scholarly journals THE RELEVANCE OF PANCASILA JUSTICE IN IMPLEMENTING STATE ADMINISTRATIVE COURT DECISIONS

2021 ◽  
Vol 5 (1) ◽  
pp. 151
Author(s):  
Dani Sintara ◽  
Marzuki Marzuki

Administrative law in its development has two dimensions, on the one hand guarantee the realization of state power balance and includes the relationship between the relevant state institutions and on the other hand guarantee the harmonization between the function and duties of the state with the ideals of the nation, it is also clear that the administrative law is a realized media From the concept of limitation of power as it becomes the core of a constitutional democracy, the method of approaching normative juridical, the results of the study stated that the issue of the implementation of the State Administrative Court's court ruling depend on the moral ethics of public officials, has made a state administrative court ruling difficult to exceed in reality in society. Such conditions have contrary to the principle of the Litit of the Oportet which requires every case there must be finally because the purpose of the case of the court to the court is certainly to get a solution. Pancasila justice is a basic principle must be implemented in the decision of the State Administrative Court to realize the certainty of law and justice needed by the community.

Author(s):  
Peter Coss

In the introduction to his great work of 2005, Framing the Early Middle Ages, Chris Wickham urged not only the necessity of carefully framing our studies at the outset but also the importance of closely defining the words and concepts that we employ, the avoidance ‘cultural sollipsism’ wherever possible and the need to pay particular attention to continuities and discontinuities. Chris has, of course, followed these precepts on a vast scale. My aim in this chapter is a modest one. I aim to review the framing of thirteenth-century England in terms of two only of Chris’s themes: the aristocracy and the state—and even then primarily in terms of the relationship between the two. By the thirteenth century I mean a long thirteenth century stretching from the period of the Angevin reforms of the later twelfth century on the one hand to the early to mid-fourteenth on the other; the reasons for taking this span will, I hope, become clearer during the course of the chapter, but few would doubt that it has a validity.


Significance At the beginning of 2021, the ZP coalition of the Law and Justice (PiS), Accord and United Poland (SP) parties is stable, but not as strong as it has been in previous years. This weakening in the PiS-led government’s condition is due to many factors, among which the coronavirus pandemic is one of the most important. Impacts The process will continue of subordinating any independent state institutions still left to party control. PiS will take further, similar steps regarding the media, academia and NGOs. After months of pandemic lockdown, the state of the economy is stable if not ideal, and will not lead to early elections.


2019 ◽  
Author(s):  
Daniel Tang

Agent-based models are a powerful tool for studying the behaviour of complex systems that can be described in terms of multiple, interacting ``agents''. However, because of their inherently discrete and often highly non-linear nature, it is very difficult to reason about the relationship between the state of the model, on the one hand, and our observations of the real world on the other. In this paper we consider agents that have a discrete set of states that, at any instant, act with a probability that may depend on the environment or the state of other agents. Given this, we show how the mathematical apparatus of quantum field theory can be used to reason probabilistically about the state and dynamics the model, and describe an algorithm to update our belief in the state of the model in the light of new, real-world observations. Using a simple predator-prey model on a 2-dimensional spatial grid as an example, we demonstrate the assimilation of incomplete, noisy observations and show that this leads to an increase in the mutual information between the actual state of the observed system and the posterior distribution given the observations, when compared to a null model.


Author(s):  
Heri Herdiawanto ◽  
Valina Singka Subekti

This study examines Hamka's political thinking about Islam and the State in the Basic State debate that took place in the Constituent Assembly 1956-1959. Hamka belongs to the basic group of defenders of the Islamic state with Mohammad Natsir in the Masyumi faction, fighting for Islamic law before other factions namely the Nationalists, Communists, Socialists, Catholics-Protestants and members of the Constituent Assembly who are not fractured. Specifically examines the issue of why Islam is fought for as a state basis by Hamka. and how Hamka thought about the relationship between Islam and the state. The research method used is a type of library research with literature studies or documents consisting of primary and secondary data and reinforced by interviews. The theory used in this study is the theory of religious relations (Islam) and the state. This study found the first, according to Hamka, the Islamic struggle as the basis of the state was as a continuation of the historical ideals of the Indonesian national movement. The second was found that the constituent debate was the repetition of Islamic and nationalist ideological debates in the formulation of the Jakarta Charter. Third, this study also found Hamka's view that the One and Only God Almighty means Tauhid or the concept of the Essence of Allah SWT. The implication of this research theory is to strengthen Islamic thinking legally formally, that is thinking that requires Islam formally plays a major role in state life. The conclusion is that Indonesian society is a heterogeneous society in terms of religion. This means that constitutionally the state recognizes the diversity of religions embraced by the Indonesian people and guarantees the freedom of every individual to embrace religion and realize the teachings he believes in all aspects of life. Hamka in the Constituent Assembly stated that the struggle to establish a state based on Islam rather than a secular state for Islamic groups was a continuation of the ideals of historical will.


2017 ◽  
Vol 20 ◽  
pp. 103-134
Author(s):  
Niki Papageorgiou

The occupation of government power by a leftist party in Greece (in January 2015) has formed a new political landscape and given rise to new political expectations after a long period of administration by the so-called system parties. The left-wing party, SYRIZA, was voted by Greek citizens as a new political force that could bring new policies, as it had the ambition to solve the country’s economic problems, bring social justice and tackle the severe humanitarian crisis caused by the recent long economic crisis. Regarding the religious field, the fixed aim of leftist parties was the separation between the State and the Church, which would lead to the full independence of the State from any religious or ecclesiastical influence, as well as the seizure of church assets by the State, the obligation for the clergy’s payroll to be covered by the Church, and similar demands regarding many other issues that shape the relationship between the State and the Church in Greece. This paper investigates especially the relationship between SYRIZA and the Church of Greece during the one-year period of the left-wing government, through the official discourse and political practices of the governing leftist party. For this purpose, the left-wing government’s political practices and stance towards the “religious issue,” as they are expressed by the party’s official press medium, the Avgi newspaper, are analyzed.


2020 ◽  
Vol 2 (1) ◽  
pp. 121-141
Author(s):  
Osama Sami AL-Nsour

The concept of citizenship is one of the pillars upon which the modern civil state was built. The concept of citizenship can be considered as the basic guarantee for both the government and individuals to clarify the relationship between them, since under this right individuals can acquire and apply their rights freely and also based on this right the state can regulate how society members perform the duties imposed on them, which will contributes to the development of the state and society .The term citizenship has been used in a wider perspective, itimplies the nationality of the State where the citizen obtains his civil, political, economic, social, cultural and religious rights and is free to exercise these rights in accordance with the Constitution of the State and the laws governing thereof and without prejudice to the interest. In return, he has an obligation to perform duties vis-à-vis the state so that the state can give him his rights that have been agreed and contracted.This paper seeks to explore firstly, the modern connotation of citizenship where it is based on the idea of rights and duties. Thus the modern ideal of citizenship is based on the relationship between the individual and the state. The Islamic civilization was spanned over fourteen centuries and there were certain laws and regulations governing the relationship between the citizens and the state, this research will try to discover the main differences between the classical concept of citizenship and the modern one, also this research will show us the results of this change in this concept . The research concludes that the new concept of citizenship is correct one and the one that can fit to our contemporary life and the past concept was appropriate for their time but the changes in the world force us to apply and to rethink again about this concept.


Author(s):  
N. W. Barber

This chapter presents sovereignty as a normative principle but, in so doing, will also explain its descriptive aspect. The first part of the chapter connects sovereignty to an account of the state. Sovereignty captures two groups of elements that are necessary features of this institution: on the one hand, the characteristic authority claims made by the state; and, on the other, the demand that these claims be—to some extent—effective. The second part of the chapter considers the importance of sovereignty: the moral reasons that we have for creating institutions that possess its characteristics. Third, the chapter considers whether there are some situations in which sovereignty is unattractive or, perhaps, situations in which non-state institutions are preferable locations for sovereignty. The chapter concludes by arguing that for the vast majority of people today, sovereignty is of significant moral value.


Author(s):  
Martin Partington

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society, overseeing the relationship between the citizen and the state. Again adopting the holisitic approach, the chapter discusses not only the role of the courts, but also the tribunals, ombudsmen, and other bodies and processes that together make up the institutional framework of administrative justice. It notes some of the key changes being introduced as a result of the current transformation programme. It also considers the particular responsibilities of Members of Parliament in holding government to account. In addition, it asks who has general oversight of the system and whether current oversight arrangements are adequate.


2019 ◽  
pp. 3-24
Author(s):  
Anne Dennett

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility and control the power of the state. Indeed, a state's constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK's national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.


2018 ◽  
Vol 9 (1) ◽  
Author(s):  
Xiaoguang Kang

AbstractChina recently promulgated and revised a number of laws, regulations and measures to regulate the nonprofit sector. All these administrative efforts increase support for Chinese nonprofit organizations (NPOs) on the one hand and put unprecedented pressure on them on the other. The seemingly contradictory effects are actually based on the same logic of Administrative Absorption of Society (AAS). This article proposes three phases in the development of AAS: an subconscious phase, a theory-modeling phase, and an institutionalization phase. The institutionalization of AAS has led to the rise of neo-totalitarianism, which is featured by state capitalism, unlimited government, and a mixed ideology of Marxism and Confucianism. Neo-totalitarianism further strengthens AAS and has begun to reshape the relationship between the state and the nonprofit sector. This article analyzes China’s nonprofit policymaking from a sociopolitical perspective, and clarifies the context, the characteristics, and the evolution of laws and policies in the nonprofit sector in macrocosm.


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