scholarly journals Teori Hukum Pidana Minimalis dari Douglas Husak: Urgensi dan Relevansi

2021 ◽  
Vol 4 (1) ◽  
pp. 245-279
Author(s):  
Mahrus Ali ◽  
M. Arif Setiawan
Keyword(s):  
United States ◽  
Criminal Law ◽  
The United States ◽  
The State ◽  
Risk Prevention ◽  
Legal Philosophy ◽  
Federal State ◽  
Minimalist Theory ◽  
Severity Of Punishment ◽  
Douglas Husak

Douglas Husak has been widely known, especially in the United States and Europe, as a leading theorist who combines the disciplines of legal philosophy and criminal law. Most of his writings were directed at the use of the coercive means of the state through criminal law as minimum as possible. The minimalist theory of criminal law that he coined was motivated by the phenomenon of the increasing number of acts criminalized in the United States Federal State Law in which the majority related to offenses of risk prevention causing overcriminalization. To prevent this, criminal law must be placed as a last resort. The state’s decision to criminalize an act must pay attention to internal and external constraints. The first includes the nontrivial harm or evil constraint, the culpability of the actor, and the proportionality of punishment, while the second is related to the substantiality of the state’s authority to punish. The thought is relevant to be adopted in the criminalization policy in Indonesia, especially regarding the principle of the blameworthiness of conduct, the severity of punishment must weigh the dangerousness of the (actor) offenses, and criminalization should not be taken if other means are equally effective or even more effective to achieve the goal. Abstrak Douglas Husak dikenal luas terutama di Amerika Serikat dan Eropa sebagai teoretisi terkemuka yang menggabungkan antara disiplin filsafat hukum dan hukum pidana. Tulisan-tulisan Husak kebanyakan diarahkan pada penggunaan sarana koersif negara melalui hukum pidana seminimal mungkin. Teori hukum pidana minimalis yang dicetuskannya dilatarbelakangi fenomena semakin banyaknya perbuatan-perbuatan yang dikriminalisasi dalam undang-undang Negara Federal Amerika dan mayoritas terkait offenses of risk prevention sehingga menimbulkan kelebihan kriminalisasi. Untuk mencegahnya, hukum pidana harus ditempatkan sebagai sarana terakhir. Keputusan negara untuk mengkriminalisasi suatu perbuatan harus memperhatikan pembatas internal dan pembatas eksternal. Yang pertama meliputi sifat jahat dan dampak kerugian/kerusakan yang begitu serius dari dilakukannya suatu tindak pidana, kesalahan pembuat, dan proporsionalitas pidana; sedangkan yang kedua terkait substansialitas kewenangan negara untuk memidana. Pemikiran Husak relevan untuk diadopsi dalam kebijakan kriminalisasi di Indonesia terutama menyangkut prinsip ketercelaan suatu perbuatan, penetapan beratnya ancaman pidana mengacu pada seriusitas delik dan kesalahan pembuat, dan kriminalisasi tidak boleh ditempuh jika cara-cara lain sama efektif atau bahkan lebih efektif untuk mencapai tujuan.

Is This the Care We Need?: An Examination of Childcare Policy in Pennsylvania

Commonwealth ◽  
2017 ◽  
Vol 19 (2) ◽  
Author(s):  
Jennie Sweet-Cushman ◽  
Ashley Harden
Keyword(s):  
United States ◽  
Child Care ◽  
Current System ◽  
The United States ◽  
The State ◽  
Federal State ◽  
Women And Politics ◽  
Richard Nixon ◽  
State And Local ◽  
Childcare Policy

For many families across Pennsylvania, child care is an ever-present concern. Since the 1970s, when Richard Nixon vetoed a national childcare program, child care has received little time in the policy spotlight. Instead, funding for child care in the United States now comes from a mixture of federal, state, and local programs that do not help all families. This article explores childcare options available to families in the state of Pennsylvania and highlights gaps in the current system. Specifically, we examine the state of child care available to families in the Commonwealth in terms of quality, accessibility, flexibility, and affordability. We also incorporate survey data from a nonrepresentative sample of registered Pennsylvania voters conducted by the Pennsylvania Center for Women and Politics. As these results support the need for improvements in the current childcare system, we discuss recommendations for the future.

GOVERNMENT FUNDING FOR AGRICULTURAL RESEARCH IN THE UNITED STATES

2021 ◽  
Vol 3 (197) ◽  
pp. 9-16
Author(s):  
V.N. Minat ◽  
Keyword(s):  
United States ◽  
Structural Changes ◽  
Agricultural Research ◽  
The United States ◽  
Government Funding ◽  
Agricultural Science ◽  
The State ◽  
Federal State ◽  
State Financing ◽  
Effective Development

The innovation-oriented effective development of US agriculture is determined by the quantity and quality of the implemented results of agricultural research, funded by the main funds holder – the state. The purpose of the study is to identify trends in government funding of agricultural science in the United States. The rationale for these trends is considered in the unity of the dynamics and structure of state financing of agricultural research in 1889–2019 and the system characteristics of this process as an economic phenomenon. Using the techniques of statistical-economic and abstract- logical methods of research, combined with a historical approach to the subject of study, the author obtained empirical results reflecting the dynamics of structural changes in the state financing of agricultural research in the United States in different time periods. The trends towards regionalization of agricultural science subsidies within the federal state are also identified.

FEDERALISM: THE CONDITIONS FOR THE POSSIBILITY OF THE FORMATION AND MAIN CHARACTERISTICS

2015 ◽  
Vol 1 (4) ◽  
pp. 0-0
Author(s):  
. Паулу Роберту Барбоса Рамос ◽  
. Paulu Robertu Barbosa Ramos
Keyword(s):  
United States ◽  
Central Government ◽  
Political Power ◽  
The United States ◽  
The State ◽  
Federal State ◽  
Constitutional Court ◽  
Federal States ◽  
The Usa ◽  
The Government

The author analyzes the issues of appearance and consolidation of the idea of federalism in the Constitution of the various states and examines the characteristics of federalism. The Confederate state model has failed in the United States, as could not find a political formula that could justify the possibility of execution by the central government of its functions with the greatest efficiency. The adoption of a new formula for the exercise of political power in the USA by choosing representatives as well as the gradual accession of Member States allowed the US to overcome the disadvantages of the confederate model, which made it impossible to peaceful coexistence and effective state. The term “federal state” first appeared in German literature as most accurately reflects the context and the difference with the concept of “confederation”. As a new form of organization of the state a federal state was seen in the United States, and later in Sweden, Germany and Brazil. Despite the fact that the Americans are the creators of the phenomenon of federalism, the Constitution of the United States of 1787 does not contain any mention of the federation, federalism, or federal states. In any case, nothing takes away from the merits of Americans in the “invention of the formula” of federalism, which has undergone some changes depending on the location and the conditions which apply. The government, which wants to be called a federal, must have a constitution, two spheres of political power, the incoming participants must have a certain autonomy, as well as the opportunity to participate in the decisions of the central government also requires the Constitutional Court to deal with emerging conflicts. The federal system has made a great contribution to the history of mankind: the decision of the state of conflict with the help of legal organization, for which all parties recognize the right of the last word in matters of distribution of powers between the States.

Development of the Concepts for Providing Close Air Support

2020 ◽  
Vol 26 (1) ◽  
pp. 64-74
Author(s):  
Hristov Manush
Keyword(s):  
United States ◽  
Air Force ◽  
The United States ◽  
Second World War ◽  
The State ◽  
World War ◽  
Present Stage ◽  
Combat Experience ◽  
Second World

AbstractThe main objective of the study is to trace the perceptions of the task of an aviation component to provide direct aviation support to both ground and naval forces. Part of the study is devoted to tracing the combat experience gained during the assignment by the Bulgarian Air Force in the final combat operations against the Wehrmacht during the Second World War 1944-1945. The state of the conceptions at the present stage regarding the accomplishment of the task in conducting defensive and offensive battles and operations is also considered. Emphasis is also placed on the development of the perceptions of the task in the armies of the United States and Russia.

Studies of Islam, Economics, and Governance

1994 ◽  
Vol 11 (1) ◽  
pp. 38-70
Author(s):  
Florence Eid
Keyword(s):  
United States ◽  
Ford Foundation ◽  
The United States ◽  
The State ◽  
Edward Said ◽  
The Subject ◽  
State Of Research ◽  
Traditional Approaches ◽  
Islamic Values

IntroductionThis paper is a report on the state of research in two areas of Islamicstudies: Islam and economics and Islam and governance. I researched andwrote it as part of my internship at the Ford Foundation during the summerof 1992. On Discourse. The study of Islam in the United States has moved far beyondthe traditional historical and philological methods. This is perhapsbest explained by the development of analytically rigorous social sciencemethods that have contributed to a better balance between the humanisticconcerns of the more traditional approaches and efforts at systematizingthe study of Islam and classifying it across boundaries of communities,religions, even epochs. This is said to have s t a d with the developmentof irenic attitudes towards Islam, which changed the direction of westemorientalist writings from indifference (at best) and often open hostility toand contempt of Islamic values (however they were understood) to phenomenologicalworks by scholars who saw the study of Islam as somethingto be taken seriously and for its own sake, which is best exemplifiedby Clifford Geertz's Islam Observed.The work of Edward Said contested this evolution, and the publicationof his Orientalism has been described as "a stick of dynamite"' that,despite its impact in mobilizing a reevaluation of the field, was unwarrantedin its pessimism. In any case, the field has continued to evolve,with the most powerful force moving it being the subject itself. Thephenomenological/orientalist approach, if we can point to one today, ...

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