scholarly journals Peran Negara dalam Perlindungan Konsumen Muslim di Indonesia

2021 ◽  
Vol 4 (2) ◽  
pp. 153-165
Author(s):  
Mabarroh Azizah

This article aims to describe the state’s role in guaranteeing and protecting Muslim consumers in Indonesia to obtain halal products. This article is a normative legal research which is conducted by exploring principles and norms. The conclusion of this article is that the role of the state in protecting Muslim consumers from prohibited products can be seen from two perspectives, namely the Islamic perspective and the Indonesian constitution perspective. From an Islamic perspective, this protection is obligatory, as well as in the perspective of the Indonesian constitution that the role of the state in facilitating Muslim consumers in obtaining halal products has been described in Article 29 of the 1945 Constitution of the Republic of Indonesia which is a justification of the state's role in ensuring the protection of Muslim consumers from products that are forbidden. This is a public interest to create a welfare state.

Author(s):  
Kevork Oskanian

Abstract This article contributes a securitisation-based, interpretive approach to state weakness. The long-dominant positivist approaches to the phenomenon have been extensively criticised for a wide range of deficiencies. Responding to Lemay-Hébert's suggestion of a ‘Durkheimian’, ideational-interpretive approach as a possible alternative, I base my conceptualisation on Migdal's view of state weakness as emerging from a ‘state-in-society's’ contested ‘strategies of survival’. I argue that several recent developments in Securitisation Theory enable it to capture this contested ‘collective knowledge’ on the state: a move away from state-centrism, the development of a contextualised ‘sociological’ version, linkages made between securitisation and legitimacy, and the acknowledgment of ‘securitisations’ as a contested Bourdieusian field. I introduce the concept of ‘securitisation gaps’ – divergences in the security discourses and practices of state and society – as a concept aimed at capturing this contested role of the state, operationalised along two logics (reactive/substitutive) – depending on whether they emerge from securitisations of the state action or inaction – and three intensities (latent, manifest, and violent), depending on the extent to which they involve challenges to state authority. The approach is briefly illustrated through the changing securitisation gaps in the Republic of Lebanon during the 2019–20 ‘October Uprising’.


2017 ◽  
Vol 6 (s2) ◽  
pp. 37-48
Author(s):  
Artan Spahiu

Abstract The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the needs of the evergrowing society have prompted the administration to adapt its activity by making use of other mechanisms “borrowed” from private law. An important part of public activity can also be achieved through the contract as a way that brings the state closer to the private, mitigating its dominant position and leaving space for the efficiency of private activity to fulfil public engagements. Such contracts today are known as “administrative contracts” or “public contracts”. The terms mentioned above are instruments that establish legal relations, for the regulation of which the principle of public interest is opposed and competes with the principle of freedom of the contractual willpower. The regulation of these types of contracts is reached through the private law, which constitutes the general normative framework of contracts (lex generalis) even for the administrative contracts. But this general arrangement will have effect for as long as it does not contradict the imperative provisions of the specific act of public law (lex specialis), which regulates the administrative procedure for the completion of these contracts. This paper aims to bring to the spotlight the way our legislation predict and regulates administrative contracts, by emphasising particularly the features of their dualistic nature. The coexistence and competition of the principles of the freedom of contractual willpower and the protection of the public interest, evidenced in administrative contracts, is presented in this paper through the legal analysis of the Albanian legal framework which regulates these contracts. Under the terms when the role of the state in providing public services tends to increase and our legislation aims the harmonization in accord with the European legislation, it is necessary to improve the administrative contract regulation and extend its scope of action.


2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Winda Roselina Effendi

Walfare State concept born in the era of the 20th century as a correction of the development of the concept of the country as night watchman, the phenomenon of economic capitalism that gradually leads to lameness in the distribution of sources of prosperity. In the Walfare State concept, the state is required to extend its responsibility to the socio-economic problems facing the people. The functions of the state also include activities that were previously beyond the scope of state functions, such as extending the provision of social services to individuals and families in specific matters, such as social security. The role of the state can not be separated with Welfare State because the state that plays a role in managing the economy which includes the responsibility of the state to ensure the availability of basic welfare services in certain levels. Welfare State does not reject the existence of a capitalist market economy system but believes that there are elements in the public order that are more important than market objectives and can only be achieved by controlling and limiting the operation of such market mechanisms.Keywords: walfare state, country, economic systemKonsep Walfare State yang lahir di era abad ke-20 sebagai koreksi berkembangnya konsep negara sebagai penjaga malam, gejala kapitalisme perekonomian yang secara perlahan-lahan menyebabkan terjadinya kepincangan dalam pembagian sumber-sumber kemakmuran bersarma. Dalam konsep Walfare State, negara dituntut untuk memperluas tanggung jawabnya kepada masalah-masalah sosial ekonomi yang dihadapi rakyat. Fungsi negara juga meliputi kegiatan-kegiatan yang sebelumnya berada diluar jangkauan fungsi negara, seperti memperluas ketentuan pelayanan sosial kepada individu dan keluarga dalam hal-hal khusus, seperti social security, kesehatan.  Peran negara tidak bisa dipisahkan dengan Welfare State karena negara yang berperan dalam mengelola perekonomian yang yang di dalamnya mencakup tanggung jawab negara untuk menjamin ketersediaan pelayanan kesejahteraan dasar dalam tingkat tertentu. Welfare State tidak menolak keberadaan sistem ekonomi pasar kapitalis tetapi meyakini bahwa ada elemen-elemen dalam tatanan masyarakat yang lebih penting dari tujuan-tujuan pasar dan hanya dapat dicapai dengan mengendalikan dan membatasi bekerjanya mekanisme pasar tersebut. Kata Kunci: walfare state, negara,sistem ekonomi 


2013 ◽  
pp. 13-22
Author(s):  
Vincent Duclert

The recent presidential elections in 2012 have shown that left-right cleavage was still dominant in France. The redistribution of political forces, strongly awaited by the center (but also by the extremes) did not take place. At the same time, the major issues, such the European unification, the future of the nation, the future of the Republic, the role of the state, continue to cross left and right fields, revealing other cleavages that meet other historical or philosophical contingencies. However, the left-right opposition in France structured contemporary political life, organizing political families, determining the meaning and practice of institutions. Thence, the question is to understand what defines these two political fields and what history brings to their knowledge since the French Revolution, or they are implemented


1998 ◽  
Vol 31 (1) ◽  
pp. 113-142 ◽  
Author(s):  
Gérard Boismenu ◽  
Pascale Dufour

AbstractThis article underlines three principles of reference that renew discourse on and comprehension of the role of the state in social protection towards unemployed people. At a certain level of abstraction, those principles of reference are present in many countries. They lead to label and to understand situations in different terms of which we were familiar during the Welfare State apogee. At the same time, they permit and open up to various political orientations and mechanisms of implementation. This dualism is emphasized. Four countries are referenced for this discussion: Canada, France, Germany and Sweden. The study considers the way in which problems are stated in their principles and the implementation of programmes. Policies and programmes implemented reveal logics of intervention which suggest different ways to consider the articulation between the « integrated area » and the « excluded area » of the society.


2020 ◽  
Vol 10 (4(73)) ◽  
pp. 39-44
Author(s):  
S.A. Pavlova ◽  
I.E. Pavlov ◽  
O.O. Shelepova

In the Balkhash basin, an independent sustainable population of asp fish has formed, which is of great importance in industrial and recreational fishing. In the Republic of Kazakhstan, Lake Balkhash is one of the main fishing reservoirs. In the last decade, this region has experienced a powerful diverse anthropogenic and technogenicimpact, which has led to significant negative changes in aquatic and terrestrial ecosystems. The role of the state in the regulation of environmental management and environmental protection.


2021 ◽  
Vol 9 (223) ◽  
Author(s):  
Tyshlek Vitaly

The article considers the startups creation and development dynamics in the Republic of Belarus, and the role of the state in this process. The problems have been identified and the ways to solve them have been proposed.


2017 ◽  
Vol 1 (2) ◽  
pp. 98
Author(s):  
Rory Jeff Akyuwen

The role of the state through BUMN becomes so important when it is formulated in a provision as formulated in Article 33 Paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia, where the production branches which are important for the State and which affect the livelihood of the public must be controlled by Country. Here it indicates the authority of the State to participate in economic activities through the operation of production branches that can be categorized as important for the State and considered vital and strategic for the interest of the State.This is based on the reasons as formulated in the explanatory section of Article 33 of the 1945 Constitution of the State of the Republic of Indonesia, so that the benefits of the production branches do not fall into the hands of individuals, the State actively takes the role to cultivate it because the production branch is considered important and which control the livelihood of the people for the greatest prosperity of the people. State-Owned Enterprises is formed with the aim of contributing to the development of the national economy in general and the state's revenue in particular; The pursuit of profit; To hold general benefit in the form of providing goods and / or services of high quality and adequate for the fulfillment of the livelihood of the public; Pioneering business activities that have not yet been implemented by the private sector and cooperatives and actively providing guidance and assistance to weak economic entrepreneurs, cooperatives, and communities.SOEs are given the right to monopoly in the economic field which is considered to control the livelihood of many people.


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