scholarly journals KONFIGURASI UUD 1945 DAN AMANDEMEN UUD 1945 HASANUDDIN HASIM

2017 ◽  
Vol 1 (1) ◽  
pp. 67-82
Author(s):  
Hasananuddin Hasan
Keyword(s):  
Human Rights ◽  
Time Change ◽  
The State ◽  
Legal Basis ◽  
State Institutions ◽  
Applicable Law ◽  
Old Order ◽  
Unitary State ◽  
Legislative Body

The Constitution is the legal basis of state owned by each State. Indonesia as a unitary state in the form of a republic and the State of law is concerned with all aspects of the problem with the applicable law, the constitution in this case the 1945 Constitution as the basis of the state of Indonesia becomes the norm of normality at any time change, Indonesia since 1945 until now has made changes in the amendment form to the 1945 Constitution in 1999-2002, this change is due to the 1945 Constitution or the old order is no longer appropriate with the development at that time. The amendment results provide the legal configuration of law within the State of Indonesian law, and its value: to reduce the power of the State's establishment, to strengthen the legislative body, to promote human rights, to complement State institutions and to improve the 1945 Constitution in terms of literal, grammatical, historical, sociological, socio-historical, futuristic, holistic, thematic to systematic-thematic holistic.

III. State Treason Trials During the Puritan Revolution, 1640–1660

1972 ◽  
Vol 15 (1) ◽  
pp. 37-53 ◽  
Author(s):  
Adele Hast
Keyword(s):  
Common Law ◽  
The State ◽  
Direct Link ◽  
Legal Basis ◽  
Legislative Body ◽  
Law Courts ◽  
The Government ◽  
Set Up ◽  
Council Of State ◽  
Legal Procedures

The government of the parliamentary party during the Puritan Revolution of 1640–60 instituted changes in judicial and legal procedures to maintain its power and subdue its enemies. This study of treason trials conducted by the state will examine their legal basis and the events and activities considered treasonable. It will show the ways in which the concept of treason changed under a revolutionary government, and to what extent those trials conducted during the interregnum differed in their legal—judicial bases and content from those held before the King's death. Although there were hundreds of treason convictions during the interregnum throughout England, either by military courts-martial, or by common-law courts sitting in the provinces — as is shown by the Acts providing for die sale of estates forfeited to the Commonwealth for treason — this discussion will limit itself to trials initiated by the government in London. These state trials illustrate die political use of the treason charge; diey provide a direct link between the enactment of the interregnum treason laws and their implementation by the same legislative body. Not only was the meaning of treason determined, and die machinery of trial set up, by parliament; but who was to be tried was also decided eidier by parliament or die Council of State, and, after 1654, by the Protector and his council. It will dierefore be instructive to examine the types of treasonous action considered sufficiendy threatening to warrant parliamentary attention.

Foreign Direct Liability Claims in Sweden: Learning from Arica Victims KB v. Boliden Mineral AB?

2014 ◽  
Vol 83 (4) ◽  
pp. 404-438 ◽  
Author(s):  
Rasmus Kløcker Larsen
Keyword(s):  
Human Rights ◽  
Transnational Corporations ◽  
Environmental Damage ◽  
Access To Justice ◽  
Legal Basis ◽  
Applicable Law ◽  
Court Action ◽  
Environmental Damages ◽  
Liability Claims ◽  
Parent Companies

On 12 September 2013 what may be the first foreign direct liability claim in Sweden was filed in the County Court of Skellefteå, a court action reflective of a growing wave of civil liability suits in European jurisdictions to hold transnational corporations accountable for human rights violations and environmental damages. This article examines the feasibility of foreign direct liability claims in Sweden, focusing on enabling conditions with regards to jurisdiction, collision rules and applicable law, substantial legal basis, procedural and practical circumstances, and the theories by which parent companies can be held liable for negligence in supervising acts of subsidiaries and contractors. It is demonstrated that foreign direct liability claims on environmental damage are indeed possible in Sweden, albeit with considerable constraints, primarily of a procedural and financial character. The conclusion provides some cautious remarks on the merits of the claim against Boliden and the reform options available to a Swedish government committed to improving the access to justice for victims of violations perpetuated by Swedish companies, their subsidiaries and contractors.

scholarly journals State responsibility for damage caused by unfair sentence or unfounded arrest

2013 ◽  
pp. 653-665
Author(s):  
Natasa Mrvic-Petrovic ◽  
Zdravko Petrovic
Keyword(s):  
Human Rights ◽  
The State ◽  
State Responsibility ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
General Rules ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

The legal basis of state responsibility for damage caused by unfair sentence or unfounded arrest is the need to protect fundamental human rights and freedoms guaranteed by the Constitution and generally accepted international rules. The right to compensation on this basis (although subjective civil right) has a sui generis legal nature, because it is connected with the protection of human rights. Joint public-private legal nature of such a request is expressed in the legislation of the Republic of Serbia, because the circle of authorized persons and the conditions under which they may be entitled to compensation is determined by the criminal procedural rules, while the existence of a legally recognized forms of damage and the extent to which the damage may be reimbursed is estimated according to the general rules of Law of obligations. While the legislation is very progressive, it is observed that, in practice, the applications for compensation are usually submitted because of the most unreasonable detention of up to one month or three months, and the inefficiency of the criminal proceedings, suspended upon the expiration of the absolute limitation of prosecution. The state could easily affect these practices. Also, the priority of state must be meeting its financial obligations with regard to final adjustments, and the imposition of demands for compensation.

Leaders and Their Goals

2020 ◽  
pp. 35-42
Author(s):  
Alasdair Roberts
Keyword(s):  
Human Rights ◽  
State Power ◽  
Large Degree ◽  
The State ◽  
State System ◽  
State Institutions ◽  
System A ◽  
General Terms ◽  
The People ◽  
Degree Of Control

This chapter focuses on state leaders and their goals. Within every state is a group of people who have a large degree of control over the way state power is exercised. They directly influence decisions about how goals are prioritized and pursued and ways in which institutions are constructed or renovated so that these decisions can be realized. These are the people who need advice on macro-level questions of public administration—that is, on big questions relating to the architecture of the state. These people can be called leaders or rulers. It is possible to describe, in general terms, the set of goals that leaders pursue. There is little doubt that survival in office should be counted within this set of likely goals. A second goal is to increase the power and legitimacy of state institutions within the territory claimed by the state. A third goal is the extension of power and legitimacy within the state system. A fourth goal is the increase of national prosperity. A fifth possible goal for leaders is the advancement of human rights.

scholarly journals Arendt and the Modern State: Variations on Hegel in The Origins of Totalitarianism

2004 ◽  
Vol 66 (1) ◽  
pp. 105-138 ◽  
Author(s):  
Roy T. Tsao
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Mutual Recognition ◽  
Social Groups ◽  
Body Politic ◽  
The State ◽  
Modern State ◽  
Uniform Rule ◽  
State Institutions ◽  
Single Body

Hannah Arendt's The Origins of Totalitarianism (1951), unlike her later books, is centrally concerned with the nature and fate of the modern state. The book presents a series of political pathologies – antisemitism, imperialism, tribalism, and totalitarianism – that Arendt regards as the result of failures in the state's dual mission to integrate diverse social groups into a single body politic, and to uphold the uniform rule of law for all. Her underlying conception of the state bears a striking, though unacknowledged affinity to that of Hegel. Like Hegel, moreover, she argues that citizens' mutual recognition of one another's human rights, as mediated through state institutions, is an indispensable condition for full human self-consciousness and agency. Her version of this argument is developed first through an excursus on the origins and effects of racism among Europeans living in Africa, and then through an analysis of the unique plight of stateless refugees.

scholarly journals Parlamentārās kontroles īstenošanas īpatnības un problēmjautājumi Covid-19 pandēmijas laikā

2021 ◽  
pp. 467-473
Author(s):  
Aleksandrs Kuzņecovs ◽  
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Legal Liability ◽  
The State ◽  
Legal Basis ◽  
State Of Emergency ◽  
Rapid Spread ◽  
The Republic ◽  
The Government

Due to rapid spread of Covid-19 worldwide, Latvian government declared the state of emergency. This decision was adopted by the parliament in order to contain the virus and undertake all the necessary measures to prevent its further spread. At the same time, it is clear that government’s actions undertaken within the state of emergency mostly remain unchecked. The absence of any legal basis for the parliament to extend their oversight during the state of emergency makes role of the parliament in these circumstances unclear. The current position of the parliament precludes political and legal liability over the executive and their officers. Lack of the delegated legislative and human rights restriction clause applicable specifically during the state of emergency raises questions regarding powers of the government and parliamentary control during the state of emergency. The article explores the possible solutions to rectify such flaws in the legal system of the Republic Latvia

scholarly journals EKSISTENSI PERADILAN HAM TERHADAP PELANGGARAN HAM DI TIMOR TIMUR

2008 ◽  
Vol 2 (1) ◽  
pp. 19
Author(s):  
Musleh Herry
Keyword(s):  
Human Rights ◽  
The State ◽  
East Timor ◽  
State Institutions ◽  
The Government

<p> </p><p>The state of Indonesia is a state based on law (rechtstaat) and not based on mere power (machststaat). This implies that the state, including the Government and other state institutions in carrying out any action must be lawful or legally accountable. Human rights are principally universally applicable, but their applications vary greatly according to the style and basic attitudes of cultures adopted by a nation. Human rights in the country of Indonesia starting from the disappearance of East Timor post-opinion that accuses the involvement of the Indonesian military is behind it, the new draft law (RUU) is based on an agreement between the drafting team of the bill consisting of experts and legal practitioners and Parliament will impose these laws will retroactively apply indefinitely.</p><p> </p><p>Negara Indonesia adalah negara yang berdasarkan atas hukum ( rechtstaat ) dan tidak berdasarkan atas kekuasaan belaka (machststaat). Ini mengandung arti bahwa negara, termasuk didalamnya Pemerintah dan lembaga-lembaga negara yang lain dalam melaksanakan tindakan apapun harus berdasarkan hukum atau harus dapat dipertanggungjawabkan secara hukum. Hak Asasi Manusia pada prinsipnya berlaku secara universal, hanya saja aplikasinya sangat bervariasi sesuai dengan corak dan sikap dasar budaya yang dianut oleh suatu bangsa. Hak Asasi Manusia dinegara Indonesia mulai dari pembumi-hangusan Timor Timur pasca pendapat yang menuding keterlibatan militer Indonesia berada dibelakang semua itu, baru rancangan undang-undang (RUU) inilah berdasarkan kesepakatan antara tim penyusun RUU yang terdiri dari pakar dan praktisi hukum dan DPR akan memberlakukan undang-undanng ini nantinya berlaku surut (retroactive) tanpa batas waktu.</p>

scholarly journals Information Systems and Management of Political Dynasty in the Constitution of Election in the Country of Indonesia in the Perspective of the State Constitution

Webology ◽  
2021 ◽  
Vol 18 (2) ◽  
pp. 832-844
Author(s):  
Sugia ryo ◽  
Anita Trisiana
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Constitutional Court ◽  
Applicable Law ◽  
State Constitution ◽  
General Elections ◽  
Pros And Cons ◽  
The Law ◽  
The Right

An information system is absolutely necessary in making logical decisions so that the policies developed are in accordance with the applicable law. This article discusses political dynasties from state constitutional law and human rights, whether constitutional or unconstitutional. This article uses a normative research method, which examines the law, the state constitution, and the Constitutional Court decisions related to political dynasties in the implementation of general elections. Political dynasties are a familiar thing in organizing general elections; political dynasties certainly reap the pros and cons. Still, as a legal state, Indonesia must also provide legal certainty regarding how the law views political dynasties. Basically, in this study, based on the rule of law and the state constitution, political dynasties are not unconstitutional; political dynasties do not violate the state constitution; with the prohibition on political dynasties, it is an unconstitutional act and violates human rights. The provisions of the Law on Human Rights prohibit the existence of political dynasties that do not prioritize human rights values, which are regulated in the Law on Human Rights; provide legal protection for every citizen has the right to vote and be elected in general elections. And stated firmly that political dynasties are prohibited, because they are not in line with the constitution and also the values of human rights.

scholarly journals Board Communities in Formation of Qanun Regional in Aceh Parliament

2020 ◽  
Vol 9 (1) ◽  
pp. 29-39
Author(s):  
S. Amirulkamar ◽  
Ismail
Keyword(s):  
Human Rights ◽  
The State ◽  
General Election ◽  
Government Official ◽  
Regional Government ◽  
Unitary State ◽  
The Status ◽  
The Republic ◽  
The Government ◽  
Government Authority

The Government system of the Unitary State of the Republic of Indonesia according to the 1945 Constitution of the Republic of Indonesia recognizes and respects special or special regional government units (Special in the Religious Field, Special in the Field of Education and Special in the Customary Field) regulated by Constitution. In this case the Regional People's Representative Council (DPRD), which is abbreviated as DPRD, but names Aceh as a Provincial Region in the Unitary State of the Republic of Indonesia system based on the 1945 Constitution of the Republic of Indonesia and the title of elected government official will be determined by the DPRA after the 2009 general election. This is only a change in the legal nomenclature with the status remains in the position of Aceh Privileges. This long journey is the existence of the Council community in the formation of the Regional Qanun in the Aceh Parliament in the form of a legislative body as one of the tools of the DPRA that manages the formation of the Regional Qanun which is carried out jointly with the Regional Head. This is done with the delegation of government authority to the Regional Regions as a political tool in the struggle for human rights and the rights of social aspirations, as well as the Aceh People's Representative Council or the Aceh DPR as a nomenclature of legislative institutions in regions that have legitimated importance in governance. The regulation of laws and regulations in Indonesia as a constitutional basis for the 1945 Constitution of the Unitary State of the Republic of Indonesia article 18B paragraph (1) states that "the State recognizes and respects special or special regional government units that are regulated by laws invite.

scholarly journals The Role of Local Government, Religious and Community Figures, In Conjunction With the Security Forces (Polri) In Returning A Harmonic Life Post Conflict As Ethnic In Sambas Regency

2018 ◽  
Vol 1 (2) ◽  
pp. 121
Author(s):  
Setyo Utomo
Keyword(s):  
Human Rights ◽  
Local Government ◽  
The State ◽  
Human Beings ◽  
Security Forces ◽  
Post Conflict ◽  
Unitary State ◽  
Conflict Handling ◽  
The Republic

<p><em>Humans as God's creatures are given freedom of human rights from birth. As a citizen, it is necessary that the State shall be obliged to protect the freedom of the rights of its citizens. However can’t be denied the freedom of human rights between human beings with each other in fact lead to differences in interests that led to the emergence of conflicts that often lead to the occurrence of fatalities and loss of property. Whereas one of the citizens' rights is free to live anywhere within a territory of the State. Likewise with citizens of Indonesia, in the Constitution of the State has guaranteed the freedom to reside within the territory of the Unitary State of the Republic of Indonesia. Based on the experience of conflicts in the country, with the post-conflict handling of those who had previously conflicted it can be reunited in living a harmonious life, but unlike the conflict that occurred in Sambas Regency in 1999 between ethnic Malays and Madurese which has been over the years and with post-conflict efforts that have been done until now people in Sambas district have not been able to accept the presence of Madurese in Sambas Regency.</em><em></em></p>

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