Research on the Way to College Students’ Civic Education in the Process of Implementation of the “Rule of Law”

2015 ◽  
Vol 3 (3) ◽  
pp. 212-216
Author(s):  
Zhifang Long
Keyword(s):  
College Students ◽  
Social Environment ◽  
Civic Education ◽  
Rule Of Law ◽  
Legal Practice ◽  
Citizen Education ◽  
The Rule Of Law ◽  
Civic Awareness ◽  
The Times ◽  
The Way

Cultivating modern citizen consciousness is the result of the development of the times in the process of construction of a modern country ruled by law. Besides, the construction of college students' citizen education not only needs to deal with a few relations from theory but also should create a good social environment of citizen in the practice of legal practice to strengthen college students’ civic awareness education.

Reaktualisasi Proses Penyidikan oleh Kepolisian Berbasis Nilai-Nilai Pancasila dan Optimalisasi Pemanfaatan Teknologi

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1737
Author(s):  
Ira Alia Maerani
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Public Prosecutor ◽  
Public Confidence ◽  
The Rule Of Law ◽  
Positive Law ◽  
Use Of Technology ◽  
The Times

Abstract                Indonesian Criminal Justice System consists of the police, public prosecutor and the courts. The role of the police investigators is certainly vital as the frontline in building public confidence in the rule of law in Indonesia. The role of the investigator is quite important in realizing society’s  justice. The era of globalization requires a pattern fast-paced, instant, measurable, and transparent of life and it requires investigators to follow the times by optimizing the use of technology. The aim of this study is to give effect to the rule of law in Indonesia that provides fairness, expediency and certainty. However, it considers to have priority of Pancasila values in the process of inquiry and investigation. The values of supreme divinity, God (religious), humanity, unity, democracy and justice are values that establish a balance (harmony) in enforcing the law. Law and its implementation can create product which meets the demands for social justice. This paper will examine the role of the investigator according to positive law currently in force as well as the role of investigator in implementing the values of Pancasila, accompanied by optimizing the use of technology. Keywords: Re-actualizing, Investigation, Police, values of Pancasila, Technology   AbstrakSistem Peradilan Pidana Indonesia meliputi institusi kepolisian, kejaksaan, dan pengadilan. Peran penyidik dalam institusi kepolisian tentunya amat vital sebagai garda terdepan dalam membangun kepercayaan masyarakat terhadap penegakan hukum di Indonesia. Peran penyidik amat besar dalam terwujudnya keadilan di masyarakat. Era globalisasi yang menuntut pola kehidupan yang serba cepat, instan, terukur, dan transparan menuntut penyidik untuk mengikuti perkembangan zaman dengan mengoptimalkan pemanfaatan teknologi. Tujuannya adalah untuk memberikan arti bagi penegakan hukum di Indonesia yakni memberikan keadilan, kemanfaatan, dan kepastian. Namun yang harus diperhatikan adalah mengutamakan nilai-nilai Pancasila dalam melakukan proses penyelidikan dan penyidikan. Nilai-nilai ketuhanan yang maha esa (religius), kemanusiaan, persatuan, kerakyatan dan keadilan merupakan nilai-nilai yang membangun keseimbangan (harmoni) dalam menegakkan hukum. Sehingga produk hukum dan pelaksanaannya memenuhi rasa keadilan masyarakat. Tulisan ini akan mengkaji tentang peran penyidik menurut hukum positif yang saat ini berlaku serta peran penyidik dalam mengimplementasikan  nilai-nilai Pancasila dengan diiringi optimalisasi pemanfaatan teknologi.Kata Kunci: Reaktualisasi,Penyidikan,Kepolisian,Nilai-nilai Pancasila,Teknologi

scholarly journals From the Court to the Classroom: Judges’ Work in International Judicial Education

2018 ◽  
Author(s):  
Toby S. Goldbach
Keyword(s):  
Rule Of Law ◽  
Skills Training ◽  
The United States ◽  
Education And Training ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Judicial Education ◽  
And Training ◽  
Scholarly Attention ◽  
The Way

49 Cornell International Law Journal 618 (2016).This Article explores international judicial education and training, which are commonly associated with rule of law initiatives and development projects. Judicial education programs address everything from leadership competencies and substantive review of human rights legislation to client service and communication, skills training on docket management software, and alternative dispute resolution. Over the last twenty years, judicial education in support of the rule of law has become big business both in the United States and internationally. The World Bank alone spends approximately U.S. $24 million per year for funded projects primarily attending to improving court performance. And yet, the specifics of judicial education remains unknown in terms of its place in the industry of rule of law initiatives, the number of judges who act as educators, and the mechanisms that secure their participation. This Article focuses on the judges’ experiences; in particular, the judges of the Supreme Court of Israel who were instrumental in establishing the International Organization of Judicial Training.Lawyers, development practitioners, justice experts, and government officials participate in training judges. Less well known is the extent to which judges themselves interact internationally as learners, educators, and directors of training institutes. While much scholarly attention has been paid to finding a global juristocracy in constitutional law, scholars have overlooked the role that judges play in the transnational movement of ideas about court structure, legal procedure, case management, and court administration. Similarly, scholarship examines the way legal norms circulate, the source of institutional change, and the way “transnational legal processes” increase the role of courts within national legal systems. There is little scholarly attention, however, to judges as actors in these transnational processes. This Article situates judicial education and training within the context of judicial functions as an example of judicial involvement in non-caserelated law reform. This Article challenges the instrumental connection between judicial education and the rule of law, arguing that international judicial education became a solution at the same time that the problem— a rule of law deficit— was being identified. This Article also explores whether international judicial education can stand as an instantiation of a global judicial dialogue. Judges have immersed themselves in foreign relations. They are, however, less strategic in pushing their ideological agenda than literature about judges and politics would suggest. This Article argues that judges experience politics as a series of partial connections, which resemble most legal actors’ engagement with the personal and the political.

scholarly journals Engaging Foreign Law: Not So Liberally

2019 ◽  
Vol 19 (75) ◽  
pp. 11-19
Author(s):  
Pierre Legrand
Keyword(s):  
Rule Of Law ◽  
Local Knowledge ◽  
Comparative Law ◽  
The Rule Of Law ◽  
Legal Thought ◽  
Foreign Law ◽  
Georgetown University ◽  
The Way

Taking its cue from a remarkable institutional initiative owing to the Georgetown University Law Center, this essay contests some of the key assumptions that have informed liberalism’s cosmopolitan turn. In particular, the argument addresses the way in which liberal legal thought has handled a doctrine widely known as “the rule of law”. The text challenges the universalizing drive having informed the dissemination of “the rule of law” and the attendant marginalization of culture in the form of the decredibilization of local knowledge. The paper suggests that “comparative law” can offer a valuable opportunity for the liberal self to revisit its uniformizing ideological commitments  — although not “comparative law” of the mainstream brand.

scholarly journals The Implementation Effort Islamic Law Norms in Activities for Overcoming Pornography and Pornoaction on Mass Media

2017 ◽  
Vol 5 (1) ◽  
pp. 1-12
Author(s):  
Ramlani Lina Sinaulan
Keyword(s):  
Mass Media ◽  
Rule Of Law ◽  
Islamic Law ◽  
Social Values ◽  
The Rule Of Law ◽  
Implementation Effort ◽  
Permissive Attitude ◽  
The Social ◽  
Universal Properties ◽  
The Times

This paper discusses the effort Islamic Law norms in activities for overcoming pornography and porno-action on mass media. By using normative legal research, the result found that the concept of Islamic law, behave based on sharia, shows the importance of shaping the personality traits of Islam (syakhsiyya Islāmiyya) and based on the devotion and faith. Because of the relation to the formulation of the rule of law against pornography behavior, it can not be designed, prepared and formulated based on social values. Based on the facts of society, as a result of the moral decadence that led to a permissive attitude towards their cultural infiltration, the social values in assessing the behavior may become more permissive toward behavior. However, the use of religious norms which have universal properties will not change, and even capable of elastic with the times.

scholarly journals MEMBANGUN MORALITAS DAN HUKUM SEBAGAI INTEGRATIVE MECHANISM DI MASYARAKAT DALAM PERSPEKTIF HUKUM PROGRESIF

2021 ◽  
Vol 14 (2) ◽  
Author(s):  
Adam Ilyas ◽  
Dicky Eko Prasetio ◽  
Felix Ferdin Bakker
Keyword(s):  
Rule Of Law ◽  
Legal Practice ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Law And Morality ◽  
The Law

Abstract This study aims to analyze the application of morality to legal practice in Indonesia. This is because the reality of the rule of law today is dominated by a positivist-legalistic phenomenon that prioritizes text but darkens morality's meaning in law. Morality in law seems to be immersed in legal practice that deifies the textual law but neglects the law's moral essence. This research is juridical-normative research oriented towards coherence between the principles of law based on morality and legal norms and legal practice in society. This research's novelty is the development of morality in the rule of law practice by prioritizing two aspects, namely the integrative mechanism aspect of Harry C. Bredemeier with the progressive law of Satjipto Rahardjo. This study emphasizes that efforts to develop law must not forget the elements of morality development. This study's conclusions highlight that the development of law and morality will run optimally by upholding the law as an integrative mechanism and applying progressive law as a solution in facing the lethargy of the Indonesian nation.Keywords: integrative mechanism; morality; progressive lawAbstrak Penelitian ini bertujuan untuk menganalisis penerapan moralitas pada praktik berhukum di Indonesia. Hal ini dikarenakan bahwa realitas praktik berhukum saat ini didominasi oleh fenomena positivistik-legalistik yang mengutamakan teks tetapi menggelapkan makna moralitas dalam berhukum. Aspek moralitas dalam hukum seakan tenggelam dalam praktik hukum yang mendewakan tekstual undang-undang tetapi melalaikan esensi moral dalam undang-undang. Penelitian ini merupakan penelitian yuridis-normatif yang berorientasi pada koherensi antara asas-asas hukum yang bersumber pada moralitas dengan norma hukum serta praktik hukum di masyarakat. Kebaruan dari penelitian ini yaitu pembangunan moralitas dalam praktik negara hukum dengan mengedepankan dua aspek, yaitu aspek integrative mechanism dari Harry C. Bredemeier dengan hukum progresif dari Satjipto Rahardjo. Hasil dari penelitian ini menegaskan bahwa upaya membangun hukum tidak boleh melupakan aspek pembangunan moralitas. Simpulan dalam penelitian ini menegaskan bahwa, pembangunan hukum dan moralitas akan berjalan secara optimal dengan meneguhkan hukum sebagai integrative mechanism serta menerapkan hukum progresif sebagai solusi dalam menghadapi jagat kelesuan berhukum bangsa Indonesia.

On the Way to the Rule of Law

1978 ◽  
Vol 11 (2-3) ◽  
pp. 115-127 ◽  
Author(s):  
Ho Ming
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law ◽  
The Way

scholarly journals Reaktualisasi Proses Penyidikan oleh Kepolisian Berbasis Nilai-Nilai Pancasila dan Optimalisasi Pemanfaatan Teknologi

Jurnal Hukum ◽  
2015 ◽  
Vol 31 (2) ◽  
pp. 1901
Author(s):  
Ira Alia Maerani
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Public Prosecutor ◽  
Public Confidence ◽  
The Rule Of Law ◽  
Positive Law ◽  
Use Of Technology ◽  
The Times

Indonesian Criminal Justice System consists of the police, public prosecutor and the courts. The role of the police investigators is certainly vital as the frontline in building public confidence in the rule of law in Indonesia. The role of the investigator is very big in the realization of justice in society. The era of globalization which demands a pattern of life that is fast-paced, instant, measurable, and transparent requires investigators to follow the times by optimizing the use of technology. The aim is to give effect to the rule of law in Indonesia that provides fairness, expediency and certainty. However that must be considered is the priority values of Pancasila in the process of inquiry and investigation. The values of supreme divinity, God (religious), humanity, unity, democracy and justice are values that establish a balance (harmony) in enforcing the law. Law and its implementation so that the product meets the demands for social justice. This paper will examine the role of the investigator according to positive law currently in force as well as the role of investigator in implementing the values of Pancasila, accompanied by optimizing the use of technology.Keywords: Re-actualizing, Investigation, Police, values of Pancasila, Technology

scholarly journals Transformasi Madzhab Qouli Menuju Madzhab Manhaji Jama`iy dalam Bahtsul Masa`il

2018 ◽  
Vol 4 (1) ◽  
pp. 19-29
Author(s):  
Imam Syafi`i
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Decision ◽  
The Rule Of Law ◽  
Existing Problems ◽  
Legal Instrument ◽  
Way Of Thinking ◽  
The Law ◽  
The Way

Among the forums to solve the problem are collectively known as 'bahtsul masa'il'. the legal decision is collective, derived from the consensus of the participants. His method of searching references (maraji ') to find answers regarding the existing problems, known as Madzhab Qauli, madzhab which is understood as the opinion or fatwa of a Mujtahid or Mufti in deciding fiqhiyyah law. However, not infrequently stagnation (maukuf) in the termination of the law. Because there are no references or books that explain the problem. As a result, if enforced (laws with existing references) result in unfair decisions and other issues for the community.From this manifestation of schools began to be considered important to be developed. That is a way to answer the problems faced by following the way of thinking and the rule of law which has been drawn up by the madzhab priest as described above. This last method is actually an attempt to decide the law by directly returning al-Qur'an, al-Hadits and so on by using tools qawa'id ushuliyyah and qawa'id fiqhiyyah. Everyone can not run this method individually. because the legal instrument of the legal system must be completely mastered. Therefore this Manhaji Method can be developed by means of ijtihad Jama'i that is the hard effort of some experts in their respective fields maximally in exploring the law of syar'i which is dhanni by using the method of istimbat. The decision is based on the agreement of the ulama or by acclamation, which is to take the most votes from the results of the deliberations. Keyword: Madzhab Qouli, Madhab Manhaji, Bahtsul Masa`il

scholarly journals Rights Relief for College Students: Connotation, Dilemma and Path Choice

2021 ◽  
Vol 9 (4) ◽  
Author(s):  
Qiushi Song
Keyword(s):  
College Students ◽  
Rule Of Law ◽  
Continuous Development ◽  
College Administrators ◽  
The Rule Of Law ◽  
Laws And Regulations

In recent years, with the continuous development of the rule of law in our country, the issue of rights relief for college students has attracted more and more attention from all walks of life. In order to specifically discuss the issue of rights relief for college students, it is necessary to define the concept of rights relief for college students. At the same time, it analyzes the reasons why China’s college students’ rights relief is facing imperfect laws and regulations, college administrators and students’ weak awareness of rights relief, content limitations, and single approaches. Therefore, it is necessary to choose the path from several aspects, such as improving laws and regulations, improving the concept of rule of law, optimizing and adjusting the scope of content, and establishing diversified channels.

MI5, the Cold War, and the Rule of Law

2020 ◽  
Author(s):  
Keith Ewing ◽  
Joan Mahoney ◽  
Andrew Moretta
Keyword(s):  
Cold War ◽  
Rule Of Law ◽  
Limited Extent ◽  
The Rule Of Law ◽  
Statutory Authority ◽  
The Cold War ◽  
The Way

This title is concerned with the powers, activities, and accountability of MI5 principally in the period from 1945 to 1964. It was a body without statutory authority, with no statutory powers, and with no obvious forms of statutory accountability. It was established as a counter-espionage agency, yet was beset by espionage scandals on a frequency that suggested if not high levels of incompetence, then high levels of distraction and the squandering of resources. The book addresses the evolution of MI5’s mandate which set out its role and functions and to a limited extent the lines of accountability, the surveillance targets of MI5, and the surveillance methods that it used for this purpose, with a focus in two chapters on MPs and lawyers, respectively; the purposes for which this information was used, principally to exclude people from certain forms of employment; and the accountability of MI5 or the lack thereof for the way in which it discharged its responsibilities under the mandate.

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