scholarly journals HAK ASASI MANUSIA DAN DEMOKRASI DI INDONESIA

2018 ◽  
Vol 9 (2) ◽  
pp. 172
Author(s):  
Fitriani Amalia ◽  
Anies Prima Dewi
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Descriptive Analysis ◽  
The State ◽  
Legal Research ◽  
The Rule Of Law ◽  
Role Of The State ◽  
Qualitative Descriptive ◽  
Democratic Country

The existence of human rights in the conception of the rule of law and democracy in Indonesia is the most basic. However, the concept of regulating human rights by the state does not mean that there is a restriction on human rights by the State, but the concept is regulation by the State. Using normative legal research, also called doctrinal law research. In this type of legal research, law is often conceptualized as what is written in laws and regulations (law in books). Analyzed using qualitative descriptive analysis. The results of this study indicate that, in a democratic country, the implementation of human rights is a must. The degree of implementation of democracy and human rights is also influenced by the role of the State. The implementation of democracy and human rights with the people's sovereignty are ideals to be achieved.Keywords: democracy; human rights. AbstrakKeberadaan Hak Asasi Manusia dalam konsepsi Negara hukum dan demokrasi di Indonesia suatu hal yang paling mendasar. Namun konsepsi pengaturan hak asasi manusia oleh negara tersebut bukan berarti terjadinya pengekangan hak asasi manusia oleh Negara, namun konsepsinya adalah pengaturan oleh Negara. Menggunakan penelitian hukum normatif, di sebut juga penelitian hukum doktrinal. Pada penelitian hukum jenis ini, acapkali hukum di konsepkan sebagai apa yang tertulis dalam peraturan perundang undangan (law in books). Dianalisis menggunakan analisis deskriptif kualitatif. Hasil penelitian ini menunjukkan bahwa, pada suatu Negara yang berdemokrasi, implementasi Hak Asasi Manusia merupakan suatu keharusan. Tingkatan implementasi demokrasi dan hak asasi manusia juga dipengaruhi oleh peran Negara. Implementasi demokrasi dan Hak asasi manusia yang berkedaulatan rakyat merupakan cita-cita yang hendak dicapai.Kata Kunci : demokrasi; hak asasi manusia.

scholarly journals Konstitusionalitas Ancaman Pidana Terhadap Kejari (Penetapan Status Barang Sitaan dan Prekursor Narkotika)

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Emir Ardiansyah ◽  
Ulya Kencana ◽  
Romli SA
Keyword(s):  
Rule Of Law ◽  
Secondary Data ◽  
The State ◽  
Constitutional Rights ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Role Of The State ◽  
The Status ◽  
The Republic

Studies on the constitutionality of criminal threats against the Attorney General's Office (Head of the State Prosecutor's Office) in determining the status of confiscated narcotics and narcotic precursors, based on the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics, it is very necessary to do so. The regulation has an over-criminalization nuance that is detrimental to the constitutional rights of the Kejari. The research aims to analyze the role of the state in protecting the constitutional rights of the Kejari within the rule of law framework. The scope of the research describes the structure of values or norms in statutory regulations and the principles it adheres to. Legal principles are used in interpreting the Narcotics Law by linking it to the rule of law framework. The research method is normative legal research using secondary data. The results of the research revealed that the provisions in Article 141 and Article 91 paragraph (1) of the Narcotics Law have the potential to violate the constitutional rights of the Kejari. because it is not in accordance with the protection of constitutional rights in the institutional structure of the prosecutor's office, which may not be intervened in criminal law enforcement. In conclusion, the state plays a major role in implementing the protection of the constitutional rights of citizens and Kejari officials. The state is obliged to fulfill, respect and protect the constitutional rights of citizens. Institutionally, the state synergizes with the prosecutor's office must affirm the ethical and administrative areas concretely and limitatively, so as not to cause obscurity of norms and excessive criminalization of non-criminal acts to become criminal acts.

scholarly journals The Role of the State in Preservation of the Law in the Works of Police Scientists

2020 ◽  
Vol 17 (3) ◽  
pp. 5-16
Author(s):  
Nadezhda Biyushkina
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Scientific Article ◽  
Law And Order ◽  
Protective Function ◽  
Scientific Methods ◽  
The Rule Of Law ◽  
Legal Method ◽  
Role Of The State

Introduction. The relevance of this scientific article is due to the fact that the problem of law enforcement is directly related to the protection of the rights and freedoms of the individual, the successful development of individual social groups and society as a whole. Purpose. The authors set a goal to analyze the views of such researchers as R. von Mol, N. Delamar, I.T. Tarasov, I.E. Andreevsky, V.F. Deryuzhinsky, N.N. Belyavsky, V.M. Hesse and others on a number of major problems: the tasks of the police in law enforcement, the correlation of concepts: “law and order” and “deanery”, measures of police control and supervision, issues of combating criminal and political crime. Methodology. In preparing the scientific article, a system of methods for studying legal reality was used (general scientific methods: synthesis, analysis, deduction, induction, system-structural method; private scientific methods: dogmatic method, historical and legal method, comparative legal method, chronological method, retrospective analysis method). Results. In the course of the research, it turned out that for police scientists, the idea of the decisive role of the state in protecting the rule of law is characteristic. Conclusion. In their writings, police scientists emphasize the idea that the role of the state in the protection of the rule of law lies in the multifaceted activities of the police authorities, performing the protective function of the state. The concept of law and order during the study period was inseparable from the term “deanery” and constituted its legal basis. The goal of the state in the representation of power and society XVIII – beg. XX centuries there was an idea of a common good, repeatedly proclaimed both in legislative acts and in the writings of police researchers.

scholarly journals KEWENANGAN MAHKAMAH AGUNG REPUBLIK INDONESIA DALAM PEMBUATAN PERATURAN TENTANG PERMOHONAN PERNYATAAN PAILIT MELALUI SURAT EDARAN (BELEIDSREGELS) DITINJAU DARI SUDUT ILMU PERUNDANG-UNDANGAN

2019 ◽  
Vol 2 (2) ◽  
pp. 646
Author(s):  
Samuel Tirta Handoyo ◽  
Cut Memi
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Descriptive Analysis ◽  
The State ◽  
Legal Research ◽  
Government Action ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Circular Letter ◽  
The Status

One important element of the rule of law is that any government action must be based on law. The consequence is that laws must be made, implemented and enforced. Therefore, the state has the power to make laws to regulate all its activities. The Supreme Court as one of the highest judicial institutions in Indonesia has the status of all the courts and as the highest court for the four judicial institutions. The regulating and oversight functions are part of the functions of the Supreme Court, where the Supreme Court is authorized to issue further regulations in the form of Supreme Court Regulations and Supreme Court Circular Letters, where Supreme Court Regulations are regulating, whereas Supreme Court Circular Letters are as policy regulations. However, in practice the substance of the Supreme Court Circular is often not in accordance with its requirements, namely as a policy regulation. One of them is the Supreme Court Circular Letter Number 2 Year 2016 concerning Increasing Efficiency and Transparency in Handling Bankruptcy Cases and Delaying Obligations of Debt Payment in Courts. The writing of this thesis will discuss the authority of the Supreme Court in determining the substance of the Supreme Court Circular Number 2 of 2016 in terms of statutory knowledge. Judging from its nature, the research used is descriptive analysis using normative legal research.

scholarly journals REAKTUALISASI & REVITALISASI SUMBER PENERIMAAN NEGARA

2019 ◽  
Vol 1 (2) ◽  
pp. 133-152
Author(s):  
Dedi Junaedi ◽  
Faisal Salistia
Keyword(s):  
Fiscal Policy ◽  
Descriptive Analysis ◽  
Economic Thought ◽  
The State ◽  
Role Of The State ◽  
History Of ◽  
Qualitative Descriptive ◽  
Islamic Economic ◽  
Budget Expenditure

 The purpose of this study is to actualize and revitalize fiscal concepts or sources of revenue in Indonesia in a perspective review of Islamic economic thought. The method used is the study of literature and qualitative descriptive analysis of thoughts that have developed in the history of Islamic economic thought as well as its adaptation, actualization, revitalization and contextualization efforts to formulate more stable, blessing and sustainable sources of Indonesia's APBN revenue. The results of the study can be briefly formulated that in general fiscal policy discusses the role of the state in the function of allocation, distribution and stabilization of the national economy. In the allocation function, the state determines what state financial resources are used for; the distribution function regulates how state policies manage the budget (expenditure) to create a mechanism of equitable economic distribution in society; and the function of stabilization is how the state creates a stable and sturdy economy that supports the economic wheels. The budget deficit - as experienced by many countries, including Indonesia - is a signal of the importance of managing a country's fiscal policy. The history of the glory of Islam has provided valuable lessons on how Islamic economic development was once a solution that delivered prosperity and prosperity to all its people. Various sources of revenue ranging from zakat, ghanimah, fai, kharaj, fai, ushr, khumus, nawaib, amwal fadla, special taxes, import duties, import duties, grants, gifts, expiation, and several other financial sanctions have been moved to become a source of state revenue very big one. If you are willing and willing to make efforts to adapt, re-actualize and revitalize the sources of revenue, a similar succession can be applied at the present time by any country, including Indonesia. Keywords: budget, Islamic economics, financial, fiscal, tax, zakat

scholarly journals THE ROLE OF THE STATE IN THE IMPLEMENTATION OF DEMOCRACY AND HUMAN RIGHTS IN INDONESIA

2017 ◽  
Vol 6 (1) ◽  
Author(s):  
Muh. Alfian
Keyword(s):  
Human Rights ◽  
War Crimes ◽  
The State ◽  
Legal Research ◽  
Human Right ◽  
Library Research ◽  
Role Of The State ◽  
State Participation ◽  
Corporate Social

<p align="center"><strong>ABSTRACT</strong></p><p>This research aimed to examine to what extent the role of the State participation in applying the principles of democracy and human right in Indonesia. This research is normative legal research (library research). There are two obligations of state toward human rights namely, protection and realization. Protection requires  the role’s state to  guarantee and to protect human rights. Meanwhile, realization is obligation demanded  State to act actively  in keeping human rights.  Human Right violations aren’t only done by State, but also non-State actors covering either individual or corporation. The obligation and responsibility to keep  human rights are important because we are not only face human crimes, genocide or war crimes but also poverty and undeveloped. The obligation and reponsibility of corporation are realized in the form of   Corporate Social Responsibility , especially in community development.</p><p><strong>Keyword</strong> : State, Democracy, Human Rights</p>

APPLICATION OF THE RULE OF LAW IN JUDICIAL PRACTICE

2017 ◽  
Author(s):  
Lyudmyla Bogachova ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Social Relations ◽  
Political Power ◽  
Early Stage ◽  
The State ◽  
Broad Sense ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Judicial Practice

The article defines the concept of the principle of the rule of law both in the narrow and broad sense. In the narrow sense, the principle of the rule of law is understood as the rule of law over legislation, and in the broad sense - as the rule of law over the state, state arbitrariness. Different approaches to disclosing the content of the principle of the rule of law in national and European legal doctrines are systematized. The lack of a single generally accepted concept of the principle of "rule of law" is emphasized. The decisions of the European Court of Human Rights are analyzed; attention is focused on their interpretation of the rule of law. The realization of the principle of the rule of law, primarily presupposes the domination of inalienable and inviolable human rights and freedoms over the political power of the state, and also requires quality laws and observance of the principle of legal certainty. The interpretation of the principle of the rule of law in the decisions of the Constitutional Court of Ukraine is considered. The CCU emphasizes that the rule of law is first and foremost the "rule of law in society"; characterizes the principle, linking it to the ideas of social justice, freedom and equality, without which it is impossible to imagine true human development and existence. The Constitutional Court calls justice as one of the basic principles of law, which is crucial in defining it as a regulator of social relations, one of the universal dimensions of law. Examples of application of the rule of law in the practice of the Supreme Court of Ukraine are given. Judges not only make a formal reference to the rule of law, but also try to analyze and disclose the content of its constituent elements (requirements) within a specific legal case. The main problems that hinder the effective implementation and realization of the rule of law in judicial practice are identified, namely - the lack of proper regulation and official interpretation; low quality of laws and legislative process; excessive number of conflicting laws; low level of legal awareness and legal culture of Ukrainian society, and early stage of civil society development in Ukraine. It is concluded that the rule of law is a principle whose main content is expressed in the following aspects: ensuring the rule of law over political power; subordination of state institutions to the needs of human rights protection and ensuring their implementation; priority of these rights over all other values of democratic, social, and legal state; preventing the manifestation of arbitrariness of state power, as well as ensuring compliance with the requirements of justice.

scholarly journals State-building for the market economy in Eastern Europe

2020 ◽  
Vol 70 (4) ◽  
pp. 471-491
Author(s):  
Paul Hare
Keyword(s):  
Eastern Europe ◽  
Rule Of Law ◽  
Law And Economics ◽  
Recent Analysis ◽  
The Rule Of Law ◽  
State Institutions ◽  
Role Of The State ◽  
New States ◽  
The Eu

AbstractKornai's earlier works embodied the idea that state institutions formed a system with a strong tendency to reproduce itself, and hence to resist minor reforms. Thus, at the end of socialism, huge changes were needed in politics, economics, and the law to build a new system oriented towards the market-type economy, which would again be stable, self-reinforcing and self-sustaining. Transition promoted the development of new states in Eastern Europe that conformed to the Copenhagen criteria for the EU accession. Were we too hasty in thinking that we had succeeded? The new systems are not returning to the previous one, and only in a few areas have the basic norms of a market-type economy been set aside in Hungary or Poland. But concerns arise at the interface between politics, law and economics – to do with the rule of law, the nature and role of the state, and the interactions between parliament, the executive and the judiciary. Unavoidably, there is also an interesting international dimension here, represented by the shift from the Warsaw Pact and CMEA to NATO and the EU. This paper explores these issues in the light of some of Kornai's recent analysis of developments in Hungary, while also drawing on his very insightful earlier works.

Περιμένοντας τους Bαρβάρους. Law in a Time of Constitutional Crisis.

2021 ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Judicial Review ◽  
Judicial Independence ◽  
The Rule Of Law ◽  
European Dimension

Περιμένοντας τους Bαρβάρους. Law in a Time of Constitutional Crisis is not a typical celebratory book offered to the dedicatee for an academic jubilee. The studies offered to Professor Mirosław Wyrzykowski present the readers with essays analysing the most pressing problems of modern constitutionalism in its European dimension. The primary themes of the book are topics dear to Wyrzykowski: the rule of law, human rights, the crooked paths of European constitutionalism, and last, but not least, one that binds them all: judicial independence and judicial review, as well as the role of the courts in upkeeping the rule of law.

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