scholarly journals Aktualisasi Pancasila sebagai Sumber Hukum dalam Pembentukan Undang-Undang

2020 ◽  
Vol 3 (2) ◽  
pp. 377-407
Author(s):  
Arfa'i Arfa'i ◽  
Bahder Johan Nasution ◽  
Febrian Febrian
Keyword(s):  
Legal System ◽  
Vital Role ◽  
Positive Law ◽  
The Law

In the Indonesian legal system, Pancasila is the source of all sources of law, the basis of the national law, and functions as rechtsidee. With such a position, all positive laws should reflect and be in line with Pancasila values. This article aims at exploring how Pancasila values actualized in the legislation of law. This article demonstrates that despite the vital role of Pancasila as long the legislation of law  is concerned, there are no clear indicators and variables indicating that a law has reflected and been in line with Pancasila values. It is also found that there is no model or mechanism for testing whether the law which under legislation has been appropriate and conformed with Pancasila. The current indicators and variables are the ones set by the Agency for National Law Development (BPHN) and the Agency for Pancasila Ideology Education (BPIP), and are used to evaluate a positive law. In fact, they are not the ones intended to to evaluate a law which is currently in the level of legislation. This article argues that in order to actualize Pancasila values in the established law, indicators and variables regarding Pancasila values need to be regulated in a law. Besides, it is encouraged that the evaluation and testing mechanisms be implemented during legislation process. Abstrak Dalam sistem hukum Indonesia, Pancasila merupakan sumber dari segala sumber hukum, dasar hukum nasional, dan cita hukum. Dengan kedudukan yang demikian itu, maka sudah seharusnya semua hukum yang dibentuk mencerminkan atau selaras dengan nilai-nilai Pancasila. Artikel ini bermaksud menelusuri bagaimana nilai-nilai Pancasila diaktualisasi dalam pembentukan suatu undang-undang. Dalam artikel ini ditunjukkan, sekalipun Pancasila memiliki peran yang sangat penting bagi suatu undang-undang yang dibentuk, ternyata belum ada indikator dan variabel tentang undang-undang yang mencerminkan atau selaras dengan nilai-nilai Pancasila. Artikel ini juga menunjukkan, belum ada model atau mekanisme pengujian apakah undang-undang yang sedang dalam tahap pembentukannya telah sesuai dan selaras dengan Pancasila. Indikator dan variabel yang ada sejauh ini ialah yang ditetapkan oleh Badan Pembinaan Hukum Nasional dan Badan Pembinaan Ideologi Pancasila, dan digunakan untuk mengevaluasi suatu undang-undang yang telah berlaku, bukan yang sedang dalam tahap pembentukannya. Karena itu, agar nilai-nilai Pancasila semakin teraktualisasi dalam undang-undang yang dibentuk, maka indikator dan variabel tentang nilai-nilai Pancasila perlu diatur dalam undang-undang, dan mekanisme evaluasi dan pengujiannya perlu didorong agar dapat dilakukan pula pada saat undang-undang sedang dalam tahap pembentukannya.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

The gypsy’s lot: myth and reality

2017 ◽  
Author(s):  
Robert Jago
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Lived Experiences ◽  
European Court ◽  
The Law ◽  
The Uk ◽  
The Relationship

This chapter focuses on the lived experiences of gypsies (collectively referred to as gypsies rather than Roma or travellers). The author argues that the relationship between the legal system and the specific lifestyle of this group is itself causing many tensions which cannot be separated from the long-held myths about gypsies. Jago shows how the standing of gypsies in the UK legal system has, in turn, become the object of various myths. He demonstrates how judgements by the European Court of Human Rights in favour of gypsy claims created in many an image of the law being always on the side of the gypsy. A perception which Jago demonstrates is far from true. After addressing the nature and role of myths in general the author illustrates the tension between positive, romanticised myths about the freedom of gypsy lifestyle and three derogatory myths, namely gypsies as "child-snatchers", as thieves and as "land grabbers". Jago illustrates that these myths are linked to deep-rooted beliefs around property and its ownership.

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 16 Morocco: Moroccan Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Zaher Khalid
Keyword(s):  
Public Policy ◽  
International Law ◽  
Case Law ◽  
Vital Role ◽  
Private International Law ◽  
Statutory Law ◽  
The Hague ◽  
The Law

This chapter examines Moroccan perspectives on the Hague Principles. In Morocco, the sources of private international law applicable to international commercial contracts are both of a national and an international nature. International sources include mainly treaties and, to a lesser extent, international customs to which the Moroccan courts may refer in particular cases. National sources are statutory law, case law, and scholarly writings. Case law has always played a vital role in the development and the interpretation of the rules applicable to international commercial contracts. It is indeed the role of the courts to determine the scope of law chosen by the parties and to delimit the boundaries of international public policy as a limit to the application of the law chosen by the parties. Moroccan courts consider international customs as important sources in respect of international contracts and arbitration. Having frequently used the universally accepted principles of private international law, Moroccan courts could easily draw on the Hague Principles to find solutions to certain questions that have not been addressed by the legislature.

10 London

2014 ◽  
Author(s):  
Jagusch Stephen ◽  
Triantafilou Epaminontas E
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Court Decisions ◽  
England And Wales ◽  
Recognition And Enforcement ◽  
English Law ◽  
The Law ◽  
Key Aspects ◽  
Laws And Regulations

This chapter summarizes the key aspects of the English legal system with respect to the role of courts in arbitrations seated in England and Wales. First, it highlights the key provisions of relevant English legislation, mainly of the English Arbitration Act of 1996 and the principal court decisions arising under that legislation. Second, it describes the manner in which English law as the law of the seat affects the role of English courts in the course of three discrete stages: before the award, after the award, and during recognition and enforcement. In the process and where necessary, it addresses and ultimately rejects recently articulated concerns questioning the supremacy of England and Wales as an arbitration seat. The chapter concludes that England and Wales possesses a comprehensive and clearly articulated legal framework governing arbitration, and a sophisticated, impartial judiciary with ample experience in complex arbitral disputes and the collateral issues they raise under both English law and foreign laws and regulations. The jurisdiction is distinctly arbitration-friendly, with a keen understanding of the benefits arbitration aims to confer on parties, and the policy considerations such benefits entail.

Feminist Approaches to International Law

1991 ◽  
Vol 85 (4) ◽  
pp. 613-645 ◽  
Author(s):  
Hilary Charlesworth ◽  
Christine Chinkin ◽  
Shelley Wright
Keyword(s):  
Legal System ◽  
Cultural Context ◽  
Legal Theory ◽  
Central Feature ◽  
Legal Analysis ◽  
Feminist Jurisprudence ◽  
The Law ◽  
Immediate Experience ◽  
Political Economic

The development of feminist jurisprudence in recent years has made a rich and fruitful contribution to legal theory. Few areas of domestic law have avoided the scrutiny of feminist writers, who have exposed the gender bias of apparently neutral systems of rules. A central feature of many western theories about law is that the law is an autonomous entity, distinct from the society it regulates. A legal system is regarded as different from a political or economic system, for example, because it operates on the basis of abstract rationality, and is thus universally applicable and capable of achieving neutrality and objectivity. These attributes are held to give the law its special authority. More radical theories have challenged this abstract rationalism, arguing that legal analysis cannot be separated from the political, economic, historical and cultural context in which people live. Some theorists argue that the law functions as a system of beliefs that make social, political and economic inequalities appear natural. Feminist jurisprudence builds on certain aspects of this critical strain in legal thought. It is much more focused and concrete, however, and derives its theoretical force from immediate experience of the role of the legal system in creating and perpetuating the unequal position of women.

scholarly journals Human rights in Muslim law: current issues

2021 ◽  
pp. 12-16
Author(s):  
I.I. Maryniv ◽  
K.R. Malik
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Skin Color ◽  
Islamic Law ◽  
Social Background ◽  
Positive Law ◽  
Muslim Countries ◽  
General Principles Of Law ◽  
The Law ◽  
Islamic Society

The article is devoted to the study of the peculiarities of the legal system of Muslim countries. The author analyzes the essence of the concept of human rights and freedoms in Muslim law, as well as comparative characteristics with the Western legal system. The general principles of law in the Muslim system, due to the peculiarities of its historical formation, establish the criteria of conformity of positive law to the values of a particular society, limiting the action of a law to generally accepted moral criteria. It is noted that certain aspects of Sharia have different meanings for followers of Islam and those who do not adhere to this faith. In a ratio religious and secular rules of conduct operate differently. The author points out that in the theory of Muslim law, all people are equal regardless of their social background, skin color or language. It also speaks of the equality of all before the law and the court, but in practice a completely different situation arises. The article analyzes the disrespect for women's rights and the fact that women are essentially unprotected in Islam. It is noted that human rights, which should be universal in nature, were neglected by delegates to the 1993 UN Human Rights Conference in Vienna. In view of this, Islamic society is faced with the question: either Islam and Sharia, or democracy and human rights. At the same time, no explanation was given as to why one should be chosen over the other. The author proposes to gradually incorporate Muslim law into the law of Western countries, but only with respect for the national and cultural peculiarities of the East. It also highlights the importance of developing categories of human rights in the Muslim legal system, taking into account the standards of the Western concept of human rights and conducting a detailed study of Islamic law, rather than simply adding Western notions of natural human rights to Muslim law.

scholarly journals A CHALLENGING ROLE OF INDIAN JUDICIARY AT CYBER SPACE TO CURB CYBER CRIME AGAINST WOMEN

2021 ◽  
Vol 4 (2) ◽  
pp. 41-49
Keyword(s):  
Human Rights ◽  
Vital Role ◽  
Cyber Crime ◽  
Digital Revolution ◽  
Patriarchal Society ◽  
The World ◽  
Cyber Space ◽  
The Law ◽  
Women In India

The world has entered into a new millennium, but from the dawn of civilization till date, the woman of the patriarchal society of India continues to be oppressed and ill-treated.2 Crime against women have been increasing in all fields. In the era of digital revolution women are not safe at cyber space. In India cybercrime against women have been rapidly increasing in spite of special legislations to protecting women netizen. Judiciary played a vital role in the implementation of the law and its constitutional role to protecting the human rights as per the legislation. The most important duty of the court is to protect human rights, and to give relief to the victim.3The main object of this paper is to analyse the role of Judiciary at cyber space to curb the cybercrime against women in India. This paper is commence with cyber crime’s definition and brief view about that. It also focus on kinds of cybercrime against women in India and brief view on cyber legislation.

scholarly journals Kompetensi Pengadilan Tata Usaha Negara dalam Menyelesaikan Kasus Tanah tentang Hak Pengelolaan

2017 ◽  
Vol 5 (2) ◽  
pp. 108
Author(s):  
Rafiqi Rafiqi
Keyword(s):  
Legal System ◽  
Legal Certainty ◽  
Rights Management ◽  
The Law ◽  
The Right ◽  
Civil Trial ◽  
Civil Courts

<p><em>The Law of Execution in the Administrative Court is different from the law of execution in civil courts. The civil trial of execution law is supplemented by physical means, namely: Jita Sita, aid of State Instruments (Police) and so on, which can force fiction so that the losers obey the court's decision. In the Administrative Court it is not possible, the Administrative Court is only equipped with administrative facilities only, in accordance with its authority which only judges in terms of administrative legality (administrative court). Rights Management issued a letter of proof of rights in the form of a certificate of Right of Management by the Land Office. The management rights are the right to land. The purpose of legal certainty itself will be fulfilled if if a device or legal system that can run and support the achievement of a legal kepolisia, especially the role of institutions that are authorized</em></p>

scholarly journals ISBAT Nikah Melegalkan Pernikahan Sirri Menurut Hukum Positif Dan Hukum Agama (Studi Di Pengadilan Agama Palangka Raya)

2015 ◽  
Vol 15 (1) ◽  
pp. 94-103
Author(s):  
Sanawiah Sanawiah
Keyword(s):  
Islamic Law ◽  
Marriage Law ◽  
Positive Law ◽  
Religious Law ◽  
The Law ◽  
Marriage Laws ◽  
Islamic Marriage ◽  
Legal Marriage ◽  
Laws And Regulations

The purpose of this study was to find out what sirri marriage laws according to Islamic Law and Positive Law, to find harmony and marriage requirements and to find out how the role of Religious Court of Palangka Raya in socialization confirmation marriage. The method used in this research is the method of legal normative. As for the type of research used in this study is inventory regulations that related to confirmation of marriage legalized marriage sirri according to Positive Law and Religious Law. Law wedding sirri results according to Islamic Law and Positive Law, sirri marriage according to Islamic Law illegitimate because it does not have a guardian of marriage, while marriage sirri in the view of the majority of Indonesian society is marriage not recorded but the terms and illegitimate pillars have been met in accordance with Islamic Law. Meanwhile, according to the law of the wedding positive sirri is as where according to Marriage Law in Indonesia if a legal marriage in syar'i then legitimate also according to law "marriage is not recorded" is legal according to the laws and regulations because according to Islamic Marriage Law applicable in Indonesia is based on Article 2 (1) of Law No. 1 of 1974 in conjunction with Article 4 Compilation of Islamic Law (as ius constitutun) in conjunction with Article 3 bill-HM-PA-Bperkw 2007 (as ius constituendum).

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