scholarly journals RELASI NEGARA DAN AGAMA

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Hufron Hufron

Basically the normative judical of the State Administration System of the Republic of Indonesia after the amandement of the 1945 Constitution relating to the regulation of the relationship between the State and Religion is sufficient and meaningful, beginning in the Preamble to the 1945 Constitution, and the articles in the body, starting Article 9, Article 22 D, Article 24 Paragraph (2), Article 28E Paragraph (1), Article 28J Paragraph (2), Article 31 Paragraph (3) and (5) of the 1945 Constitution. At the practical level, the dynamics of State and Religious Relation Post-Change of 1945 Constitution shows a more dynamic relationship and harmonious, the existence of symbiotic-mutualism between the role of the Government of Indonesia and Religion in realizing the goals of the state government as stated in the Preamble of the 1945 Constitution. This is proven factually in the Indonesian constitutional practice there are various laws and regulations that base or adopt the values of the substance of Islam. Such as Marriage Law, Zakat Law, Religious Judicature Law, Wakaf Law, Haj Administration Law, Sharia Banking Law, State Sharia Securities Law and the birth of various Regional Regulations (Perda) based on Shariah (qonun) in the current era of regional autonomy Keywords:  Religion, State, State System

2011 ◽  
pp. 241-258
Author(s):  
Zoran Loncar

Under the new law on travel documents, in addition to authority that has the Government of Serbia, in terms of issuing travel documents and a shared competence between the Ministry of Internal Affairs and the Ministry of Foreign Affairs depending on the type of travel document in question. Ministry of Foreign Affairs is authorized to issue a diplomatic passport, official passport and travel document, while all other travel documents are issued by the Ministry of Internal Affairs. When it comes to the passport as the most important travel document the jurisdiction of the Ministry of Internal Affairs is fully established. Diplomatic and Consular Missions of the Republic of Serbia abroad can now only receive requests for passport, but the issuance of travel documents of this type is exclusive jurisdiction of the Ministry of Internal Affairs. Such jurisdiction of the state administration in the process of issuing travel documents, along with other novelties which significantly modernize this kind of special administrative procedures should in practice very quickly enable the efficient issuance of travel documents, thus achieving the complete freedom of movement as one of the rights guaranteed by the Constitution to the citizens of the Republic of Serbia.


2019 ◽  
Vol 1 (1) ◽  
pp. 51-58
Author(s):  
Fachrizza Sidi Pratama

Legislation is one of the legal products issued by the state government component. In this case, the laws and regulations include the Constitution of the Republic of Indonesia year 1945, the Decree of the People's Consultative Assembly, The Law / Regulation of the Government In lieu of Laws, Government Regulations, Presidential Regulations, and Local Regulations. As for its application, the rules have levels in the arrangement, where there are sections that explain macro and its derivatives that are narrowing down to the implementing regulations. The levels of the rules must be complete because each of them has its own function.  Meanwhile, in this journal, there will be a discussion on the phenomenon of legal vacancies in the case study of Government Regulation of the Republic of Indonesia Number 51 of 2020 related to the Period of Extending Passports to 10 Years, where in the issuance of government regulations have not been included implementing regulations that will regulate how the implementation of government regulations in the field.  


Author(s):  
Mikhalien Du Bois

This article views section 4 of the Patents Act 57 of 1978 against section 25 of the Constitution of the Republic of South Africa, 1996 and Article 31 of the Agreement on Trade-Related Aspects of Intellectual Property Rights of 1994 (hereafter TRIPS). The purpose is to find a suitable framework for the state/government use/utilisation of patented products or processes for public purposes. A comparison is done with the Crown use provisions in United Kingdom, Australian and Canadian law to find a suitable approach to questions relating to remuneration for state use, the prior negotiations requirement set by Article 31 of TRIPS, and the public purposes and exclusive patent rights that would be included under state use. The COVID-19 international pandemic has caused a state of national disaster in South Africa, which is exactly the kind of situation of extreme urgency envisioned by the exception in Article 31 of TRIPS, which permits the state use of patents without requiring prior negotiations with the patent owner. In the battle against COVID-19 and its concomitant fallout, the South African government (and authorised private parties) would be permitted to utilise patent rights without explicit authorisation from the patent owner and without prior negotiations, but subject to the payment of reasonable remuneration by the government and other terms and conditions as agreed upon or as determined by a court. This may include making (manufacturing), using, exercising, and importing patented products (for example, personal protective equipment, pharmaceuticals, ventilators and diagnostic tests) deemed necessary in the fight against COVID-19. Foreign jurisdictions considered in this article indicate that section 4 of the Patents Act 57 of 1978 may certainly benefit from an update to provide detailed guidance on the state use of patented products or processes for public purposes. In the interest of a timeous offensive against the COVID-19 virus, the patent provisions need a speedy update to allow state use compliant with TRIPS and the Constitution of the Republic of South Africa, 1996.


Author(s):  
Anika Kovačević ◽  

The author analyzes the composition, affairs and tasks of the Government, as well as the Government's attitude towards the National Assembly, the President of the Republic and the state administration, in order to more precisely normative position the Government as the bearer of executive power in the constitutional system of Serbia. The Government of the Republic of Serbia, together with the state administration, represents an extremely complex, fundamentally important system for the functioning of the institutional, legal and political order of our country. Building a legitimate and efficient relationship of cooperation with these bodies, while respecting the competencies and control mechanisms of the Government provided by the Constitution and laws, is a necessary factor in further upgrading Serbia as a state governed by the rule of law, achieving the principle of separation of powers in Serbia.


2019 ◽  
Vol 19 (2) ◽  
pp. 94-107
Author(s):  
Rupi'i Amri

Abstract: The tendency to apply sharia to the state or government by some Muslims is a very interesting new phenomenon in many Muslim countries. Several Muslim countries, such as Indonesia, Pakistan, Jordan, Sudan, Egypt, Morocco, Kuwait and Iran are examples of countries where "Islamist" groups want to implement sharia into government. Of course this desire raises different views from Islamic figures, some support and some oppose it. This paper seeks to find answers to the problems that arise from the views of supporters and opponents of the Islamic state, with the core of the problem are:  (1) seeking and knowing the concept of Islam and Caliphate in the Islamic political system; (2) explaining the government system according to historical perspective; namely in the era of the Prophet Muhammad and Khulafa ar-Rasyidin; and (3) explaining the relationship between religion and state in the concept of siyasa fiqh. The conceptual framework used in this paper is that there are two important things to be achieved in politics, namely (1) politics as anything related to state administration; and (2) politics as all activities directed to seek and maintain power in society. In relation to this, there is often a "tension" between groups that want to implement the Shari'ah into the rules of government with groups that oppose it. If the desires of the two groups cannot be met, then there is no possibility of various acts of violence in a country, and can even lead to a coup against the current government. Some findings from this study are that (1) System of government in an Islamic perspective is not clearly stated in the Quran and Sunnah so that Islamic political thinkers disagree over what government system must be applied in a nation state; (2) In a historical perspective, the system of government in the time of the Prophet Muhammad was more concerned with the substance of Islamic values into the system of state government. This can be seen rules of the Madina Constitution, while the government of the Khulafa ar-Rasyidin used a system of power of autocracy and monarchic dynasty; (3) Islamic political thinkers differ in their views on the relation between religion and state in the concept of siyasa fiqh into three groups, namely (1) religion and state must be integrated and cannot be separated because the state is a political and religious institution; (2) religion and state are not related at all because the Prophet Muhammad was only an ordinary prophet like the previous prophet with the single task of inviting people back to noble life; (3) religions and state relate reciprocally and need each other. Abstrak: Kecenderungan untuk menerapkan syariah Islam ke dalam negara atau pemerintahan oleh sebagian orang Islam merupakan gejala baru yang sangat menarik di banyak negara Muslim. Beberapa negara muslim, seperti Indonesia, Pakistan, Yordania, Sudan, Mesir, Maroko, Kuwait dan Iran merupakan contoh negara-negara di mana kelompok-kelompok “Islamis”-nya ingin menerapkan syariah ke dalam pemerintahan. Tentu saja keinginan tersebut menimbulkan pandangan yang berbeda-beda dari tokoh-tokoh Islam, sebagian ada yang mendukung dan sebagian lagi menentangnya. Tulisan ini berusaha untuk mencari jawaban terhadap permasalahan-permasalahan yang muncul dari pandangan para pendukung dan penentang  negara  syariah, dengan inti permasalahannya adalah : (1) mencari dan mengetahui konsep Islam dan Kekhalifahan dalam sistem politik Islam; (2) menjelaskan sistem pemerintahan dalam perspektif historis, terutama pada masa Nabi Muhammad dan Khulafa ar-Rasyidin, dan (3) menjelaskan hubungan agama dan negara dalam konsep fiqh siyasah. Kerangka konseptual yang dipergunakan dalam tulisan ini adalah bahwa terdapat dua hal penting yang hendak dicapai dalam politik, yaitu       (1) politik sebagai segala yang berkaitan dengan penyelenggaraan negara; dan (2) politik sebagai segala kegiatan yang diarahkan untuk mencari dan mempertahankan kekuasaan dalam masyarakat. Dalam kaitannya dengan hal tersebut, seringkali terjadi “ketegangan” antara kelompok yang ingin menerapkan syari’ah ke dalam aturan-aturan pemerintahan dengan kelompok yang menentangnya. Apabila keinginan dari kedua kelompok tersebut tidak dapat dipertemukan, maka tidak menutup kemungkinan akan terjadi berbagai tindak kekerasan dalam suatu negara, dan bahkan dapat menimbulkan kudeta terhadap pemerintahan yang sedang berjalan. Beberapa temuan dari peneletian ini adalah (1) Sistem pemerintahan dalam perspektif Islam tidak disebutkan secara jelas dalam al-Quran dan Sunnah sehingga para pemikir politik Islam berbeda pendapat tentang sistem pemerintahan apa yang harus diterapkan ke dalam sebuah negara-bangsa (nation-state); (2) Dalam perspektif historis, sistem pemerintahan pada masa Nabi Muhammad lebih mementingkan substansi nilai-nilai Islam ke dalam sistem pemerintahan negara. Hal ini dapat dilihat pada aturan-aturan yang tertuang dalam Piagam Madinah, sedangkan pemerintahan pada masa Khulafa’ ar-Rasyidin menggunakan sistem “autocratic power” (kekuatan autokrasi) dan a dynastic monarchy” (dinasti monarkhi); (3) Para pemikir politik Islam berbeda pandangan dalam menyikapi relasi agama dan negara dalam konsep fiqh siyasah menjadi tiga kelompok, yaitu pertama, agama dan negara harus terintegrasi dan tidak dapat dipisahkan sebab negara merupakan lembaga politik dan sekaligus keagamaan, kedua, antara agama dan negara tidak berhubungan sama sekali (terpisah) karena Nabi Muhammad hanyalah seorang Rasul biasa seperti halnya rasul-rasul sebelumnya, dengan tugas tunggal mengajak manusia kembali kepada kehidupan yang mulia, ketiga, agama dan negara berhubungan secara timbal balik dan saling membutuhkan.


Author(s):  
Khalid Dahlan ◽  
Anna Erliyana Chandra

Efforts to encourage the implementation of proper governments are continually done in each country, including one of them in the Republic of Indonesia. A decent government can be realized if it is followed by government decisions that are responsive to the needs and interests of the community. The decision of the state administration officials in the effort to realize a proper government must be based on the general principles of good governance, especially those that have been mentioned in Act. No. 30 of 2014 concerning Government Administration. In term of realizing a proper government, it not only becomes the duty of the state administration officials through the decisions formed, but also the involvement of the community as the plaintiff for any government decision that feels disadvantaged and the state administrative court as an institution that examines and decides disputes between the community and the government by continuing to refer the laws and general principles of a good government is part of realizing a good governance.


1970 ◽  
Vol 20 (274) ◽  
pp. 105-114
Author(s):  
Barbara Węglarz

National Firefighting and Rescue System (NFRS) has been created to protect population, property and environment within the territory of the Republic of Poland by the following activities: extinguishing fires, fighting against the local threats, chemical and ecological rescue operations, technical rescue operations and first medical aid. NFRS, as an integral part of the internal security system of the country, is financed by the Government. The Chief Commandant of the State Fire Service is the central body of the state administration responsible for organization and managing the NFRS. The system operates on three administrative levels corresponding with the administrative structure of the country: district (main executive level, where interventions are carried out by the district’s resources), regional (coordination and assistance to the rescue operations when resources in the district are insufficient) and national (rescue operations assistance and coordination when resources in the region are insufficient). The main purpose of this article is to present : tasks performed by the NFRS (National Firefighting and Rescue System), functioning of the system at three levels (district, regional and national), cooperation of the NFRS with subjects like Police, Border Guard, units of Voluntary Fire Brigade and many others.


2019 ◽  
Vol 10 (3) ◽  
pp. 850
Author(s):  
Aigerim M. NEMEREBAEVA ◽  
Zhazira D. ERALIEVA

Since the declaration of the state independence of Kazakhstan, along with the implementation of systemic economic, political and social reforms, the state chose a policy of large-scale reforming the system of local state administration to maximize the implementation of the declared rights of citizens. The conducted research provided an opportunity to develop and reveal the essence, content and objective factors of development of the constitutional-legal mechanism for ensuring the citizens’ rights for participation in local state administration in the Republic of Kazakhstan as well as to analyze its conceptual-categorical apparatus. Based on the author's factor model, a number of tendencies of the development of the investigated constitutional law were determined, specific ways of its modernization and qualitative efficiency improvements of its functioning were proposed. Also, it is argued that the institutions of state power are obliged to contribute to the development of a unified Strategy for Reforming the System of Local State Government that should be based on a set of the norms of the Constitution of the Republic of Kazakhstan, international standards of human rights and anthropocentrism in the field of building an effective system of local state administration.  


2018 ◽  
Vol 37 (1) ◽  
pp. 108
Author(s):  
Muhammad Abdul Azis

<p><em>Freedom of association, assembly and expression is a part of human rights guaranteed by the 1945 Constitution of the State of the Republic of Indonesia. This freedom also includes the propagation of religious teachings as an ideology for transformation to real life. For Muslims, especially da'i certainly have great ideals for the realization of a prosperous fair society that is directed by Allah SWT. It can be fought, one of which can be through social organization.During the 72 years of independent Indonesia, several regulations issued by the government to regulate the system and mechanisms of mass organizations have added controversy to Islamic mass organizations. In the new order, some organizations threatened to be dissolved and not recognized for rejecting the sole principle of Pancasila. The dynamic continues until the reform era. This can be an afterthought for the da'wah perpetrators, especially those who take the path of the organization to pay more attention to the basic aspects of administrative formation with respect to the state / government, because it will subsequently be very influential on the sustainability of da'wah in the future.</em></p>


2020 ◽  
Vol 2 (1) ◽  
pp. 43-54
Author(s):  
Glery Lazuardi

This study aims to analyze the status of dual citizenship in terms of Law Number 12 of 2006 on Citizenship of the Republic of Indonesia. This research uses normative legal research methods. Normative legal research is research conducted by conducting a study of statutory regulations, namely Law Number 12 of 2006 on Citizenship of the Republic of Indonesia, whether it is relevant to be applied to a legal problem. The legal problem in this study is the citizenship status of Gloria Natapradja. In 2016, Gloria Natapradja was dismissed as an official of the Heirloom Flag raiser after having French citizenship, who followed the citizenship of her biological father. After conducting research, it is known, the state has an obligation to protect the rights of citizens. The state should pay attention and protect citizens regarding the status of citizens. The problems experienced by Gloria Natapradja, because citizenship status can be seen as not yet the maximum role of the government to protect citizens. The issue of citizenship in Gloria Natapradja requires the government to review the regulation of citizenship status as regulated in Law Number 12 of 2006 on Citizenship of the Republic of Indonesia.


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