scholarly journals MENGGUGAT PUTUSAN MAHKAMAH KONSTITUSI TENTANG PENCALONAN MANTAN NARAPIDANA DALAM PEMILU

2020 ◽  
Vol 35 (2) ◽  
Author(s):  
Jamaludin Ghafur
Keyword(s):  
Criminal Code ◽  
Primary Sources ◽  
The Political ◽  
Constitutional Court ◽  
Political Rights ◽  
Election Law ◽  
Law System ◽  
The Public ◽  
Secondary Sources ◽  
Civil Law System

The constitutional court through its decision No. 42 / PUU-XIII / 2015 states that all ex-convicts may run in elections as long as their political rights are not revoked by the court. They are only required to honestly and openly announce to the public about their convict status. according to the Court, the limitation and even revocation of the political rights of ex-convicts must not be carried out by lawmakers through legislation instruments but must be with a court decision as regulated in Article 35 paragraph (1) number 3 of the Criminal Code. This decision is not entirely correct for two reasons. First, Indonesia as a country that adheres to a continental European legal system (civil law system), the law has a higher position as a source of law (primary sources of law). Whereas the court's decision only as one of the secondary sources of law. Second, the conflict between the Election Law and the Criminal Code should be resolved according to the lex specialis derogat legi generalist principle. Thus, the prohibition for ex-convicts to run for the election as regulated in the Election Law should be interpreted as a specialist regulation so that it can override the provisions contained in the Criminal Code.

scholarly journals URGENSI PEMBARUAN KITAB UNDANG-UNDANG HUKUM PIDANA : ANALISIS KAJIAN PERKARA NOMOR 46/PUU-XIV/2016

2017 ◽  
Vol 1 (1) ◽  
pp. 72-86
Author(s):  
Endang Nur Ulfah
Keyword(s):  
Judicial Review ◽  
Criminal Code ◽  
Penal Code ◽  
Constitutional Court ◽  
The Public ◽  
Colonial Legacy ◽  
Three Stages ◽  
Sense Of Justice ◽  
Needle Analysis ◽  
Code Reform

Kitab Undang-undang Hukum Pidana atau biasa disebut dengan KUHP adalah warisan kolonial Belanda yang diberlakukan di Indonesia melalui asas konkordasi dan disahkan melalui UU Nomor 1 Tahun 1946 serta diberlakukan untuk umum melalui UU Nomor 73 Tahun 1958. Artinya, KUHP yang sedang berlaku bukan terbentuk sesuai dengan karakteristik masyarakat Indonesia meskipun ada penyesuaian, itu dianggap tidak cukup. Karena itu, pembaruan KUHP secara universal juga perlu dilaksanakan agar kontras dengan bangsa Indonesia. Pengajuan permohonan uji materiil terhadap pasal dalam KUHP dengan Nomor Perkara 46/PUU-XIV/2016 merupakan gambaran bahwa pembaruan KUHP juga dikehendaki oleh masyarakat banyak. Artikel ini dibuat bertujuan untuk menggambarkan betapa lapuknya KUHP dan memberikan pengetahuan kepada pihak yang berkepentingan untuk menyegerakan pembaruan. Metode pengumpulan data dalam penelitian ini melalui tiga tahap. Pertama, wawancara dengan ahli yaitu peneliti-peneliti MK RI. Kedua, studi kepustakaan untuk memperkuat jarum analisis betapa urgennya suatu pembaruan. Ketiga, obserasi yang dilakukan selama proses persidangan perkara. Salah satu kewenangan Mahkamah konstitusi adalah menguji Undang-Undang terhadap Undang-undang Dasar. Dalam permohonan tersebut, Pasal 284 ayat (1), (2), (3), (4), (5), Pasal 285, dan Pasal 292 KUHP menggambarkan bahwa betapa pentingnya pembaruan KUHP karena keidaksesuaian ruh yang ada didalamnya. Pasal-pasal tersebut dipandang sudah sangat urgen untuk diubah. Pembaruan KUHP secara universal sangat urgen untuk disegerakan karena ini dapat menjadi faktor kriminogen bagi masyarakat dan dapat mencederai rasa keadilan. Harapannya Mahkamah Konstitusi dapat menjawab kebutuhan masyarakat tentang suatu hukum yang benar-benar hidup dalam masyarakat.The Penal Code or commonly called KUHP is the Dutch colonial legacy that prevailed in Indonesia through the principle of concordance and legalized with The Constitusion No. 1 of 1946 and enacted for the public through The Constitution No. 73 of 1958. Its means, Criminal Code that are applicable not formed by the characteristics of Indonesian society although there was an adjustment, it was not enough. Therefore, the universally Criminal Code reform should be carried out to contrast with the nation of Indonesia. The submission of judicial review of the clause of the Criminal Code with Case No. 46 / PUU-XIV / 2016 is a representation that reformation of Criminal Code is also desired by many people. This report aims to describe how old the Criminal Code is and provide the knowledge to interested parties to hasten the reform.The method of collecting data in this report through three stages. First, interviews with experts that researchers in The Constitutional Court of Indonesia. Second, the study of literature to strengthen a needle analysis of how the urgency of reform. Third, observation that committed during court proceedings.The one of authority of the Constitutional Court is reviewing the Constitution. In the petition, Article 284 paragraph (1), (2), (3), (4), (5), Article 285 and Article 292 illustrates how important reform the Penal Code because there is unsuittable spirit inside. Such articles deemed to have been very urgent to be changed. Reformation Penal Code universally is very urgent to be expedited because this can be a kriminogen factors for society and can injure the sense of justice. Hopefully the Constitutional Court can answer the necessary of community on a law that actually live in the community.

Canada—Nova Scotia

2015 ◽  
Author(s):  
Alex Ruck Keene ◽  
QC Alison Scott Butler
Keyword(s):  
Nova Scotia ◽  
Civil Rights ◽  
Federal Government ◽  
Common Law ◽  
Civil Law ◽  
Political Rights ◽  
Canadian Charter ◽  
Law System ◽  
The Common ◽  
Civil Law System

Canada is a federation composed of ten provinces, including Nova Scotia (‘NS’), and three territories. The common law applies in Canada, with the exception of the province of Quebec, which uses a civil law system. There is a federal government; as a province, NS also exercises constitutional powers in its own right. Federal legislation includes provisions relating to adults within the scope of this work. The Canadian Charter of Rights and Freedoms also guarantees certain political rights to Canadians and civil rights to everyone in Canada, and contains rights that impact upon capacity law.

scholarly journals “Halal” Abortion in Perspective Common Law system,Civil Law System and Ius Constituendum : Towards Legality and Safety

2020 ◽  
Vol 1 (2) ◽  
pp. 17-24
Author(s):  
Sardjana Atmadja
Keyword(s):  
Unintended Pregnancy ◽  
Common Law ◽  
Civil Law ◽  
Unsafe Abortion ◽  
Law System ◽  
The Public ◽  
Post Abortion Care ◽  
Common Law System ◽  
Post Abortion ◽  
Civil Law System

Background: To safe services in hygienic conditions must be made widely available and affordable, so that the stigma associated with providing and obtaining abortions can lessen and safe services can become normal and accepted, abortion is broadly legal, widely available and safe in Indonesia.Objective: The purpose of this article to discuss ius constituendum on abortion in Indonesia from criminal law perspective between Common Law System and Civil Law System.In Indonesia Ius Contituendum on abortion  is not directed to legalization of abortion as carried out both in Netherland and USA but tends to be harmonized with therapeutic abortion concept both medical and psychiatric fields.Material and Method: Systematic review of studies evaluating the prevalence of unsafe abortion in Indonesia.Results: The public health tragedy caused by unsafe abortion is all the more so because it is largely preventable, by improving the quality and availability of post abortion care, by making abortion legal and increasing access to safe services, and—because almost every abortion is preceded by an unintended pregnancy—by expanding access to contraceptive information and services. Restrictive laws have much less impact on stopping women from ending an unwanted pregnancy than on forcing those who are determined to do so to seek out clandestine means. Ironically, the abortion laws governing of Indonesia  is holdovers from the colonial era.Conclutions:  “Halal” abortion is making a significant contribution toward reducing the need for abortion altogether and the likelihood of unsafe abortion by bringing down the rates of unintended pregnancy. This is also helping to reduce complications of unsafe abortion through its support for programs to increase access to and improve post abortion care. This includes not only treatment for septic or incomplete abortion, but also essential post abortion.Keywords: “Halal” abortion, the public health tragedy, unintended pregnancy Common law system,Civil law system and Ius Constituendum.

scholarly journals Whistleblowing in a Depraved Nigerian Economy: Challenges and Prospects

2019 ◽  
Vol 7 (2) ◽  
pp. 1 ◽  
Author(s):  
Ayamba, Itojong Anthony
Keyword(s):  
Study Data ◽  
Financial Resources ◽  
The Political ◽  
National Assembly ◽  
The Public ◽  
Secondary Sources ◽  
Religious Conflicts ◽  
Private And Public ◽  
Almost All ◽  
Political Economic

Corruption in Nigeria, as in several other countries across the globe, is a serious scourge that continues to expose the country to developmental setbacks in the political, economic and social facets. Apart from the unquantifiable financial resources lost annually to corruption in the private and public sectors, almost all of Nigeria’s security, social, ethnic, political and religious conflicts can be traced to corruption directly or indirectly. Whistleblowing, as an anti-corruption mechanism, has proven to be effective in many parts of the world. This paper, from a background of rentierism, attempts to examine the epistemology of Nigeria’s whistleblowing policy as well as the effectiveness, limitations, and justifications for the enhancement of the policy. The descriptive design was employed as the methodology of the study. Data were obtained mainly from secondary sources. The Theory of Two Publics was employed as theoretical framework for the study. The paper identifies insufficient legal knowledge, fear of reprisals, lack of meaningful litigation, prebendalism/loyalty provisions, and cultural and historical barriers as some of the challenges of whistleblowing in Nigeria. The paper submits that the policy, though a viable one, but yet to get the backing of an enabling law as at the time of this study, should be delicately formulated, assertively promoted to the public, and speedily sent to the National Assembly for consideration and passage.

scholarly journals On the Concepts of the “Family” and the “Household” in the Political Theory of Jean Bodin

2019 ◽  
Vol 18 (4) ◽  
pp. 130-148
Author(s):  
Gulnara Bayazitova
Keyword(s):  
Political Theory ◽  
The Political ◽  
Ancient Rome ◽  
The Public ◽  
Secondary Sources ◽  
Jean Bodin ◽  
The Family ◽  
History Of ◽  
The Difference ◽  
The Republic

The article examines the tradition of formation of the concepts “family” (famille) and “household” (ménage) in the political theory of the French lawyer, Jean Bodin. The article looks into different editions of Six Books of the Commonwealthto explore the connotations of the key concepts and the meaning that Bodin ascribed to them. As secondary sources, Bodin uses the works by Xenophon, Aristotle, Apuleus, and Marcus Junianus Justin, as well as the Corpus Juris Civilis. Bodin examines three different traditions, those of Ancient Greece, Ancient Hebrew, and Ancient Rome. Each of these traditions has its own history of the concepts of the “family” and of the “household”. Bodin refers to ancient traditions for polemics, but eventually offers his own understanding, not only of the concepts of “famille” and “ménage”, but also of the term «République», defined as the Republic, a term that (with some reservations) refers to the modern notion of state. The very fact that these concepts are being used signifies the division of the political space into the spheres of the private and the public. Furthermore, the concepts of the “family” and of the “household” are key to understand the essence of sovereignty as the supreme authority in the Republic. The author concludes that the difference between Bodin’s concepts of the “family” and the “household” lies not only in the possession of property and its legal manifestation, but also in the fact that the “household” is seen by Bodin as the basis of the Republic, the first step in the system of subordination to the authority.

scholarly journals Kebijakan Pendidikan Sebagai Kebijakan Publik dalam Sistem Politik di Indonesia

2017 ◽  
Vol 2 (1) ◽  
pp. 78-91
Author(s):  
Maskuri Maskuri
Keyword(s):  
Education Policy ◽  
Education System ◽  
Political System ◽  
The Political ◽  
Constitutional Court ◽  
Governance System ◽  
Reform Era ◽  
The Public ◽  
History Of ◽  
Political Configuration

In the history of Indonesian, education policy has always been dynamic. Before independence until the reform era of education policy can not be separated from the political system. We know that education policy as part of education policy is a political product. Political configuration in every era of state political leadership has always changed according to the political wind and the configuration of political rulers. However, forces outside the governance system, such as educational community groups, will give color to the education system. When the political system demands the centralization of power, the education system will also concentrate on a centralized government. With the flow of reforms, it has spawned many changes in the education system. Several articles, even the law which, according to the public, lack attention to the aspect of education itself, are sued to the Constitutional Court. Along with the policy of regional autonomy, education policy must be able to adjust to the development of society in autonomous regions. This necessarily requires the creativity of leaders in the region in terms of promoting education in the region in accordance with the aspirations of the community.

scholarly journals RESTRICTIONS OF THE POLITICAL RIGHTS AND FREEDOMS: REGULATORY GROUNDS, MECHANISM OF IMPLEMENTATION

2020 ◽  
pp. 18-24
Author(s):  
O. Kosilova
Keyword(s):  
Human Rights ◽  
Well Being ◽  
The State ◽  
General Nature ◽  
The Political ◽  
Constitutional Court ◽  
Political Rights ◽  
Process Implementation ◽  
Basic Law ◽  
The Right

The article examines the problem of restriction of political rights and freedoms. It is emphasized that the protection against unlawful restrictions on political rights and freedoms is particularly important for the functioning of direct and mediatory democracy. The meaning of the concept of «restriction of rights and freedoms» is analyzed. The article addresses the basic principles which should not be violated when the restriction of rights and freedoms is applied. To achieve this goal, the author analyzes the rules of domestic law, the practice of the Constitutional Court of Ukraine, the rules of international law governing these issues. The author differentiates political rights and freedoms into those that may be restricted in accordance with the provisions of the Basic Law of Ukraine and those that are not subject to any restrictions; features of realization of political rights and freedoms in comparison with other groups of rights, such as social and economic, cultural are defined. Some of the political rights and freedoms that may be restricted are analyzed and ways to restrict them are identified, in particular: the right to join political parties, suffrage, the right to peaceful assembly, rallies, marches and demonstrations, the right to equal access to public service, freedom words, thoughts, views and beliefs. It is noted that from the standpoint of the ECHR it is important to check whether the possibility of restricting the exercise of the right was provided by law; whether the purpose of such a restriction is legitimate; whether such a restriction is necessary in a democratic society. The legitimate grounds for restricting human rights enshrined in the Constitution of Ukraine have been identified: public health; social necessity; rights, freedoms and dignity of citizens; public order; economic well-being; national security; territorial integrity; morality of the population. It is emphasized that in accordance with the practice of the Constitutional Court of Ukraine, the restriction of the content and scope of rights and freedoms should be considered as a restriction. It is important that all restrictions were established exclusively by the constitution; were not arbitrary and unjust; the law restricting human rights must be of a general nature; restrictions must be proportionate and justified; they must optimally achieve a legitimate goal with minimal interference in the exercise of rights or freedoms, not to violate the essential content of the relevant right. It is determined that special qualification requirements for holding public positions, as well as participation in the electoral process (implementation of active and passive suffrage) cannot be considered restrictions. It is emphasized that the state, represented by its organs, should refrain from unjustified interference with political rights (for example, from discriminatory restrictions on the suspension of political rights of prisoners, violation of electoral secrecy of the ballot); take measures against possible violations of political rights by third parties (individuals, companies, etc.). It is concluded that restrictions on the exercise of political rights of individuals can be introduced either in favor of guaranteeing the rights of other individuals, or in favor of ensuring the functioning of the state. The legitimate exercise of political rights can be restricted only if the general conditions for interfering with fundamental human rights are met.

scholarly journals NOVO MARCO LEGAL PARA A MINERAÇÃO E SUAS IMPLICAÇÕES PARA A ATIVIDADE MINERÁRIA NO BRASIL SOB A LUZ DA JUSTIÇA AMBIENTAL

polemica ◽  
2018 ◽  
Vol 18 (3) ◽  
pp. 033-053
Author(s):  
Virgínia Maria Canônico Lopes ◽  
Marcelo Leles Romarco de Oliveira
Keyword(s):  
Environmental Justice ◽  
Political Process ◽  
Legal Framework ◽  
Primary Sources ◽  
The Political ◽  
Critical Essay ◽  
Secondary Sources ◽  
Brazilian Government ◽  
Documentary Analysis ◽  
The Subject

Resumo: Este estudo analisou o Decreto nº 9.406 de 12 de junho de 2018, para tecer um ensaio crítico sobre a abordagem legislativa acerca das normas minerárias no Brasil, após as mudanças políticas ocorridas em 2016. Neste caso, referenciado pela expectativa de um Novo Marco Legal para a Mineração no Brasil, o estudo permeia a discussão sobre a justiça ambiental, em meio ao processo político e à condução política das questões minerárias. Metodologia: foi realizada uma análise bibliográfica e documental. Documentos em arquivos oficiais, como o próprio decreto em evidência, foram tratados como fontes primárias de pesquisa. As fontes secundárias foram os estudos sobre o tema, reunidos em obras literárias. Concluiu-se que a condução política do projeto mineral no governo brasileiro, à luz da justiça ambiental, ficou relegada ao segundo plano.Palavras-chave: Mineração. Governo. Justiça Ambiental.Abstract: This study analyzed Decree No. 9,406 of June 12, 2018 to provide a critical essay on the legislative approach to mining standards in Brazil, following the political changes in 2016. In this case, referenced by the expectation of a New Legal Framework for Mining in Brazil, the study permeates the discussion on environmental justice in the midst of the political process and political conduct of mining issues. Methodologically, a bibliographic and documentary analysis was carried out. Documents in official archives, such as the decree itself, were treated as primary sources of research. The secondary sources were the studies on the subject collected in literary works. The political conduct of the mineral project in the Brazilian government in the light of environmental justice is relegated to the background.Keywords: Mining. Government. Environmental Justice.

For whom does the bell toll: a political analysis of criticisms of the Hawthorne studies

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Jeffrey Muldoon ◽  
Eric W. Liguori ◽  
Steve Lovett ◽  
Christopher Stone
Keyword(s):  
Management Practice ◽  
Political Context ◽  
Primary Sources ◽  
The Political ◽  
Political Climate ◽  
Content Type ◽  
Political Issues ◽  
Secondary Sources ◽  
Political Analysis ◽  
Conservative Coalition

Purpose This paper aims to analyze the political background of the Hawthorne criticisms, positing that the political atmosphere of the 1940s, influenced by the decline of the new deal liberalism and the rise of the conservative coalition, stimulated scholars to challenge the Hawthorne studies. Design/methodology/approach Primary sources used in the guise of archival commentaries, journal articles and other published works (books and book chapters). Secondary sources are offered to provide additional insight and context. Findings The findings show that politics unnecessarily discredited Mayo. As a result, contemporary scholars failed to recognize Mayo’s work as an important part of the basis for modern management theory. Research limitations/implications The purpose of the research is to look into the political context of the Hawthorne studies to understand how management practice and research is impacted by ongoing political issues. Originality/value To date, no work has fully accounted for or understood the political climate of the time in considering the criticisms of the Hawthorne studies. By more fully understanding the political context, scholars can reevaluate the weight they place on the then criticisms of the Hawthorne studies.

Canada—Alberta

2015 ◽  
Author(s):  
Claire van Overdijk ◽  
Barb Martini
Keyword(s):  
Civil Rights ◽  
Federal Government ◽  
Common Law ◽  
Civil Law ◽  
Federal Legislation ◽  
Political Rights ◽  
Canadian Charter ◽  
Law System ◽  
The Common ◽  
Civil Law System

Canada is a federation composed of ten provinces, including Alberta, and three territories. The common law applies in Canada, with the exception of the province of Quebec, which uses a civil law system. While there is a Federal Government, Alberta, as a province, also exercises constitutional powers in its own right. Federal legislation includes provisions relating to adults within the scope of this work. The Canadian Charter of Rights and Freedoms also guarantees certain political rights to Canadians and civil rights to everyone in Canada, and contains rights that impact upon capacity law.

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