scholarly journals MELURUSKAN PENAFSIRAN TENTANG PANCASILA

Author(s):  
Wira Atma Hajri ◽  
Zulherman Idris ◽  
Masriko Riantono

Pancasila has a very strategic position in the life of the nation and state. Pancasila is not only as a source of all sources of law, but also as the basis of the state, state ideology, and philosophical basis of the state. Nevertheless, ironically the interpretation of Pancasila itself is even diverse. It simply depends on the holder of power. The purpose of this study is to find out the correct interpretation of Pancasila in Indonesia, especially the principle of the Almighty God who illuminates the other precepts. This research is a library research. Analysis was carried out qualitatively using a statutory approach, case approach, conceptual approach, and historical approach, political approach, and comparison approach. The results of this study are that there is a deviation from Pancasila when Pancasila is not interpreted correctly and does not want to be honest with the history of the formulation of Pancasila itself. Therefore it is not surprising when in practice, there are laws, understandings, actions or actions that are contrary to Pancasila.

2018 ◽  
Vol 61 (3) ◽  
pp. 79-98
Author(s):  
Allison K. Shutt

Abstract:This article reviews the history of defamation cases involving Africans in Southern Rhodesia. Two precedent-setting cases, one in 1938 and the other in 1946, provided a legal rationale for finding defamation that rested on the ability of litigants to prove they had been shamed. The testimony and evidence of these cases, both of which involved government employees, tracks how colonial rule was altering hierarchy and changing definitions of honor, often to the bewilderment of the litigants themselves. Importantly, both cases concluded that African employees of the state deserved special protection from defamation. The article then traces how the rules and ambiguities resulting from the legal logic of the 1938 and 1946 cases gave a wider group of litigants such as clerks, police, clergy, and teachers room to maneuver in the courtroom where they also claimed their professional honor. Such litigants perfectly understood the expectations of the court and performed accordingly by recounting embarrassing, even painful, experiences, all to validate their personal and professional honor in court. Such performances raise the question of how we might use court records to write a history of the emotional costs to people who used astute strategies that rested on dishonorable revelations to win their cases.


Author(s):  
Herman Mark Schwartz

Theories that the state and market are in a conflictual and binary relationship read the history of the past 30 years as a triumph of the market and a withering of the state. The underlying alleged conflict between state and market misrepresents history and reality. States and markets are commingled forms of power; each cannot exist without the other. States and markets operate on different logics and constantly mutate in response to changes in their environment. States constantly face competitive threats and need markets to generate revenue in efficient ways; market actors face competitive threats and need states to stabilize production and exchange relationships. States and market actors both need each other as a place to externalize threats to their legitimacy.


Religions ◽  
2020 ◽  
Vol 11 (11) ◽  
pp. 569
Author(s):  
Arpita Mitra

There has been a long-standing academic debate on the religious orientation of Śrī Rāmakṛṣṇa Paramahaṁsa (1836–1886), one of the leading religious figures of modern India. In the light of his teachings, it is possible to accept that Rāmakṛṣṇa’s ideas were Vedāntic, albeit not in a sectarian or exclusive way. This article explores the question of where exactly to place him in the chequered history of Vedāntic ideas. It points out that Rāmakṛṣṇa repeatedly referred to different states of consciousness while explaining the difference in the attitudes towards the Divine. This is the basis of his harmonization of the different streams within Vedānta. Again, it is also the basis of his understanding of the place of śakti. He demonstrated that, as long as one has I-consciousness, one is operating within the jurisdiction of śakti, and has to accept śakti as real. On the other hand, in the state of samādhi, which is the only state in which the I-consciosuness disappears, there is neither One nor many. The article also shows that, while Rāmakṛṣṇa accepted all of the different views within Vedānta, he was probably not as distant from the Advaita Vedānta philosopher Ādi Śaṁkara as he has been made out to be.


2020 ◽  
Vol 46 (2) ◽  
pp. 299-311
Author(s):  
Giorgio (Georg) Orlandi

Abstract The book under review serves as a significant contribution to the field of Trans-Himalayan linguistics. Designed as a vade mecum for readers with little linguistic background in these three languages, Nathan W. Hill’s work attempts, on the one hand, a systematic exploration of the shared history of Burmese, Tibetan and Chinese, and, on the other, a general introduction to the reader interested in obtaining an overall understanding of the state of the art of the historical phonology of these three languages. Whilst it is acknowledged that the book in question has the potential to be a solid contribution to the field, it is also felt that few minor issues can be also addressed.


Diacronia ◽  
2021 ◽  
Author(s):  
Anna-Maria Totomanova

The paper traces the history of the Histdict system, which turned into a basis for the new Electronic Research Infrastructure for Bulgarian Medieval Written Heritage, which was included into the National Research Roadmap at the end of 2020. Through this act the state declares its support to our resources, that have been so far created and supported by project funding. And of course, it is a big recognition of our efforts and achievements. On the other hand, this act coincided with two other events: the inclusion of RESILIENCE (Research Infrastructure on Religious Studies) in which Histdict is taking part, in the European Research Infrastructures Roadmap and the start of the updating and upgrading of the system. Given the situation the Infrastructure is now facing new challenges—not only the successful improvement of the services it offers, but also the inclusion of the Orthodox Cultural Heritage into European research exchange, which will promote and popularize the history and culture of Southeastern Europe.


2019 ◽  
Vol 3 (2) ◽  
Author(s):  
Baiq Juli Nirtalina ◽  
Ade Sultan Mahmud ◽  
Adinda Mutia Gani ◽  
Dena Murdiawati

This research aimed to find out the existence history of the Article on the arrangement of contempt of the President or vice President in Indonesia from the old order (orde lama), new order (ordebaru) to reformation era. Type of this research is normative legal research under conceptual approach which studied literatures through library research. The collected materials were processed and analyzed qualitatively with deductive thinking method. Research result indicates that the regulation on contempt of the President and vice President in Orde Lama andOrdeBaru era were accordingly to the Dutch colonial era. The regulation was terminated in the reformation era through the decree of the Supreme Court No.013-022/PUU-IV/2006 since it considered contradict the constitution 1945 (UUD 1945). Furthermore, contempt of the President and vice President regulated under Article 207 KUHP or Article 310-312 in term of the President or vice President regarded as ordinary civilian excluded their privileges as the law and human rights guaranteed each citizen’s equation before the law.


MUTAWATIR ◽  
2017 ◽  
Vol 7 (2) ◽  
pp. 215-234
Author(s):  
Luthfi Rahman

This paper engages with the theological discourse on the state of al-Mahdi in Shi‘i tradition and the Peaceful Kingdom of Christianity. It focuses on two particular narratives, Quranic one focusing on Shi‘i tafsir Qur’an 24:55 and Biblical one concerning on Isaiah 11:1-19. This study employs library research looking specifically at Qur’anic and Biblical commentaries. By comparing the texts, it is found out that the first insists on several requirements to realize the promise of God (the state of al-Mahdî) by performing active struggles i.e. possessing strong faith and doing righteous action. On the other hand, the latter provides the description of the ideal circumstance when Messiah comes to a region in which both the ruler and the ruled do active struggles. The first still emphasizes the importance of strong faith while the second doesn’t. Yet, both narratives share that active struggles and righteous actions must be at stake.


2020 ◽  
Vol 2 (2) ◽  
pp. 131
Author(s):  
Maria Anna Muryani ◽  
Noor Rosyida

<p>The death penalty concept  in perspective the official religion in Indonesia is an issue that is worthy of study in line wiht the execution of drug convicts lately. MUI fatwa No.10/Munas VII/MUI/ 14/2005 on the death penalty in a Specific Crime allow the penalty in certain types of criminal  acts. In a latter sent to his congregation, paul chapter 13 yat 1-4 mention about the goverment’s authority to impose penalties for offenders. St. Agustine and Thomas Aquinas assume that the state, in order to achieve common prosperity, can performthe death penalty. St. Agustine assess the death penalty as a way to prevent crime and protect those who are innocent. Buton the other hand the human right activists who joined in contrast, Impartial and Elsam reject the death penalty and the Roman catholic Church and Christians argue that the death penalty should not be carried out because it violates basic human right, namely the righ to life. Therefore, research is the theme of the death penalty in the perspective of the official state religions in the frame Pancasila want to investigate this further on the death penalty in the perspective of religion are officially recognized by the state as defined in the following issues; How does the concept of the death penalty in perspective official religions in Indonesia are contained in their holy book? And How the concept of the death penalty to be reviewed from the perspective of the state ideology Pancasila? This research is a normative juridical or doctrinal research. This study uses several approaches that approach to the concept (conceptual approach), approach to the comparative (comparative approach) and approach to legislation (statute approach). This study was a descriptive analytical method of data collection in the form of a data library (library research) and interviews.</p><p class="IABSSS" align="center">[]</p><p><em>Konsep hukuman mati dalam perspektif agama resmi di Indonesia merupakan sebuah isu yang patut dikaji sejalan dengan pelaksanaan eksekusi mati narapidana narkoba. Fatwa MUI No.10/Munas VII/MUI/14/2005 tentang pidana mati dalam Tindak Pidana Tertentu memungkinkan adanya pidana dalam jenis tindak pidana tertentu. Dalam surat terakhir yang dikirim ke jemaahnya, pasal 13 ayat 1-4 menyebutkan tentang kewenangan pemerintah untuk menjatuhkan sanksi bagi pelanggar. St Agustine dan Thomas Aquinas beranggapan bahwa negara, untuk mencapai kesejahteraan bersama, dapat melaksanakan hukuman mati. St Agustine menilai hukuman mati sebagai cara untuk mencegah kejahatan dan melindungi mereka yang tidak bersalah. Namun di sisi lain para aktivis HAM yang bergabung sebaliknya, Imparsial dan Elsam menolak hukuman mati dan Gereja Katolik Roma dan Kristen berpendapat bahwa hukuman mati tidak boleh dilakukan karena melanggar hak asasi manusia, yaitu hak untuk hidup. Oleh karena itu, penelitian yang mengangkat tema pidana mati dalam perspektif agama resmi negara dalam bingkai Pancasila ingin diteliti lebih jauh mengenai hukuman mati dalam perspektif agama yang diakui secara resmi oleh negara sebagaimana dirumuskan dalam isu-isu berikut; Bagaimana konsep hukuman mati dalam perspektif agama-agama resmi di Indonesia yang dimuat dalam kitab sucinya? Dan Bagaimana konsep hukuman mati ditinjau dari perspektif ideologi negara Pancasila? Penelitian ini merupakan penelitian yuridis normatif atau penelitian doktrinal. Penelitian ini menggunakan beberapa pendekatan yaitu pendekatan konsep (conceptual approach), pendekatan komparatif</em> (comparative approach) <em>dan pendekatan perundang-undangan</em> (statute approach). <em>Penelitian ini merupakan metode pengumpulan data </em><em>deskriptif analitik berupa pustaka data</em> <em>(studi pustaka) dan wawancara.</em></p>


Itinerario ◽  
1989 ◽  
Vol 13 (1) ◽  
pp. 37-60 ◽  
Author(s):  
Muzaffar Alam

The study of Islam and Muslims in relation to local non-Muslim population and their religious beliefs and social practices in medieval India has often tended to be conducted eventually along two lines, seemingly opposed to each other. On the one hand, there are communal historians who have reduced the history of medieval India into the conflict between Hindus and Muslims, which they have projected as having resulted from their divergent religious outlooks. The period was Islamic in their view, and the state a conversion machinery and an organ to bring Hindus under the hegemony of Islam. This was a mission in which the state could not succeed fully, largely because of ‘Hindu’ resistance. On the other hand, there are a large number of ‘liberal’ historians to whom the hallmark of medieval Indian society has been an amity between the two communities, the various tensions and encounters over economic and political matters notwithstanding. The medieval period, in the opinion of such historians, saw the evolution and efflorescence of a composite culture to which medieval rulers, nobles, sufis and Persian and Urdu poets contributed significantly. The later animosity between Hindus and Muslims and clashes over religious matters, they argued, were the handiwork of the British.


2021 ◽  
pp. 48-71
Author(s):  
Oleksii Trachuk

In 2023, Ukraine will celebrate the 130th anniversary of Trypillian culture discovery by Vikentii Khvoika. What has changed in the understanding of the heritage left by such a mysterious and unique Ukrainian archaeological cultures as Trypillia? One of the problems stating that the “sites” in terrestrial housings were not cult burial structures but the remnants of residential buildings was solved. However, in the 1970s, Soviet archaeologists had a bizarre fantasy offered by K. Zinkovskyi that Trypillian settlements had been burned not by conquerors – steppe herders – but by Trypillians themselves. This fantasy was confidently denied by such authoritative archaeologists as V. Petrov, V. Zbenovych, I. Sveshnikov, H. Todorova, M. Gimbutas, V. Dergachev. At the beginning of the 21st century, due to the creation of the state reserve “Trypillian Culture” in Cherkasy region, holding of more than ten “Trypillian Circle” festivals in Kyiv region, and introduction of a tourist route from Kyiv to Lviv, the Ukrainian interest in Trypillian culture as an Eneolithic civilization of farmers grew significantly. During this period, some archaeologists (N. Burdo, M. Videiko, V. Kruts, O. Korvin-Piotrovskyi) extracted from the archives the forgotten imagination of K. Zinkovskyi, gradually and methodically began to prove to their colleagues-archaeologists and Ukrainians that Trypillia farmers ritually burned their settlements. Archaeological sites, unfortunately, keep silent about rituals, but they can testify about those who conquered Trypillia and burned their settlements. In addition, M. Videiko believes that the melee weapons of the people of Trypillia are better than the bows and arrows of the steppe horsemen, while Trypillians also fought among themselves. D. Telegin and V. Dergachev refuted such versions in their research of Middle Stog herdsmen. But on the other hand, the situation is confused by Yu.Rassamakin, who unjustifiably replaces the well-known Middle Stog people with Skelians, Kvitiants, and Derevites, who did not seem to be at war, but traded with European farmers.Thus, in the Eneolithic history of independent Ukraine, artificial problems arose. The author, systematizing the interpretations of famous archaeologists and the experience of the post-Eneolithic epochs, tried to solve them in his article.


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