ANALISIS YURIDIS NORMATIF PUTUSAN PERKARA MAHKAMAH AGUNG KONSTITUSI RI No. 004/PUU-II/2004

2013 ◽  
Vol 7 (1) ◽  
pp. 7
Author(s):  
Doni Budiono
Keyword(s):  
The Body ◽  
Supreme Courts ◽  
Military Justice ◽  
State Administration ◽  
The Supreme Court ◽  
Directorate General ◽  
The Government ◽  
Government Rules ◽  
The Right ◽  
Tax Court

The  authority  of justice in Indonesia  is executed by  the Supreme Courts and  the  justice  boards/body under the Supreme Courts, including  the general  justice, religious affairs justice, military justice,  state administration  justice,  and  the Constitution Court. According to  certainty in  the Act of  Tax Court, Article1, clause  (5),  tax  dispute   refers to the legal dispute arising in the  taxation  affairs between the  tax payer or the  body  responsible for the  tax with   the government   executives  ( Directorate General of Tax) as the consequence of   the issue of  the decree for the  appeal  to the Tax  Court in accordance with the  tax Act, including the  charge  against the  execution of collection   in accordance with the  Act of Tax Collection by force. The  formation of Tax Court is  designed by  the Executives, in this case, the  Department of Finance, specifically  the Directorate   General  of Tax  which has the right to issue  law  more technical about  tax accord to Article 14,  letter A,  President Decree  no. 44  year 1974,  concerning the  basic  organization of the Department.  Based on  it,  it  is clear that  in addition to execute the government  rules and policy,  this body  has to execute judicial   rules and policy. This is against the  principles of  Judicative  Power/Authority in Indonesia,  which   clearly states that this body  should be under the Supreme Court.   Therefore. It is suggested that   the Act  No UU no.14 Year 2012 concerning  Tax Court   be revised  in accordance with the system of  Power Division  of Justice  as  stated in 45 Constitutions.

A Policy Analysis Regarding Education, Career, and Governance of the Nurses in Bangladesh: A Qualitative Exploration

2021 ◽  
pp. 152715442098800
Author(s):  
Taufique Joarder ◽  
Md. Aslam Parvage ◽  
Lal B. Rawal ◽  
Syed Masud Ahmed
Keyword(s):  
Nursing Education ◽  
Stakeholder Analysis ◽  
The Body ◽  
Historical Factors ◽  
Governance Challenges ◽  
Directorate General ◽  
The Government ◽  
New Policies ◽  
Lower Castes ◽  
Qualitative Exploration

Nurses, short in production and inequitable in the distribution in Bangladesh, require the government’s efforts to increase enrolment in nursing education and a smooth career progression. Given the importance of an assessment of the current nursing scenario to inform the decision makers and practitioners to implement the new policies successfully, we analyzed relevant policies on education, career, and governance of nurses in Bangladesh. We used documents review and qualitative methods such as key informant interviews ( n = 13) and stakeholder analysis. We found that nursing education faced several backlashes: resistance from diploma nurses while attempting to establish a graduate (bachelor) course in 1977, and the reluctance of politicians and entrepreneurs to establish nursing institutions. Many challenges with the implementation of nursing policies are attributable to social, cultural, religious, and historical factors. For example, Hindus considered touching the bodily excretions as the task of the lower castes, while Muslims considered women touching the body of the men immoral. Nurses also face governance challenges linked with their performance and reward. For example, nurses have little voice over the decisions related to their profession, and they are not allowed to perform clinical duties unsupervised. To improve the situation, the government has made new policies, including upliftment of nurses’ position in public service, the creation of an independent Directorate General, and improvement of nursing education and service. New policies often come with new apprehensions. Therefore, nurses should be included in the policy processes, and their capacity should be developed in nursing leadership and health system governance.

Fundamental Rights in the Indian Constitution: Could it include ‘Right to Sanitation’?

2016 ◽  
Vol 5 (6) ◽  
pp. 291-296
Author(s):  
Anil Kumar Mohapatra
Keyword(s):  
Fundamental Rights ◽  
Safe Drinking Water ◽  
Right To Life ◽  
Personal Liberty ◽  
Sanitation Facility ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
The World ◽  
The Government ◽  
The Right

Long before India gained independence, M.K. Gandhi remarked that the availability of Sanitation facility is more important than gaining Independence for an Indian. Of late, it is now increasingly felt and realized in India that facilities like toilet, safe drinking water, accompanied by good hygienic conditions are fundamental necessities of a person. These are prerequisites of social and economic justice and genuine development. The Supreme Court of India in one judgement held that Right to life and personal liberty, should include right to privacy and human dignity etc. Despite that it has been an admitted shame that India still has the largest number of people defecating in open in the world. There are reported incidences of rape and murder of women in many places in India as women rely on open field for attending to the call of nature in morning and evening. The attempts like Community toi-let system, pay-and-use toilet system and schemes like ‘Mo Swabhiman -Mo Paikhana’ have been found to be less effective. In this connection the ‘Clean India Mission’ campaign launched by the Government of India in 2014 has been regarded as a right approach in that direction. Government of the day is actively considering the demand to convert the Right to Sanitation from a developmental right to a fundamental right. It would make the state more accountable and responsible. Against this background, the paper argues that spending huge money on that would yield good dividend in future for the country.

scholarly journals PENGAKUAN TERHADAP PIHAK NON-ADVOKAT DALAM PEMBERIAN BANTUAN HUKUM (Politik Hukum Bantuan Hukum Dalam Peraturan Perundang-Undangan Di Indonesia)

2017 ◽  
Vol 6 (3) ◽  
pp. 399
Author(s):  
Akmal Adicahya
Keyword(s):  
Supreme Court ◽  
Access To Justice ◽  
State Law ◽  
Legal Aid ◽  
Procedural Law ◽  
The Supreme Court ◽  
The Government ◽  
The Right ◽  
Law Student

Access to justice is everyone rights that have to be fulfilled by the government. The regulation number 16 year 2011 of legal aid is an instrument held by the government to guarantee the right. The regulation allowed the participation of non-advocates to provide the legal aid. Through this policy, government emphasizes that:1) Indonesia is a state law which legal aid is an obliged instrument; 2) the prohibition of non-advocate to participate in legal aid is not relevant due to inadequate amount of advocate and citizen seek for justice (justiciabelen), and the advocate is not widely extended throughout Indonesia; 3) Non-Advocates, especially lecturer and law student are widely spread; 4) there are no procedural law which prohibits non-advocate to provide a legal aid. Those conditions are enough argument for government to strengthen the participation of non-advocates in providing legal aid. Especially for The Supreme Court to revise The Book II of Guidance for Implementing Court’s Job and Administration.Keywords: legal aid, non-advocate, justice

BECOMING HUMAN

PEDIATRICS ◽  
1978 ◽  
Vol 62 (1) ◽  
pp. 7-7
Author(s):  
Christopher Jenks
Keyword(s):  
Supreme Court ◽  
The Body ◽  
Human Suffering ◽  
Right To Life ◽  
The Supreme Court ◽  
Arbitrary Decision ◽  
Real Person ◽  
The Right ◽  
Roe V Wade

Opponents of abortion sometimes argue that a fetus "wants" to grow up into a real person. But every egg and sperm also "want" to become a person in this sense. And if that is the case, how can one defend either contraception or celibacy, both of which deny life to millions of eggs and sperms that "want" to become people, and both of which also involve repression of "natural" impulses? The question of whether abortion is morally wrong depends on when we become "human." Unfortunately, this does not happen all at once, as in medieval fantasies of the soul's entering the body. It happens bit by bit. We must therefore make some arbitrary decision about when to confer the "right to life." Because nature offers no clear guidance about where this line should be drawn, the most humane solution is to draw it so as to minimize human suffering. I doubt, however, that opponents of abortion will accept this approach, for once you accept it, you will almost inevitably be led to precisely the same "liberal" conclusion the Supreme Court reached five years ago in Roe v. Wade.

Ensuring Food Security

2017 ◽  
pp. 221-247
Author(s):  
Rajesh Chakrabarti ◽  
Kaushiki Sanyal
Keyword(s):  
Food Security ◽  
Supreme Court ◽  
Political Support ◽  
Advocacy Coalition ◽  
Right To Food ◽  
The Supreme Court ◽  
Election Manifesto ◽  
The Government ◽  
Draft Bill ◽  
The Right

This chapter narrates the saga of the Right to Food Security. Briefly pointing out various prior food movements, the chapter dates the movement to 2001 in Rajasthan with a writ petition at the Supreme Court. The SC took up the issue with surprising enthusiasm issuing order after order to force the government to comply with reports and action. The government, while not antagonistic, was apathetic. Encouraged by the court orders the activists gathered under a single banner of Right to Food Campaign in 2004 and built on the campaign in court as well as on the ground. Political support finally came when the issue entered UPA’s election manifesto in 2009. Post UPA victory, the NAC submitted its draft bill in 2010 but a substantially altered bill finally got enacted in 2013. The movement reflects a combination of Punctuated Equilibrium Framework and Advocacy Coalition Framework.

Zee Films and the BCCI: The Award of Broadcasting Rights

2017 ◽  
pp. 1-12
Author(s):  
Akhileshwar Pathak
Keyword(s):  
Supreme Court ◽  
The State ◽  
Judicial Interpretation ◽  
The Supreme Court ◽  
The Government ◽  
The Right

The case discusses the issues related to Zee Tele Films Limited's claims that the Board of Cricket Control of India was “state” and could act arbitrarily in the award of telecasting rights. The “state” as defined in Article 12 includes “other authorities”, and these are subject to the constitutional limitations. The right to equality requires them to not act arbitrarily. A body which is an instrumentality or agency of the government is “other authority”. The term has been subject to judicial interpretation. The Supreme Court, by a majority judgement, in the Zee Tele Films Case ruled that the Board is not “other authorities” within Article 12 of the Constitution.

Terminally Ill Patients and the “Right to Try” Experimental Drugs

2016 ◽  
Author(s):  
Rebecca Dresser
Keyword(s):  
Negative Impact ◽  
Terminally Ill ◽  
Terminally Ill Patients ◽  
Experimental Drugs ◽  
The Us ◽  
The Government ◽  
Government Rules ◽  
The Right ◽  
Access Policies ◽  
Gain Access

This chapter addresses access to unapproved drugs. Some terminally ill patients enroll in research as a way to gain access to experimental drugs. Other patients want to try the drugs without enrolling in research. The US Food and Drug Administration permits patients to do so under certain circumstances, but critics say the government rules are too restrictive. “Right to try” advocates campaign for laws permitting more liberal access, telling heart-wrenching stories about patients desperate to obtain experimental drugs. But the picture they present is one-sided. It disregards the negative impact that more liberal access policies may have on the drug trials that benefit society at large, and it ignores stories conveying the harm that can come from access to experimental drugs. These factors belong in the debate too.

scholarly journals Creating Suspicion and Vigilance

Intersections ◽  
2017 ◽  
Vol 3 (3) ◽  
Author(s):  
Ákos Kopper ◽  
Pál Susánszky ◽  
Gergely Tóth ◽  
Márton Gerő
Keyword(s):  
Eastern Europe ◽  
Political System ◽  
Central And Eastern Europe ◽  
Right Wing ◽  
Liberal Democracies ◽  
Political Actors ◽  
Significant Case ◽  
The Government ◽  
Government Rules ◽  
The Right

In recent years, many theoretical and empirical analyses about the changing regimes of Central and Eastern Europe have been written, pointing out the authoritarian tendencies and radicalization in the region. Hungary is a significant case in the changing landscape of Central and Eastern Europe. The right-wing government rules the country with incontestable force, despising and disrespecting the norms of liberal democracies. Although the general impression is that the government has such a strong grip on power that resisting it is futile, in fact, it only enjoys only the support of 30 per cent of Hungarian citizens. Thus, it would be reasonable to expect the opposition to be able to effectively mobilize against the regime. In reality, no political opponent seems to stand a chance of defeating it. In order to explain why this is so, we focus on the way Orbán constantly creates images of ‘the enemy’ that keep alive an atmosphere of vigilance that blocks the efforts of critical actors to efficiently mobilize citizens. Since the political system in Hungary is highly centralized, the prime-minister’s speeches epitomize the logic and ideology of the regime. Our aim is to understand the mechanism through which the dominant political actors frame the enemy in a system of images, thereby creating an environment where critical actors are stripped of the resources needed to mobilize against them.

scholarly journals MENALAR URGENSI PENGHAPUSAN UJIAN NASIONAL DEMI KEADILAN SISWA, GURU DAN SEKOLAH PASCA PUTUSAN MAHKAMAH AGUNG NOMOR: 2596 K/PDT/2008

2020 ◽  
Vol 1 (2) ◽  
pp. 1-20
Author(s):  
Aufi Imaduddin
Keyword(s):  
Supreme Court ◽  
Negative Impact ◽  
National Level ◽  
Educational Thought ◽  
National Examination ◽  
Existing Problems ◽  
The Supreme Court ◽  
The Government ◽  
The Right ◽  
Laws And Regulations

The national exam is a form of national level learning evaluation that has been set by the government to determine student learning outcomes. However, in the implementation of the national exam has a negative impact on students, teachers and schools. So lately there has been a renewed discourse about the elimination of the national examination, it began with the policy of the Indonesian Minister of Education and Culture to abolish the national examination in 2021. Especially if we examine further that legal efforts to stop the implementation of the national examination have existed since 2006 and the peak in 2009 was the decision of the Supreme Court number: 2596 K / PDT / 2008 which in essence required the government to stop the implementation of the national examination before resolving various existing problems. Therefore, the writer is interested in asking logically to think about the urgency of abolishing the national exam after the decision of the Supreme Court. In this paper, the method used by the author is a qualitative method based on social facts that occur based on juridical reasons based on the laws and regulations related to research. The results of this study found that the implementation of the national exam has claimed justice for students in obtaining their human rights in obtaining education that has been mentioned in the 1945 Constitution and is not in accordance with educational thought according to Ki Hajar Dewantara, as well as causing various depressive pressures which have an impact on their minds stressed and suicidal students. The implementation of national exams has also revoked justice for teachers, where teachers in their teaching are supposed to educate students well and develop their students' thinking instincts, with the national examination the teacher only drills students to memorize and do exercises that lead to the national exam. Recalling also that the implementation of national examinations in a juridical manner in the decision of the Supreme Court has violated various laws and regulations regarding education in Indonesia. Therefore, the elimination of the national exam will give back the right to justice for students, teachers and schools according to their respective proportions.

scholarly journals Constitutionalizing Access

2021 ◽  
Vol 3 (1) ◽  
pp. 1-17
Author(s):  
Jessica Terkovich ◽  
Aryeh Frank
Keyword(s):  
Case Law ◽  
State Constitutions ◽  
The Supreme Court ◽  
Explicit Recognition ◽  
Constitutional Right ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
Right Of Access ◽  
The U.S

State constitutions receive relatively little academic attention, yet they are the source of significant substantive rights—and, when compared to the U.S. Constitution, they are relatively easily amended to comport with contemporary needs and values. Unlike the constitutions of dozens of other nations, the U.S. Constitution contains no explicit recognition of a right to information from the government, and the Supreme Court has declined to infer that such a right exists, apart from narrow exceptions. Conversely, seven states expressly memorialize the public’s right of access to government meetings and records in their constitutions. In this paper, the authors examine case law applying the constitutional right of access, concluding that the right is somewhat underutilized and rarely seems to produce an outcome clearly different from what a litigant could expect relying on state statutory rights alone. 

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