Formation of the research tradition of studying the institute Parliamentarism as a mechanism for the establishment of democracy

2017 ◽  
pp. 187-198
Author(s):  
Akil Ibrahim Al-Zuhari
Keyword(s):  
Balance Of Power ◽  
Research Strategy ◽  
The State ◽  
Executive Power ◽  
Research Tradition ◽  
Stage Of Development ◽  
The People ◽  
Long Time ◽  
The Government ◽  
Parliamentary Regimes

The article defines the features of the process of forming the research tradition of studying the institute of parliamentarism as a mechanism for the formation of democracy. It is established that parliamentarism acts as one of the varieties of the regime of functioning of the state, to which the independence of the representative body from the people is inherent, its actual primacy in the state mechanism, the division of functions between the legislative and executive branches of government, the responsibility and accountability of the government to the parliament. It is justified that, in addition to the regime that fully meets the stated requirements of classical parliamentarism, there are regimes that can be characterized as limited parliamentary regimes. The conclusions point out that parliamentarism does not necessarily lead to a democracy regime. At the first stage of development of statehood, it functions for a long time in the absence of many attributes of democracy, but at the present stage, without parliamentarism, democracy will be substantially limited. Modern researchers of parliamentarism recognize that this institution is undergoing changes with the development of the processes of democracy and democratization. This is what produces different approaches to its definition. However, most scientists under classical parliamentarianism understand such a system, which is based on the balance of power. This approach seeks to justify limiting the rights of parliament and strengthening executive power. Keywords: Parliamentarism, research strategy, theory of parliamentarism, types of parliamentarism

PERMOHONAN HAK MILIK YANG BERASAL DARI TANAH NEGARA DI KANTOR PERTANAHAN KOTA SEMARANG

Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
Author(s):  
Ilham Ilham ◽  
Djauhari Djauhari
Keyword(s):  
Competent Authority ◽  
Land Rights ◽  
The State ◽  
Land Title ◽  
The People ◽  
Other Information ◽  
Long Time ◽  
Approach Method ◽  
The Government ◽  
The Right

The basic foundation for the government and the people of Indonesia to formulate the politics of law and the policy of land affairs has been contained in the 1945 Constitution of the Republic of Indonesia Article 33 paragraph (3) which "earth, water and natural resources contained therein are controlled by the state and Used for the greatest prosperity of the people ". The problems in this research are: 1) Why is the request of Hak Milik coming from state land need a very long time? 2) What is the procedure or procedure of certifying Land Ownership from the State in Land Office of Semarang City? 3) What are the obstacles that arise in the process of granting Land title certificate that has been given by the state in the Land Office of Semarang City and how is the solution of the barriers?The approach method used in this research is sosiologis juridical approach method using qualitative descriptive data analysis method.The results of the research show as follows: 1) The application of the right to property derived from state land takes a very long time, In the petition contains information about the applicant, the description of his land which includes juridical data and physical data and other information in the form of information about the number of fields, And the status of the land owned by the applicant including the requested plot of land and any other information deemed necessary. 2) Procedures or procedures for granting land title certificate originating from the state in the Land Office of Semarang City, Rights Application, Applicant of land title certificate shall be divided into 4 categories: Right Receiver, Heirs, Land Owners, Owner of Land Rights Certificate Lost or damaged, Measurement and Registration of Rights, After the completion of the application file is filed and submitted to the Land Office, the subsequent process in the land office shall be the measurement, mapping and registration of its right, issuance of the Certificate, that the Land Rights Application is a process, The entry of the petition to the competent authority until the birth of the requested land. Before the land rights application enters the authorized institution, there is a process of preparation.Keywords: Right of Ownership, State Land, Land Office of Semarang City

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

Soviet Specialist Baiting: The Case of N. A. Dobrosmyslov

2011 ◽  
Vol 38 (1) ◽  
pp. 5-22
Author(s):  
Keyword(s):  
Professional Competence ◽  
The State ◽  
Archival Research ◽  
High Salary ◽  
Soviet State ◽  
State Apparatus ◽  
Long Time ◽  
The Government ◽  
Continued Employment ◽  
The Revolution

AbstractFor many communists working in the Soviet state apparatus during the 1920s, the state's continued employment of so-called “bourgeois specialists” (spetsy) was an ideological affront and an obstacle to proletarian advancement. In their eyes, until the spetsy were removed and workers staffed the institutions of the state, the revolution would be neither secure nor its promises fulfilled. Based on archival research, this article traces rank-and-file communists' attempts to remove one such specialist, N. A. Dobrosmyslov, from his position in the Tax Department (Gosnalog) of the People's Commissariat of Finances (Narkomfin). Dobrosmyslov had been a long-time official in the tsarist tax bureaucracy and had also worked for the Provisional Government in 1917. Communist opposition to him took the form of a denunciation campaign that focused on his alleged anti-Sovietism, his professional competence, his arrogant manner, his high salary, and his attempt to obtain a large pension from the government. The documents related to the case reveal the atmosphere of suspicion and often open hostility that surrounded the spetsy. They provide evidence of the contrasting evaluations of the spetsy made by leading communist administrators and by the lower-level communists who worked closely with them. They also show how important the issue of material compensation was for this latter group. Finally, the case provides an example of how biography could be interpreted and manipulated to serve particular ends, especially in the context of political and personal denunciation.

People’s Movement in Odisha: An Assessment

2017 ◽  
Vol 63 (2) ◽  
pp. 265-283
Author(s):  
Subhendu Ranjan Raj
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
Civil Disobedience ◽  
The State ◽  
State Governments ◽  
Growth Strategies ◽  
Protest Movements ◽  
The People ◽  
The Government ◽  
Set Up

Development process in Odisha (before 2011 Orissa) may have led to progress but has also resulted in large-scale dispossession of land, homesteads, forests and also denial of livelihood and human rights. In Odisha as the requirements of development increase, the arena of contestation between the state/corporate entities and the people has correspondingly multiplied because the paradigm of contemporary model of growth is not sustainable and leads to irreparable ecological/environmental costs. It has engendered many people’s movements. Struggles in rural Odisha have increasingly focused on proactively stopping of projects, mining, forcible land, forest and water acquisition fallouts from government/corporate sector. Contemporaneously, such people’s movements are happening in Kashipur, Kalinga Nagar, Jagatsinghpur, Lanjigarh, etc. They have not gained much success in achieving their objectives. However, the people’s movement of Baliapal in Odisha is acknowledged as a success. It stopped the central and state governments from bulldozing resistance to set up a National Missile Testing Range in an agriculturally rich area in the mid-1980s by displacing some lakhs of people of their land, homesteads, agricultural production, forests and entitlements. A sustained struggle for 12 years against the state by using Gandhian methods of peaceful civil disobedience movement ultimately won and the government was forced to abandon its project. As uneven growth strategies sharpen, the threats to people’s human rights, natural resources, ecology and subsistence are deepening. Peaceful and non-violent protest movements like Baliapal may be emulated in the years ahead.

Serving the state or serving the people? The dilemma of social work graduates in Mainland China

2021 ◽  
Author(s):  
Rajendra Baikady ◽  
Cheng Shengli ◽  
Gao Jianguo
Keyword(s):  
Social Work ◽  
Mainland China ◽  
The State ◽  
Postgraduate Students ◽  
The People ◽  
The Government ◽  
And Function ◽  
Work Education ◽  
Schools Of Social Work ◽  
Depth Interviews

This article reports on the result of an exploratory qualitative study with in-depth interviews conducted with postgraduate students in Chinese universities. The data were collected from five schools of social work, covering three provincial-level administrative regions of Beijing, Shanghai and Shandong. The principal aim of this article is to understand the development of social work and student perspectives on the government’s role in social work development and the function of social work in China. The study shows that Chinese social work is still developing, and the expansion and function of social work education and practice is mandated by the state. Despite a robust authoritarian hold by the government, the study finds hope among the graduate students about the mission and future of social work in China.

scholarly journals Powers and Limits of State during COVID-19 Pandemic: a Critical Appraisal

Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 663
Author(s):  
Iwan Satriawan ◽  
Devi Seviyana
Keyword(s):  
Rule Of Law ◽  
House Of Representatives ◽  
Critical Appraisal ◽  
Balance Of Power ◽  
The State ◽  
Fundamental Rights ◽  
State Of Emergency ◽  
The Rule Of Law ◽  
Power Limits ◽  
The Government

The research aims to analyze the power and limit of the state and whether Indonesia has properly adopted the concept of powers and limits during state emergency of COVID-19 pandemic. The method of the research was normative legal research which used statute and case approach were employed for data analysis. The result shows that a state may apply some types of power in an emergency condition. However, in using its powers, the government must consider principle of limits in a state of emergency. In fact, Indonesia does not properly adopt the balance of power and limit in the state of emergency during COVID-19 pandemic. It is true that the government may take actions to respond to the COVID-19 pandemic. However, the State cannot exceed the limitations of using powers in accordance with state emergency principle. There was a tendency to exceed the limits by the State during the pandemic. The State has violated some state of emergency principles during COVID-19 pandemic such as temporary, the rule of law, necessity, proportionally, intangibility, constitutionalism, harmony, and supervision. The research recommends that the Government and the House of Representatives (the DPR) in the future should obey the state of emergency principles, particularly in terms of state power limits to respect constitutional principles and rule of law. In addition, individuals, groups of people, or organizations may submit judicial review of laws or regulations that violate the state of emergency principles in handling pandemic in the light of protecting the fundamental rights of citizens.

scholarly journals Merebaknya Intoleransi (Hate Speech dan Hate Crime) dalam Politik Indonesia

2020 ◽  
Vol 12 (1) ◽  
pp. 87-99
Author(s):  
Munandzirul Amin
Keyword(s):  
Hate Crime ◽  
Hate Speech ◽  
The State ◽  
Political Order ◽  
New Order ◽  
The People ◽  
Technical Issues ◽  
The Government ◽  
The Relationship

Democracy provides a place for us to learn to live with the enemy because only democracy allows tension and paradox, which comes from freedom, to occur in society. In contrast to the New Order era, we can now enjoy freedom of opinion and association. This freedom can in turn produce tension. The relationship between elements of society with one another, or the relationship between the state and elements of society, can be tense because of differences in interests in regulating social and political order. Meanwhile, Indonesian society witnessed the paradox which also originated from freedom. This, for example, is shown by the emergence of intolerant groups such as the Islamic Defenders Front (FPI) and Hizb ut-Tahrir Indonesia (HTI). Even organizations such as HTI are of the view that democracy is not in accordance with the teachings of Islam in terms of sovereignty in the hands of the people, what should determine that is the preogrative right of Allah SWT. The government in the view of HTI only implements sharia and determines administrative technical issues.

scholarly journals Dominasi dan ketidakadilan negara dan korporasi dalam kasus bencana lumpur Lapindo

2017 ◽  
Vol 30 (2) ◽  
pp. 150
Author(s):  
Oman Sukmana
Keyword(s):  
Resource Management ◽  
State Government ◽  
Oil And Gas ◽  
The State ◽  
Group Discussions ◽  
Disaster Victims ◽  
The People ◽  
Data Collection Process ◽  
The Government

The domination of the state (government) and Corporate (PT LBI) in the oil and gas resource management lead Lapindo mudflow disaster that caused misery to the people. This study aims to assess the forms of domination and injustice by the state (government) and the corporation in the case of Lapindo mudflow disaster, and how Lapindo mudflow disaster victims negotiate (resist) against the state (government) and corporations in an effort to fight for their rights. This study used a qualitative approach with case study. Subjects and informantsresearch include: (1) Lapindo mudflow disaster victims; (2) group coordinator of Lapindo mudflow disaster victims; (3) Public figures Siring village, Tanggulangin, Renokenongo, Jabon, and Jatirejo, Porong district, Sidoarjo; (4) Representation of the corporation (PT. LBI); and (5) Representation of BPLS. The data collection process using the in-deepth interviews, observation, focus group discussions, and review documents. Stage processing and data analysis includes the coding process, memoing, and concept mapping. The results showed that the government (the state) and the corporation (PT LBI) action dominating the oil and gas resource management in the area of Porong district, Sidoarjo regency, East Java, resulting misery for the victims (people). Forms of injustice felt by residents Lapindo mudflow disaster victims not only related to the issue of compensation for land and building assets alone, but more than that, including various dimensions. Through a variety of collective action, such as demonstrations and negotiations, Lapindo mudflow disaster victims filed various charges, such as demands for payment of compensation for land and building assets destroyed.

scholarly journals Citizen’s Charter a Mechanism for Accountability: An Analysis of India Conditions

2021 ◽  
Vol 5 (2) ◽  
pp. 41-51
Author(s):  
Ramthanpuia Pachuau
Keyword(s):  
Public Service ◽  
Central Government ◽  
Government Policies ◽  
Administrative Reforms ◽  
The People ◽  
Official Statement ◽  
Long Time ◽  
The Government ◽  
Democratic Country

The initiatives of Citizen’s Charter are an effort in solving citizen’s problems that they encounter regularly over a long time while dealing with the government or any other organizations. It is a document of an official statement that ensures the accountability of the organization and their commitment towards the citizen in providing the quality of service. The charter aimed to revolutionize public service by empowering the people who were so long regarded as a silent spectator and a mere receiver on the government policies and programmes. In a democratic country, citizens have become more vocals towards the government responsibilities and they expect the administration not only to respond to their demands but also to foresee their needs in the future. In India, the Department of Administrative Reforms and Public Grievances in Government (DARPG) is in charge of organizing, directing, formulating, and operationalizing Citizen's Charters at the Central Government as well as States Government. However, the fulfillment of Citizen’s Charter in India faced many difficulties due to its government bureaucratic structure and resistant to change in its working system.

scholarly journals Lack Of Basic Education Accessibility In The Periphery Area Of Indonesia (A Research in Takirin Village, Tasifeto Timur Sub-District, Belu Regency, NTT Province - Indonesia)

2019 ◽  
pp. 124
Author(s):  
M. N. B. C. Neolaka ◽  
Rikhardus S. Klau ◽  
Metriani Epifania Nahak
Keyword(s):  
Basic Education ◽  
Educational Institution ◽  
The State ◽  
Religious Institutions ◽  
Education Services ◽  
Remote Areas ◽  
Basic Rights ◽  
The People ◽  
The Government ◽  
The Village

The presence of a school in the village is a sign of the concrete presence of the State to fulfill the basic rights of the community in the field of education. Remembering that schools always assume interaction with other elements of society such as parents, students, religious institutions and village governments, their presence also demands responsibility and involvement of all parties at the grassroots in synergic cooperation. Only through quality cooperation involving all parties, an educational institution can become the backbone of a society's progress. Quality cooperation can be evaluated by looking at how the community responds to the concrete problems they face in the field. One of the fundamental problems commonly found in remote areas of Indonesia is the low access to basic education services. By recognizing and identifying problems that occur in their own environment, people are encouraged to recognize violations of their basic rights. In turn, the people themselves are encouraged to collect their rights to the Government and at the same time are aware of being actively involved in development.

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