India. Rather than using the rule of law instrumentally, the paper embeds it in the histories of state power and sovereignty in China and India. Three themes, all framed by the rule of law and the rule of man as oppositional yet paradoxically intertwined notions, organize the paper's comparisons: the role of a discourse of law in simultaneously legitimizing and constraining the political authority of the state; the role of law and legal procedures in shaping and defining society; and the role of law in defining an economic and social order based on contract, property, and rights. A fourth section considers the implications of these findings for the historical trajectories of China and India in the twentieth century. Taking law as an instrument of power and an imagined realm that nonetheless also transcended power and operated outside its ambit, the paper seeks to broaden the history of the “rule of law” beyond Euro-America.

Presidential Autocracy and the Rule of Law

Worldview ◽  
1973 ◽  
Vol 16 (3) ◽  
pp. 5-12
Author(s):  
D. L. Robinson
Keyword(s):  
Rule Of Law ◽  
Full Scale ◽  
American Democracy ◽  
Checks And Balances ◽  
Henry Kissinger ◽  
The Rule Of Law ◽  
The People ◽  
The City

The year 1972 seemed fateful to those who cherish the commitment of American democracy to the tradition of checks and balances. Indeed, as the year ended, the realization was beginning to dawn that the nation was on the edge of a full-scale constitutional crisis.Nineteen seventy-two was the year when President Nixon reopened the door to China, then mined Haiphong harbor and bombed the city of Hanoi; when he visited Moscow, concluded a treaty limiting strategic arms and directed Henry Kissinger to announce that peace was "at hand," then suddenly renewed and intensified the bombing, suspended it for thirtysix hours at Christmas, renewed it, then stopped it again—all without explanation to the people on whose behalf he was acting.

scholarly journals DISKRESI SEBAGAI KEBEBASAN BERTINDAK PEMERINTAH (Tinjauan Konseptual dan Empris)

2018 ◽  
Vol 4 (1) ◽  
Author(s):  
Yusri Munaf
Keyword(s):  
Rule Of Law ◽  
Central Government ◽  
Regional Government ◽  
Discretionary Power ◽  
Government Action ◽  
The Rule Of Law ◽  
Government Administration ◽  
The People ◽  
Specific Sense ◽  
Discretionary Powers

The concept of discretion is the concept of power, in this case the power of government in the sense of narrow (bestuur). Discretion as a concept of power is power in a specific sense, not in the routine sense. The power of discretion here is the freedom of government action. Freedom here has a neutral understanding, which describes the existence of a power to choose various actions. This discussion aims to provide clarity on the concept of discretionary power in the administration of government that is still controversial from various aspects so that the concept of power of discretion is not only acceptable power, but also at the same time acceptable juridically and morally / ethically. The discussion is complemented by empirical aspects of the application of discretion to the implementation of local government in Indonesia. The central government guarantees the protection of discretionary regional heads to accelerate the development and welfare of the people. Ministry of Home Affairs, explains that there are now Law No. 23 of 2014 on Regional Government, and Law No. 30 of 2014 on Government Administration, which guarantees discretion by the regional head. In principle, Law No. 23 of 2014 and Law No. 30 of 2014 serve as guidelines for the regional head to innovate and undertake discretion without hesitation and fear. However, the government's discretionary powers must remain operative under a legal system of the rule of law. Under the prescriptions of the rule of law principle, the government's discretionary powers coexist with the rule of law principle, the power of government discretion coexists with the principle of responsible goverment.

scholarly journals ПОКРЕТАЊЕ ПОСТУПКА НОРМАТИВНЕ КОНТРОЛЕ ПРАВА У РЕПУБЛИЦИ СРБИЈИ

TEME ◽  
2019 ◽  
pp. 1419
Author(s):  
Bálint Pásztor
Keyword(s):  
Rule Of Law ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Democratic Culture ◽  
Advantages And Disadvantages ◽  
Institutional Values ◽  
The Law ◽  
The Republic ◽  
The One

The author of the article analyzes the specificities of the normative control of the law, i.e. the procedure of assessing the constitutionality and legality of the law in the Republic of Serbia, with the aim of detecting historical and legal preconditions of the effective functioning of the rule of law. The historical perspective of the development of the constitutional judiciary in the Socialist Federal Republic of Yugoslavia and the Republic of Serbia, as well as the analysis of the experiences of various systems of control of constitutionality and legality, open the contextual, scientific-historical and pragmatic dimensions of understanding. The specificity of the system of normative control is reflected in its triplicity, meaning that three institutes are known that characterize different procedural possibilities (to initiate the process of assessing the constitutionality and legality of general acts). The paper is written in order to point out the dichotomy of the proposal and initiative of the procedure of the assessment of constitutionality and legality, as well as the advantages and disadvantages of the ex officio procedure. Furthermore, the author wanted to point out the essential and procedural differences between the proposal, the initiative and the constitutional complaint, especially analyzing the purpose of retaining the institute of the initiative in the light of the existence of the constitutional complaint and the fact that the initiative does not imply the automation of the initiation of proceedings. The dilemma that the article opens concerns the possibility that in the case of abolishing the initiative as an institution accessible to all, is it possible to preserve the democratic culture and the participation of citizens, furthermore is it possible to abolish the fundamental institutional values and freedoms of a legal state and the rule of law? The paper opens other issues of importance for the establishment of an effective constitutional architecture that concern: the width of the circle of authorized proposers of normative control before the Constitutional Court; the dual role of the constitutional judiciary: on the one hand protection of the Constitution, constitutionality and legality, on the other hand effective protection of human and minority rights and freedoms.

scholarly journals Constitutional Justice

2017 ◽  
Vol 19 (33) ◽  
pp. 135-142
Author(s):  
Anca-Florina Moroșteș ◽  
Narcisa-Mihaela Stoicu
Keyword(s):  
Rule Of Law ◽  
Constitutional Court ◽  
Contemporary Society ◽  
The Rule Of Law ◽  
Democratic State ◽  
Constitutional Justice ◽  
The Law

Abstract The paper with the title “Constitutional Justice” aims to analyse a topic of urgent actuality and of particular importance in the contemporary society. We have tried to show in this paper the importance of the Constitutional control in the rule of law. Starting from the idea of necessity of existence of a Constitution in a democratic State and, implicitly, of a body to follow-up the compliance with its provision, we have tried to highlight in this paper the role of Romanian Constitutional Court and not only, by presenting one of its most important attributions which is the control of the law constitutionality.

scholarly journals Peranan Lembaga Kemasyarakatan dalam Membantu Tugas Lurah

2017 ◽  
Vol 1 (2) ◽  
Author(s):  
Ryan Anggria Pratama ◽  
Askarmin Harun
Keyword(s):  
Local Government ◽  
Social Institutions ◽  
Social Institution ◽  
Community Empowerment ◽  
Regional Government ◽  
Urban Village ◽  
The Republic ◽  
The City ◽  
Government Development

AbstractThe underlying consideration of this research is that given the increasingly growing the urban village chief’s duty in the field of government, development and community empowerment, the presence and role of Social Institution is very much needed to assist the urban village chief’s duty in the implementation. This research was conducted in Bukit Cermin Urban Village Tanjungpinang City which is the best Urban Village of Riau Islands in the year 2015. This study aims to determine the role and constraints of Social Institutions in assisting the The urban village chief’s duty in the field of development in Bukit Cermin Urban Village of Tanjungpinang. The results of the study found that the role of Social Institutions in assisting the urban village chief in the development of Bukit Cermin Urban Village of Tanjungpinang includes educational inspirator, environmental facilitator, entrepreneurial motivator, order mediator and development initiator. Then that hamper the role of social institutions in assisting the urban village chief’s duty in the field of development such as lack of support from the local government, does not occur the process of good regeneration, and inequality in the coaching of social institutions. The authors argue that the obstacles that occur because the Regional Government of Tanjungpinang City just issued a Regional Regulation on Social Institutions in 2016, so that in previous years for the city of Tanjungpinang only refers directly to the Regulation of the Minister of Home Affairs of the Republic of Indonesia No. 5 of 2007 on Guidelines Setup  of Social Institutions without more specific rules. Keywords: roles, social institutions, development AbstrakPertimbangan yang mendasari penelitian ini adalah mengingat tugas lurah yang semakin bertambah dibidang pemerintahan, pembangunan dan pemberdayaan masyarakat, maka kehadiran dan peranan Lembaga Kemasyarakatan teramat sangat dibutuhkan guna membantu tugas lurah dalam penyelenggaraannya. Penelitian ini dilakukan di Kelurahan Bukit Cermin Kota Tanjungpinang yang merupakan Kelurahan terbaik se-Kepulauan Riau pada Tahun 2015. Peneltian ini bertujuan untuk mengetahui peranan dan hambatan lembaga kemasyarakatan dalam membantu tugas Lurah di bidang pembangunan di Kelurahan Bukit Cermin Kota Tanjungpinang. Hasil penelitian ditemukan bahwa peranan lembaga kemasyarakatan dalam membantu tugas lurah dibidang pembangunan di kelurahan bukit cermin kota Tanjungpinang meliputi Inspirator pendidikan, Fasilitator lingkungan, Motivator kewirausahaan, Mediator ketertiban, dan inisiator pembangunan. Kemudian yang menghambat peranan lembaga kemasyarakatan dalam membantu tugas lurah dibidang pembangunan seperti minimnya dukungan dari pemerintah daerah, tidak terjadi proses kaderisasi yang baik, dan ketidakmerataan dalam pembinaan lembaga kemasyarakatan. Hambatan itu terjadi dikarenakan Pemerintahan Daerah Kota Tanjungpinang baru mengeluarkan Peraturan Daerah tentang Lembaga Kemasyarkatan pada Tahun 2016, sehingga pada tahun-tahun sebelumnya untuk Kota Tanjungpinang hanya mengacu langsung pada Peraturan Menteri Dalam Negeri Republik Indonesia Nomor 5 Tahun 2007 tentang Pedoman Penataan Lembaga Kemasyarakatan tanpa peraturan lebih khusus Kata Kunci: peranan, lembaga kemasyarakatan, pembangunan

scholarly journals Factors of corruption with reference to the situation in the Republic of Serbia

2021 ◽  
Vol 63 (3) ◽  
pp. 145-162
Author(s):  
Aleksandar Sakač
Keyword(s):  
Rule Of Law ◽  
Modern Society ◽  
Limited Resources ◽  
The Rule Of Law ◽  
Development Path ◽  
Democratic State ◽  
The Subject ◽  
The Republic ◽  
Corrupt Behavior ◽  
Almost All

Corruption is one of the most dangerous phenomena of modern society. Woven into the pores of almost all states, institutions and systems to a greater or lesser extent, it deserves as such to be the subject of research. The characteristics of corruption indicate a recognizable form of corrupt behavior, while the causes direct attention to the source of the problem, directing limited resources to preventive rather than, somewhat outdated, repressive behavior. Factors of corruption, which are numerous, are limited to those that are recognized as the most important and at the same time the biggest catalysts for the development of corruption. Timely focusing on the factors of corruption enables the updating of existing and finding new mechanisms by which corruption can be reduced to a level that enables the functioning of the rule of law and a democratic state system. As a country that has gone through periods of war and transition, and that is still on its development path, Serbia is an excellent ground for finding conclusions about the validity of existing and finding new anti-corruption measures.

scholarly journals Konstitusionalitas Ancaman Pidana Terhadap Kejari (Penetapan Status Barang Sitaan dan Prekursor Narkotika)

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Emir Ardiansyah ◽  
Ulya Kencana ◽  
Romli SA
Keyword(s):  
Rule Of Law ◽  
Secondary Data ◽  
The State ◽  
Constitutional Rights ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Role Of The State ◽  
The Status ◽  
The Republic

Studies on the constitutionality of criminal threats against the Attorney General's Office (Head of the State Prosecutor's Office) in determining the status of confiscated narcotics and narcotic precursors, based on the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, it is very necessary to do so. The regulation has an over-criminalization nuance that is detrimental to the constitutional rights of the Kejari. The research aims to analyze the role of the state in protecting the constitutional rights of the Kejari within the rule of law framework. The scope of the research describes the structure of values or norms in statutory regulations and the principles it adheres to. Legal principles are used in interpreting the Narcotics Law by linking it to the rule of law framework. The research method is normative legal research using secondary data. The results of the research revealed that the provisions in Article 141 and Article 91 paragraph (1) of the Narcotics Law have the potential to violate the constitutional rights of the Kejari. because it is not in accordance with the protection of constitutional rights in the institutional structure of the prosecutor's office, which may not be intervened in criminal law enforcement. In conclusion, the state plays a major role in implementing the protection of the constitutional rights of citizens and Kejari officials. The state is obliged to fulfill, respect and protect the constitutional rights of citizens. Institutionally, the state synergizes with the prosecutor's office must affirm the ethical and administrative areas concretely and limitatively, so as not to cause obscurity of norms and excessive criminalization of non-criminal acts to become criminal acts.

Access to, and Provision of, Legal Information in the Transition from Communism to Democracy in Estonia

2006 ◽  
Vol 6 (2) ◽  
pp. 113-119
Author(s):  
Julia Laffranque
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Order ◽  
Private Law ◽  
Public And Private ◽  
Legal Information ◽  
The Rule Of Law ◽  
Democratic State ◽  
Penal Law ◽  
The Republic

The Estonian legal system has over the last decade and a half undergone a tremendous change. Quite often we have had to start from almost nothing and to develop our law very fast compared to societies with long lasting traditions of stable and well established democracy where similar reforms have taken hundreds of years instead of ten. The years that have passed since the reestablishment of Estonia's independence are characterised by reforms of the legal system, preparation for them, and finally their implementation. All these activities have stemmed from a single underlying idea - to develop a legal order appropriate to a democratic state based on the rule of law. Reforms in public and private law as well as in penal law were finalised ten years after the entry into force of the Constitution of the Republic of Estonia in 1992.

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