scholarly journals Implementasi dan Implikasi Sosialisasi Empat Pilar Berbangsa Dan Bernegara Pasca Putusan Mahkamah Konstitusi

2017 ◽  
Vol 9 (1) ◽  
pp. 1
Author(s):  
Andra Bani Sagalane

<p align="justify">Four Pillars of Nation and State is Pancasila, the Constitution of the Republic of Indonesia in 1945, national unity and the Republic of Indonesia which is articulated by members of the DPR/MPR to the public. This idea is included in item Law of Political Parties that have strong legitimacy. The four pillars of the state and nation reap the pros and cons in the community, especially among experts in constitutional law of the State. The experts have similar views to criticize the concept of it because it is not considered appropriate if it is aligned as the four pillar or column country. The Constitutional Court issued a decision removing the article. The Constitutional Court’s decision is binding and must be executed by all parties. That is the four pillars of the nation and state is forbidden to be disseminated to the public, but the reality is different, the constitutional court ruling was ignored by the DPR/MPR until today. They continue to socialize the four pillars. That is the institution DPR/MPR may be unlawful.</p>

Via Latgalica ◽  
2009 ◽  
pp. 78
Author(s):  
Vladislavs Malahovskis

The aim of the paper is to reflect the political activities of the Roman Catholic Church in two periods of the history of Latvia and the Roman Catholic Church in Latvia – in the period of First Independence of the Republic of Latvia, basically in the 1920s, and in the period following the restoration of Latvia’s independence. With the foundation of the independent state of Latvia, the Roman Catholic Church experienced several changes; - bishops of the Roman Catholic Church were elected from among the people; - the Riga diocese was restored the administrative borders of which were coordinated with the borders of the state of Latvia; - priests of the Roman Catholic Church were acting also in political parties and in the Latvian Parliament. For the Church leadership, active involvement of clergymen in politics was, on the one hand, a risky undertaking (Francis Trasuns’ experience), but, on the other hand, a necessary undertaking, since in this way the Roman Catholic Church attempted to exercise control over politicians and also affect the voters in the elections for the Saeima. The status of the Church in the State of Latvia was legally secured by the concordat signed in the spring of 1922 which provided for a range of privileges to the Roman Catholic Church: - other Christian denominations in Latvia are functioning in accordance with the regulations elaborated by the State Control and confirmed by the Ministry of the Interior, but the Roman Catholic Church is functioning according to the canons set by the Vatican; - releasing the priests from military service, introduction of the Chaplaincy Institution; - releasing the churches, seminary facilities, bishops’ apartments from taxes; - a license for the activity of Roman Catholic orders; - the demand to deliver over one of the church buildings belonging to Riga Evangelical Lutherans to the Roman Catholics. With the regaining of Latvia’s independence, the Roman Catholic Church of Latvia again took a considerable place in the formation of the public opinion and also in politics. However, unlike the parliamentarian period of the independent Latvia, the Roman Catholic Church prohibited the priests to involve directly in politics and considered it unadvisable to use the word “Christian” in the titles of political parties. Nowadays, the participation of the Roman Catholic Church in politics is indirect. The Church is able to influence the public opinion, and actually it does. The Roman Catholic Church does not attempt to grasp power, but to a certain extent it can, at least partly, influence the authorities so that they count with the interests of Catholic believers. Increase of popularity of the Roman Catholic Church in the world facilitated also the increase of the role of the Roma Catholic Church in Latvia. The visit of the Pope in Latvia in 1993 was a great event not only for the Catholic believers but also for the whole state of Latvia. In the autumn of 2002, in Rome, a concordat was signed between the Republic of Latvia and the Vatikan which is to be classified not only as an agreement between the Roman Catholic Church in Latvia and the state of Latvia but also as an international agreement. Since the main foreign policy aim of Latvia is integration in the European Union and strengthening its positions on the international arena, Vatican as a powerful political force was and still is a sound guarantee and support in international relations.


2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Ummu Salamah ◽  
Reinaldo Rianto

Abstract: The Constitution of the Republic of Indonesia Year 1945 Article 29, paragraph 1 explains that "the State based on Almighty God". Normative-juridical provision has given legitimacy to the formalization of Islamic law for transformative integrated in the political system and constitutional law in Indonesia. Internalization of Islamic law into the legislation at the local level has opened the scope of the spirit of autonomy granted by the regions both general and specific. This spirit also later brings their initiative to roll Regional Regulation nuances of Islamic law, which of course raises the pros and cons in the community.Keywords: Legislation, Autonomous Region, FormalizationAbstrak: Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 pasal 29 ayat 1 menjelaskan bahwa “Negara berdasarkan atas Ketuhanan Yang Maha Esa”. Ketentuan normatif-yuridis ini telah memberikan legitimasi bagi formalisasi hukum Islam untuk terintegrasi secara transformatif dalam sistem politik dan hukum ketatanegaraan Indonesia. Internalisasi hukum Islam ke dalam peraturan perundang-undangan di tingkat daerah telah membuka ruang adanya semangat otonomi yang diberikan oleh daerah-daerah baik yang umum dan khusus. Semangat ini pula yang kemudian melahirkan adanya inisiatif untuk menggulirkan Peraturan Daerah bernuansa syariat Islam, yang tentunya menimbulkan pro dan kontra di tengah kalangan masyarakat.Kata Kunci: Perda, Otonomi Daerah, Formalisasi


2021 ◽  
Vol 1 (1) ◽  
pp. 26-35
Author(s):  
Ana Sabhana Azmy

The government's decision to move the capital of the Republic of Indonesia from DKI Jakarta to Kalimantan has drawn pros and cons among the public. The government considers the relocation plan to provide comfort, welfare, access to education, health and fair and equitable participation. However, moving the capital city is not easy and must go through a well-planned plan. Using a literature study, this article attempts to review how the state positions itself in the relocation plan, and what are the implications for relocating the capital city in the context of economic development. The conclusion of this discourse is that the state is exercising its autonomy in the plan to move the capital city, or what Caporaso and Levine say as a free state. The government remains focused on relocation plans, although there are a number of people who disagree. The government also ensures that the implications of the capital relocation plan are positive for economic development in Indonesia. distribution of economic equality will occur in Indonesia.


2021 ◽  
Vol 1 (2) ◽  
pp. 143-154
Author(s):  
Muhammad Iqbal ◽  
Helen Fridayani

This paper aims to study the development the dynasty politics phenomenon in Solo, especially from the public perspective after the 2020 regional head election. Gibran, the son of the President of the Republic of Indonesia ran as a candidate for mayor of Solo. Gibran involvement during the regional head election raised pros and cons in Indonesia. The practice of kinship politics in Indonesia is increasingly worrying. The reason is that most of the regulations tend to preserve the oligarchy. The flourishing of kinship politics, especially in the regions, cannot be separated from the role of political parties and regulations on regional head election. The study used quantitative approach with questionnaires and literature review. The results were processed using SmartPLS 3.0 software with four independent variable: network strength, position in the party, unequal democracy, and capital. The study showed that only two independent variables influenced the occurrence of kinship politics: network strength and capital. This led to talks about the community on political issues, President Jokowi, and changed his leadership image, from previously seen as a president that does not involve families in political matters.


2009 ◽  
Vol 45 (3) ◽  
pp. 307-328 ◽  
Author(s):  
Peter Nugus

Research on the Australian monarchy—republican debate has considered arguments for and against the republic, the 1999 referendum and interpretations of the republic. Little attention has been paid to the debate’s discursive construction. Therefore, this article analyzes the rhetorical strategies with which political parties and organized movements sought to persuade the public to adopt their position in the debate in the 1990s. The article discerns and analyzes various rhetorical strategies in terms of the patterns in their use among these elites. In contrast to the cognitive bias of much research in political communication, the article accounts for the embeddedness of these strategies in their public political, national-cultural and popular democratic contexts. It shows that the use of such strategies is a function of the socio-political context of actors’ statuses as parties or movements. The article recommends combining deliberative democracy with discourse analysis to comprehend the dynamics of public political language.


2021 ◽  
Vol 1(162) ◽  
pp. 127-145
Author(s):  
Piotr Uziębło

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.


2021 ◽  
pp. 56-65
Author(s):  
Iulian Rusanovschi ◽  

On 17.03.2020, the Parliament declared a state of emergency on the entire territory of the Republic of Moldova for the period March 17 - May 15, 2020. By the same Decision, the Parliament delegated the Commission for Exceptional Situations with the right to implement a series of measures to overcome the epidemiological situation in the country. However, in the conditions of a functioning Parliament and despite the clear and exhaustive texts of the Constitution, the Commission for Exceptional Situations amended during the state of emergency the Contravention Code, which is an organic law. The amendments specifically concerned the procedure and terms for examining infringement cases brought in connection with non-compliance with the measures adopted by the Commission for Exceptional Situations and the Extraordinary Commission for Public Health. In the conditions in which an organic law can be modified only by the Parliament, it is obvious the unconstitutionality, at least partial, of the Disposition no. 4 of 24.03.2020 of the Commission for Exceptional Situations, but unfortunately, the Constitutional Court is not mandated with the right to submit to constitutional review the normative acts adopted by the Commission for Exceptional Situations. Under these conditions, the state is obliged to identify solutions in order not to allow an authority to adopt unconstitutional normative acts that cannot be subject to constitutional review.


2014 ◽  
Vol 4 (1) ◽  
pp. 23
Author(s):  
Tawanda Zinyama ◽  
Joseph Tinarwo

Public administration is carried out through the public service. Public administration is an instrument of the State which is expected to implement the policy decisions made from the political and legislative processes. The rationale of this article is to assess the working relationships between ministers and permanent secretaries in the Government of National Unity in Zimbabwe. The success of the Minister depends to a large degree on the ability and goodwill of a permanent secretary who often has a very different personal or professional background and whom the minster did not appoint. Here lies the vitality of the permanent secretary institution. If a Minister decides to ignore the advice of the permanent secretary, he/she may risk of making serious errors. The permanent secretary is the key link between the democratic process and the public service. This article observed that the mere fact that the permanent secretary carries out the political, economic and social interests and functions of the state from which he/she derives his/her authority and power; and to which he/she is accountable,  no permanent secretary is apolitical and neutral to the ideological predisposition of the elected Ministers. The interaction between the two is a political process. Contemporary administrator requires complex team-work and the synthesis of diverse contributions and view-points.


2018 ◽  
pp. 8-15
Author(s):  
Іvan Pobochiy

The level of social harmony in society and the development of democracy depends to a large extent on the level of development of parties, their ideological and political orientation, methods and means of action. The purpose of the article is to study the party system of Ukraine and directions of its development, which is extremely complex and controversial. The methods. The research has led to the use of such scientific search methods as a system that allowed the party system of Ukraine to be considered as a holistic organism, and the historical and political method proved to be very effective in analyzing the historical preconditions and peculiarities of the formation of the party system. The results. The incompetent, colonial past and the associated cruel national oppression, terror, famine, and violent Russification caused the contradictory and dramatic nature of modernization, the actual absence of social groups and their leaders interested in it, and the relatively passive reaction of society to the challenges of history. Officials have been nominated by mafia clans, who were supposed to protect their interests and pursue their policies. Political struggle in the state took place not between influential political parties, but between territorial-regional clans. The party system of Ukraine after the Maidan and the beginning of the war on the Donbass were undergoing significant changes. On the political scene, new parties emerged in the course of the protests and after their completion — «Petro Poroshenko Bloc», «People’s Front», «Self-help»), which to some extent became spokespeople for not regional, but national interests. Pro-European direction is the main feature of the leading political parties that have formed a coalition in the Verkhovna Rada of Ukraine. Conclusion. The party system of Ukraine as a result of social processes is at the beginning of a new stage in its development, an important feature of which is the increase in the influence of society (direct and indirect) on the political life of the state. Obviously, there is a demand from the public for the emergence of new politicians, new leaders and new political forces that citizens would like to see first and foremost speakers and defenders of their interests.


Author(s):  
Andrey Irkliienko

he Constitutional Council of France is a body of constitutional control established by the Constitution of 1958. The ConstitutionalCouncil is not the only body that carries out the control over constitutionality. The peculiarity of constitutional control in France consistsin the fact that it has a dual nature and goes beyond well-known models of constitutional control. The constitutionality of acts, issuedby the Parliament, is considered by the Constitutional Council, and after the executive bodies do that, it is passed on to the State Council.Despite the fact that the Constitutional Council is not nominated by a court, its decisions, by their essence, are judicial acts and,likewise the decisions of the Constitutional Court of Ukraine, are endowed with the property of binding force. They are obligatory forall administrative and judicial bodies and are not subjected to revision (the Paragraph 3 of the Article 62 of the French Constitution).However, it should be taken into account that in addition to binding decisions, the Constitutional Council “expresses opinions” that areadvisory in their nature.In addition to carrying out constitutional control, the Constitutional Council has a number of other functions, such as political,advisory and acts as a court to assess the results of elections of deputies to the National Assembly and the Senate, and elections of thePresident of the Republic. Perhaps that is why the Constitutional Council classifies its decisions due to the types of its own powers.Herewith, the noted specific peculiarities are denoted by the Constitutional Council with the help of fixed letter combinations, which are included in the numbers of decision: REF, enacted on referendum issues; ORGA, enacted on issues of the organization of the Cons -titutional Council, etc.Since, despite all the diversity of functions of the Constitutional Council of France, therefore, its main purpose remains the cons -titutional control. Therefore, using the criterion of powers, under which decisions are made, in terms of initial graduation one shouldpoint out the decisions on issues, which are connected with providing compliance of the Constitution with regulatory acts (assuring thepriority of the Constitution), and decisions passed while carrying out other powers.Decisions of the Constitutional Council outstand with being formal and brief. A decision can take literally a few paragraphs. Themost frequently, the Constitutional Council merely refers to a constitutional norm or is limited to the phrase “these provisions do notcontradict the Constitution”, giving guidance and justifying its position in the least.


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