scholarly journals Kebijakan Pemerintah dalam Aktualisasi Pancasila melalui Media Sosial Ditinjau dari Perspektif Sosiologi Komunikasi

2020 ◽  
Vol 1 (1) ◽  
pp. 14-26
Author(s):  
Fuqoha Fuqoha ◽  
Indrianti Azhar Firdausi

Pancasila is the philosophy of the Indonesian State as an idiil foundation of Indonesia people. As a State of law, Indonesia has actualized Pancasila in the State's legal system which is the basis for actuallity and achieving the ideals of the nation. The actualization of Pancasila is not sufficiently implemented in the legal order of the State, but must be actualized to each individual as a citizen of the soul value of Pancasila. Social media as a forum to actualize Pancasila for every Indonesian citizen. Through the sociology of communication approach, the actualization of Pancasila through social media can move and foster harmonization in social relations in accordance with the values ​​of Pancasila.

Author(s):  
Duško Medić

Significance of the transitional and final provisions of the Republika Srpska Proprietary law is multifunctional. Aforementioned provisions should enable transition from the former to the new legal system as well as to regulate some areas, that haven’t been standardised by special laws until now. Any change in legal system is inevitably accompanied with the state of transition of the proprietary law relations. Those relations are being transformed and coordinated with the rules of the new state of affairs. It’s only when this kind of transition is completed, we can state that the previous legal order is no longer in to existence.


2006 ◽  
pp. 271-286
Author(s):  
Miroljub Jevtic

Every state functions through its legal order and that legal order shows the nature of every state. From that point of view, the nature of the state and the authority which functioned in the regions of the Serbian lands from the moment of the Osmanli conquests till the end of that rule was best reflected through the law which regulated social relations. If one views the state which ruled in the regions of the Serbian lands in that way, one can clearly state that it, in its nature, had the basic goal to realize Islamic doctrine. All legal acts which the administration in Constantinople passed to ensure its normal functioning had the Islamic character. As most of these acts had been created long before the birth of the Osmanli state, they cannot be called Osmanli, because they were not such by their origin or their essence. It is specially important that their intention was not to maintain the Turkish national idea, as it could be concluded from a large number of historical syntheses which discuss that part of our history, but the triumph of Islam. Therefore, it is most correct to call that law Islamic-Osmanli law because its largest part had been created before the appearance of the Osmanli state and had as a goal the triumph of Islam; it is an Osmanli law because it was implemented in the territories ruled by the Osmanli dynasty.


Oleksandr Perederii, Evgen Grygorenko The evolution of the normative foundations of Ukraine's European integration at the present stage of state formation The article presents and reveals the main tendencies of evolution of the normative foundations of European integration of Ukraine at the present stage of state formation. While analyzing the problems of implementation of the Association Agreement between Ukraine and the European Union, the author highlights and reveals the content of three main tendencies that are characteristic for the development of the legislative basis of the European integration policy. In particular, the expanding of the current Constitution of Ukraine with the rules on the irreversibility of the European integration course, updating of normative documents regulating the planned character and gradual implementation of the provisions of the Association Agreement, amending the current version of the Association Agreement in order to update its provisions. The attention is drawn to the fact that the modification of the legislative foundations of Ukraine's European integration course is an important political and legal factor for the transformation of not only the system of the legal system of the state in the formal sense, but also of the legal consciousness of the broad masses of the population. This is explained by the phenomenon of the action of so-called «future law». In practical terms, such a phenomenon manifests itself in the fact that in the society on the mental level there is an increasing level of expectations from the state to activate pro-European policy, further reforming of the national law in the direction of implementation of European models of social regulation. Accordingly, there is an impact on the minds of people by "future norms of law", which are designed to regulate social relations, which are just beginning to emerge. Further priorities of expanding the legislative foundations of Ukraine's European integration are outlined. In particular, it is the optimization of the mechanism of substantial realization of European integration transformations in the practice of national state administration, as well as the preparation of legislative support to overcome the global political risks and economic threats that may occur in connection with the implementation of the Association Agreement. The primary for Ukraine is the calculation of the foresight of the political, legal and socio-economic development of Ukrainian society and the generation of normative constructions for the efficiency of the respective processes. Therefore, the practical task of national legal science is to develop scientific proposals for further development of the normative foundations of European integration of Ukraine, taking into account the requirements of time and expectations of Ukrainian society. Key words: Ukraine, European Union, European integration, legislation, Constitution of Ukraine, Association Agreement, legal system.


2020 ◽  
Vol 2 (2) ◽  
pp. 117-146
Author(s):  
Vicenzo Baldini

The state of emergency that is being experienced has generated a sort of dynamic disorder of complex systematic re-elaboration within the framework of the legal system of the state. We appreciate a permanent tension between the rule of law and the discipline of emergency which manages to find a problematic landing point in the prefiguration of the existence of an emergency legal system, based on a different Grundnorm and parallel to the one that sustains the whole establishment of the legal system of the sources of the state legal order


2021 ◽  
Vol 2 (1) ◽  
pp. 40-63
Author(s):  
Matija Stojanović

This article will try to uncover the stance which the early Christian Church held on the legal system of the Roman Empire, in an attempt to reconstruct a stance which could apply to legal systems in general. The sources which we drew upon while writing this paper were primarily those from the New Testament, beginning with the Four Gospels and continuing with the Acts of the Apostoles and the Epistoles, and, secondarily, the works of the Holy Fathers and different Martyrologies through which we reconstructed the manner in which the Christian faith was demonstrated during the ages of persecutions. The article tries to highlight a common stance which can be identified in all these sources and goes on to elaborate how it relates to legal order in general.


1974 ◽  
Vol 9 (4) ◽  
pp. 497-511 ◽  
Author(s):  
Amos Shapira

To reconcile the true boundaries between the individual and the community is the highest problem that thoughtful consideration of human society has to solve. Jellinek,The Declaration of the Rights of Man and of Citizens(1901).The legislative authority in Israel is all-powerful. Like the English Parliament, the Knesset “can do everything but make a woman a man, and a man a woman”. In the absence of a formal written Constitution, the Legislature enjoys legislative supremacy: the laws of the Knesset stand at the top of the normative legal order of the State, paramount in the prevailing legal system. Ranged against such a Legislature-giant, whose power knows no formal restraint, the Courts often feel like Lilliputians facing a Gulliver. There is, indeed, justification for this sense of inferiority harboured by the Judiciary. It is undoubtedly true that in the process of adjudicating disputes—between two individuals and between an individual and the authorities—judges apply, construe, and develop the existing rules of law and impart life to them.


Author(s):  
V. Shamrai ◽  
I. Sliusarenko

The article deals with theoretical and methodological approaches to the essence of the state sovereignty in modern conditions of legal globalization and European interstate integration from the point of view of searching for effective means of complex legal modernization of society. The author analyzes the legal content of this category, shows its specific features, reveals the importance of the processes of improving the basic elements of social relations and constitutional modernization of society and the state in modern conditions of legal globalization and European interstate integration. The need for further improvement of constitutional and legal regulation of the most important social relations as a key direction of legal modernization of social relations in a modern democratic state based on the fundamental foundations of European constitutionalism is underlined. At the same time, at the doctrinal level, there is no doubt that the Constitution of Ukraine has a certain degree of almost all the well-known features of the world, in particular, the European, constitutions. Summarizing the above, we consider it necessary to highlight the following main formal and legal features of the Constitution of Ukraine, which is the fundamental ground for modern constitutional and legal reform in our state: 1) a special subject accepting (people's character); 2) the fundamental (institutional) nature; 3) stability is coupled with dynamism; 4) reality; 5) formal and legal properties: the Constitution – the Fundamental Law of Ukraine; its highest legal force; Constitution – the legal base of legislation; A special procedure for making and amending; Special content and structure of the Constitution; Direct effect of its norms. This list is not exhaustive, but in our opinion, it is optimal for defining the main tasks and principles of constitutional and legal reform in the current conditions of legal globalization and European interstate integration. Thus, with the improvement of the Constitution of Ukraine as the main source of constitutional law of Ukraine, it is necessary to focus not only on the modernization of certain institutions that regulate it, but also on the strengthening of its legal properties in general. In other words, the leading role of the Constitution in the system of sources of constitutional law of Ukraine is due to its inherent legal properties, ensuring their effectiveness in society and is a priority task of modern constitutional and legal reform. Thus, under the constitutional and legal reform, in today's conditions of legal globalization and European interstate integration, it is necessary to reform of the sphere of constitutional law directly as a leading national branch of law of Ukraine, the formally-legal improvement and improvement of the constitutional legal material at all its system levels, as provisions, institutions, sub-sectors and industry as a whole. It should also be noted that the subject and object of the branch of constitutional law varies in modern conditions under the influence of a whole range of objective factors of legal and political reality, in particular, it refers to the processes of legal globalization and intergovernmental integration, which, in turn, internally causes the emergence of new branches and subnets of national law, strengthening the internationalization of constitutional law and the constitutionality of international and European law, the adaptation of domestic constitutional laws and to basic European legal standards as a prerequisite quality of the constitutional and legal reform in accordance with objectively existing conditions of society. The need for further improvement of the constitutional and legal regulation of the most important social relations as the most important line of public power in the context of the perception of the European legal system by the national legal system of Ukraine


2018 ◽  
Vol 26 (26) ◽  
pp. 160-172
Author(s):  
M. Kubilay Akman

When virtual social relations and online interactions have increased in our age media also had a transformation. Social media is a phenomenon which came with wide usage of internet by modern society and individuals. On the one hand it has created opportunities for a more democratic way of communication, participation and dialogue between members of different socio-cultural groups, communities, friends and family members, colleagues, Etc.; on the other hand this new version of media has caused criminal risks, security gaps and vulnerabilities to contemporary threats varied from fraud to cyber-attacks, terrorism, identity theft, ransomwares and so on. Even “old types” of crimes in real life can begin from social media and virtual reality. All these problems are related to several subdisciplines of sociology: sociology of communication, sociology of crime, sociology of security are among them. In this paper we will analyze the topic though sociology of security’s prism. Also, we will discuss what can be the functionality of OPSEC as a measure, which has military background and widely used later on by civilian sectors including corporate security as well.


2020 ◽  
Vol 75 ◽  
pp. 241-259
Author(s):  
Krzysztof Nowak

The subject of the article is focused on issues related to conducting disciplinary proceedings in Polish uniformed forced. The author draws attention to the fact that a considerable diversity exists in the Polish legal order as regards the disciplinary procedure applicable in individual uniformed services. The main arguments focus on the need of developing a normative act of a comprehensive nature that would uniformly regulate the manner in which disciplinary proceedings are adopted in uniformed services subordinated to the Minister of the Interior and Administration. The final part of the article is the starting point for a broader discussion on the effectiveness of the proposed amendment to the current legal system in the abovementioned area.


2021 ◽  
pp. 133-149
Author(s):  
Ismail Tafani

The scope of this article is the analysis of the situation created by the Coronavirus which has been a risk to the health of the humans and at the same time has af-fected the legal systems in a country. In addition, this article will try to highlight likewise in the whole World, the same way the Albanian legal system is caught em-inently unprepared to respond and protect "the right to health" and consequently the management of the Covid-19 pandemic. The situation of the pandemic in addition of being a great test for the human immunity, seems to have done the same for the "immunity" of legal systems in general and the Albanian system, on which the study will be focused mainly. Although the legal system provided for exceptional measures to respond to the situation in a subtle way in respect to fundamen-tal rights, the Albanian government in particular and governments around the World seem to have been disoriented and have lost the thread to react in a natural way in respect to the provisions of the legal order in response to the Covid-19 and respect for individual rights of health with dignity. This disorientation of the gov-ernment actions towards the response to the situation seemed to be ineffective and contagious like the virus itself. The situation of Covid-19 infection has begun to be managed through the law that regulates infections and infectious diseases, adopt-ing various secondary regulations in accordance with this law. Thus, in Albania, the Government has made legislative interventions through the decree laws, to tighten the administrative sanctions against people who did not respect the "lock-down". This legislation was followed by the proclamation of the state of emergency throughout the Albanian territory. So the situation inevitably has influence on the sustainability of the society because this disorientation of the legislative activi-ty created confusion in this country. The state of emergency is foreseen in the Al-banian, obviously taking into account the proportionality of the reaction to the danger. In this context, the article intends to make a detailed analysis considering some comparative aspects, and as regards the proportionality of the measures adopted by the Albanian government.


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