scholarly journals Politik Hukum Pengujian Peraturan Perundang-Undangan dalam Penyelenggaraan Negara

2016 ◽  
Vol 13 (1) ◽  
pp. 124
Author(s):  
Anna Triningsih
Keyword(s):  
The State ◽  
Checks And Balances ◽  
State Institutions ◽  
Political Dynamics ◽  
Democratic State ◽  
State Administration ◽  
State And Society ◽  
System Review ◽  
The Law ◽  
Constitutional System

Legislation or commonly called the law is a  political  product.  Politics  is  a field in the society which relate to public goals, and the law as one of the fields in society is always linked to the goals of society. Because of being associated with these objectives, the law has its own dynamics side. In its socio-political dynamics there is always a message that wants to be heard, known, understood, and then executed by the addressee, which is the organizer of state power, political power holders. In the perspective of constitutional law that  message  then  becomes  a  goal in organizing the state and then organized into a political structure as the procedures in the administration of the state in order to reach the goal of the state. The meaning of a more democratic state administration and based on law as a goal in the amendment of the 1945 Constitution was to provide a constitutional basis, (i) equal relationship between state and society based on rights and obligations in reciprocal nature; (ii) the equal relationship between state institutions based on checks and balances system; (iii) strengthening the independence and impartiality of judicial authority to guard the running of the legal and constitutional system. Review of egal products in state administration through judicial mechanism aims to provide a guarantee for the implementation of these relationships and the running of the legal and constitutional system in accordance with the 1945 Constitution.

scholarly journals Legal Reconstruction of State Institutionalities of State Commissions to Suppress the Potential of Institutional Authority Dispute

2021 ◽  
Vol 10 ◽  
pp. 1006-1011
Author(s):  
Lukman Hakim ◽  
Keyword(s):  
The State ◽  
Popular Sovereignty ◽  
Checks And Balances ◽  
Structural Mechanism ◽  
State Institutions ◽  
Know How ◽  
Institutional Authority ◽  
State Administration ◽  
Democratic System ◽  
Constitutional System

The main problem of this research triggers by the fact that Indonesia fundamental constitutional system changed into the 1945 Constitution. The changes affected the structure and structural mechanism of state institutions. The main purpose of this study is to analyze the philosophical question of the basic root formed in the 1945 Constitution as a new constitution of Indonesia. Regarding the organization and institution of the state can be started by questioning the essence of power that is institutionalized or organized into the state. The results showed that it is also important to know how the principle of popular sovereignty is reflected in the structure and mechanisms of state and government institutions that guarantee the establishment of the legal system and the functioning of the democratic system. At the theory level in terms of state institutions, with the various state commissions, how the principle of popular sovereignty is organized into institutional functions can be patterned into state institutions that are equal and mutually balanced in forms of checks and balances. From a normative perspective, the sources of state institutional authority can be used as a reference in the structuring of state institutions by considering shifts and the development of state administration, especially with the state commissions that occurred after changes to the 1945 Constitution.

scholarly journals HAK ANGKET DPR VS KEBERADAAN KPK RI DALAM SISTEM KETATANEGARAAN INDONESIA

to-ra ◽  
2017 ◽  
Vol 3 (2) ◽  
pp. 558
Author(s):  
Tomson Situmeang
Keyword(s):  
Government Policy ◽  
State Institution ◽  
The State ◽  
Constitutional Court ◽  
State Institutions ◽  
Pros And Cons ◽  
The Law ◽  
Constitutional System

Abstract Indonesia is a country that is limited by the constitution, in accordance with the provisions of Article 1 paragraph (2) and (3) of the 1945 Constitution. What is carried out by the executive, legislative, and judicial institutions with different roles, functions and tasks that do not intervene with each other, but are interconnected and intersecting. For example, the DPR Questionnaire Rights to the KPK raises pros and cons, because there are those who think that the KPK cannot be submitted to a questionnaire, but there are those who think that the KPK can also be asked for a questionnaire by the DPR. Questionnaire rights are one of the rights owned by the DPR in carrying out the supervisory function by conducting an investigation of the implementation of a law and/or government policy relating to important, strategic, and broad impacts on the life of the community, nation and state that are allegedly contradictory with the law. KPK is a state institution formed based on the Law so that it is an Organ of Law, but that does not mean that the state institution has no legal or unconstitutional position. KPK is not explicitly mentioned in the 1945 Constitution, but both have constitutional importance in the constitutional system, and even the Constitutional Court states that the term state institution is not always mentioned in the 1945 Constitution, but also formed on the basis of orders from regulations under the constitution. Thus the existence of the KPK as an institution tasked with eradicating corruption is not outside the constitutional system, but instead is placed constitutionally and acknowledged its existence in the constitutional system as one of the state institutions.   Keywords: DPR, Hak Angket, KPK

Opposition weakness will help Polish ruling coalition

2021 ◽  
Keyword(s):  
The State ◽  
Independent State ◽  
Content Type ◽  
State Institutions ◽  
Party Control ◽  
State Of The Economy ◽  
The Media ◽  
The Law ◽  
Law And Justice

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.

scholarly journals The Actuality of Some Principles and Ideas of Law Philosophy Issued by Mircea Djuvara

2018 ◽  
Vol 21 (35) ◽  
pp. 38-51
Author(s):  
Marţian Iovan
Keyword(s):  
European Union ◽  
Political Power ◽  
National Level ◽  
The State ◽  
The Political ◽  
Philosophy Of Law ◽  
State Institutions ◽  
The Law

Abstract The author analyzes in this paper principles and ides of philosophy of law issued by Mircea Djuvara, which preserve their contemporaneity, being useful for the perfecting of the state institutions and of the democracy not only at national level, but also at European Union one. His ideas and logical demonstration on the rational fundamentals of law, the autonomy of the moral and legal conscience, the specificity of truth and of juridical knowledge, the philosophical substantiation of power and Constitution, the principles of the democracy and the connections between the political power and the law are just few of the original elements due to which Djuvara became an acknowledged and respected personality not only in Romania, but also in the experts clubs of the Europe between the two World Wars.

scholarly journals TINJAUAN MENGENAI PERAN DAN FUNGSI DPR DALAM UUD NKRI TAHUN 1945 PASCA AMANDEMEN BERDASARKAN MEKANISME CHECK AND BALANCE

2018 ◽  
Vol 10 (2) ◽  
Author(s):  
Yokotani Yokotani
Keyword(s):  
The State ◽  
Executive Power ◽  
Administration System ◽  
State Institutions ◽  
State Administration

Reforms in Indonesia has led to many changes, one change in the state administration system in Indonesia. Post authoritarian era, hopes to form a power ideally through the constitution amendment to be the only way to improve the existing system by step abolish one by one to the authority of the executive power into shades executive heavy, in order to power the institution country to be more balanced with a pattern of horizontal separation between state institutions

scholarly journals Problems of defining legal concepts in laws and other normative legal acts

Legal Ukraine ◽  
2020 ◽  
pp. 30-41
Author(s):  
Volodymyr Klochkov
Keyword(s):  
The State ◽  
Legal Concept ◽  
Legal Norms ◽  
Legal Nature ◽  
State And Society ◽  
Word Representation ◽  
The Law ◽  
Definition Of ◽  
Legal Concepts ◽  
Laws And Regulations

Each legal concept has not only content (content), but also a form. The form requires compliance with the rules for the definition and construction of concepts. Improving legal terminology is impossible without deep development and observance of the rules of analysis and the precise construction of the conceptual apparatus. Gaps in legislation and regulations are derived from inaccuracy, lack of clarity and simplicity of conceptual constructions. The inconsistency of certain legal norms found in various laws and regulatory legal acts, the inconsistency of norms with the prevailing realities of legal life in the state and society impede the fulfillment by state authorities, including law enforcement, of their functional responsibilities. Mistakes made in the preparation of draft laws and regulations, methodological recommendations mainly boil down to the violation of the requirements of the unified laws of logic: the law of identity, the law of contradiction, the law of the excluded third and the law of sufficient reason. The use of inappropriate terminology causes complications in the application of legal norms. The Constitution of Ukraine assigns to the prosecutor the function of representing the interests of a citizen or state in court in cases specified by law. The term representation is not exactly chosen. The word "representation" means: the performance of the duties of a representative; an institution representing the interests of someone; elections, as well as the law, the procedure for the election of representatives to any bodies; representation is a legal relationship in which one party (representative) is obligated or entitled to make a transaction on behalf of the other party that it represents; representation means activity on behalf of someone, on behalf of a person. By its legal nature, a representative can only be authorized for transactions that the person he represents is entitled to carry out. The representation of the prosecutor's office in court is specific, since this body does not need instructions, contracts or other documents. The prosecutor or his deputy should act not on behalf of someone, but on behalf of the state in favor of the person and citizen, state or society, within the limits established by law. In the legislation there is a conflict (conflict) in the law regarding the term «representation». To eliminate such a conflict, it is necessary to amend the Law of Ukraine «On the Prosecutor's Office». Key words: definition of concepts, laws and regulations, accuracy, clarity, brevity of terms.

scholarly journals The role of administration in the procedure of expropriation

1997 ◽  
Vol 69 (9) ◽  
pp. 122-142
Author(s):  
Zoran Lončar
Keyword(s):  
Crucial Role ◽  
The State ◽  
Law Schools ◽  
State Administration ◽  
The Law

The paper presents the fundamental factors of expropriation (term, concept, history, law reasons, object, subjects) and the role of administration in the procedure of expropriation. From the aspect of whole procedure the author concludes that the state administration has a crucial role. Because of that in the law schools, expropriation in the largest volume would enter the scope of administration law.

scholarly journals Transformasi Kewenangan DPD Dalam Ius Constitutum Ke Arah Ius Constituendum Demi Kesetaraan Dalam Bikameral

2020 ◽  
Vol 5 (1) ◽  
pp. 77-92
Author(s):  
Hariyanto Sofyan Benyal
Keyword(s):  
Qualitative Analysis ◽  
The State ◽  
Government Agencies ◽  
Checks And Balances ◽  
The Third ◽  
State Administration ◽  
The Reformation ◽  
Descriptive Qualitative

After the reformation a change has occurs, a significant one, especially in the state administration as seen in the amendment, the 1945 constitution amendment, strengthening on the legislature in order to lift the power of checks and balances among the institutions, government agencies. On the third amendments in 2001 new institution, an institution of legislation appears in the Regional Representative Board (DPD to be the regional representation and later become a second chamber (bicameral) parliament which believed has made the legislation tasks such as, budgeting, and monitoring implemented optimally. But in reality, the duties and powers of the second chamber is still very limited compared to the first chamber which is the DPR, hence the transformation effort to ius consitutendum, the desirous law, appeared in strengthening the DPD constitutionally through MPR with Pancasila as the foundation. The method used is a normative juridical, by referring to the laws and principles exist. The analysis used in this research is descriptive qualitative analysis. The results shows that there is an inequality authorization in the, DPR and DPD, parliament. It gives a signal that the system we have adopted is a soft bicameral. By constant check and balance with Pancasila as the foundation DPD should be strengthen.

«RIOT» OR «CHAOS»?: NATURE OF DISTURBANCE BETWEEN UDINSK AND SELENGINSK WARRIORS IN 1696

2021 ◽  
Vol 7 (73) (1) ◽  
pp. 19-36
Author(s):  
E. A. Bagrin
Keyword(s):  
Conflict Resolution ◽  
Legal Framework ◽  
The State ◽  
State Administration ◽  
The Law ◽  
Moderate Position

The article examines the disturbances of warriors from Selenginsk, Udinsk, Ilyinsky and Kabansky fortresses, which occurred in 1696. The author of the study believes that the events were not a direct struggle against state administration. Most of the actions of Transbaikalye residents, directed against the voivode A. Savelov, were not the riot and in most cases did not go beyond the legal framework. On the basis of those events were the erroneous policy of the state aimed at the garrisons formation in Western Transbaikalye, not at anti-feudal process as it was previously thought. The article focuses on the fact that the stage of involvement of Selenginsk and Udinsk military corporations in «troubles» was unequal. While Selenginsk warriors and part of the «old» Udinsk warriors had taken a moderate position in anticipation of conflict resolution with Irkutsk voivode with the help of the state some of Udinsk warriors, mainly the newly-recruited, were inclined to arbitrariness and violation of the law.

scholarly journals Introduction

1989 ◽  
Vol 23 (2-3) ◽  
pp. 141-145 ◽  
Author(s):  
Miriam Gur-Arye
Keyword(s):  
Prima Facie ◽  
The State ◽  
Terrorist Activity ◽  
Moral Principles ◽  
Security Service ◽  
Democratic State ◽  
The Law

This issue of the Israel Law Review is devoted to a written academic symposium on the Report of the Commission of Inquiry into the Methods of Investigation of the General Security Service (GSS) Regarding Hostile Terrorist Activity (the “Landau Report”). The Commission was established in May, 1987 to investigate GSS interrogation practices and to reach legal conclusions concerning them. The need to establish the Commission followed revelations of activity within the GSS which was prima facie unlawful.The Report discusses a dilemma fundamental to any democratic state forced to cope with hostile terrorist activity (HTA): the dilemma “between the vital need to preserve the very existence of the State and its citizens, and [the need] to maintain its character as a law-abiding State which believes in basic moral principles” (R., 77). The only solution to that dilemma, according to the Report, requires that the “law itself … ensure a proper framework for the activity of the GSS regarding Hostile Terrorist Activity” (R., 79).

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