HAK ASASI MANUSIA DAN DEMOKRASI DI INDONESIA

2021 ◽  
Author(s):  
Shalma Adeesya Al Rahma
Keyword(s):  
Rule Of Law ◽  
Founding Fathers

Dalam negara yang menganut aturan hukum (Rule of Law), diperlukan instrumen operasional yaitu adanya Sistem Pemerintahan Demokratis dengan segala instrumen operasionalnya serta pengakuan dan praksis mengenai hak asasi manusia. Bagi bangsa Indonesia yang sejak proses menjadi founding fathers telah sepakat untuk memilih sistem negara republik presidensial karena dianggap sesuai dengan kondisi nyata bangsa. Dokumen keinginan dan aspirasi tersebut kemudian dirumuskan secara cermat dan dibuat menjadi dokumen resmi negara yang sekarang kita kenal dengan Pancasila. Pancasila merupakan perwujudan cita-cita dan cita-cita luhur para pendiri yang visioner, serta menjadi dasar negara sebagaimana tertuang dalam Pembukaan UUD 1945. menemukan korelasi antara prinsip negara hukum, penerapan demokrasi, dan penghormatan terhadap hak asasi manusia dalam nilai-nilai Pancasila. Hal ini penting untuk memberikan jawaban atas kuatnya gugatan bagi sebagian pihak yang meragukan Pancasila sebagai arah bangsa Indonesia.Kata Kunci : HAM, Demokrasi Dan Pancasila

Moral Character, Policy Effectiveness, and the Presidency: The Case of JFK

1998 ◽  
Vol 10 (4) ◽  
pp. 445-460
Author(s):  
W. J. Rorabaugh
Keyword(s):  
Rule Of Law ◽  
Political Process ◽  
The Political ◽  
Political Leaders ◽  
Checks And Balances ◽  
Abuse Of Power ◽  
The Rule Of Law ◽  
Founding Fathers ◽  
White Males ◽  
The People

The founding fathers laid down a number of principles for successful governance in the new republic. Among these, in the formal sense, were written constitutions, the division of power among three branches of government, checks and balances to prevent abuse of power, the rule of law, and equality before the law. Most of these ideas were English in origin and had been practiced, in varying degrees, in the colonies. The failure of the colonial polity, the founders believed, had occurred because at times British power in North America had been exercised in opposition to notions of sound governance. In addition, the founders heeded public opinion and accepted, somewhat reluctantly, broad participation by white males in the political process. Having experienced British tyranny, they embraced free speech and a free press. While these various principles, the founders agreed, were ingredients that could produce a republic, such a republic would be viable only if the people and their political leaders possessed virtue.

scholarly journals Harmonization of Regulation Based on Pancasila Values Through the Constitutional Court of Indonesia

2018 ◽  
Vol 4 (2) ◽  
pp. 301
Author(s):  
Tedi Sudrajat
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
The State ◽  
Constitutional Court ◽  
Founding Fathers ◽  
Legal Development ◽  
The People ◽  
Constitutional State ◽  
Paradigm Development ◽  
Community Conflicts

The legal system which is adopted and applied in Indonesia was based on the formation from the founding fathers which is adjusted to the condition and the spirit of Indonesia as a nation known for its legal system as Pancasila. Ideally, Pancasila serves as the philosophy for the nation of Indonesia, as state's ideology and as the basis of the state. However, in reality, vertical conflicts (government and society) and horizontal conflict (inter-society) have created a variety of concerns, in which the sense of nationalism and diversity has diminished. The trigger is because Pancasila can only be understood as the ideology and the basis of the state, without saturating the meaning contained therein. The paradigm development of Pancasila based on legal state should demand the development of a democratic constitutional state, which juxtaposes the principles of a rule-of-law (nomocracy) with harmonious and complementary principles of the sovereignty of the people (democracy). This role can be solved by the Constitutional Court to harmonize the ideology of Pancasila in the Indonesia legal substance. When the legal development is integrated into meaning, the legal development which characterized by Pancasila can be realized to resolve the variety of community conflicts.

Changing the rule of law

IEE Review ◽  
1989 ◽  
Vol 35 (6) ◽  
pp. 218
Author(s):  
Clifford Gray
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law

Changing the rule of law

IEE Review ◽  
1989 ◽  
Vol 35 (1) ◽  
pp. 24
Author(s):  
H. Aspden
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law

Engineers or Lawyers? Institutions and Demand for Higher Education

2012 ◽  
pp. 30-51 ◽  
Author(s):  
T. Natkhov ◽  
L. Polishchuk
Keyword(s):  
Higher Education ◽  
Public Administration ◽  
Rule Of Law ◽  
Transmission Channel ◽  
Demand For Education ◽  
Fields Of Study ◽  
Quality Of Institutions ◽  
Cross Country ◽  
Rules Of The Game

Law and public administration schools in Russia vastly exceed in their popularity sciences and engineering. We relate such lopsided demand for higher education to the quality of institutions setting “rules of the game” in economy and society. Cross-country and Russian interregional data indicate the quality of institutions (rule of law, protection of property rights etc.) is negatively associated with the demand for education in law, and positively — in sciences and engineering. More gifted younger people are particularly sensitive to the quality of institutions in choosing their fields of study, and such selection is an important transmission channel between institutions and economic growth.

Ethics in the Judiciary System of Bangladesh

1970 ◽  
Vol 1 (2) ◽  
pp. 34-36
Author(s):  
Mehedi Imam
Keyword(s):  
Rule Of Law ◽  
Judicial Independence ◽  
Moral Values ◽  
The Other ◽  
Considerable Time ◽  
Ethical Knowledge ◽  
Judicial Practice ◽  
Independent Judiciary ◽  
Role Players ◽  
High Level

In Bangladesh, demand for judicial independence in practice has been a much debated issue and the demand is fulfilled but expectation of people is not only limited to have an independent judiciary but to have an impartial system and cadre of people, which will administer justice rationally being free from fear or force. The independence of judiciary and the impartial judicial practice are related concepts, one cannot sustain without the other and here existence as well as the need of practicing impartiality is well recognized. But the art of practicing impartiality does not develop overnight as it’s related to development of one’s attitude. It takes a considerable time resulting from understanding, appreciating and acknowledging the moral values, ethics and professional responsibility. The judiciary includes Judges, Advocates mostly who are expected to demonstrate a high level of moral values and impartiality towards people seeking justice and ‘rule of law’. This is true that bench officers and clerks are also part of the process to ensure rule of law with same level of participation by the law enforcing agencies such as police. However the paper includes only those who either join judiciary as Judge/Magistrate or Advocate to explore level and extent of ethical knowledge they receive being key role players of the system. DOI: http://dx.doi.org/10.3329/bioethics.v1i2.9628 Bangladesh Journal of Bioethics 2010; 1(2): 34-36

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