Omnibus Law di Indonesia

2021 ◽  
Vol 8 (2) ◽  
pp. 42-56
Author(s):  
Gugun El Guyanie , Okky Alifka Nurmagulita
Keyword(s):  
Rule Of Law ◽  
Job Creation ◽  
The Political ◽  
Short Term ◽  
The Rule Of Law ◽  
The People ◽  
Democratic Character ◽  
The Government ◽  
Opening Up

This article examines the drafting of the Omnibus Law on the Job Creation Bill, the original purpose of which was to facilitate investment or accelerate the economy. Starting from the disharmony of several overlapping regulations, out of sync between one law and another in the investment sector, a universal sweeping law that contains thousands of articles is needed. This study uses the theory of the formation of laws and regulations and the perspective of legal politics, with juridical analysis, to explain how a process of drafting a law, the principles of formation, and the political dynamics that gave birth to it. This paper emphasizes that the process and politics of the Omnibus Law legislation on the Job Creation Bill has minimal public participation and is not transparent. So the legal product of the Job Creation Law is formally flawed, and materially contains articles that are capitalist in content, opening up investment for investors but on the other hand harming the people. In this study, it was also found that the Omnibus Law of the Job Creation Act was born with more character instrumentalist-oligarchic, where the government transplants the Omnibus Law solely as a short-term pragmatic option to spread the 'red carpet' for investors. In other words, the Omnibus Law fails to create an instrumentalist-democratic character, which is oriented towards fulfilling and strengthening the values ​​of the rule of law which is long-term oriented while at the same time creating a sustainable participatory-democratic climate.

Concluding Thoughts

2018 ◽  
pp. 111-114
Author(s):  
Eric M. Freedman
Keyword(s):  
Rule Of Law ◽  
Executive Branch ◽  
Habeas Corpus ◽  
Massive Resistance ◽  
The Rule Of Law ◽  
Guantanamo Bay ◽  
The People ◽  
The Government ◽  
Governing Law

The immediate reaction to the decision in Boumediene v. Bush in favor of the prisoners at Guantanamo Bay was stonewalling. The Executive Branch acted as though the ruling was never made. Congress acted as though it could overrule the Constitution. And, disgracefully, the D.C. Circuit—defying the governing law and the teachings of history—has collaborated in this massive resistance (e.g., Kiyemba v. Obama). Central to its failings has been its panicky abandonment of the principle that whenever an imprisonment is challenged the question a common law judge must answer is not intellectual and abstract but concrete and particular—not what right does the prisoner have to be free but what basis has the government demonstrated to justify this specific deprivation of liberty. A judicial focus on that question safeguards the rule of law against the squalls of political passion that are ever threatening to destroy it, to the detriment of long-term public interest. But even the best judges cannot ultimately save us from ourselves. As We the People exercise power in each succeeding generation, habeas corpus will be no stronger an instrument for the enforcement of the rule of law than the sustained political majority wants it to be.

scholarly journals KEDUDUKAN DAN TANGGUNGJAWAB PRESIDEN DALAM SISTEM PRESIDENSIAL DI INDONESIA

2018 ◽  
Vol 2 (2) ◽  
pp. 173-190
Author(s):  
Moh Hudi
Keyword(s):  
Rule Of Law ◽  
Chief Executive ◽  
The Rule Of Law ◽  
The People ◽  
Head Of State ◽  
Presidential System ◽  
Before And After ◽  
The Government ◽  
Head Of Government

The Government system greatly determines the position and responsibility of the president. Even in the same system of government, the president’s position and responsibility may change, depending  on   The  Rule  of   Law  in a particular country. The position and responsibility of the president in the presidential system in Indonesia has change several times. This can be seen before and after the amandement. President in presidential   System   as  Head  of  Government  and   Head  of   State. So that the president has broad authority. The president is not responsible to the parliament, because institutionally the parliament is not higher than the president as the chief executive, but is responsible to the people as voters.

scholarly journals The Rule of Law and National Security in Nigerian Democracy: A Contemporary Issue under the Aegis of International Law

2021 ◽  
Vol 7 (2) ◽  
pp. 148-168
Author(s):  
Isaac O. C. Igwe
Keyword(s):  
National Security ◽  
International Law ◽  
Rule Of Law ◽  
Freedom Of Speech ◽  
Limiting Factor ◽  
The Rule Of Law ◽  
It Impacts ◽  
Contemporary Issue ◽  
The People ◽  
The Government

Although brutality can repress a society, it never assures the sustainability of that conquest. Tyranny steers the hopeless to despair, edges to rebellion, and could open the door for a new tyrant to rise. Law becomes a limiting factor that must act as a stopgap to the avaricious intentions of a dictator. A democratic leader must incorporate the supremacy of the law and honest officials into his government. He shall also create courts of law, treat the poorest citizens with fairness and build a hall of justice to bring the society to modernity with the operation of the rule of law enshrined in the constitution. Legislation is nothing without enforcement and Law is no law if not accepted and respected by the people. The rule of law cannot be said to be working in a country where the government continues to violate the orders of the court, unlawfully detain its citizens, abuse human rights including arbitrary and extra-judicial executions, unlawful arrests and detentions, embargo on freedom of speech and press, impunity and inhumane torture, degradation of people or exterminations. This treatise will argue on the supremacy of the “Rule of Law” as it impacts Nigerian democracy. Keywords: Rule of Law; Democracy; Judiciary; Supremacy; Government; Tyranny; Nigerian Constitution

State, Sovereignty, and the People: A Comparison of the “Rule of Law” in China and India

2009 ◽  
Vol 68 (1) ◽  
pp. 55-100 ◽  
Author(s):  
Jonathan K. Ocko ◽  
David Gilmartin
Keyword(s):  
Rule Of Law ◽  
Social Order ◽  
The Political ◽  
British India ◽  
Fourth Section ◽  
The Rule Of Law ◽  
China And India ◽  
The People ◽  
History Of

This paper uses the concept of the “rule of law” to compare Qing China and British India. Rather than using the rule of law instrumentally, the paper embeds it in the histories of state power and sovereignty in China and India. Three themes, all framed by the rule of law and the rule of man as oppositional yet paradoxically intertwined notions, organize the paper's comparisons: the role of a discourse of law in simultaneously legitimizing and constraining the political authority of the state; the role of law and legal procedures in shaping and defining society; and the role of law in defining an economic and social order based on contract, property, and rights. A fourth section considers the implications of these findings for the historical trajectories of China and India in the twentieth century. Taking law as an instrument of power and an imagined realm that nonetheless also transcended power and operated outside its ambit, the paper seeks to broaden the history of the “rule of law” beyond Euro-America.

The Judiciary and the Rule of Law in Africa

2019 ◽  
Author(s):  
Charlotte Heyl
Keyword(s):  
Rule Of Law ◽  
Leisure Activities ◽  
Explanatory Power ◽  
Judicial Independence ◽  
The Political ◽  
Informal Networks ◽  
African Region ◽  
Constitutional Review ◽  
The Rule Of Law ◽  
The Government

In a liberal conception of democracy, courts play an important role in facilitating the rule of law by controlling the abidance to rules and by holding the political branches of government accountable. The power of constitutional review is a crucial element for exercising horizontal accountability. Courts across Africa are vested with the power of constitutional review, and, generally speaking, their independence has substantially increased since the beginning of the 1990s—although African courts enjoy overall less independence than the global average for courts’ independence. Within the African region, the level of judicial independence varies widely, between contexts that rarely allow judicial independence and contexts where courts have more power to challenge the government. Furthermore, across the continent, African courts experience undue interference—which frequently takes place informally. Informal interference can occur through the biased appointments of judges, verbal and physical threats, violent attacks, the payment of bribes, or the ouster of sitting judges. Informal networks—held together by ties based on shared educational trajectories, common leisure activities, religion, kinship relations, or political affiliations—are the channels through which such pressure can be transmitted. Yet judges also can actively build informal networks: namely, with the legal community, civil society, and international donors, so as to insulate themselves against undue interference and to increase institutional legitimacy. Research has shown that the agency of judges and courts in signaling impartial decision-making, as well as in reaching out to society, is crucial to constructing legitimacy in the African context. In contrast, the explanatory power of electoral competition as an incentive for power holders to support judicial independence is not straightforward in the context of Africa’s political regimes, where the prospect of losing office is associated with financial, and in some cases even physical, insecurity. However, research on judicial politics in Africa is still only preliminary, because the field requires more comparative studies in order to fully reveal the political repercussions on Africa’s judiciaries as well as to delineate the scope conditions of the prominent theories explaining judicial independence.

Poland-EU constitutional crisis will not end soon

2016 ◽  
Keyword(s):  
Economic Growth ◽  
European Commission ◽  
Rule Of Law ◽  
Content Type ◽  
The Rule Of Law ◽  
Constitutional Tribunal ◽  
The Government ◽  
Polish Government ◽  
The Eu

Subject European Commission concerns about the rule of law in Poland. Significance The Commission has sent a formal Opinion to the Polish government, activating the first stage in the EU's 'Rule of Law Framework'. It expresses concerns about respect for the rule of law in Poland (a fundamental founding value of the EU), and in particular about the Polish government's handling of the crisis over the Constitutional Tribunal (TK, for Trybunał Konstytucyjny) Impacts Poland's EU position is likely to suffer as a result of the dispute, making it more difficult for it to achieve other political goals. Polish politics will remain unsettled and polarised, with the opposition using the Commission's Opinion to challenge the government. Legal uncertainty may translate into lower investment by individuals and enterprises dampening economic growth in the medium-to-long term.

The speeches to the People in Cicero's oratorical corpora

2012 ◽  
Vol 30 (2) ◽  
pp. 153-175
Author(s):  
Gesine Manuwald
Keyword(s):  
Public Opinion ◽  
Political Process ◽  
The Political ◽  
Short Term ◽  
The People ◽  
Political Events

This paper discusses the function of speeches given by Cicero to the popular assembly (contio) as reports about recent political events or decrees. Several of the few extant examples are part of oratorical corpora consisting of speeches from politically difficult periods, namely from Cicero's consular year (63 BCE; Catilinarians) and from his fight against Mark Antony (44–43 BCE; Philippics). Cicero is shown to have applied his oratorical abilities in all these cases to exploit the contio speeches so as to present narrative accounts of political developments in his interpretation and thus to influence public opinion in the short term during the political process and particularly, within an edited corpus, in the long term.

A Tale about Poland – Introduction to the Situation in Poland

2018 ◽  
Vol 64 (4) ◽  
pp. 600-606
Author(s):  
Peter Oliver Loew
Keyword(s):  
Rule Of Law ◽  
Current Situation ◽  
Cultural Discourse ◽  
The Political ◽  
Liberal Politics ◽  
The Rule Of Law ◽  
The Government ◽  
Insight Into ◽  
The Eu

This article provides an in-depth insight into the “Polish peculiarities” that substantially continue to affect the current situation in the country - a country where the rule of law is in danger, where politics and society are dramatically divided, and where images of existent or invented enemies seem to dominate the political and cultural discourse. The article concludes that many questions remain open regarding the respect for the rule of law. The “tale of Poland” is not yet finished: there are several possible scenarios for Poland, ranging from progressing radicalization, to maneuvering of the government in order to satisfy the EU as well as the domestic national-Catholics, to the destruction of the government camp and the return of a majority of the electorate towards pro-European, liberal politics.

scholarly journals Democracy, Constitutionalism and the Rule of Law: Beholden to Constituent Power

2021 ◽  
Author(s):  
◽  
Ivan Sage
Keyword(s):  
Rule Of Law ◽  
Constituent Power ◽  
The Rule Of Law ◽  
The People ◽  
Egalitarian Society ◽  
Parliamentary Supremacy ◽  
The Government ◽  
Principle Of Legality ◽  
Ultimate Principle ◽  
Constitution Making

<p>Democratic government serves two purposes, both requiring that the substantive element of the rule of law be adhered to. A living constitution is required by a government to able to maintain civil society, which is the main occupation of the rule of law and, secondly, the rule of law also vouchsafes rights and freedoms. Hence, the rule of law enforced by the courts is the factor that controls the constitution, and increasingly this includes controlling the government, both the legislature and executive. This paper considers the capacities of democracy, constitutionalism and the rule of law, in the context of both New Zealand’s unwritten and America’s written constitutions, with the view of locating the constitution making power (constituent power). The power that makes and changes the constitution was originally found with the people, parliament, and the executive. However, a modern formulation of the rule of law that seeks to replace parliamentary supremacy as the ultimate principle of legality appears to be arising. An egalitarian society is becoming the preferred option by all parties. In this context, the constitution making power will be with the vessel that is working towards creating such a society. To that end, the paper recommends a Constitutional Commission for New Zealand that would review legislation for constitutionality, including adherence to the rule of law. The objective of the Constitutional Commission would be to recommend the review of law for constitutionality, including adherence to the rule of law.</p>

scholarly journals The Parliament Control on Ombudsman Institution

2017 ◽  
Vol 20 (34) ◽  
pp. 85-96
Author(s):  
Narcisa-Mihaela Stoicu ◽  
Anca-Florina Moroşteş
Keyword(s):  
Rule Of Law ◽  
Executive Power ◽  
Administrative Authority ◽  
The Rule Of Law ◽  
Additional Tool ◽  
Democratic Character ◽  
The Government ◽  
The Individual ◽  
Administrative Structures ◽  
First Time

Abstract The Parliamentary control is exerted not only on the Government but also on some autonomous administrative authorities and on some special bodies under its subordination. The constitutional norms are extremely synthetic on this form of parliamentary control, as only the art. 116 par. 2 of the Constitution stipulates that specialised bodies may be established which to function under Government subordination or as autonomous administrative structures, by organic law. The Ombudsman Institution is an autonomous administrative authority established according to the Constitutional provisions, the activity of which is under Parliament control. For the first time, the Ombudsman has been established in Sweden as additional tool to the control exerted by the Parliament on the executive power. Additional guarantees were enforced by it, as being an institution with democratic character, for the defence of the rule of law and for the protection of the individual rights and freedoms. On the Ombudsman’s appointment and role, the article 58 of the 1991 Romanian Constitution stipulates that the person in charge is to be appointed by the Chamber of Deputies and the Senate in joint meeting, its appointment being of five years and that the Ombudsman cannot have another civil or private service except for the teaching positions in higher education.

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