scholarly journals INITIATING LAW REFORM IN INDONESIA (FROM THE DIGNIFIED JUSTICE PERSPECTIVE)

2020 ◽  
Vol 3 (1) ◽  
pp. 14-25
Author(s):  
Christina Maya Indah S ◽  
Teguh Prasetyo
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Status Quo ◽  
Point Of View ◽  
Law Reform ◽  
Social Changes ◽  
Sociological Jurisprudence ◽  
Legislative Branch ◽  
The Status ◽  
The Government

It is argued in this article that a study on the law reform of a country is the study which related to understanding of a scientific paradigm which made up of the basic idea of a country’s legal system. The main argument in this article is that the basic idea ofma legalmrefom on a legal system must be build upon the enforcement of the juridical principles found and developed in the system. This is derived from a postulate of the Dignified Justice teory perspective.In this view legal virtues underpinning a legal system are examined together as one system of principles and rules or a legal system. Philosophically, or it is a theoretical and a paradigm that law is believed as inseparable from the legal science itself. This philosophy has been developed to make a correction to the sociological jurisprudence perspective, which mainly argued that each occurence of social changes in a legal system cannot be answered by regulation alone. The sociological jurisprudence point of view argues that law is confined to the status quo of a society. Many has argued that this sociological indicative has occurred in many civil law systems, in particular Indonesia, to be used as its best prototype. In the Indonesian legal system, law is positioned as rules and regulations made by the legislative branch of the government. In this perspective laws has been excluded from humanity almost altogether. This article argues that Pancasila as the Indonesia Legal System is the way to solve this problem. Since Pancasila is used as the basis of the State and the source of all legal sources. For this reason, it is interesting to examine how the Pancasila actually became a basis of values in initiating the project of law reform in Indonesia.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

1848 and Parliamentary Reform

1988 ◽  
Vol 31 (4) ◽  
pp. 831-851 ◽  
Author(s):  
Roland Quinault
Keyword(s):  
Solid Support ◽  
Status Quo ◽  
Middle Classes ◽  
State Security ◽  
Property Owners ◽  
Parliamentary Reform ◽  
The Status ◽  
History Of ◽  
The Government ◽  
History Books

1848 has gone down in history – or rather in history books – as the year when England was different. In that year a wave of revolution on the Continent overthrew constitutions, premiers and even a dynasty but in England, by contrast, the middle classes rallied round the government and helped it preserve the status quo. This interpretation of 1848 has long been the established orthodoxy amongst historians. Asa Briggs took this view thirty years ago and it has lately been endorsed by F. B. Smith and Henry Weisser. Most recently, John Saville, in his book on 1848, has concluded that events in England ‘demonstrated beyond question and doubt, the complete and solid support of the middling strata to the defence of existing institutions’. He claims that ‘the outstanding feature of 1848 was the mass response to the call for special constables to assist the professional forces of state security’ which reflected a closing of ranks among all property owners. Although some historians, notably David Goodway, have recently stressed the vitality of Chartism in 1848 they have not challenged the traditional view that the movement failed to win concessions from the establishment and soon declined. Thus 1848 in England is generally regarded as a terminal date: the last chapter in the history of Chartism as a major movement. Thereafter Britain experienced a period of conservatism – described by one historian as ‘the mid-Victorian calm’–which lasted until the death of Palmerston in 1865.

scholarly journals Exploration of the Way out for Education Reform Based on the Status Quo of Chinese and Foreign Education Systems

2018 ◽  
Vol 2 (2) ◽  
pp. 37
Author(s):  
Yifan Wang
Keyword(s):  
Education Reform ◽  
Education System ◽  
Status Quo ◽  
New Era ◽  
The Status ◽  
Practical Reality ◽  
The Government ◽  
Foreign Education ◽  
Education In China ◽  
The Way

 Against the backdrop of growing national strength and rapid economic development, the government has placed more emphasis on education. In recent years, remarkable achievements have been registered in terms of education in China, which lays a solid foundation for cultivating comprehensive professionally-trained personnel in the new era. However, the current education system is ridden with many setbacks and problems. This paper conducts an analysis of the specific conditions of education both at home and abroad, status quo of education in China, makes some reflections on the direction and measures of China's education reform based on the practical reality of education in China. Measures should be taken to inject personalities into the traditional, exam-oriented education system, which keeps pace with the new era. As is known to all, it's important to strike a balance between public education and non-government funded education in a scientific and reasonable manner. The overhauling of traditional education policies will pave the way for China's educational renaissance and realize the great blueprint of the Chinese dream. 

scholarly journals The Creation of Elusive Investor Responsibility

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 10-15 ◽  
Author(s):  
Jean Ho
Keyword(s):  
International Investment ◽  
Status Quo ◽  
Investor Behavior ◽  
Law Reform ◽  
State Responsibility ◽  
International Investment Law ◽  
Institutional Conditions ◽  
The Status ◽  
Investment Law ◽  
Accountability Gap

The issue of investor responsibility reveals a stubborn bias within international investment law. That law addresses mistreatment by host states of foreign investors but consistently fails to address investor misconduct in host states. The traditional emphasis on state responsibility in this context has allowed abusive, pollutive, and corrupt investor behavior to thrive. International investment law is the current object of scrutiny, criticism, and reform in large part because many see it as overprotecting investors. However, scholars and reformers have focused on state responsibility, tinkering with the legal and institutional conditions that determine the international wrongfulness of state conduct. Unless and until investor responsibility is integrated into international investment law reform, the overprotection of investors owing to an accountability gap will continue to undermine its legitimacy. This essay posits that the first step to integration is understanding why investor responsibility scrabbles to find purchase in international investment law. I argue that elusive investor responsibility was created by omission, with injurious consequences that highlight the need to alter, rather than accept, the status quo.

Literature Review of the Domestic Research on Emission Trade

2012 ◽  
Vol 424-425 ◽  
pp. 179-183
Author(s):  
Li Ping Zhou
Keyword(s):  
Literature Review ◽  
Emission Trading ◽  
Field Research ◽  
Status Quo ◽  
Research Field ◽  
Theoretical Research ◽  
Research Orientation ◽  
Trading Market ◽  
The Status ◽  
The Government

Emission trading means that, on the premise that environment and resources belongs to the nation and the total amount of emission is under regulation, the government sells the permit of a certain amount of emission to the polluter by issuing tradable emission licences. This paper discusses the emission trading in China in the recent 30 years. By reviewing the research field,research orientation and the status quo, this paper aimed at do some fundamental theoretical research on the application of the emission trading theory and the establishment of the emission trading market in China

A Delicate Balance: Religious Autonomy Rights and lgbti Rights in Australia

2015 ◽  
Vol 10 (1) ◽  
pp. 45-62 ◽  
Author(s):  
Charlotte Baines
Keyword(s):  
Legal System ◽  
Religious Freedom ◽  
Status Quo ◽  
The Other ◽  
Faith Communities ◽  
Human Right ◽  
The Status ◽  
Research Gap ◽  
The One ◽  
The Right

This article addresses a research gap by analysing the way the Australian legal system is balancing the right to religious autonomy of organisations and the right of lgbti individuals not to be discriminated against, and considers what ought to be the case. I argue that the Australian legal system recognises the value of religious freedom on the one hand, and on the other hand, does not place a high priority on protecting it as an existing human right. My findings reveal that the Australian legal system is not always defining the religion and society relationship in ways that reflect the lived reality of religion in society. The issue is compounded by the wording of religious exemptions under anti-discrimination law which is contested within faith communities. As a consequence, religious freedom can be unfairly restricted. I conclude with recommendations to improve the status quo.

The United Arab Emirates will monitor internet closely

2016 ◽  
Keyword(s):  
Social Media ◽  
United Arab Emirates ◽  
Status Quo ◽  
Content Type ◽  
Global Brands ◽  
Low Profile ◽  
The Status ◽  
Social Media Platforms ◽  
The Government ◽  
In Transit

Subject Importance of social media in the United Arab Emirates. Significance The United Arab Emirates (UAE) is among the most connected countries in the Middle East, with one of the highest rates of social media penetration. Compared with Western countries, UAE consumers are more likely to engage with brands and to be less worried about issues of privacy and tracking. The government engages in extensive monitoring, surveillance and censorship of social media and apps. Impacts Both global brands and local businesses have additional scope to develop social media strategies to capitalise on rising usage. Content with the status quo and tight monitoring will prevent activists from leveraging social media platforms to bring about change. Extraterritorial aspects of the cybercrime law could be applied to non-residents and travellers in transit. Non-renewal of visas could become a more common, low-profile way to exclude expatriates who transgress on social media.

Relatively universal: globalisation, rights discourse, and the evolution of Australian sexual and national identities

Legal Studies ◽  
1998 ◽  
Vol 18 (4) ◽  
pp. 534-557 ◽  
Author(s):  
Carl F. Stychin
Keyword(s):  
Criminal Code ◽  
State Legislature ◽  
Status Quo ◽  
The State ◽  
National Identities ◽  
Law Reform ◽  
Simple Fact ◽  
The Status ◽  
Rights Discourse ◽  
Rich History

Successful law reform campaigns leave behind a rich history; a story of engagement between activists seeking legal change, opponents who attempt to maintain the status quo, legislators, and the judiciary. The repeal of the provisions of the Tasmanian Criminal Code which prohibited certain private, consensual sexual relations between adults, and which were aimed primarily at male samesex sexual acts, by the state legislature in May 1997, signaled the end of a particularly arduous campaign which lasted several years. What makes this struggle worthy of academic treatment, first, is the simple fact that the gay activist campaign was waged over a plurality of legal and political sites at the state, national, and international levels.

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