The Defending of State as a Nation-State Awareness : A Non Military Perspective

Author(s):  
Ariesani Hermawanto ◽  
Sri Muryantini

The defending of state is basically a value that exists in every state society and nations around the world; who want to maintain their existence, integrity and sovereignty, as well as their national integration. The issues raised are about what problems are faced by the nation-state in the context of maintaining its existence, the form of defending the state in general from the perspective of sovereignty and national integration. The method that is used here by observing various literatures related to the subject matter raised, whether in the form of books, papers or writings that are helpful so that they can be used as guidelines in the research process. This research focuses on theoretical studies and analysis as well as implementation of defending of  state from a non-military point of view, which is based on a sense of belonging based on the awareness of maintaining the existence of the state and the nation (nation-states awareness). The result of this research show that defending the state is based on strong nation-state awareness, so the people in a state can produce a high esteem for their country and are willing to defend it from various threats.

Author(s):  
E. G. Ponomareva

The processes of globalization have determined significant changes in the prerogatives of nation states. In the twenty-first century the state no longer acts as a sole subject having a monopoly of integrating the interests of large social communities and representing them on the world stage. An ever increasing role in the global political process is played by transnational and supranational participants. However, despite the uncertainty and ambiguity of the ways of the development of the modern world, it can be argued that in the foreseeable future it is the states that will maintain the role of the main actors in world politics and bear the responsibility for global security and development. All this naturally makes urgent the issues related to the search for optimal models of nation state development. The article analyzes approaches to understanding patterns, problems and prospects of the development of this institution existing in modern political science. These include the concept of "dimensionality" based on the parameters of scale (the size of the territory) of the states and their functions in the international systems, as well as the "political order". In the latter case the paper analyzes four models: the nation-state, statenation, consociation, quasi-state. The author's position consists in the substantiation of the close dependence of the success of a model of the state on its inner nature, i.e. statehood. On the basis of the elaborated approach the author understands statehood as "the result of historical, economic, political and foreign policy activity of a particular society in order to create a relatively rigid political framework that provides spatial, institutional and functional unity, that is, the condition of the society’s own state, national political system." Thus statehood acts as a qualitative feature of the state.


2020 ◽  
Vol 10 (6) ◽  
pp. 154-158
Author(s):  
VLADIMIR KSENOFONTOV ◽  

The article reveals the social and philosophical views of M.A. Bakunin on the genesis, essence and evolution of the state. At the same time, attention is focused on his interpretation of state power, which is a lack of justice and freedom for the people. The philosopher, in substantiating his point of view, gives a detailed analysis of the philosophical conceptual provisions on the state. M.A. Bakunin, being an anarcho-revolutionary in his philosophical views, substantiates the limited point of view on the issue of the state and its social role, the positions of the representatives of German social democracy and the views of supporters of Marxist philosophy. The article reveals the socio-philosophical positions of the Russian thinker on the issue of essential components that substantiate the need for the evolution of the state and its departure from the historical arena. At the same time, the main regulations that characterize the prospects for the development of the state and its withering away are revealed. Only a social revolution, according to M.A. Bakunin, can lead to the destruction of the state as an organ of violence, and bring the people freedom, equality and the use of social wealth. Purpose of the research: to reveal the social and philosophical positions of M.A. Bakunin on the genesis of the state, its essence and evolution. Conclusions: The state, according to the views of M.A. Bakunin, is in any form of violence against the people, and therefore it must be destroyed through a social revolution. The future structure of society, as an ideal, should be based on justice and freedom of the people, their self-organization.


Author(s):  
Santana Khanikar

If the state in democracies like India engages in violence, then is this state still accepted by the people? The conception of legitimacy in this study is about observable behaviour, about if and why people accept power holders as authority, and not about whether it is the ideal way to engage with violent power holders within the discourses of normative political theory. And what we see in both the field-sites of this study, is acceptance, though it may be slow and appear flickering or contextual at time. The specific vision that the nation-state is, marked by geographical boundaries and internal sovereignty often needs to use violence to legitimize its existence. Such use of violence does not appear to be leading to a dis-illusionment with the form or the institutions of the state.


3.2 The subject matter of treaties The potential subject matter of treaties is unlimited; they can be about anything over which the government has authority. Treaties tend to contain two types of propositions: • specific obligations that States agree to follow and enforce; • statements about ideals and expression of joint hopes, standing as statements of good intention. An example would be the expressed desire of States to co-operate in co-ordinating developments in a specific area (for example, the treaties setting up the EU to cooperate in a range of areas). 5.3.3 The process of formalising agreement to be bound by a treaty Once the matters to be included in the treaty are settled, it is drafted, approved by prospective States and then opened for signature by an authorised person from each State (the signatory). Sometimes it is not possible for everyone to be available to sign it at the same time in each other’s presence. It is formally signed by the Head of Government or other authorised person (the signatory) or persons (signatories) in each State. The signature is in an expression of interest by the relevant State and an additional process has to take place. The whole government, or legislature, or people, of each signatory State in the usual manner for that State has to agree to the treaty, allowing ratification of the treaty to take place. This marks the formal agreement by the State to be bound by the treaty as signed. An example of this two stage process is Norway’s application to join the EC in 1973. The government of Norway signed an accession treaty joining the EC. However, the people of Norway were not prepared to support joining and the government lost a referendum (a ballot put to the people). The government, therefore, could not ratify the treaty and Norway did not join the EC. 5.3.4 The methods to minimise dissent in the negotiation process When a treaty is being negotiated by a group of nation States it may well be the case that whilst one State may be in favour of most of the treaty there are matters under discussion which they do not like, and cannot at that time agree to. Rather than risk the whole treaty failing to be negotiated, which could be an international political disaster, methods have been devised to get round these potential serious problems. If the nation State agrees with the core of the treaty but does not wish to be bound by certain aspects of the treaty they can make this clear by entering what is called a ‘derogation’. They agree the treaty with the disliked item ‘taken away’: the State opts out of that aspect. A written record of the derogation is drawn up, signed by the State concerned, and attached to the treaty. If the State is potentially sympathetic to an aspect of the treaty but for political reasons (perhaps lack of support in the nation as a whole for that particular item)

2012 ◽  
pp. 130-130

2018 ◽  
Vol 7 (2) ◽  
pp. 85
Author(s):  
Edson Roberto Fidelis ◽  
Gislaine Carpena

<p class="resumo"><strong>Resumo: </strong>O objetivo do presente artigo é a análise do artigo 17, inc. V da Lei Complementar nº 123 de 14 de dezembro de 2006, que determina a exclusão das microempresas e empresas de pequeno porte do regime do SIMPLES NACIONAL no caso de débitos tributários. Para a pesquisa, sob o ponto de vista metodológico, optou-se pelo processo de pesquisa bibliográfica, tendo como referência súmulas e orientações jurisprudenciais do Supremo Tribunal Federal, além dos princípios que norteiam a Constituição da República Federativa do Brasil de1988. A partir desse estudo se pôde verificar que a sanção para a empresa optante do regime do Simples que estiver inadimplente junto ao Fisco é demasiado pesada, dada a hipossuficiência da empresa diante da voracidade dos tributos cobrados pelo Estado nesses casos. Por fim, pretendeu-se trazer à tona, o modo agressivo com que o Estado, com o aval do Poder Judiciário abusa do Poder de fiscalizar e cobrar os impostos em face da empresa inadimplente, violando princípios constitucionais. Concluiu-se que é necessário implementar por meio do Judiciário, a possibilidade de defesa por parte do contribuinte ao invés da imediata exclusão da pequena empresa, do regime favorecido que a Constituição Federal lhe oferece.</p><p class="resumo"><strong>Palavras-chave:</strong> Lei Complementar nº 123/2006. Simples Nacional. Tributação. Micro e pequena empresa.</p><h3>THE PRINCIPLE OF THE PRESERVATION OF THE COMPANY IN RESPECT OF THE REQUIREMENT OF TAX REGULARITY</h3><div><p class="abstractCxSpFirst"><strong>Abstract: </strong>The purpose of this article is the analysis of article 17, inc. V of Complementary Law 123 of December 14, 2006, which determines the exclusion of micro enterprises and small businesses from the SIMPLES NACIONAL regime in the case of tax debts. For the research, from the methodological point of view, the bibliographical research process was chosen, having as reference references and jurisprudential orientations of the Federal Supreme Court, besides the principles that guide the Constitution of the Federative Republic of Brazil of 1988. From this It can be verified that the sanction for the company opting for the Simple regime that is in default with the Treasury is too heavy, given the company's hypersufficiency in the face of the voracity of the taxes charged by the State in these cases. Finally, it was intended to bring to light the aggressive way in which the State, with the endorsement of the Judiciary, abuses the power to inspect and collect taxes in the face of the defaulting company, violating constitutional principles. It was concluded that it is necessary to implement through the Judiciary the possibility of defense by the taxpayer instead of the immediate exclusion of the small company, from the favored regime that the Federal Constitution offers.</p><p class="abstractCxSpLast"><strong>Keywords:</strong> Complementary Law nº 123/2006. Simple National. Taxation. Micro and small business.<strong></strong></p></div>


2021 ◽  
Vol 02 (09) ◽  
pp. 76-79
Author(s):  
Sayyora Yuldashovna Pulatova ◽  

In this paper, linguistic features of tea drinking in Uzbek and English languages from the consumption point of view are studied. Based on gastronomic discourse theory on comparative and cross-cultural methods as a special type of communication associated with the state of food resources and the processes of consumption by the way the people interact with tea. Moreover, compared with tea drinking traditions of Uzbek and English peoples’ communication, examples are comparatively given as well. The research work can provide theoretical and practical basis for the further research.


Solusi ◽  
2018 ◽  
Vol 16 (3) ◽  
pp. 344-352 ◽  
Author(s):  
Budi Aspani

ABSTRACT Indonesia is constitutionally constitutional state and requires the government through its apparatus in the field of State Administration to play a positive active role in all aspects of people's lives to achieve the prosperity of their people. Within this framework, it is not uncommon for a dispute to be caused by actions from the government in the form of irregularities, thus violating the human rights of its citizens. Strictly speaking, these deviations constitute government actions that are detrimental to those affected by the decision, in this case the people. The foregoing raises problems namely; whether any decision of the State Administration or Agency that causes harm to a person or legal entity can be submitted and sued as a dispute to the State Administrative Court and administrative efforts in which the decision can be sued again through the State Administrative Court. In this study the authors use the method of normative law research (normative law research) and by using primary, secondary and tertiary legal materials. Normative legal research examines laws that are conceptualized as the norms or principles that apply in society, and become a reference for each person's behavior. Management and analysis of data is done in a qualitative way that is analyzing library data to produce descriptive data. After conducting discussions on the existing problems, it can be concluded, Each decision of the State Administration Agency or officials that causes harm to civil legal persons or entities can be submitted and sued as a dispute to the State Administrative Court. Its relative competency is related to the place of residence or jurisdiction of the court itself, as well as the parties to the dispute. Whereas the absolute competence can be seen from the point of view of the basis of disputes, which is due to the issuance of written provisions by the State Administrative Court or Agency. Administrative efforts in resolving state administrative disputes are known as administrative channels or efforts, whether in the form of administrative appeals or objections. In accordance with the basis of our country's philosophy of Pancasila, then the state administrative disputes should be resolved as far as possible through administrative efforts, which are more deliberative in reaching consensus. But if all available administrative efforts have been used, it turns out that the disputing parties remain unsatisfied, then the matter is raised and sued through the State Administrative Court.


2017 ◽  
Vol 3 (1) ◽  
pp. 15
Author(s):  
Dadang Suprijatna

Human rights as a barometer of the law in its formation is to see from the social phenomena that grow and develop in society that gave birth to social contract. Society is understood as the unity of separate individuals who build a personal bond before the emergence of society itself. The state's form of responsibility to its people is to create opportunities for people to gain their rights, as a form of contribution to the people as legitimate owners. The State can no longer ignore any form of any popular will, it is a Right that must be protected and gained great influence from other societies, including the international community globally, which can ultimately affect and / or become a barometer of globalization. Globalization is portrayed as increasing interconnection and social interdependence, politics, economy, law and culture of society behavior, but globalization has also resulted in diminishing the virtue of nation state even an important phenomenon that can not be avoided by anyone, any nation and any country, including Society, nation and state of Indonesia. For that it is fitting for the people and the Indonesian nation to be wary of the growth and development of Globalization that can damage the Mission of Pancasila as the Reject Measure the life of nation and state.


2020 ◽  
Vol 18 (1) ◽  
pp. 154-166
Author(s):  
Herlambang Andi Prasetyo Aji

The polemic between religion and the nation-state is very recurrent and has the potential to strengthen when there are some critical changes in the political landscape. This case is reinforced by the results of a survey with the theme of scholars and nation-states, which reached 71.56 percent of scholars who received and 16.44 percent of scholars who rejected nation-states with different backgrounds. The purpose of this study is to explain the narrative of Islamism and its patterns of rejection in Pondok Modern Darussalam Gontor. The research method used is ethnographic in the sense of understanding the practice and life of individuals as part of a wider community and scope, with research subjects being religious scholars who are people with a formal religious education background in Pondok Modern Darussalam Gontor. The results showed that in facing the narrative of Islamism, the people of Pondok Modern Darusalam Gontor used a puritanical (puritanical moderate Islam) discourse of Islam with the perspective of political Islamization. Political Islamization does not mean that it wants to break down the ideology of the Unitary Republic of Indonesia, but rather still accepts the concept of the NKRI nation-state, including the ideology of Pancasila, only to clarify the basis and objectives following Islam by being semi-rejectionist towards a controversial interpretation of government.   Polemik yang terjadi antara agama dan negara-bangsa sangat recurrent dan berpotensi menguat ketika terjadi beberapa perubahan penting dalam lanskap politik. Hal ini diperkuat dengan hasil survei dengan tema ulama dan negara bangsa yang mencapai angka 71,56 persen ulama yang menerima dan 16,44 persen ulama yang menolak negara-bangsa dengan latar belakang berbeda. Tujuan penelitian ini adalah untuk menjelaskan narasi Islamisme dan pola penolakannya di Pondok Modern Darussalam Gontor. Metode penelitian yang digunakan adalah etnografis dalam pengertian untuk memahami praktik serta kehidupan individu sebagai bagian dari komunitas serta cangkupan yang lebih luas, dengan subjek penelitian adalah religious scholar yang merupakan orang-orang yang berlatar belakang pendidikan agama secara formal di Pondok Modern Darussalam Gontor. Hasil penelitian menunjukan bahwa dalam menghadapi narasi Islamisme masyarakat Pondok Modern Darusalam Gontor menggunakan wacana Islam moderat puritan (puritanical moderat Islam) aksepsionis dengan kacamata Islamisasi politik. Islamisasi politik bukan berarti ingin merobohkan ideologi NKRI, tetapi tetap menerima konsep negara-bangsa NKRI, termasuk ideologi Pancasila, hanya saja lebih memperjelas dasar dan tujuan-tujuan yang sesuai dengan Islam dengan bersikap semi-rejeksionis terhadap interpretasi pemerintah yang kontroversial.


2013 ◽  
Vol 1 (1) ◽  
pp. 45-62 ◽  
Author(s):  
William Case

AbstractDiscontent simmers within social science over states and nation-states as units of analysis. Disputes over what even constitutes a state, whether simply an organizational apparatus, albeit with unique legitimacy, or a broader complex of social relations, have never been resolved. But it is not just its murky delineation with which the state is afflicted. It has lately come under attack from above and below, with causality seen to be draining away to transnational and sub-national forces. This paper begins by rehearsing the economic and social vectors along which assaults on the state and the nation-state are conveyed. It then turns to Southeast Asia, a part of the developing world in which the state would seem especially vulnerable, its powers having been usurped by transnational firms and corroded internally by connected rent-seekers and provincial “men of prowess.” However, this paper tries also to show that in Southeast Asia, national states and territorial borders have remained quite intact. Neither globalized markets, regional formations, local identity construction, administrative decentralization or migration have shaken the standing of the state and the nation-state as appropriate units of analysis. This is especially the case when addressing major questions about regime types and change in the region.


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