scholarly journals Kebebasan Hak Ijtihad Nikah Beda Agama Pasca Putusan Mahkamah Konstitusi

2016 ◽  
Vol 12 (3) ◽  
pp. 604
Author(s):  
Faiq Tobroni
Keyword(s):  
The State ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Interfaith Marriage ◽  
The Third ◽  
Interfaith Marriages ◽  
Key Issues ◽  
Marriage Laws ◽  
Constitutional Right ◽  
The Impact

This paper has three key issues. The first issue discusses the arguments constructed by applicant of judicial review (JR) to assess the constitutional rights’ violations caused by the application of Article 2 (1) UUP. The second issue discusses on how the Constitutional Court (MK) seated position of state associated marital affairs in the rejection of JR. The third issue discusses model of freedom of ijtihad (legal thought) on interfaith marriage as the impact of MK’s Decision. Based on    the discussion, regarding to the first issue, the applicant of JR assess the application of Article 2 (1) UUP has legitimized the state as the sole interpreters of religious teachings for a requirement validity of the marriage. According to the applicant,  the role is used by the state (The Office for Religious Affairs/KUA) to not accept interfaith marriage. This refusal led to the violation of some other constitutional rights. Furthermore, as the findings of the second issue, MK’s decision has placed   the real position of state not as interpreters of religious teachings, but merely to accommodate the results of religious scholars’s ijtihad regarding marriage into the state law. Thus, it is not true that the state has violated the constitutional right to more intervene the religious life of citizens. Last findings as the third issue, MK’s decision has affected the model of ijtihad freedom on interfaith marriage. Actually interfaith marriage can still be served through the Civil Registry Office (KCS). KCS could be an alternative way to facilitate the interfaith marriages for all religions in Indonesia. Special for KUA, the institution reject to record interfaith marriage.   In this way, it only accommodates freedom of ijtihad within the limits of ijtihad jama’i. KUA just accomodates ijtihad by institutions such as the Majelis Ulama Indonesia, Nahdlatul Ulama, Muhammadiyah and other similar institutions that reject interfaith marriage. Special for marriage in muslim community, ijtihad jama’i is better than ijtihad fardiy because the second could trigger the liberalization of marriage laws (temporary marriages, polygamy more than four, underage marriages and denial of recording).

scholarly journals Modderklip Revisited: Can Courts Compel the State to Expropriate Property where the Eviction of Unlawful Occupiers is not Just and Equitable?

2018 ◽  
Vol 21 ◽  
pp. 1-21
Author(s):  
Jackie Dugard
Keyword(s):  
South Africa ◽  
Separation Of Powers ◽  
The State ◽  
Court Case ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Western Cape ◽  
The Supreme Court ◽  
Constitutional Right ◽  
The Republic

This article examines whether, to give effect to the section 26 constitutional right to adequate housing, courts can (or should) compel the state to expropriate property in instances when it is not just and equitable to evict unlawful occupiers from privately-owned land (unfeasible eviction). This question was first raised in the Modderklip case, where both the Supreme Court of Appeal (Modder East Squatters v Modderklip Boerdery (Pty) Ltd; President of the Republic of South Africa v Modderklip Boerdery (Pty) Ltd 2004 3 All SA 169 (SCA)) and Constitutional Court (President of the Republic of South Africa v Modderklip Boerdery (Pty) Ltd 2005 5 SA 3 (CC)). dodged the question, opting instead to award constitutional damages to the property owner for the long-term occupation of its property by unlawful occupiers. It is clear from cases such as Ekurhuleni Municipality v Dada 2009 4 SA 463 (SCA), that, mindful of separation of powers concerns, courts have until very recently been unwilling to order the state to expropriate property in such circumstances. At the same time, it is increasingly evident that the state has failed to fulfil its constitutional obligations to provide alternative accommodation for poor communities. In this context, this article argues that there is a growing need for the judiciary to consider, as part of its role to craft effective remedies for constitutional rights violations, the issue of judicial expropriation. It does so, first, through an analysis of the relevant jurisprudence on evictions sought by private landowners and, second, through an in-depth engagement of the recent Western Cape High Court case, Fischer v Persons Listed on Annexure X to the Notice of Motion and those Persons whose Identity are Unknown to the Applicant and who are Unlawfully Occupying or Attempting to Occupy Erf 150 (Remaining Extent) Phillipi, Cape Division, Province of the Western Cape; Stock v Persons Unlawfully Occupying Erven 145, 152, 156, 418, 3107, Phillipi & Portion 0 Farm 597, Cape Rd; Copper Moon Trading 203 (Pty) Ltd v Persons whose Identities are to the Applicant Unknown and who are Unlawfully Occupying Remainder Erf 149, Phillipi, Cape Town 2018 2 SA 228 (WCC).    

scholarly journals LIBERTAD DE EXPRESIÓN, REDES SOCIALES Y DERECHO PENAL

2020 ◽  
Author(s):  
Fernando Miró-Llinares
Keyword(s):  
Social Networks ◽  
Freedom Of Expression ◽  
The State ◽  
Free Expression ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Redes Sociales ◽  
Need To Evaluate ◽  
Derecho Penal ◽  
The Impact

Nowadays it is easy to find public statements about the situation of freedom of expression in different democracies questioning the exercise of this right, perhaps as a result of the political tensions to which democratic states have been subjected in recent years. In this sense, Spain does not escape from these diagnoses. Both international indicators that try to measure the situation and evolution of freedom of expression in different States and academic scholars highlight the excessive criminalization of certain speeches that end up in criminal proceedings that sentence people who make offensive expressions, mainly through social networks. However, in order to reach this diagnosis it is necessary to put together all the symptoms that would lead us to that conclusion. Therefore, in this paper I analyze two main indicators that could shed more light on the state of freedom of expression in Spain and the impact that social networks have had on it. Firstly, I analyze the legislative evolution of expression offences since 1995, to evaluate the limits of certain expressions in order to reach the conclusion that, effectively, over the years the punitive scope of what cannot be expressed has been extended, thus limiting, at least in abstract, freedom of expression. Secondly, I analyze the jurisprudential evolution of all these crimes since 1995 to show that, indeed, the proliferation of sentences from 2015 to the present shows the increase in the criminalization of expressions that are made eminently through social networks such as Twitter and Facebook. To conclude, I reflect on the possibility that the latest absolutory sentence by the Constitutional Court of the singer of the band Def con Dos César Strawberry will increase the feeling that, from now on, all expression is admissible and, therefore, will increase free expression in general and, in particular, in social networks, since, it does not seem that our legislator is willing to rectify in its steps the excessive criminalization of certain offenses. I also reflect on the need to approach freedom of expression in a more empirical way and the need to evaluate not only the limitations that the law and judicial processes impose on freedom of expression, but also the extent to which citizens in general and, in particular, users of social networks, without the need to have gone through any criminal proceedings, have stopped expressing their opinions because only in this way will it be possible to determine the state of health of our right to freedom of expression.

scholarly journals Agama dan Pernikahan Pasangan Beda Agama di Sendangmulyo Semarang

2019 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Irma Putri Fatimah ◽  
Amirudin Amirudin ◽  
Af'idatul Lathifah
Keyword(s):  
Religious Beliefs ◽  
Modern Society ◽  
The State ◽  
State Agency ◽  
Life Choices ◽  
Interfaith Marriage ◽  
The Family ◽  
The Future ◽  
Interfaith Marriages ◽  
The Right

Marriage is the dream of every couple, where marriage is one of the highest forms of commitment in every individual relationship that makes love. In practice marriage is the dream of every couple to continue to be together to build a household. However, the couple's desire now becomes complicated when the marriage is difficult because of different religious beliefs. The difficulty of the legality of interfaith marriages in Indonesia becomes a polemic of interfaith couples in carrying out their marriage legally in the state or religion or even opposition faced with the family. Given this interfaith marriage today is still intensively carried out even though in practice it is difficult to implement and many problems will arise in the future. Indonesia is indeed known as a multicultural nation where differences in culture and religion are inevitable, one of which is the phenomenon of interfaith marriages now that Indonesia has five legitimate religions and streams of belief that are still developing in modern society. The state agency appointed to legalize the holy marriage is still a long-standing polemic for some couples who want to formalize their marriage. However, because they want to keep each of their beliefs, the state fully regulates marriages that require couples to marry with the same beliefs and religions, whereas in practice citizens are free to make their own choices and have the right to be happy in determining their life choices, including in terms of marriage and determining their life partners each

scholarly journals Constitutional Complaint and the Protection of Citizens the Constitutional Rights

2017 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
I Dewa Gede Palguna
Keyword(s):  
Public Institution ◽  
Constitutional Court ◽  
Public Official ◽  
Constitutional Rights ◽  
Legal Remedies ◽  
Legal Remedy ◽  
Federal Constitutional ◽  
Individual Citizen ◽  
Constitutional Right ◽  
The Republic

Constitutional complaint is one of important issues to be dealt with by severral countries issues adopting constitutional court in their national legal system and the Federal Constitutional Court Germany (Bundesverfassungsgericht) is considered by expert as one of the most advance mechanism among countries in dealing with the issue. Generally speaking, constitutional complaint can be described as a complaint or lawsuit filed by an individual citizen who deems his or her constitutional right (s) has been violates by act or omission of public institution or public official. Mostly, such a complaint can only be filed it theere is no other legal remedy available or all legal remedies available have been exhausted. The Constitutional Court of The Republic of Indonesia however is not entrusted with authority to hear constitutional complaint case not withstanding the fact that statistical data on judicial review cases filed by many petitioners before the Court were substantially constitutional complaint issues. It means that, empirically giving the Court to hear constitutional complaint case is necessarily pivotal and theoritically, the Court has the very foundation to be entrusted withq such authority. Considering the complex mechanism to amend the Constitution of 1945, which exhaustively deserible the court’s authorities, this article offers the lawmaker a theoretical insight tio give the Court a limited authority to hear constitutional complaint case by the way of amending the law on Constitutional Court.

scholarly journals The Existence of the State's Role in Providing Prodeo Legal Aid to Citizens Who Are Not Able Based on Law Number 16 of 2011

2020 ◽  
Vol 2 (2) ◽  
pp. 111-128
Author(s):  
Helmy Yahya Rahma Aji ◽  
Raden Muhammad Arvy Ilyasa
Keyword(s):  
The State ◽  
Equal Treatment ◽  
Access To Justice ◽  
Legal Service ◽  
Constitutional Rights ◽  
Legal Assistance ◽  
Legal Aid ◽  
Protection Of Human Rights ◽  
The Law ◽  
Constitutional Right

Indonesia as a state of the law has guaranteed the constitutional rights of each of its citizens without exception as a form of protection of human rights contained in Article 1 paragraph (3) of the 1945 Constitution. Providing legal assistance to citizens who are unable as constitutional rights of every citizen and the State is obliged to protect the constitutional rights regarding obtaining guarantees, protections, and certainty of law that is fair and equal treatment before the law. Legal aid legally in Law Number 16 of 2011 is a legal service free of charge to legal aid recipients. The thing that becomes the basis for the provision of legal assistance by the State is because the State is responsible for providing legal assistance to disadvantaged citizens as a form of access to justice and equality before the law. The state has a role in terms of establishing regulations as the legal basis for implementing legal assistance for disadvantaged citizens. But in reality, in the development of legal aid, there are several problems between legal aid providers (advocates) and the State as a guarantor of the constitutional right to the realization of justice and equality before the law for every Indonesian citizen, including the poor.

scholarly journals THE EFFECT OF MYCOTOXIN ADSORBENTS ON SOME SELECTED PARAMETERS OF BOAR SEMEN

AGROFOR ◽  
2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Larisa Caisin ◽  
Taisia Snitco ◽  
Vasile Vrancean
Keyword(s):  
The State ◽  
State Enterprise ◽  
Republic Of Moldova ◽  
The Third ◽  
Boar Semen ◽  
The Impact ◽  
Second Period

The studies were carried out at the State Enterprise for Pig Selection andHybridization "Moldsungibrid" (Republic of Moldova), from 18.03.2014 till06.08.2014, using boars of Landrace, Yorkshire, Duroc and Pietrain breeds in orderto understand the impact of the enterosorbent "Primix-Alfasorb" on breeding boars,semen production. During the first period of the experiment the adsorbent was notadded to the boars’ diet; during the second period of the experiment (60 days) thebasic compound feed (BF) was supplemented with the preparation "Primix-Alfasorb" at the level of 300 g/t; during the final (third) period (40 days) theanimals were again fed to basic feed. It was observed that, when the breeding boarswere fed on compound feed supplemented with the additive «Primix-Alfasorb» atthe level of 300g/t, the ejaculate volume increased, namely: during the secondperiod of the experiment – in the boars of Landrace breed (p <0.05), and duringthe third period – in the boars of Pietrain breed (p <0.1). The total number ofspermatozoa in the ejaculate was 139,54 milliard in Duroc boars, and up to 201,39milliard in the boars of Pietrain breed. During the third period of the experiment,this index was high in the boars of all the breeds. As to the concentration of thespermatozoa, it was higher in Yorkshire boars by 13.52, 14.14 and 0.58%.

scholarly journals Geospatial Study of Human Development Index of Ukraine in the Light of Regional Indicators

2014 ◽  
Vol 26 ◽  
pp. 197-206
Author(s):  
Andriy Kuzyshyn
Keyword(s):  
Human Development ◽  
Human Development Index ◽  
Well Being ◽  
Individual Performance ◽  
The State ◽  
Development Index ◽  
Reliability Estimates ◽  
Key Issues ◽  
The Impact ◽  
Unambiguous Interpretation

The article reveals the peculiarities in the formation of comfortable life features in the regions of Ukraine based on the analysis of the components and the human development index. In particular, it reveals the essenceof the human development concept as one that enables people to develop their potential, to live productively and creatively in tune with their needs and interests. Its goal is to empower each individual in the chosen environment – country, region or specific locality. Human development involves balancing the formation of human abilities to improve their conditions of life. However, the level of regional human development will depend on the potential of the designated area. Since 2012, Ukraine has updated the method of estimating regional Human Development Index by which we can calculate the regional human development index. It includes 33 indicators grouped into six blocks in accordance with the basic aspects of human development. These are reproduction, social position, comfortable life, well-being, worthy work, and education. These indicators were selected on the basis of suitability for the annual calculation of provision available to the State Statistics Service of Ukraine, reliability estimates at the regional level under the specific issues of human development in Ukraine, unambiguous interpretation of the impact on human development, lack of high correlation between individual performance and adequacy of static and dynamic variation. According to the ratings of Human Development Index in 2012, conducted by the State Statistics Service of Ukraine and the Institute of Demography and Social Studies of M.V. Puhta, regions that constantly show high indicators of human development index are Crimea, Kharkiv, Lviv, Transcarpathian and Poltava regions. The largest group consists of regions with the average index indicator of the human development (most regions of Ukraine). Finally, the third group consists of regions with the lowest human development index (Kirovograd, Donetsk, Sumy regions). The results of calculations of regional Human Development Index can serve as a basis for identifying key issues and priorities of each region.

scholarly journals Legitimacy of the Dissolution of Beliefs by Community Organizations

2022 ◽  
Vol 3 (1) ◽  
pp. 35-45
Author(s):  
I Nyoman Budiana
Keyword(s):  
Community Organizations ◽  
The State ◽  
Constitutional Court ◽  
Belief In God ◽  
National Legal System ◽  
System 2 ◽  
Legal Position ◽  
Constitutional Right ◽  
The One ◽  
The Right

Article 28E paragraph (1) of the 1945 Constitution states "Every person shall be free to choose and to practice the religion of his/her choice, to choose one’s education, to choose one’s employment, to choose one’s citizenship, and to choose one’s place of residence within the state territory, to leave it and to subsequently return to it.” In paragraph (2), everyone has the right to the freedom to believe in his/her beliefs, to express his/her views and thoughts, according to his/her conscience. The constitutional guarantees for believers can also be seen in Article 29 of the 1945 Constitution stating that the state shall be based upon the One and Only God and the State guarantees all persons the freedom of worship, each according to his/her own religion or belief. The Constitutional Court affirms that the right to adhere to a religion or belief in God Almighty is a citizen's constitutional right, not a gift from the state. Therefore, the state is obliged to protect and guarantee the fulfillment of the rights of it’s the citizens to embrace a belief other than the six religions developed in Indonesia. However, in practice the dissolution of beliefs is actually carried out by community organizations. In this study, two things will be discussed namely: 1) What is the legal position of adherents of belief in the national legal system? 2) Do community organizations have the authority to dissolve religious beliefs? This research is normative juridical research, in which the problems in this research are analyzed qualitatively.

scholarly journals Prospect of Judicial Preview in the Constitutional Court Based on the Construction of Constitutional Law

2020 ◽  
Vol 8 (3) ◽  
Author(s):  
Diya Ul Akmal ◽  
Fatkhul Muin ◽  
Pipih Ludia Karsa
Keyword(s):  
Judicial Review ◽  
Constitutional Law ◽  
Preventive Measure ◽  
State Institution ◽  
The State ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Legislative Body ◽  
Law Making

AbstractThe Constitutional Court is a state institution that has the authority to reviewing laws against the Constitution (Judicial Review). Several times in issuing its decisions, the Constitutional Court has acted as a Positive Legislator. The potential for a legal vacuum as the implication of revoking a law is large. and also the slow formation of laws by the legislative body (DPR) and the lack of quality of regulations. The current law making does not pay attention to legal ideals based on Pancasila so that the resulting legal products lose their meaning. This has resulted in many people whose constitutional rights have been violated. The state should be present to give full constitutional rights to its citizens. The Constitutional Court needs an additional authority to maintain the supremacy of the constitution. additional authority as a preventive mechanism is Judicial Preview. The French state places Judicial Preview as an authority of the Constitutional Council. Austria and Germany apply Judicial Preview as a preventive measure for losses that can occur if the Draft Law is passed. A renewal of the Constitutional Law to perfect existing ones makes the prospect of Judicial Preview in Indonesia an Urgency for immediate implementation.Keywords: Constitutional Court, Authority, Judicial Preview AbstrakMahkamah Konstitusi merupakan lembaga negara yang memiliki kewenangan pengujian Undang-Undang terhadap Undang-Undang Dasar (Judicial Review). Dalam mengeluarkan putusannya Mahkamah Konstitusi beberapa kali bertindak sebagai Positif Legislator. Potensi terjadinya kekosongan hukum sebagai implikasi dicabutnya suatu Undang-Undang sangatlah besar. Ditambah dengan lambatnya pembentukan Undang-Undang oleh lembaga legislatif (DPR) serta kualitas peraturan yang kurang. Pembuatan Undang-Undang saat ini tidak memperhatikan cita hukum yang berakar pada Pancasila sehingga produk hukum yang dihasilkan kehilangan maknanya. Hal ini mengakibatkan banyak masyarakat yang dilanggar hak konstitusionalnya. Negara seharusnya hadir untuk memberikan hak konstitusional secara penuh kepada warga negaranya. Untuk mencegah hal tersebut maka Mahkamah Konstitusi membutuhkan suatu kewenangan tambahan untuk menjaga tegaknya supremasi konstitusi. Kewenangan tambahan sebagai mekanisme preventif tersebut berupa Pengujian Rancangan Undang-Undang (Judicial Preview). Perancis menempatkan Judicial Preview sebagai kewenangan dari Constitutional Council. Austria dan Jerman juga memberlakukannya sebagai tindakan pencegahan. Pembangunan Hukum Konstitusi untuk menyempurnakan yang sudah ada menjadikan prospek Pengujian Rancangan Undang-Undang di Indonesia menjadi urgensi untuk segera diterapkan.Kata Kunci: Mahkamah Konstitusi, Kewenangan, Judicial Preview

scholarly journals Ottoman Legacies of the State: An Introduction

2018 ◽  
Vol 42 (4) ◽  
pp. 795-796
Author(s):  
Jonathan Endelman
Keyword(s):  
Middle East ◽  
Ottoman Empire ◽  
The State ◽  
Political Life ◽  
State Institutions ◽  
Key Issues ◽  
Vantage Points ◽  
Political Governance ◽  
The Impact

This collection of papers, from very different vantage points, makes the argument that the Ottoman Empire bequeathed significant legacies to the notion and practices of modern political governance in the Middle East. The three essays address the impact Ottoman policies had on territories that had once been part of the empire, focusing most closely on the development of state institutions, nationalism, and the position of the caliphate. By exploring these key issues, the authors hope to call attention to the importance of the Ottoman experience in laying the groundwork for future political life in the region.

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