scholarly journals GENDER INEQUALITY BEFORE THE LAWS AS SEEN IN ON THE BASIS OF SEX FILM BY MIMI LEDER

2022 ◽  
Vol 27 (2) ◽  
pp. 160-171
Author(s):  
Fuji Lestari
Keyword(s):  
Gender Inequality ◽  
Legal Theory ◽  
Research Question ◽  
Problem Formulation ◽  
Gender Inequalities ◽  
Human Right ◽  
Sociological Approach ◽  
Inequality In Education ◽  
Qualitative Descriptive ◽  
The Law

In this study, researcher analyzes an inequality film written by Daniel Stiepleman and directed by Mimi Leder. This Film tells the strory about inequality dan women struggle. Therefore the researcher entitled this research with “Gender Inequality before the Laws as seen in On the Basis Of Sex film by Mimi Leder”, This study aimed to discuss; 1) injustice between a man and a woman before the law, 2) how women try to resist the laws. Design of this research was qualitative descriptive research. The researcher applied the theory of human rights and feminist legal theory by Universal Decralation of human right and Judith and remer to answer the research question problem formulation. Sociological approach also used in this research. In collecting the data, the researcher used technique of documentation. The technique used in analyzing data in this study was a descriptive technique. The results of this research are; 1) there are four gender inequalities depicted in the film on the basis of sex; (a) inequality in economic right (b) inequality in education right (c) inequality in social right (d) inequality in civil right 2) women's efforts to fight the law are three ways (a) Speak Out the Own Experiences (b) support other campaigners (c) exspressing rational opinions.

scholarly journals Dismissal of KPK Employees from Legal Positivism and Alternative Solutions

2021 ◽  
pp. 175
Author(s):  
Dominikus Dalu Sogen ◽  
Dewa Ayu Putri Asvini ◽  
Detty Kristiana Widayat
Keyword(s):  
Human Rights ◽  
Legal Theory ◽  
Legal Positivism ◽  
Constitutional Court ◽  
Human Right ◽  
The Public ◽  
Positive Law ◽  
The People ◽  
National Human ◽  
The Law

Studying the philosophy of law means studying various schools of law. Amongst the variety of legal theories, there are adherents of legal positivism or the positive legal theory postulated by John Austin (a philosopher whose thoughts on law are outlined in a work entitled The Province of Jurisprudence Determined 1832). Are Austin's thoughts still relevant for the practice of law inthe modern era, considering that law is made for the public interest? Is it appropriate for the law to be made by authorities (superior) to bind subordinates (inferior), whereas the people are only in a position to obey the law? In a functioning democracy public participation is important in decision-making by the elected legislators. Presumably, law is not made arbitrarily or unilaterally, but it is supposed to take into account the interest of the public or the interest of the groups it is designed to address. A prominent example currently in the public spotlight isthe dismissal of 57 Corruption Eradication Commission (KPK) employees due to their stated ineligibility following their failure to pass the National Insight Test Assessment. For this matter, a judicial review (JR) has been requested from the Constitutional Court and the Supreme Court who in the meantime have published their decisions. In addition, there have been recommendations from the National Human Rights Commission (Komnas HAM) and the Indonesian Ombudsman regarding the occurrence of human rights violations and maladministration in the transfer of KPK employees to ASN. Where JR's decision by the two judicial institutions is different from what is recommended by Human Right Commission and the Indonesian Ombudsman. Here it can be seen that there are differences in the application of the law with the positive law that applies and is detrimental to the rights of KPK employees.

scholarly journals RECONSTRUCTION OF CHILD CRIMINAL SANCTIONS IN PERSPECTIVE OF LAW NUMBER 11 THE YEAR 2012 CONCERNING JUSTICE CHILD CRIMINAL JUSTICE SYSTEM BASED ON JUSTICE VALUES

2020 ◽  
Vol 5 (18) ◽  
pp. 68-81
Author(s):  
Akhmad Munawar ◽  
Gunarto Gunarto ◽  
Anis Mashdurohatun ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Theory ◽  
Research Question ◽  
Deterrent Effect ◽  
Prison Sentence ◽  
Criminal Sanctions ◽  
The Third ◽  
The Law

Children who are in conflict with the law are seen to need to be given physical and spiritual protection. Bearing in mind, the Court's decision is more likely to impose imprisonment sanctions. The United Nations in several Congresses has criticized imprisonment sanctions, besides having the potential to cause stigmatization in children, it is also ineffective and does not create a deterrent effect. This study aims to examine and to analyze the implementation of Child Criminal sanctions in the perspective of Law Number 11-year 2012 concerning the Child Criminal Justice System, to analyze the factors that influence child criminal sanctions that are not yet fair. The research question is how the reconstruction of child-based criminal sanctions based on justice is. This research is included in non-doctrinal research (empirical). It used three theories, namely the theory of criminal purpose to analyze the first problem, the dignified justice theory to analyze the second problem and progressive legal theory to analyze the third problem. The results found that the implementation of sanctions Crime against a child in conflict with a law imposed by a prison sentence, the Judge in his consideration emphasizes juridical considerations so that the criminal sanctions imposed on the child are not in accordance with teleological theory as the purpose of punishment. Criminal sanctions against children have not brought justice, among others, because several articles in Law Number 11-year 2012 concerning the Child Criminal Justice System still have weaknesses. Reconstruction of Articles that hinder the realization of fair criminal sanctions, namely Article 7 paragraph (2) Article 32 paragraph (2), Article 71 paragraph (1) letter e, Article 79 paragraph (1) and Article 81 paragraph (1) of the Law Number 11 the year 2012 concerning the Child Criminal Justice System.

scholarly journals Gender Inequality in Education

2021 ◽  
Author(s):  
Jessica Kristin Nowak ◽  
Keyword(s):  
Gender Inequality ◽  
Gender Gap ◽  
Critical Factor ◽  
Research Problem ◽  
Gender Inequalities ◽  
Access To Education ◽  
Negative Consequences ◽  
Current State ◽  
Inequality In Education ◽  
Education Gap

Education is a critical factor in achieving social equality, including gender equality. For this reason, ensuring equality in the provision of education should not only be a social priority but something natural and obvious. This topic was the subject of considerable debate among scholars for many decades. The beginnings of the struggle for equality of women are based primarily on the battle for access to education, which was essential in this regard. Therefore the gender education gap is decreasing, and nowadays, contemporary rarely persists in educated countries. As a result of the struggle of feminists, today, women around the Globe are more educated than at any point in history. Nevertheless, the phenomena such as “gender inequality” or “gender gap” understood more broadly than education, are still relevant problems. Thereby, men are still more educated and privileged. The problem is not only the degree of accessibility to education but also its content. Yet, current gender inequality is the result of super imposed stereotypical patterns, as well as prejudices and discriminations embodied in the system. This article was written to introduce the issue of gender inequality in education. The given research problem in this study is as follows: where do gender inequalities in education become apparent? The aim of the study is to overview the current state of knowledge. Exploring this topic is crucial because this phenomenon has many negative consequences. This article aims to present the initial characteristics of the problem and draw attention to the issue. The method used is a literature review.

scholarly journals BIAS GENDER DALAM PROSES PENDIDIKAN ISLAM

2014 ◽  
Vol 13 (1) ◽  
pp. 56
Author(s):  
Jelli Gustiana
Keyword(s):  
Gender Bias ◽  
Religious Education ◽  
Gender Inequality ◽  
Formal Education ◽  
Learning Opportunities ◽  
Higher Learning ◽  
Gender Inequalities ◽  
Original Source ◽  
Inequality In Education ◽  
Religious Understanding

Education is an activity that is carried out in the community with the goal of humanizing. Formal education is a means for socialization and transfer of values and norms prevailing in society, including the values and norms of gender. There was a lot of gender inequalities in society that arises because there is a gender bias in education including religious education. Based on the search turns gender inequality in education is not because of the substance of religion, but rather the interpretation misunderstood an original source of religion (Islam), thus the need reintepretasi religious understanding of gender bias is continuous, improve education curriculum that eliminates dichotomous between men and women, and provide higher learning opportunities to women

scholarly journals Menilik Dominasi Bahasa Mitos Dalam Sosiokultural Sasak

2020 ◽  
Vol 5 (2) ◽  
pp. 45-54
Author(s):  
Zainul Muttaqin ◽  
Mu’awanah Mu’awanah
Keyword(s):  
Data Analysis ◽  
Data Collection ◽  
Strong Evidence ◽  
Research Question ◽  
Problem Formulation ◽  
Ethnographic Research ◽  
Data Presentation ◽  
Dominant Party ◽  
Qualitative Descriptive ◽  
Descriptive Method

The purpose of this study is to describe the process of hegemony in the language of Tithe Ringkok Ratu myth in North Masbagik Village. The problem formulation of this research is "how is the process of hegemony in the language of the myth of Timba Lingkok Ratu in North Masbagik Village? To answer the research question above, the researcher conducted the research with qualitative descriptive method and approach with the type of ethnographic research located in North Masbagik Village Masbagik Subdistrict. Furthermore, data collection techniques from this research are observation, interview and documentation. While data analysis is data reduction, data presentation, and withdrawal conclusion.  The results of this study indicate that the process of hegemony in the language  of the myth of Timba Lingkok Ratu in North Masbagik Village begin beliefs that are superstition, then this belief is spread from the mouth of tempest that is by the dominant party (people who hegemonies) to the dihegemoni. Furthermore, languages that are persuasive or affect the dominant party with a style of delivery that is so reliable and with strong evidence. Therefore, it can be concluded that the process of hegemony into the language of Titus Ringkok Ratu in North Masbagik Village is a process of convincing someone who is done by the dominant party to the community against Titus Timba Lingkok Ratu in North Masbagik Village with strong evidences.

scholarly journals Peran Advokat dalam Penegakan Hukum Terorisme dengan Pendekatan Hukum Transendental

2020 ◽  
Vol 21 (3) ◽  
pp. 397-416
Author(s):  
Bita Gadsia Spaltani
Keyword(s):  
Law Enforcement ◽  
Legal Theory ◽  
Legal Research ◽  
Human Right ◽  
Indonesian Government ◽  
The Law

Tujuan penulisan ini adalah mengkaji penegakan hukum terorisme di Indonesia terkait peran advokat, dengan menggunakan pendekatan hukum transendental. Pendekatan yang digunakan adalah nondoktrinal (socio-legal research), yang menjelaskan hukum tidak hanya dari sudut pandang konsepsi abstrak-normatif, namun juga melihat keberlakuan hukum di masyarakat. Metode penulisan dalam penelitian ini meng-gunakan pendekatan teori hukum dan filsafat. Hasil penelitian menunjukkan bahwa berdasarkan data dalam kurun waktu 13 tahun, polisi berhasil melakukan penangkapan teroris sebanyak 850 orang. Data tersebut menunjukkan keseriusan pemerintah Indonesia dalam menegakkan hukum terorisme. Namun nampaknya, dalam beberapa kasus menunjukkan ketidakjelasan prosedur penanganan terhadap pelaku atau terduga terorisme, sehingga menimbulkan kontroversi termasuk dari sisi kemanusiaan.  Dalam penegakan hukum, advokat sebagai penegak hukum memegang peran penting, dimana dari sisi kemanusiaan, terduga kasus terorisme penting diperhatikan proses penegakan hukumnya. The Role of Advocates in the Enforcement of Terrorism Law by Transcendental Legal Approach This study aims to examine the enforcement of terrorism law in Indonesia in relation to the role of advocates by using transcendental legal approach. The approach used is nondoctrinal (socio-legal research), which explains the law not only from the perspective of abstract-normative conceptions, but also looks at the validity of law in society. The writing method in this study uses a legal theory and philosophy approach. The results showed that based on data within a period of 13 years, the police managed to arrest terrorists totaling 850 people. The data shows the seriousness of the Indonesian government in enforcing terrorism laws. However, it seems that in some cases the procedure of handling perpetrators or terrorism suspects is unclear causing controversies including from the human right perspective. In law enforcement, advocates as law enforcers play an important role where in terms of humanity, for terrorism suspected are important to pay attention to their law enforcement processes.

scholarly journals Population Administration Service Innovation in Indonesia During the Covid-19 Pandemic

2020 ◽  
pp. 512
Author(s):  
Wisber Wiryanto
Keyword(s):  
Virus Disease ◽  
Research Question ◽  
Service Innovation ◽  
Secondary Data ◽  
Sampling Technique ◽  
Problem Formulation ◽  
Work Patterns ◽  
Online Application ◽  
Library Research ◽  
Qualitative Descriptive

The  Corona Virus  Disease  2019 (Covid-19)  pandemic has  an impact on  changing work patterns around the world. This also includes public services in the population administration (Adminduk) sector in Indonesia. The  Ministry of Home Affairs has issued a letter No. 443.1/2978/Dukcapil dated March 16, 2020, concerning Adminduk Services and Virus Corona Diseases (Covid-19) Prevention. This letter was sent to the Head of Population and Civil Registry (Dukcapil) offices in all Province and Regency/City. This letter consists of some instructions to conduct for Adminduk service efficiently and effectively during the Covid-19 pandemic. Therefore, as an implementation this instruction, a study about innovation of Adminduk service during the Covid-19 pandemic to find out innovation by Dukcapil offices. A problem formulation as a research question as follow, what is innovation of Adminduk service can make by Dukcapil offices during the Covid-19 pandemic? The study was conducted in the second quarter of 2020. Research methods using library research, reference, documents, and data which relevant. An accidental sampling technique is used to take 15 Dukcapil offices. Next, secondary data was collected, and analyzing data used qualitative descriptive technique to identify an innovation of Adminduk service. The result of this study showed, the Adminduk service innovations during the Covid-19 pandemic, in 3 (three) types, covering an online application, Covid-19 health protocols, and   pickup the ball innovation. The Dukcapil offices are relevant need to copy an Adminduk service innovation alternative types, with accordance according to  local condition, for overcome the Covid-19 pandemic constraints, and use them as input for public service can be function in the new-normal era.

ИЗМЕНЕНИЕ ПАРАДИГМЫ МЕТОДОЛОГИИ ЮРИСПРУДЕНЦИИ

2019 ◽  
Vol 13 ◽  
pp. 32-40
Author(s):  
Ю. М. Оборотов
Keyword(s):  
Legal Theory ◽  
Research Strategy ◽  
The State ◽  
New Paradigm ◽  
Methodological Question ◽  
Modern Development ◽  
Decisive Importance ◽  
The Subject ◽  
Methodological Approaches ◽  
The Law

В современной методологии юриспруденции происходит переход от изучения состо­яний ее объекта, которыми выступают право и государство, к постижению этого объек­та в его изменениях и превращениях. Две подсистемы методологии юриспруденции, подсистема обращенная к состоянию права и государства; и подсистема обращенная к изменениям права и государства, — получают свое отображение в концептуальной форме, методологических подходах, методах, специфических понятиях. Показательны перемены в содержании методологии юриспруденции, где определяю­щее значение имеют методологические подходы, определяющие стратегию исследова­тельских поисков во взаимосвязи юриспруденции с правом и государством. Среди наи­более характерных подходов антропологический, аксиологический, цивилизационный, синергетический и герменевтический — определяют плюралистичность современной методологии и свидетельствуют о становлении новой парадигмы методологии юриспру­денции.   In modern methodology of jurisprudence there is a transition from the study the states of its object to its comprehension in changes and transformations. Hence the two subsystems of methodology of jurisprudence: subsystem facing the states of the law and the state as well as their components and aspects; and subsystem facing the changes of the law and the state in general and their constituents. These subsystems of methodology of jurisprudence receive its reflection in conceptual form, methodological approaches, methods, specific concepts. Methodology of jurisprudence should not be restricted to the methodology of legal theory. In this regard, it is an important methodological question about subject of jurisprudence. It is proposed to consider the subject of jurisprudence as complex, covering both the law and the state in their specificity, interaction and integrity. Indicative changes in the content methodology of jurisprudence are the usage of decisive importance methodological approaches that govern research strategy searches in conjunction with the law and the state. Among the most characteristic of modern development approaches: anthropological, axiological, civilization, synergistic and hermeneutic. Modern methodology of jurisprudence is pluralistic in nature alleging various approaches to the law and the state. Marked approaches allow the formation of a new paradigm methodology of jurisprudence.

scholarly journals Does the Law Determine What Heritage to Remember?

2021 ◽  
Author(s):  
Marie-Sophie de Clippele
Keyword(s):  
Cultural Identity ◽  
Cultural Heritage ◽  
State Intervention ◽  
Historical Knowledge ◽  
Human Right ◽  
Political Will ◽  
The Public ◽  
The Past ◽  
The Law ◽  
Ideological Manipulation

AbstractCultural heritage can offer tangible and intangible traces of the past. A past that shapes cultural identity, but also a past from which one sometimes wishes to detach oneself and which nevertheless needs to be remembered, even commemorated. These themes of memory, history and oblivion are examined by the philosopher Paul Ricoeur in his work La mémoire, l’histoire, l’oubli (2000). Inspired by these ideas, this paper analyses how they are closely linked to cultural heritage. Heritage serves as a support for memory, even if it can be mishandled, which in turn can affect heritage policies. Memory and heritage can be abused as a result of wounds from the past or for reasons of ideological manipulation or because of a political will to force people to remember. Furthermore, heritage, as a vehicule of memory, contributes to historical knowledge, but can remain marked by a certain form of subjectivism during the heritage and conservation operation, for which heritage professionals (representatives of the public authority or other experts) are responsible. Yet, the responsibility for conserving cultural heritage also implies the need to avoid any loss of heritage, and to fight against oblivion. Nonetheless, this struggle cannot become totalitarian, nor can it deprive the community of a sometimes salutary oblivion to its own identity construction. These theoretical and philosophical concepts shall be examined in the light of legal discourse, and in particular in Belgian legislation regarding cultural heritage. It is clear that the shift from monument to heritage broadens the legal scope and consequently raises the question of who gets to decide what is considered heritage according to the law, and whether there is something such as a collective human right to cultural heritage. Nonetheless, this broadening of the legislation extends the State intervention into cultural heritage, which in turn entails certain risks, as will be analysed with Belgium’s colonial heritage.

scholarly journals CASTING THE LIGHT OF THE THEORY OF OPPOSITION ONTO HOHFELD'S FUNDAMENTAL LEGAL CONCEPTS

Legal Theory ◽  
2021 ◽  
pp. 1-34
Author(s):  
João Alberto de Oliveira Lima ◽  
Cristine Griffo ◽  
João Paulo A. Almeida ◽  
Giancarlo Guizzardi ◽  
Marcio Iorio Aranha
Keyword(s):  
Conceptual Framework ◽  
Legal Theory ◽  
Analytical Framework ◽  
The Core ◽  
Recent Developments ◽  
The Law ◽  
Opposition Theory ◽  
Legal Concepts ◽  
Number Of Authors

Abstract At the core of Hohfeld's contribution to legal theory is a conceptual framework for the analysis of the legal positions occupied by agents in intersubjective legal relations. Hohfeld presented a system of eight “fundamental” concepts relying on notions of opposition and correlation. Throughout the years, a number of authors have followed Hohfeld in applying the notion of opposition to analyze legal concepts. Many of these authors have accounted for Hohfeld's theory in direct analogy with the standard deontic hexagon. This paper reviews some of these accounts and extends them employing recent developments from opposition theory. In particular, we are able to extend application of opposition theory to an open conception of the law. We also account for the implications of abandoning the assumption of conflict-freedom and admitting seemingly conflicting legal positions. This enables a fuller analysis of Hohfeld's conceptual analytical framework. We also offer a novel analysis of Hohfeld's power positions.

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