scholarly journals Makna Penting Demokrasi dan Musyawarah Bagi Keutuhan Bangsa Indonesia

2021 ◽  
Author(s):  
NAVI GITA MAULIDA
Keyword(s):  
The State ◽  
National State ◽  
Unitary State ◽  
Democratic State ◽  
The World ◽  
State Construction ◽  
The Will ◽  
The Republic ◽  
Historical Trajectory ◽  
As If

The Unitary State of the Republic of Indonesia (NKRI) based on the historical trajectory of the struggle, has the only state construction in the world where the nation is born first, then forms the state. The first President of the Republic of Indonesia Ir. Soekarno emphasized that the Unitary State is a National State. The purpose of the Indonesian nation to be born, independent, and to form a state has one goal, the will to elevate the dignity and life of the Indonesian people (Indonesian People's Sovereignty). Through an analysis of the reality of today's life, the Indonesian nation has lived in a condition of life order as if it were the same as a democratic state, namely that the first state was formed and the nation was born later. So that the sovereignty of the Indonesian people based on the principles of deliberation and representation has not been able to be realized.

scholarly journals PENGISIAN JABATAN GUBERNUR DAN WAKIL GUBERNUR DAERAH ISTIMEWA YOGYAKARTA BERDASAR UNDANG-UNDANG NOMOR 13 TAHUN 2012 TENTANG KEISTIMEWAAN DAERAH ISTIMEWA YOGYAKARTA

2018 ◽  
Vol 8 (1) ◽  
pp. 56
Author(s):  
BINOV HANDITYA
Keyword(s):  
The State ◽  
Customary Law ◽  
Regional Government ◽  
Unitary State ◽  
The People ◽  
Special Area ◽  
The Will ◽  
The Republic ◽  
Special Region

<p>Negara Kesatuan Republik Indonesia mengakui dan menghormati satuan-satuan pemerintahan daerah yang bersifat khusus atau bersifat istimewa yang diatur dengan undang-undang. Negara juga menghormati kesatuan-kesatuan masyarakat hukum adat serta hak-hak tradisonalnya sepanjang masih hidup dan sesuai dengan perkembangan masyarakat dan prinsip Negara Kesatuan Republik Indonesia, yang diatur dalam undang-undang. Dengan adanya hal tersebut di atas maka pelaksanaan pemilihan kepala daerah di daerah tersebut terpengaruh oleh kesatuan-kesatuan masyarakat hukum adat serta hak-hak tradisonalnya sepanjang masih hidup dan sesuai dengan perkembangan masyarakat. Dengan adanya Undang-undang Keistimewaan Daerah Istimewa Yogyakarta menggambarkan keadaan Daerah Istimewa Yogyakarta yang merupakan daerah khusus atau istimewa dan negara menghormati daerah yang mempunyai sifat khusus atau istimewa. Pengisian jabatan gubernur dan Wakil Gubernur Daerah Istimewa Yogyakarta sudah sesuai dengan asas demokrasi, karena hakikat demokrasi itu sendiri adalah kehendak rakyat itu sendiri.</p><p><em>The Unitary State of the Republic of Indonesia recognizes and respects special or special regional government units compiled by law. The State also respects the unity of indigenous and tribal peoples and the rights of traditionality together alive and in accordance with the development of society and the principle of the Unitary State of the Republic of Indonesia, as governed by law. Given the above matters, the work undertaken by customary law bodies and the rights of common traditions is still evolving and developing with the community. With the provisions of the Special Privileges Act of Yogyakarta Special Region, Special Region of Yogyakarta which is a special area and special areas that have special or special properties. Filling the post of governor and Deputy Governor of Yogyakarta Special Region has been in accordance with the principle of democracy, because the essence of democracy itself is the will of the people themselves.</em></p>

State of emergency in Poland: constitutional regulation and “hybrid” nature during the COVID-19 pandemic

2021 ◽  
Vol 30 (4) ◽  
pp. 41-67
Author(s):  
Valentina Chekharina
Keyword(s):  
The State ◽  
Legal Regime ◽  
State Of Emergency ◽  
Hybrid State ◽  
Political Interests ◽  
The World ◽  
Constitutional Tribunal ◽  
Law And Justice ◽  
The Republic ◽  
Emergency Measures

The COVID-19 pandemic became widespread across the world throughout 2020 and 2021 in an emergency that gravely impacted the health and lives of people around the world. States have taken exceptional measures to combat the pandemic, including controversial decisions to introduce emergency regimes, which have been questioned in regards to their compliance with constitutional regulations. The fight against the COVID-19 pandemic requires special measures, however they must remain within the constitutional framework. Consequently, the pandemic and its effect upon the legality of regimes in a state of emergency has captured the attention of legal scholars. The aim of this study is to analyse the constitutional regulation of the state of emergency in the Republic of Poland which was introduced in the country during the COVID-19 pandemic. In Poland, an emergency regime was introduced following an order by the Minister of Health. However the state of emergency (here, natural disaster) as stated by the Constitution was not introduced, although, according to analysts, some state bodies and officials had confirmed that all the necessary conditions for this were met. On 2 March 2020, the so-called Special Law on Coronavirus was adopted, followed by other regulations to fight the pandemic. These analysts stated that the measures introduced by the new acts corresponded to a legal regime containing the constitutional characteristics of a state of emergency, but lacked the appropriate constitutional procedure for their introduction. Presidential elections were held at this time, however legally they cannot be held during a state of emergency, as it indicates the presence of political interests in the choice of the regime. The unconstitutional procedure of the introduction of emergency measures alongside their characteristics of the state of emergency make it possible to consider the epidemic regime introduced in Poland a “hybrid” state of emergency, which is not detailed by the Constitution or legislation. On this basis, the study concludes that reasons behind the unconstitutional response to the COVID-19 pandemic in Poland can be found in both the Constitution, and in the manifestations of the crisis of the constitutional and legal system, which began with the reform of Poland’s Constitutional Tribunal by the ruling Law and Justice party in 2015.

O potrzebie wprowadzenia ustawy referendalnej do systemu prawnego w Polsce

2021 ◽  
Vol 1(162) ◽  
pp. 127-145
Author(s):  
Piotr Uziębło
Keyword(s):  
Constitutional Law ◽  
The State ◽  
Popular Vote ◽  
Advantages And Disadvantages ◽  
The Future ◽  
The Will ◽  
The Republic ◽  
Constitutional System

The problems raised in the doctrine of constitutional law related to the implementation of a decision taken in a referendum in matters of particular importance to the state, as well as the generally marginal use of the institution of popular vote in the constitutional prac-tice, give rise to reflection on the introduction of the institution of a referendum law into the Polish constitutional system. In this article the author considers the advantages and disadvantages of such a solution, analyzing at the same time contemporary normative regulations concerning such acts in other countries. The research leads to the conclusion that despite the risks involved, the refer-endum law should appear in the Polish constitutional system in the future, as it would not only give a chance for a more complete reflection of the will of the collective subject of sovereignty without the necessity of its decoding by the parliament, but it could also be an impulse for the development of the referendum practice in the Republic of Poland. However, it is important to introduce proce-dural barriers that will prevent depreciation of this institution.

scholarly journals Potik Hukum Pemerintahan Desa

2019 ◽  
Vol 1 (2) ◽  
pp. 208
Author(s):  
Dodi Jaya Wardana
Keyword(s):  
The State ◽  
Regional Government ◽  
Unitary State ◽  
Regulatory Law ◽  
The Republic ◽  
Village Government

The State recognizes and respects regional government units that are special or special in nature which are regulated by law. Second, the State recognizes indigenous and tribal peoples' units along with their traditional rights insofar as they are alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated in law. Politics of village government law, it cannot be separated from 3 (three) main bases, namely philosophical, sociological and juridical basis. The politics of regulatory law above are the basis for legal politics for regulations that are below, so that there should not be any universal inconsistencies. In addition, horizontally the legal politics of legislation must also be consistent

scholarly journals Cybersecurity Policy and Its Implementation in Indonesia

2016 ◽  
Vol 4 (1) ◽  
pp. 61 ◽  
Author(s):  
Muhamad Rizal ◽  
Yanyan Yani
Keyword(s):  
Cyber Security ◽  
Cyber Attacks ◽  
The State ◽  
Nation State ◽  
Counter Measures ◽  
Cyber Threats ◽  
Unitary State ◽  
The Republic ◽  
The Government ◽  
State Defense

The purpose of state defense is to protect and to save the integrity of the Unitary State of the Republic of Indonesia, the sovereignty of the state, as well as its security from all kinds of threats, whether they are military or non-military ones. One of the non-military threats that potentially threatens the sovereignty and security of the nation-state is the misuse of technology and information in cyberspace. The threat of irresponsible cyber attacks can be initiated by both state and non-state actors. The actors may be an individual, a group of people, a faction, an organization, or even a country. Therefore, the government needs to anticipate cyber threats by formulating cyber security strategies and determining comprehensive steps to defend against cyber attacks; its types and the scale of counter-measures, as well as devising the rules of law. 

scholarly journals Civil and ethnic identification of regional youth of the Republic of Kazakhstan

2019 ◽  
Vol 3 (2) ◽  
pp. 8-17
Author(s):  
Bakhytzhamal I. Bekturganova
Keyword(s):  
Nation Building ◽  
Practical Significance ◽  
National State ◽  
Political Consequences ◽  
Youth Groups ◽  
State Construction ◽  
The Republic ◽  
Education And Employment ◽  
Key Dimensions ◽  
Identification Processes

Kazakhstan is transitioning to a national state as a new subject of sovereignty. In the Kazakhstan’s case, the national-state construction has received an ethnolinguistic connotation and symbolizes the Kazakh nation’s revival. This complicates the formation of a new national identity on a civil basis and leads to the strengthening of ethnic identifications among younger people, especially in the Kazakh-speaking regions. This highlights the need to study the role and influence which the modal tendencies of nation building have on identification of the regional youth. Meanwhile, the key dimensions of young people’s life include social disorder and insecurity, which, combined with the uncertain prospects of education and employment, worsen social sentiment and complicate their self-identification in this environment. This, in fact, determines the relevance of this study, as well as its scientific and practical significance. The purpose of this article involves a comparative analysis of the role and influence of modal tendencies of nation building in Kazakhstan on the formation of certain types of social identity, namely, civil and ethnic&nbsp;— youth living in various regions of the Republic of Kazakhstan. The empirical basis of the article includes the results of a survey of young people aged 15-29 years conducted in all the regions of Kazakhstan from 23 April to 6 May 2016. These results show the role and influence of modal trends in nation building on identification processes in regional youth groups and the ethnic conflict potential. The author highlights the specifics of the existing risks associated with the growth of ethnic identity of the young residents of Kazakhstan in the context of potential social and political consequences for the republic.

scholarly journals DEVELOPMENT OF ENVIRONMENTAL MARKETING IN THE CONTEXT SUSTAINABLE DEVELOPMENT OF THE REPUBLIC OF BELARUS

2021 ◽  
pp. 103-111
Author(s):  
S. Bunko
Keyword(s):  
Sustainable Development ◽  
Sustainable Development Goals ◽  
State Level ◽  
The State ◽  
World Community ◽  
Environmental Marketing ◽  
Responsible Consumption ◽  
The World ◽  
Development Goals ◽  
The Republic

The article is devoted to the analysis of the inclusion of the Republic of Belarus in the processes of achieving the goals of sustainable development adopted by the world community. Environmental marketing is seen as a tool to achieve sustainable development goals in the area of responsible consumption. The essence of environmental marketing at the level of organizations and at the state level is determined. Directions for the development of environmental marketing in the Republic of Belarus have been identified in order to reduce the volume of non-decomposable waste and waste that cannot be recycled, including due to improper collection.

The concept and socio-economic essence of the constitution as the fundamental law of the state

2020 ◽  
Vol 59 (10) ◽  
pp. 101-104
Author(s):  
Parvana Bayram Babaeva ◽  
Keyword(s):  
Political Institutions ◽  
State Power ◽  
The State ◽  
Fundamental Rights ◽  
The People ◽  
Legal Document ◽  
The Will ◽  
Fundamental Law ◽  
The Republic ◽  
Fundamental Rights And Freedoms

The Constitution is the fundamental law not only of the state, but also of society, expressing the will of statehood and the sovereignty of the people. The Constitution establishes the fundamental rights and freedoms of man and citizen, socio-political institutions of power and a system of self-government of the people and acts as a legal basis for the formation and development of civil society. The constitution can be viewed as a micromodel, a legal symbol of society. It is within its borders and on its basis that the mechanism of state power operates, the rights and freedoms of citizens are protected, the directions of social development are determined. The Constitution of the Republic of Azerbaijan is a fundamental legal document establishing sovereignty, independence and supremacy of state power. The Constitution of the Republic of Azerbaijan covers not only the structure of the state, but also non-state spheres - the foundations of the socio-economic structure, the cultural life of society, the rights, freedoms and duties of a person and a citizen. Key words: constitution, right, state, law, society, fundamental law, regulation, human rights and freedoms

2. Democratic and Undemocratic States

2009 ◽  
Author(s):  
Richard Rose
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Trial And Error ◽  
The Rule Of Law ◽  
Democratic State ◽  
Gradual Evolution ◽  
The Will ◽  
The Government

This chapter discusses the distinction between democratic and undemocratic states, noting that it is not only about whether there are elections: it is about whether or not it there is the rule of law. When both conditions are met, elections are free and fair and the government is accountable to the electorate. When laws can be bent or broken, unfair elections represent the will of governors more than that of the governed. The chapter first defines democratic states and outlines the characteristics of a democratic state before assessing the state of states today. It then considers three kinds of undemocratic states, namely: constitutional oligarchy, plebiscitarian autocracy, and unaccountable autocracy. It also examines how democratization has more often come about by trial and error rather than through gradual evolution and concludes by analysing the dynamics of democratic and undemocratic states.

II. Dutch Views and Uses of British Policy in India around 1800

Itinerario ◽  
1988 ◽  
Vol 12 (1) ◽  
pp. 17-32
Author(s):  
Robert van Niel
Keyword(s):  
De Novo ◽  
The State ◽  
Final Report ◽  
Total Change ◽  
Group Of Seven ◽  
East Indies ◽  
The World ◽  
The Hague ◽  
The Republic ◽  
The Government

On August 31, 1803, a group of seven men, comprising the Commission for East Indies Affairs (Commissie tot de Oost-Indische Zaken), submitted the final report of its deliberations to the Government of the State of the Batavian Republic (Staatsbewind der Bataafsche Republiek) in The Hague. This Commission had been called into existence in November 1802 to make recommendations on how best to administer and conduct trade with the nation's possessions in the East Indies in a fashion that would render the greatest advantage to the nation's finances and profit to its commerce. Only a couple of years earlier Holland's monopolistic United East Indies Company (VOC) had been terminated by the Republic, and its assets and liabilities assumed by the State. The liabilities were immediately identifiable, for they consisted of debts which had to be paid in hard cash. The assets, on the other hand, consisted of territories – most of which had fallen under English control – and factories that somehow had to be made profitable, but seemed, given the then-existing conditions in the world, to be almost out of reach. The Commission was supposed to make recommendations as to how the remaining, territories of the VOC should be managed and how the trade with the East Indies and Asia in general was to be made profitable. This was no small task, so it may appear somewhat wondrous that the Commission was able to complete its work in less than ten months. The dispatch with which the Commission's work was completed, however, is more understandable if it is realised that the financial collapse of the VOC had been openly recognised since 1786, and various proposals for either reform or total change of the Company's system had been presented and discussed. These alternative proposals were well known to the members of the Commission. Their work, therefore, involved striking a balance among these proposals rather than creating a system de novo.

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