scholarly journals DISKRESI SEBAGAI KEBEBASAN BERTINDAK PEMERINTAH (Tinjauan Konseptual dan Empris)

2018 ◽  
Vol 4 (1) ◽  
Author(s):  
Yusri Munaf
Keyword(s):  
Rule Of Law ◽  
Central Government ◽  
Regional Government ◽  
Discretionary Power ◽  
Government Action ◽  
The Rule Of Law ◽  
Government Administration ◽  
The People ◽  
Specific Sense ◽  
Discretionary Powers

The concept of discretion is the concept of power, in this case the power of government in the sense of narrow (bestuur). Discretion as a concept of power is power in a specific sense, not in the routine sense. The power of discretion here is the freedom of government action. Freedom here has a neutral understanding, which describes the existence of a power to choose various actions. This discussion aims to provide clarity on the concept of discretionary power in the administration of government that is still controversial from various aspects so that the concept of power of discretion is not only acceptable power, but also at the same time acceptable juridically and morally / ethically. The discussion is complemented by empirical aspects of the application of discretion to the implementation of local government in Indonesia. The central government guarantees the protection of discretionary regional heads to accelerate the development and welfare of the people. Ministry of Home Affairs, explains that there are now Law No. 23 of 2014 on Regional Government, and Law No. 30 of 2014 on Government Administration, which guarantees discretion by the regional head. In principle, Law No. 23 of 2014 and Law No. 30 of 2014 serve as guidelines for the regional head to innovate and undertake discretion without hesitation and fear. However, the government's discretionary powers must remain operative under a legal system of the rule of law. Under the prescriptions of the rule of law principle, the government's discretionary powers coexist with the rule of law principle, the power of government discretion coexists with the principle of responsible goverment.

Aristotle on the Rule of Law

2006 ◽  
Vol 23 (1) ◽  
pp. 116-138 ◽  
Author(s):  
Steve Wexler ◽  
Andrew Irvine
Keyword(s):  
Rule Of Law ◽  
Modern Democracy ◽  
Government Action ◽  
The Rule Of Law ◽  
The People ◽  
The Law ◽  
The Difference

In Politics III.10 and IV.4, Aristotle discusses the difference between governments that are regulated by the rule of law and those that are not. Although he concludes that the rule of law helps guard against arbitrary and injudicious government action, Aristotle is also sensitive to the fact that in a democracy it is essential for the people to remain sovereign over the law. His discussion is helpful for understanding, not only the tension between the ‘rule of law’ and the ‘rule of men’, but also the complex role the rule of law plays in any modern democracy.

PERAN NASKAH AKADEMIK DAN DAFTAR INVENTARISASI MASALAH DALAM MEWUJUDKAN PERATURAN DAERAH NOMOR 2 TAHUN 2015 TENTANG PERLINDUNGAN ANAK YANG ASPIRATIF DI KOTA TANGERANG

2018 ◽  
Vol 1 (2) ◽  
pp. 282-297
Author(s):  
Hendra Sudrajat ◽  
Beggy Tamara
Keyword(s):  
Rule Of Law ◽  
Child Protection ◽  
Regional Government ◽  
The Rule Of Law ◽  
The People ◽  
Democratic State ◽  
The Republic ◽  
Regulation Approach ◽  
The City

The rule of law provides guarantees for human rights and popular sovereignty through the constitution. The 1945 Constitution of the Unitary State of the Republic of Indonesia is the highest constitution of Indonesia as the foundation for the implementation of the rule of law of democracy. With the rolling of reforms by amending the constitution to establish new formats of regional government, including the construction of ideal regional regulations. The ideal regional regulation is one that is able to provide solutions to various community problems through binding regulations. The type of research used is normative legal research using a statutory approach or statute approach and a case approach or case approach. the statutory approach or statute approach is to use the regional regulation approach. The establishment of regional regulations is the authority of the Regional People's Legislative Assembly together with the Regional Head, but sometimes raises various problems, namely the role of the regional government more strongly than the people in the process of drafting regional regulations without accommodating the aspirations of the people, including the formation of regional regulations as a form of democracy and participation in the regions. Community participation in the process of forming Regional Regulation Number 2 of 2015 concerning Participatory Child Protection in the City of Tangerang Banten Province is very important to realize a democratic state of law through aspirational regional regulations.

Determinanty wewnętrzne polityki zagranicznej Ukrainy pod rządami Wołodymyra Zełenskiego

2019 ◽  
Vol 17 (1) ◽  
pp. 123-141
Author(s):  
Tomasz Stępniewski
Keyword(s):  
Market Economy ◽  
Rule Of Law ◽  
Political System ◽  
Free Market ◽  
Stable State ◽  
Free Market Economy ◽  
The Rule Of Law ◽  
The People ◽  
Internal Politics ◽  
Research Questions

The present paper discusses the following research questions: to what extent did errors made by the previous presidents of Ukraine result in the country’s failure to introduce systemic reforms (e.g. combating corruption, the development of a foundation for a stable state under the rule of law and free-market economy)?; can it be ventured that the lack of radical reforms along with errors in the internal politics of Ukraine under Petro Poroshenko resulted in the president’s failure?; will the strong vote of confidence given to Volodymyr Zelensky and the Servant of the People party exact systemic reforms in Ukraine?; or will Volodymyr Zelensky merely become an element of the oligarchic political system in Ukraine?

scholarly journals ANALISIS PERKEMBANGAN KEMAMPUAN KEUANGAN DAERAH DALAM MENDUKUNG PELAKSANAAN OTONOMI DAERAH PADA DINAS PENDAPATAN DAERAH KOTA TIDORE

2018 ◽  
Vol 13 (04) ◽  
Author(s):  
Umilhair Alting ◽  
Winston Pontoh ◽  
I Gede Suwetja
Keyword(s):  
Local Government ◽  
Regional Development ◽  
Central Government ◽  
Fiscal Decentralization ◽  
Regional Government ◽  
Financial Capability ◽  
Growth Ratio ◽  
Regional Autonomy ◽  
New Beginning ◽  
The People

Fiscal decentralization is one the major component of the decentralization implementation of regional autonomy. As the new beginning in regional development and the people in managing the resources or all of the potential to the prosperity and the progress of region. Financial aspect is one of the basic criteria to find out the real capability regional government in managing their autonomy system (household system) the capability of regional government in managing their financial can be seen in APBD which describes the capability of local government in financing the activities of development task and equity in each region. The purpose of this research is to determine the financial capability of Tidore in regional autonomy especially in 2013-2017 judging by ratio of independency, decentralization fiscal degree, growth ratio. This research used observation, interview and documentation to collect the data. The data was analyzed using qualitative and quantitative data with described analysis. The result showed that the independence ratio of Tidore has been able to improve its financial capability. The degree of decentralization is still highly dependent on the central government, although it has been increasing year by year. Growth rate fluctuated this indicates the local government of Tidore is not too concerned with regional development and community welfare.Keywords: regional autonomy, ratio of independency, The degree of decentralization ratio, Growth ratio.

scholarly journals KEDUDUKAN DAN TANGGUNGJAWAB PRESIDEN DALAM SISTEM PRESIDENSIAL DI INDONESIA

2018 ◽  
Vol 2 (2) ◽  
pp. 173-190
Author(s):  
Moh Hudi
Keyword(s):  
Rule Of Law ◽  
Chief Executive ◽  
The Rule Of Law ◽  
The People ◽  
Head Of State ◽  
Presidential System ◽  
Before And After ◽  
The Government ◽  
Head Of Government

The Government system greatly determines the position and responsibility of the president. Even in the same system of government, the president’s position and responsibility may change, depending  on   The  Rule  of   Law  in a particular country. The position and responsibility of the president in the presidential system in Indonesia has change several times. This can be seen before and after the amandement. President in presidential   System   as  Head  of  Government  and   Head  of   State. So that the president has broad authority. The president is not responsible to the parliament, because institutionally the parliament is not higher than the president as the chief executive, but is responsible to the people as voters.

scholarly journals Analisis terhadap Larangan Analogi dalam ‎Rancangan Undang-Undang Kitab Undang-Undang ‎Hukum Pidana

2016 ◽  
Vol 2 (2) ◽  
pp. 408-419
Author(s):  
Ikhsan Fatah Yasin
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Criminal Code ◽  
The Rule Of Law ◽  
The Public ◽  
The People ◽  
Draft Bill ◽  
Good Analogy

Abstract: This article discusses the analysis of the prohibition of analogy in the Draft Bill. The majority of the experts of jurisprudence against analogy. The author does not agree with the ban on using the analogy in the Draft Bill, but justifies the analogy with the record, the judge must be competent and with integrity. If the judge is unable to make analogy, then he could use self-interpretation to find a legal decition. The argument of usage of analogy is to seek substantial justice for the people without setting aside the individual’s rights, because by using the analogy, the rule of law will remain unfulfilled. It is because the crime, in its various forms, is still contrary to morality even though it is not written, and even if the crime has an impact to the public. In Islamic law, the method of qiyâs compiled by Imam Shafi’i in may be used as a good analogy, because qiyâs method has been tested by producing many laws.Keywords: Analogy, draft bill, the criminal code. Abstrak: Artikel ini membahas tentang analisis terhadap larangan analogi dalam RUU KUHP. Mayoritas para ahli ilmu hukum menentang analogi. Penulis tidak sepakat dengan larangan menggunakan analogi dalam RUU KUHP, tetapi membenarkan analogi dengan catatan, hakimnya harus kompeten dan berintegritas. Jika hakimnya memang tidak mampu untuk beranalogi, maka ia masih bisa menggunakan interpretasi untuk menemukan hukumnya.   Argumen diperbolehkannya analogi adalah untuk mencari keadilan substansial bagi masyarakat tanpa menyampingkan perlindungan individu, sebab dengan menggunakan analogi kepastian hukum akan tetap terpenuhi. Karena kejahatan, dalam berbagai bentuknya, tetap saja bertentangan dengan kesusilaan meskipun ia tidak tertulis, apalagi jika kejahatan tersebut membawa pengaruh kepada masyarakat luas. Dalam hukum Islam, metode qiyâs yang disusun oleh Imam Syafi’i dalam berijtihad mungkin dapat digunakan sebagai proses analogi yang baik, sebab metode qiyâs ini sudah teruji dengan memproduksi banyak hukum. Kata Kunci: Analogi, Rancangan Perundang-undangan, KUHP.

scholarly journals The Rule of Law and National Security in Nigerian Democracy: A Contemporary Issue under the Aegis of International Law

2021 ◽  
Vol 7 (2) ◽  
pp. 148-168
Author(s):  
Isaac O. C. Igwe
Keyword(s):  
National Security ◽  
International Law ◽  
Rule Of Law ◽  
Freedom Of Speech ◽  
Limiting Factor ◽  
The Rule Of Law ◽  
It Impacts ◽  
Contemporary Issue ◽  
The People ◽  
The Government

Although brutality can repress a society, it never assures the sustainability of that conquest. Tyranny steers the hopeless to despair, edges to rebellion, and could open the door for a new tyrant to rise. Law becomes a limiting factor that must act as a stopgap to the avaricious intentions of a dictator. A democratic leader must incorporate the supremacy of the law and honest officials into his government. He shall also create courts of law, treat the poorest citizens with fairness and build a hall of justice to bring the society to modernity with the operation of the rule of law enshrined in the constitution. Legislation is nothing without enforcement and Law is no law if not accepted and respected by the people. The rule of law cannot be said to be working in a country where the government continues to violate the orders of the court, unlawfully detain its citizens, abuse human rights including arbitrary and extra-judicial executions, unlawful arrests and detentions, embargo on freedom of speech and press, impunity and inhumane torture, degradation of people or exterminations. This treatise will argue on the supremacy of the “Rule of Law” as it impacts Nigerian democracy. Keywords: Rule of Law; Democracy; Judiciary; Supremacy; Government; Tyranny; Nigerian Constitution

State, Sovereignty, and the People: A Comparison of the “Rule of Law” in China and India

2009 ◽  
Vol 68 (1) ◽  
pp. 55-100 ◽  
Author(s):  
Jonathan K. Ocko ◽  
David Gilmartin
Keyword(s):  
Rule Of Law ◽  
Social Order ◽  
The Political ◽  
British India ◽  
Fourth Section ◽  
The Rule Of Law ◽  
China And India ◽  
The People ◽  
History Of

This paper uses the concept of the “rule of law” to compare Qing China and British India. Rather than using the rule of law instrumentally, the paper embeds it in the histories of state power and sovereignty in China and India. Three themes, all framed by the rule of law and the rule of man as oppositional yet paradoxically intertwined notions, organize the paper's comparisons: the role of a discourse of law in simultaneously legitimizing and constraining the political authority of the state; the role of law and legal procedures in shaping and defining society; and the role of law in defining an economic and social order based on contract, property, and rights. A fourth section considers the implications of these findings for the historical trajectories of China and India in the twentieth century. Taking law as an instrument of power and an imagined realm that nonetheless also transcended power and operated outside its ambit, the paper seeks to broaden the history of the “rule of law” beyond Euro-America.

VLADAVINA PRAVA NA „USLUZI“ NARODU, KROZ TEORIJU I PRAKSU

2021 ◽  
Author(s):  
Ana Opačić ◽  
◽  
Vladimir Vrhovšek ◽  
◽  
Keyword(s):  
Rule Of Law ◽  
Case Law ◽  
Theory And Practice ◽  
Legal Norm ◽  
The Rule Of Law ◽  
Know How ◽  
The People ◽  
Key Factor ◽  
Law And Justice ◽  
Legal Security

We, as the authors of this text, have found it important to point out the close connection between law and justice, theory and practice, because citizens go to court for justice. The judge says what justice is. However, when the legal norm is available and well known to the persons, to whom it refers, and when it is predictable and the case law is uniform, the persons to whom the legal norm refers, can know their rights and obligations concretely, and thus know how to treat them. In order to that they must behave and anticipate the consequences of their behavior. When all the above has been fulfilled, it can be said that the requirements of the rule of law and legal security have been met, so it can be freely said that law and justice are at the "service of the people", through theory and practice. It should be reminded that the precision of the legal norm is one of the basic elements of the rule of law and is a key factor for the emergence and maintenance of the legitimacy of the legal order, which applies to all branches of law, and that court decisions are binding on all.

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