scholarly journals Siri' Na Pacce Culture in Judge's Decision (Study in Gowa, South Sulawesi Province)

FIAT JUSTISIA ◽  
2019 ◽  
Vol 13 (3) ◽  
pp. 241
Author(s):  
Muhammad Ikram Nur Fuady
Keyword(s):  
Qualitative Method ◽  
Criminal Code ◽  
Local Communities ◽  
Empirical Approach ◽  
Positive Law ◽  
South Sulawesi ◽  
The Republic ◽  
The Individual ◽  
Material Values ◽  
Descriptive Qualitative

Manimbohoi Village in Gowa District is part of the Makassar tribe who still hold the Siri' na Pacce culture that highly upholds shame, honour, dignity, and togetherness as Adat Law. During this time, there is often a difference between the Traditional Law of Siri' Na Pacce and Indonesian Positive Law in upholding the material values of criminal acts, so that judges' decisions are difficult to accept by local communities. This study aims to determine the influence of the culture of Siri na Pacce' regarding the judge's decision in constructing the criminal offences committed by residents of Manimbohoi with the decision Number: 66/Pid.B/2012/PN.Sungg.This study used a normative empirical approach with a descriptive-qualitative method that analyses cases of judges' positions and judgments on decisions plus data obtained by interviews with the Adat Officer, Manimbohoi’s people, the judge in Sungguminasa District Court.The results of the study showed that 1)The Siri' Na Pacce as unwritten laws and positive Indonesian law as written laws have the same position in the Republic of Indonesia which can be carried out as long as there is no comparison in the KUHP as Criminal Code; 2)In the decision, the judge has been progressive by imposing a sanction lower than the prosecutor's request indicating that the judge acknowledges Siri 'na Pacce even though it does not include it in writing on the consideration of the points of judges; 3)The weight and lightly of punishments and values of Siri' na Pacce's held by the judge depends on the benefits and feelings held by the judge as a benchmark based on the individual judge's personality; 4)The judge acknowledges the culture of Siri 'Na Pacce as living law but has not been able to put it into judgment as justification, forgiveness, and mitigation reason; 5)Therefore, this Siri' Na Pacce should be maintained Indonesian identity.

scholarly journals EXCLUSION OF ILLEGALITY OF OFFENSIVE SPEECH GIVEN IN DEFENCE OF A RIGHT OR PROTECTION OF JUSTIFIED INTERESTS

2020 ◽  
pp. 093
Author(s):  
Danilo Kostić
Keyword(s):  
Criminal Code ◽  
Specific Reference ◽  
Scientific Article ◽  
Criminal Offense ◽  
Positive Law ◽  
National Courts ◽  
The Republic ◽  
Basic Features ◽  
Criminal Legislation ◽  
Offensive Speech

This scientific article analyzes the basic features and elements of the criminal offense of insult from the theoretical and normative aspect, with specific reference to the analysis of the conditions necessary for the application of the special legal ground for excluding illegality of offensive speech, stipulated in Article 170 (4) of the Criminal Code of the Republic of Serbia. Relying on the critical analysis of national criminal legislation and a brief review of national courts’ practice, the author points out to the contradiction of adopted legal standpoints when interpreting the disputed provisions, and emphasizes the importance of ensuring uniform and consistent court practice in this field. Proper and complete consideration of the criminal offense of insult, and especially the ground for excluding the illegality of the taken actions, stipulated in the provisions of Article 170 (4) of the Serbian Criminal Code, calls for precise interpretation of these provisions. Inadequate conduct of judicial bodies entails the possibility of convicting the perpetrator of the criminal offense of insult, even if the requisite conditions prescribed in the positive law have not been satisfied.

scholarly journals Pengelolaan Wakaf Ditinjau Dari Hukum Islam dan Hukum Positif; Studi Kasus Yayasan Taman Mandiri Syari’ah Tangerang Banten

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Heru Birowo
Keyword(s):  
Qualitative Method ◽  
Islamic Law ◽  
Empirical Approach ◽  
Poor People ◽  
Community Groups ◽  
Positive Law ◽  
The Social

Yayasan Taman Mandiri Syari’ah merupakan lembaga yang bergerak di bidang sosial, kemanusiaan dan keagamaan. Yayasan ini dibangun dengan tujuan mengangkat harkat sosial kemanusiaan kaum yatim dan dhuafa dengan dana zakat, infak, shodaqoh serta wakaf dan dana-dana yang dihalalkan oleh syariat dan legal, baik dari perorangan, perusahaan, kelompok masyarakat, atau sumber lembaga lainnya. Penelitian ini menggunakan metode penelitian Kualitatif, dengan pendekatan literatur dan empiris. Hasil penelitian ini menyatakan bahwa Pengelolaan wakaf di Yayasan Taman Mandiri Syari’ah, berdasarkan tinjauan Hukum Islam dan Hukum Positif, proses perwakafan di Yayasan Taman Mandiri Syari’ah, ketentuan wakafnya sudah memenuhi rukun dan syarat. Namun dalam kelengkapan surat wakaf, YTS sebagai Nadzir atas wakaf tanah di Depok, belum melengkapi surat wakaf yang seharusnya didaftarkan ke Badan Pertanahan Nasional (BPN). Pengelolaan wakaf yang sudah berjalan di Yayasan Taman Mandiri Syari’ah berupa wakaf tanah dan wakaf tunai.Kata Kunci: Pengelolaan, Wakaf, Hukum AbstractTaman Mandiri Syari'ah Foundation is an organization in the social, humanitarian and religious. The foundation aims to raise the social dignity of orphans and poor people with zakat, infaq, shodaqoh, and waqf that are permitted by the Shari'a and legal funds from individuals, companies, community groups, or other institutions. The study uses Qualitative method with literary and empirical approach. The findings of this study are state waqf management of Taman Mandiri Syari'ah Foundation, based on the perspective of Islamic Law and Positive Law, the waqf process of Taman Mandiri Syari'ah Foundation, the provisions of the waqf have required the pillars and conditions. Yet the waqf letter, YTS as Nadzir for land waqf in Depok, has not completed the waqf document by register to National Land Agency. The waqf management has doing are land waqf and cash waqf.Keywords: Waqf, Management, Law.

scholarly journals The Existence of Culture in its Relevance to the Dynamics of Globalization: Bahasa Indonesia Case Study

2021 ◽  
Vol 1 (1) ◽  
pp. 33-38
Author(s):  
Iskandarsyah Siregar
Keyword(s):  
Foreign Language ◽  
Cultural Diversity ◽  
Qualitative Method ◽  
Official Language ◽  
Public Discussion ◽  
Linguistic Rules ◽  
The Republic ◽  
Bahasa Indonesia ◽  
Descriptive Qualitative

Language is present as a form of crystallization of the values of civilization and mediating and directing the orientation of the movement of civilization. Therefore, language becomes an important and interesting variable to be studied and revised scientifically for the preservation and progress of civilization. The Republic of Indonesia has an official language used by its citizens, namely Bahasa Indonesia. This language aims to unite the Indonesian people who are multicultural or have ethnic and cultural diversity so that no distance separates fellow Indonesian citizens from hundreds of tribes, according to the 1928 Youth Pledge Convention. The thing that must be realized now is the use of the Indonesian language which is getting weaker. The weakness is not that it is not used at all but that foreign terms are included in public discussion, and it tends to be considered more prestigious to be used. This study uses a descriptive qualitative method that refers to the sources of literature and the results of previous studies. The existence of Indonesian can decline when most Indonesians are happy and proud to use a foreign language that is considered more respectable and classier. However, the current condition of the existence of the Indonesian language is still in a safe stage. Bahasa Indonesia can continue to exist while preserving it by following the prevailing context and linguistic rules and developing its construction according to the needs and desires of civilization.

scholarly journals SELF-CONFIDENCE IN ANTHONY McCARTEN’S MOVIE SCRIPT BOHEMIAN RHAPSODY

2021 ◽  
Vol 3 (2) ◽  
pp. 124-134
Author(s):  
Tuti Herawati ◽  
Purwarno Purwarno
Keyword(s):  
Qualitative Method ◽  
Good Condition ◽  
The Self ◽  
Positive Thinking ◽  
Self Confidence ◽  
Inner Self ◽  
Movie Script ◽  
The Individual ◽  
Descriptive Qualitative

This research was aimed at conducting analysis on self-confidence in Anthony McCarten’s movie script, Bohemian Rhapsody. The self-confidence was analysed by using the theory proposed by Lindenfield (1994) who states that self-confidence consists of self-confidence born and inner self-confidence. Self-confidence born allows someone to show confidence in what he will do. This confidence can make someone believe in himself to achieve what he wants. In confidence born, he claims that a person must develop skills such as communication, assertiveness and feeling control. Inner self-confidence is self-confidence that gives to the individual’s feelings and suppositions that the individual is in good condition. There are three main characteristics that are distinctive to people who have a healthy inner self-confidence. The three characteristics are self-love, self-understanding, and positive thinking. This research used descriptive qualitative method because the discussion was descriptively accomplished. The descriptive qualitative method was applied to explain the self-confidence to get success from the quotations in the movie script. The result result shows that self-confidence born and inner self-confidence vividly played important role to make the protagonist’s success come true.

Rekodifikácia trestného zákona v kontexte trestných činov proti republike

2021 ◽  
Author(s):  
Eva Balážová ◽  
Jaroslav Ivor ◽  
Marta Hlaváčová
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Slovak Republic ◽  
Legal Regulation ◽  
Criminal Code ◽  
Change Points ◽  
Modern State ◽  
Criminal Offenses ◽  
The Republic ◽  
The Individual

The issue of the legal regulation of criminal offenses against the republic is interesting and concise, as it points to the importance of protection and security of the societal interests of the Slovak Republic. Defining the individual facts of crimes against the republic ensures protection against crimes that may threaten the very democratic establishment of the republic, its sovereignty, security, defense, as well as its territorial integrity. In the Slovak Republic, the area of crimes against the republic has undergone several changes, in particular the recodification of criminal law. The main crimes related to the ideology and organization of the socialist state were changed after 1989. The basis of the recodification changed the system of the Criminal Code, which expressed a change in the priority of protection of basic human rights and freedoms of individuals over the interests of the state. This change points out the position of the values of the citizens of the Slovak Republic in today’s modern state and at the same time regulates the obligations that the citizen of the whole society has.

scholarly journals Kreativitas Generasi Pesona Indonesia (Genpi) Yogyakarta dalam Mempromosikan Destinasi Digital, Studi Kasus Pasar Ngingrong Gunungkidul

2020 ◽  
Vol 3 (2) ◽  
pp. 98
Author(s):  
Budiman Mahmud Musthofa
Keyword(s):  
Social Media ◽  
Qualitative Method ◽  
Local Communities ◽  
Tourism Destination ◽  
Digital Platform ◽  
Content Retrieval ◽  
The Republic ◽  
Positive Impacts

Abstract Generasi Pesona Indonesia (GenPI) is a community that was inaugurated by the Ministry of Tourism of the Republic of Indonesia in 2016 as an effort in the promotion and development of Indonesian tourism through a digital platform. GenPI is spread in various regions in Indonesia, one of which is in Jogjakarta. This study aims to find out the creativity of the GenPI Yogyakarta in promoting tourism destination, especially the Digital Destinations of “Pasar Ngingrong”, Gunungkidul, Yogyakarta. The method used in this study is a qualitative method with a case study. The results showed that creativity GenPI Jogja in promoting the Digital Destinations of “Pasar Ngingrong” was carried out using social media through the four stages of the promotion, which starts from the process of determining the content, content retrieval, content editing and uploading to social media. GenPI's promotional creativity has succeeded in increasing the number of tourists, helping to advance the digital destination of “Pasar Ngingrong” and providing various positive impacts for digital destination management, Government, and local communities. Keywords: GenPI, Promotion, Digital Destinations, Pasar Ngingrong

scholarly journals PASANG RI KAJANG: THE NOBLE VALUES OF KAJANG TRADITIONAL COMMUNITY IN BULUKUMBA REGENCY

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Raodah Raodah
Keyword(s):  
Data Collection ◽  
Cultural Values ◽  
Qualitative Method ◽  
Literature Study ◽  
South Sulawesi ◽  
Traditional Leader ◽  
The People ◽  
The Relationship ◽  
Descriptive Qualitative

This study aimed to describe the noble values of Pasang in the beliefs of Kajang traditional community in South Sulawesi. Pasang ri Kajang is an oral message containing guidance, customary rules, guidelines, and institutionalized norms by Turie Arakna (God Almighty) to the first Ammatoa (the first people) for the all members of Kajang traditiobal community. These oral messages inherited from generation to generation, from the first Ammatoa into the present Ammatoa according to the faith teachings of Patuntung. Ammatoa as a traditional leader is mandated to carry out all the rules containing in Pasang, supervised the teaching violations of Pasang, and practiced the all teachings of Pasang as cultural values growth in Kajang traditional community. The glory of a person depended on his/her obedience to Pasang called Tu Salama (saved people). The people who throughout their lives adhere to the values of Pasang will feel an enjoy life. The essence of Pasang is to surrender to Turie Arakna, which means surrender to the God willing, do all teachings and avoid all prohibitions of Pasang. This study used descriptive qualitative method. Data collection techniques were interview, observation, and literature study, then be analyzed inductively. From the result study, it is known that there were three noble values of Pasang ri Kajang, namely the relationship between humans with their God, humans with humans, and human with nature. The relationship between humans with their God as the embodiment of values of Pasang ri Kajang is the essence of Manuntungi truth based on the Patuntung belief by Kajang traditional community.

scholarly journals OFFRED AS THE VICTIM OF TOTALITARIANISM IN MARGARET ATWOOD’S THE HANDMAID’S TALE

Prosodi ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 15-26
Author(s):  
Ribka Transiska Deboranti ◽  
Mamik Tri Wedati
Keyword(s):  
Political System ◽  
Qualitative Method ◽  
Hannah Arendt ◽  
Margaret Atwood ◽  
Literary Work ◽  
The Political ◽  
The Novel ◽  
The Republic ◽  
The Way ◽  
Descriptive Qualitative

This study uses descriptive qualitative method which focusing on the literary work in the novel and interpretation on the analysis. The main data is taken from the novel The Handmaid’s Tale written by Margaret Atwood. This subject of study focus on the influences of totalitarianism held in the Republic of Gilead and how Offred resists totalitarianism in the novel. In order to analyze the text, this study uses the theory of Totalitarianism by Friedrich and Brzeziinski and Hannah Arendt. The result of this analysis depicts the political system of totalitarianism in Gilead influences their societies, especially Offred and the way to resist against the regime. The features of totalitarianism are used to depict the characteristics of totalitarianism that happen in Gilead society. The totalitarianism ideology brings Offred’s action to resist against it.

scholarly journals ANALISIS TUJUAN PEMIDANAAN DALAM PEMBARUAN HUKUM PIDANA NASIONAL TERKAIT TINDAK PIDANA ADAT (STUDI DELIK ADAT BALI)

2021 ◽  
Vol 16 (2) ◽  
pp. 183
Author(s):  
I Wayan Suardana ◽  
I Made Walesa Putra
Keyword(s):  
Restorative Justice ◽  
Criminal Law ◽  
Criminal Code ◽  
Customary Law ◽  
Law Reform ◽  
Criminal Sanctions ◽  
Positive Law ◽  
The Supreme Court ◽  
The Republic ◽  
Civil Courts

<p><em>Reform of the National Criminal Law is absolutely necessary with political, practical and sociological considerations. The amend of Criminal Code also include adjustments of the punishment aims, which leads to restorative justice. Likewise the sanctions for criminal offense in adat law, the punishment is less than optimal if only imposed the freedom deprivation to the perpetrator's, it is necessary to make efforts in restoring the situation (balance).</em></p><p><em>This type of research is normative research, by analyzing norms and legislation related to the aim of punishment in customary offenses.</em><em> </em><em>The results of the research that is the aim of customary sentencing is not specifically regulated in positive law, but customary criminal law have the power to apply, based: Article 18 B paragraph (2) of The 1945 State Constitution of the Republic of Indonesia, Emergency Law No. 1 of 1951 on Temporary Measure in Organizing the Unity of the powers and procedure of Civil Courts, Law No. 48 of 2009 on Judicial Power, Law No.39 of 1999 on Human Rights, and the Supreme Court Decisions, among others: (1) Decision No. 1644K / Pid / 1988 dated May 15, 1991; (2) Decision No. 984 K / Pid / 1996 dated January 30, 1996. </em></p><p><em>In the positive law, there is a reflection of restorative justice as a concept that developed in modern criminal law in line with the purpose of sentencing the customary offenses. The aim of sentencing as ius constituendum is formulated in Article 55 paragraph (1) of the 2017 Criminal Code Concept which includes resolving conflicts that arise, restoring balance, and bringing sense of peace and secure in the community, which is in line with customary criminal sanctions because of the visible values of customary law; resolve conflicts, restore balance, and bring a sense of peace in society.</em></p><p><strong> </strong></p><p><strong>Keywords</strong>: Analysis, Purpose of Sentencing, Criminal Law Reform, Customary Criminal Act</p>

scholarly journals Settlement between the offender and the victim according to the criminal code of Serbia

Temida ◽  
2011 ◽  
Vol 14 (1) ◽  
pp. 37-48
Author(s):  
Emir Corovic
Keyword(s):  
Restorative Justice ◽  
Criminal Law ◽  
Criminal Code ◽  
Positive Law ◽  
The Republic

The Criminal Code of the Republic of Serbia from 2005 (which went into effect on January 1st, 2006) has envisaged a particular basis for remittance of punishment which had been unknown in our criminal law. It is about settlement between the offender and the victim, an institution reflecting ideas of restorative justice. Although the settlement between the offender and the victim offers great possibilities, it has not received enough attention in our criminal law literature. We usually come across perfunctory elaboration of the matter, which is justified by insufficient regulations. Thus numerous questions and dilemmas related to the implementation of this institution are being opened, so we will try to give answers to these questions in this paper, that is, to give some solutions for the dilemmas, relying on the positive law of the Republic of Serbia.

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