SUBJEK HUKUM MENURUT HANS KELSEN DAN TEORI TRADISIONAL: ANTARA MANIPULASI DAN FIKSI

2021 ◽  
Vol 10 (1) ◽  
pp. 139
Author(s):  
E. Fernando M. Manullang

AbstrakKonsep subjek hukum adalah salahkonsep inti dalam hukum. Dalam teori tradisional, konsep ini hanya dimaknai hanya berkaitan dengan hak dan kewajiban belaka. Sementara Hans Kelsen melihat bahwa ada persoalan kuasa dalam hak dan kewajiban. Namun, kuasa ini bukanlah kuasa terutama dalam konsep subjek hukum, karena menurut teori tradisional, ada kuasa di baliknya yang menentukan sesuatu itu adalah subjek hukum yang memiliki kuasa hak atau tidak. Relasi antarkuasa ini berpotensi tidak adil, dan bahkan berpotensi menjadi jahat, karena secara potensial ada manipulasi berbaur fiksi atas nama keyakinan agama atau pandangan sosial tertentu, sehingga si penguasa ini dapat menentukan sesuatu itu adalah subjek hukum yang memiliki kuasa atau tidak. Jikalau tidak memiliki kuasa, maka sanksi akan disiapkan untuk menghukum perilaku yang dianggap menyimpang. AbstractThe concept of legal subject is one of the core concepts in law. In traditional theory, this concept is only interpreted in its relation to the rights and obligations. While Hans Kelsen sees that such concept is related to power in rights and obligations. However, this power is not the supreme power in the concept of legal subjects, because according to traditional theory, there is another power behind it which determines the existence of a legal subject whether it has power or not. This power relation is potentially unfair, and even vicious, because there is plausible manipulation mixed with fiction in the name of a religious belief or a social view, hence such power can determine whether a legal subject has power or not. If it has no power, then sanctions will be defined to punish certain behavior that is considered socially improper.

2008 ◽  
Author(s):  
Christopher Layne ◽  
Abigail Gewirtz ◽  
Chandra Ghosh Ippen ◽  
Renee Dominguez ◽  
Robert Abramovitz ◽  
...  
Keyword(s):  
The Core ◽  

Jumping, climbing and suspensory locomotion are specialized locomotor mechanisms used on land and in the air. Jumping is used for rapid launches from substrates. Climbing and suspensory movements enable locomotion up, under and through vertically-structured habitats, such as forests. Elastic energy storage is particularly important for jumping and catapult systems and we address the core concepts of power amplification that are exemplified in nature’s extreme jumpers. We examine the diverse mechanisms of attachment that characterize animals that can grasp and adhere to a diversity of structures. We conclude the chapter by examining the integration of biological capabilities with engineering innovations in these systems.


Author(s):  
Yusuf Cinar ◽  
Peter Pocta ◽  
Desmond Chambers ◽  
Hugh Melvin

This work studies the jitter buffer management algorithm for Voice over IP in WebRTC. In particular, it details the core concepts of WebRTC’s jitter buffer management. Furthermore, it investigates how jitter buffer management algorithm behaves under network conditions with packet bursts. It also proposes an approach, different from the default WebRTC algorithm, to avoid distortions that occur under such network conditions. Under packet bursts, when the packet buffer becomes full, the WebRTC jitter buffer algorithm may discard all the packets in the buffer to make room for incoming packets. The proposed approach offers a novel strategy to minimize the number of packets discarded in the presence of packet bursts. Therefore, voice quality as perceived by the user is improved. ITU-T Rec. P.863, which also confirms the improvement, is employed to objectively evaluate the listening quality.


Inclusion ◽  
2014 ◽  
Vol 2 (3) ◽  
pp. 237-247 ◽  
Author(s):  
Karrie A. Shogren ◽  
Michael L. Wehmeyer

Abstract This article analyzes the relationship between the core concepts of disability policy and the three generations of inclusive practices. Specifically, we review the three generations of inclusive practice, highlighting the core concepts that have been most strongly emphasized during each generation of inclusive practices. Because we are early in the third generation of inclusive practices, we conclude by examining how the core concepts can guide and direct third generation inclusive practices and how future research, policy, and practice can actualize the aspirational values of all of the core concepts to enable desired outcomes.


2018 ◽  
Vol 46 (4) ◽  
pp. 305-314 ◽  
Author(s):  
Everett L. Worthington

I examine religious humility, which is one content area of intellectual humility. Intellectual humility is the subtype of humility that involves taking a humble stance in sharing ideas, especially when one is challenged or when an idea is threatening. I position religious humility within the context of general humility, spiritual humility, and relational humility, and thus arrive at several propositions. People who are intensely spiritually humble can hold dogmatic beliefs and believe themselves to be religiously humble, yet be perceived by others of different persuasions as religiously dogmatic and even arrogant. For such people to be truly religiously humble, they must feel that the religious belief is core to their meaning system. This requires discernment of which of the person’s beliefs are truly at the core. But also the religiously humble person must fulfill the definition of general humility, accurately perceiving the strengths and limitations of the self, being teachable to correct weaknesses, presenting oneself modestly, and being positively other-oriented. Humility thus involves (1) beliefs, values, and attitudes and (2) an interpersonal presentational style. Therefore, intellectually humble people must track the positive epistemic status of their beliefs and also must present with convicted civility.


Author(s):  
Birger Sevaldson

The resent movement of Systemic Design seeks for new synergies between Design and Systems. While the usefulness of systems approaches in design has been fairly obvious, this paper argues that many core concepts in design are beneficial in systems thinking. This seems reasonable when it comes to the concept of Design Thinking. However, as this paper argues, the more practical core concepts of design are equally important. Designerly skills have been regarded as belonging mainly in the realm of traditional commercial design, whereas design thinking has been regarded as useful in strategic management settings. This paper argues against the idea of separating design thinking from design action. The skills and competences of design, such as the composition of the shape and form that are obvious in product design, are central to Systems Oriented Design (SOD). SOD is a version in the emerging pluralistic field of Systemic Design. The Systemic Design movement should recognise the core values of design and integrate them in systems thinking. This integration would contribute to innovation in both Systemic Design and systems thinking. Among the core competences of design discussed in the paper are composition, choreography, orchestration, the notion of the Gesamtkunstwerk and open-ended multi-scalar design strategies that allow for both structural and organic development. The paper provides examples to support its proposal for the use of concrete aesthetic principles to guide Systemic Design processes. This paper expands the working paper entitled “Holistic and dynamic concepts in design: What design brings to systems thinking”, which was presented at the RSD3 symposium (2014). 


2012 ◽  
Vol 190-191 ◽  
pp. 249-252
Author(s):  
Zheng Jing Wan

The Interactive Electronic Technical Manual (IETM) can solve some practical application problems of the traditional paper technical manuals on storing difficulty and resource sharing inefficiency well. The S1000D specification is an international specification of development IETM. In the paper the S1000D specification is introduced briefly. Then the meanings of Data Module (DM) and Common Source Database (CSDB) which are the core concepts of the S1000D specification are analyzed. At last, the development process of IETM based on S1000D specification is given.


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