scholarly journals TITAH RAJA KASULTANAN YOGYAKARTA DALAM PERSPEKTIF TEORI BESLISSINGENLEER TER HAAR

2020 ◽  
Vol 36 (1) ◽  
Author(s):  
Sekhar Chandra Pawana
Keyword(s):  
Theoretical Perspective ◽  
Secondary Data ◽  
Adat Law

This paper discusses on the theoretical perspective of Beslissingenleer Ter Haar on decree of the king of Kraton Ngayogyakarta Hadiningrat. The issue of this paper is how the perspective of Ter Haar’s beslissingenleer theory on decree of the king of Kraton Ngayogyakarta Hadiningrat as the functionary of adat law. This paper was conducted under the basis of normative method with statute approach, as secondary data were obtained from the literature related with the topic. The existence of decree of the king is a form of the exixtence of legal functionaries that can make a law in the fellowship of adat law, especially the Kraton Kasultanan of Yogyakarta.

scholarly journals Pendekatan Pluralisme Hukum dalam Studi Hukum Adat: Interaksi Hukum Adat dengan Hukum Nasional dan Internasional

2021 ◽  
Vol 4 (1) ◽  
pp. 81-124
Author(s):  
Sartika Intaning Pradhani
Keyword(s):  
Secondary Data ◽  
Legal Pluralism ◽  
Legal Order ◽  
Forum Shopping ◽  
Information Communication ◽  
Social Field ◽  
Communication And Technology ◽  
The Relationship ◽  
Adat Law

Scientific study on adat law starts from empirical research, which finds that adat law does not stand alone but works together with other legal orders. This paper is written based on normative legal research by collecting secondary data to answer (1) how legal pluralism explains adat law and adat law community; and (2) how the application of legal pluralism approach in adat law study. The legal pluralism approach explains adat law not as an isolated/marginalized legal order but as a dynamic legal order which interacts with national and international law. From the perspective of legal pluralism, the adat law community is a semi-autonomous social field that produces rules from the interplay between the adat law community and other legal communities/institutions. Categorization of legal pluralism approach application are as follow: first, weak legal pluralism where state law recognizes adat law either by law and regulation or court decision; second, strong legal pluralism which describes through the semi-autonomous social field, shopping forum, and forum shopping concept; third, legal pluralism multi-sited which explain the relationship between legal phenomena in local, national, and international level; and elaborate the role of information, communication, and technology which bridges legal phenomenon from one to another. Abstrak Kajian ilmiah terhadap hukum adat berangkat dari penelitian lapangan yang menemukan bahwa hukum adat tidak pernah berdiri sendiri dan selalu berinteraksi dengan tertib hukum yang lain. Artikel ini ditulis berdasarkan penelitian hukum normatif dengan mengumpulkan data sekunder berupa laporan-laporan penelitian dan artikel jurnal untuk untuk menjawab (1) bagaimana pendekatan pluralisme hukum menjelaskan hukum adat dan masyarakat hukum adat; dan (2) bagaiamana pendekatan pluralisme hukum digunakan dalam studi hukum adat hari ini. Pendekatan pluralisme hukum memahami hukum adat tidak sebagai suatu ketertiban hukum yang terpisah atau termarginalisasi dari ketertiban hukum yang lain, tetapi secara dinamis terus berinteraksi dengan hukum nasional maupun internasional. Dari perspektif pluralisme hukum, masyarakat hukum adat merupakan suatu wilayah sosial semi otonom yang melahirkan hukum berdasarkan hubungan saling memengaruhi dengan masyarakat hukum lain. Penerapan pendekatan pluralisme hukum dalam studi hukum adat dapat dikelompokkan dalam tiga kategori. Pertama, pluralisme hukum lemah di mana negara mengakui hukum adat baik melalui peraturan perundang-undangan maupun putusan pengadilan. Kedua, pluralisme hukum kuat yang dideskripsikan melalui konsep wilayah sosial semi-otonom, forum shopping, dan shopping forum. Terakhir, pluralisme hukum multi-sited yang digunakan untuk menjelaskan hubungan berbagai fenomena hukum antara hukum adat (lokal), nasional, dan internasional serta peran teknologi informasi dan komunikasi dalam menjembatani hubungan tersebut.

Women’s Participation in Panchayati Raj– An Analysis

LAW REVIEW ◽  
2018 ◽  
Vol 37 (01) ◽  
Author(s):  
Sangita Laha
Keyword(s):  
Political Participation ◽  
Rural Women ◽  
Rural Areas ◽  
Local Governance ◽  
Theoretical Perspective ◽  
Secondary Data ◽  
Constitutional Amendment ◽  
The Status ◽  
The Government ◽  
Panchayati Raj

Women have been struggling for self-respect and autonomy. Although women constitute one half of the population, they continue to be subjugated, unequal in socioeconomic and political status.There have been several attempts to improve the position of women since India got independence in 1947. Since mid-1980 owing to questioning by women themselves about their oppressed status and plight through varied women’s movements, the issue of ‘women empowerment’ came into focus. The Government of India declared the year 2001 as year for the ‘Empowerment of Women’, but the struggle to reach this stage has been long and arduous. . It has also resulted in the entry of a large number of women in decision-making bodies in rural areas, who were otherwise homemakers. Political participation and grassroots democracy have been strengthened considerably by the 73rd Constitutional Amendment that has created new democratic institutions for local governance yet t women are facing the various problem in the functioning of panchayats. After getting the reservation in the panchayats, they are still depending on their husband or other male members of their family. So for knowing the status of women in the all level of panchayats in India, this paper is based on the secondary data and deals with the political participation and representation of the rural women in the panchayats in India. The theoretical perspective of the evolution of the panchayati raj system in India and the journey of the women in the local governance has also been explained in the study.Several factors which responsible for women’s low participation have been dealt with.In this context, the paper tries to analyse the government initiative for women’s empowerment in the Panchyats, an opportunity to come forward through reservation and highlighting the factors which overtly or covertly tend to prevent women members from performing their roles. Some necessary steps for empowering the women have been suggested.

Doing good across organizational boundaries

2018 ◽  
Vol 38 (12) ◽  
pp. 2389-2412 ◽  
Author(s):  
Hugo K.S. Lam
Keyword(s):  
Supply Chain ◽  
Supply Chains ◽  
Financial Risk ◽  
Theoretical Perspective ◽  
Secondary Data ◽  
Content Type ◽  
Signalling Theory ◽  
The Impact ◽  
Moderating Role

Purpose The purpose of this paper is to theoretically hypothesise and empirically test the impact of sustainable supply chain practices (SSCPs) on firms’ financial risk. Design/methodology/approach This research adopts signalling theory to explain the signalling role of SSCPs and the moderating role of the signalling environment in terms of supply chain characteristics. It collects and combines longitudinal secondary data from multiple sources to test the direct impact of SSCPs on firms’ financial risk and the moderating role of supply chain complexity and efficiency. It conducts various additional tests to check the robustness of the findings and to account for alternative explanations. Findings This research shows that SSCPs help firms reduce financial risk but do not affect their returns. Moreover, the risk reduction of SSCPs is greater for firms with more complex and efficient supply chains. The findings are robust to alternative variable measurements and analysing strategies. Research limitations/implications This research reveals the role of SSCPs in reducing financial risk, urging researchers to pay more attention to the financial risk implications of supply chain practices in general and SSCPs in particular. Practical implications This research encourages firms to engage in SSCPs to reduce financial risk and enables them to assess the urgency of their SSCPs investments in view of the complexity and efficiency of their supply chains. Originality/value This is the first research examining the impact of SSCPs on financial risk, based on longitudinal secondary data and signalling theory. The empirical evidence documented and the theoretical perspective adopted offer important implications for future practice and research on SSCPs.

scholarly journals Reorientation of Approaches in Indonesian Customary Law Studies

2020 ◽  
Vol 1 (1) ◽  
pp. 1-33
Author(s):  
M. Syamsudin ◽  
Journal Manager APHA
Keyword(s):  
Secondary Data ◽  
Academic Community ◽  
Customary Law ◽  
Study Approach ◽  
Legal Studies ◽  
Left Behind ◽  
Study And Teaching ◽  
Western Law ◽  
Object Of Study ◽  
Adat Law

This paper is intended to describe some approaches in studying the Indonesian Adat Law. From the exposure is expected to provide various perspectives in studying the sides of Indonesian Adat Law that is used as the object of study of legal scholars today. The current issue of Indonesian Adat Law studies shows a very distressing and lagging state when compared to other legal studies such as Western Law. This situation indicates how Indonesian Adat Law will be left behind and will likely be alienated from the academic community in the future. The problem is allegedly caused by among others the lack and freezing of existing materials and the absence of unity of theme and orientation of study. This paper is intended as an effort to respond to the situation, namely the effort to provide direction and contribution of thought and further development of the study and teaching of customary law which is still ongoing in the faculties of law in general. This study is considered a study of doctrinal law with reference to secondary data. Secondary data collected were processed in a non-statistic, analyzed descriptively-qualitative, and presented narratively based on the topic of the problem studied. The results of this study indicate the need for the Indonesian Adat Law study approach within the framework of Indonesian national jurisprudence. The object of study of this approach is the idea of Adat Law that was born and started since the Indonesian Youth Congress in 1928, which in its development has spawned Pancasila and the 1945 Constitution as the basis and constitution of the independent Indonesian state. In this development Adat Law is essentially an escalation of the values and principles of local adat law into the values and principles of law that serve as the basis of the framework of Indonesian National Law. Therefore, it is necessary to approach Indonesian national jurisprudence in studying Adat Law.

scholarly journals Adat Law as An Alternative Option In Law Pluralism Perspective In Indonesia

2020 ◽  
Vol 1 (1) ◽  
pp. 34-62
Author(s):  
Sulastriyono Sulastriyono ◽  
Journal Manager APHA
Keyword(s):  
Conflict Resolution ◽  
Secondary Data ◽  
Legal Pluralism ◽  
The State ◽  
Good Faith ◽  
Research Report ◽  
State Recognition ◽  
Combination Model ◽  
Mechanism Model ◽  
Adat Law

This article aims to analyze recognition and respect towards adat law community and adat law in Indonesia legal pluralism context; the strength and weakness of adat law as conflict resolution mechanism; model on state recognition and respect towards adat law community and its adat law in order to reduce the weakness of adat law as a tool to resolve conflict. This is a legal normative article which written based on secondary data, such as books, articles, news, research report, and laws. Collected secondary data are selected based on the issues and analyzed qualitatively. Analysis results on descriptive report which explains the issues comprehensively. This article found that (1) In Indonesia legal pluralism context, the state has not recognized and respect adat law community and its adat law wholeheartedly. It is proven by cumulative limitations which hard to be fulfilled by the adat law community in order to be recognized and respected by the state; (2) The strength of non-litigation conflict resolution based of adat law principles is not about win or lose solution, but about win-win solution. Win-win solution has purpose to achieve justice which acceptable to all parties. Win-win solution is obtained based on consensus from conflicting parties until justice is achieved. The weakness of adat law in Indonesia Law context is the fact that Indonesia adopts European Continental system of law, therefore adat law is not the state law. Adat law is understood by understanding the life of the community where adat law is applied. Adat law is implemented voluntarily, without any force from the state. The weakness of adat law as tool of conflict resolution is the dependency towards good faith between parties. The decision cannot be implemented, unless there is good faith from the conflicting parties; (3) model of adat law community and its adat law recognition and respect is synergic combination model between self declaratory by the adat law community and decisive state recognition with strict limitation which hard to be implemented by the adat law community.

Competitive advantage in the new social care marketplace: a new theoretical perspective

2014 ◽  
Vol 17 (1) ◽  
pp. 5-15
Author(s):  
Patricia Dearnaley
Keyword(s):  
Competitive Advantage ◽  
Business Models ◽  
Social Care ◽  
Theoretical Perspective ◽  
Secondary Data ◽  
Original Research ◽  
Research Approach ◽  
Content Type ◽  
New Perspective ◽  
The Uk

Purpose – Changes in the UK social care sector over the past 20 years have effected a fundamental shift in commissioning and delivery relationships. This “quasi-market” challenges existing theory and models around competitive advantage. This study, as outlined in two earlier articles, addressed weaknesses in the defining framework for analysis and business planning in this new environment; the purpose of this concluding paper is to propose a new perspective for those interested in entering this market. Design/methodology/approach – The original research comprised a constructive research approach through a single holistic case study, using qualitative research methods including document analysis, interviews, secondary data, observations and facilitated meetings. Findings – This final paper offers a structured framework of analysis and response: the External Drivers Model. Research limitations/implications – The model was developed for a scenario impacting upon a social housing agency, with ambitions to enter this market as a new provider; it may require further research to establish its generalisability to other organisations and other sectors. Originality/value – This series of three papers adds to existing knowledge by critiquing current business models, and positing a potential development to existing contingency theory: the External Drivers Model. The study has resulted in a number of outputs including an outline of tools to assist in using the model.

scholarly journals REGIONAL DEVELOPMENT AND INSTITUTIONAL ENVIRONMENT: REGIONAL EXPANSION OF FRANCHISE CHAINS IN BRAZIL

2020 ◽  
Vol 21 (5) ◽  
Author(s):  
PEDRO L. R. MELO ◽  
RENATA T. DELGADO ◽  
VICTOR S. CORRÊA ◽  
FELIPE M. BORINI
Keyword(s):  
Human Resources ◽  
Regional Development ◽  
Socioeconomic Development ◽  
Institutional Environment ◽  
Theoretical Perspective ◽  
Secondary Data ◽  
Shopping Centers ◽  
Growth Strategies ◽  
Decision Making Factors ◽  
Franchise Location

ABSTRACT Purpose: This paper aims to analyze the attractiveness of the markets in the inland of Brazil to franchise chains based on the characteristics of institutional environment, referring to the socioeconomic, geographical, and human resources dimensions. Originality/value: Interiorization is a theme that has been hardly explored in franchise chains’ growth strategies. This paper contributes to this debate through the institutional theoretical perspective, contributing to the clarification and ordering of the decision-making factors for the regional expansion of franchises. For regional development, it calls for municipal management to direct actions aimed at socioeconomic development and human resources. Design/methodology/approach: The quantitative method using secondary data - from Brazilian Association of Franchising (Associação Brasileira de Franchising [ABF]), Brazilian Association of Shopping Centers (Associação Brasileira de Shopping Centers [Abrasce]), Brazilian Institute of Geography and Statistics (Instituto Brasileiro de Geografia e Estatística [IBGE]) and Google Maps - was employed in this study for the analysis of franchise location and for municipalities. The sample comprised 458 municipalities with a populaion of above 50 thousand inhabitants. The statistical techniques used were factor analysis and multiple regression analysis. Findings: The results show that the socioeconomic and human resources factors of the municipalities are essential for the attractiveness of franchises chains to the inland of the country. In turn, the geographical distance of the inland municipality in relation to the state capital did not present adherence to the model as an explanation for the attraction of franchises.

scholarly journals STRATEGIC LEADERSHIP AND SERVICE DELIVERY IN AFRICAN CONTEXT

2018 ◽  
Vol 6 (11) ◽  
pp. 31-42
Author(s):  
Peter Rigii Gaitho ◽  
Zachary Bolo Awino
Keyword(s):  
Service Delivery ◽  
New Public Management ◽  
Theoretical Perspective ◽  
Secondary Data ◽  
Target Population ◽  
Strategic Leadership ◽  
Cross Sectional Survey ◽  
Cross Sectional ◽  
County Governments ◽  
Ethical Practices

The general objective of the study was to determine whether ethical practices and organizational structure influence the relationship between strategic leadership and service delivery of County Governments in Kenya. The findings would aid the audit, review and strengthening of existing policies aimed at ensuring good ethical practices in public entities. The relevant theories reviewed for this study were the New Public Management (NPM) theoretical perspective, upper echelon theory, institutional theory and principal agent theory. This study used a positivism research philosophy. The study used a cross sectional survey. The target population for the study was drawn from the 47 Counties in Kenya as per 2010 constitution. The study used both primary and secondary data which were collected using questionnaires, interviews and desk review. Data analysis took place at two levels – descriptive statistics level and inferential statistics level. The study found that the entire hypothesis tested were statistically significant and thus supported by the study. It was therefore recommended that county governments must understand the service delivery dimensions in order to carry out frequent analysis and develop strategic leadership concepts relevant to their counties.

scholarly journals Ma’had Internasional: Integrasi Agama-Sains Berbasis Moderasi Islam

2021 ◽  
Vol 5 (2) ◽  
pp. 292-321
Author(s):  
Zainuddin Syarif ◽  
Abdul Mukti Thabrani
Keyword(s):  
Theoretical Perspective ◽  
Secondary Data ◽  
Religion And Science ◽  
Literature Study ◽  
Tertiary Institutions ◽  
Integration Strategy ◽  
Depth Analysis ◽  
Research Questions ◽  
Religious Colleges ◽  
The Ideal

Abstract: The study of the integration of religion and science always attracts the attention of many people, especially academics in religious tertiary circles. Theoretically, the discourse is intended to bridge the meeting of religion-science, which in many occasions is often disputed. To the extent that there are many ideas on the integration of religion and science, at both the theoretical and practical levels, one of them is the idea of ​​establishing an international ma'had. This study will specifically examine the idea of ​​the integration of Islam-based moderation of Islam in Islamic religious tertiary institutions through Ma'had International. Three main issues that will be the focus of the study, namely: the concept of international ma'ad, the integration of religion-science, and finally, the moderation of Islam. Three focus of study will be translated into two research questions, namely; 1) What is meant by the concept of International ma'had and Islamic moderation? 2) What is the role and strategic function of the international ma'had in integrating Islamic moderation-based religions? This study is a literature study based on the type of qualitative research. The data used in the study are secondary data sourced from library data. The theoretical perspective used is John F. Haught's theory of religious integration. Theoretically, this study has a major contribution in enriching the science of religion, especially the study of integration of religion and science. in practice, this study has a major contribution in terms of providing solutions to the ideal idea of ​​integrating Islamic moderation-based religion in the environment of Islamic religious colleges. The findings of this study contain an in-depth explanation of the concept of ma'had International, as well as an in-depth analysis of the integration strategy of Islam-based moderation based Islam through the idea of ​​ma'had International within the Islamic diversity tertiary environment.

Modern Information Technology, Global Risk, and the Challenges of Crime in the Era of Late Modernity

2020 ◽  
pp. 985-1000
Author(s):  
Ajibade Ebenezer Jegede
Keyword(s):  
Global Economy ◽  
Theoretical Perspective ◽  
Secondary Data ◽  
Communication Technologies ◽  
The Internet ◽  
Global Risk ◽  
Human Environment ◽  
Modern Information Technology ◽  
Use Of The Internet ◽  
The Empirical Analysis

The rapidity and efficient use of most communication technologies remain the driver of accelerated developments across the major societies of the world today. This is quite exciting when compared to what existed in the past. However, current happenings indicate that the contribution of these technologies to sporadic development of nations is fraught with recordable socio-economic risks whose effect is unprecedented and affecting the nature of trust required for social continuity in human environment. Consequently, this paper considers the nature of risks and vulnerabilities affecting e-connectivity from a modernist theoretical perspective and contextualized this in the double edged implication affecting the use of the Internet. The first section of this paper is devoted to review on the nature of affinity between the Internet and crime while the final section engages the empirical analysis of secondary data on the consequences of cyber-crime to the global economy.

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