scholarly journals Perbandingan Dewan Perwakilan Daerah (DPD RI) dengan Negara Lain

Wajah Hukum ◽  
2020 ◽  
Vol 4 (1) ◽  
pp. 200
Author(s):  
Abustan Abustan
Keyword(s):  
Code Of Ethics ◽  
Political Representation ◽  
Active Role ◽  
Problem Formulation ◽  
The State ◽  
The Political ◽  
Fifth Amendment ◽  
Formal Authority ◽  
Representative System ◽  
The Right

The basic idea of the establishment of DPD is the desire to better accommodate regional aspirations and also give a major role to the region in the political decision-making process for matters relating to the region. In the document of Strategic Plan (Renstra) of the House of Regional representatives (DPD) period 2015-2019 mention that the main objective of DPD RI is the realization of DPD RI as one of the State institutions that play an active role and maintain a balance in the state authority in the field of legislative, through the optimization of the implementation of the parliamentary function. The problem formulation in this journal is how to increase the status of DPD in establishing and strengthening the political representation in Indonesia and how to setup the authority of the Regional Representative Council (DPD) Republik Indonesia (RI) when compared with other countries. The discussion in this journal is the change of UUD 1945 to change the system of representatives in the state of Indonesia that previously did not reveal the actual representation. With the presence of the DPD, in the Indonesian representative system, the DPR is supported and should be strengthened by the DPD. With such conditions, the DPD institution has a very high legitimacy, which should have a high formal authority anyway, but in reality the formal authority is very low. The arrangement of the authority of DPD must be done through the Fifth Amendment UUD 1945. This is necessary for the DPD to have a constitutional certainty, so it will guarantee the continuity of the performance of DPD in the present and future. This arrangement is done by considering two things: first, Dpdas the same representative institution with the House of Representatives, should be engaged optimally in the process of making political decisions nationally. Secondly, the Fifth Amendment of the UUD 1945 is intended to assert the DPD as an institution that holds the authority to form legislation; Has a function of legislation; budget function; and surveillance functions; Then to change the articles that have been debilitating the DPD, namely related to the authority to file a RUU, discussing the RUU and also give the last consideration, this change is also done so that the DPD can then supervise with the giving of the right to ask questions, the right to ask for information and the right of a questionnaire and DPD RI through its tools (honorary body) in charge of implementing the code, is expected to always evaluate and revise the rules of DPD RI that is deemed to be no So ideally, do a comparison of the code of ethics with other countries, in order to minimize the misuse of budgets, duties and authorities.

scholarly journals Rektor C.J.L. Almqvist och personlighetsprincipen

2014 ◽  
Vol 1 (2) ◽  
pp. 43-61
Author(s):  
Annika Ullman
Keyword(s):  
Elementary School ◽  
The State ◽  
The Political ◽  
Individual Freedom ◽  
Pilot School ◽  
The Government ◽  
Existential Dimension ◽  
The Right ◽  
Liberal Culture

Principal C.J.L. Almqvist and the principle of personalityThe Swedish author and visionary Carl Jonas Love Almqvist (1793–1866) was the principal for twelve years (1829–1841) of the government-initiated pilot school ”Nya Elementarskolan” (New Elementary School) in Stockholm. In this position, he argued that both the school and the state should be built on the same basic idea: the right of individual freedom. This argument is often referred to as ”personlighetsprincipen” (the principle of personality), a concept launched by another prominent figure of the liberal culture of the time, Erik Gustaf Geijer (1783–1847). This article explores how the principle of personality is expressed in the texts of Almqvist and is mainly built upon the concept’s allegorical resources. It examines the thesis that Almqvist’s use of the term is best understood if one distinguishes between the political, pedagogical, and existential dimension of the concept. The article ends with some thoughts about the context of the concept and a discussion on whether Almqvist had a greater interest in personalities than in principles.

Anti-Indian factions in Bangladeshi Politics (1971 – 2014): A Brief Survey

Ensemble ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 117-122
Author(s):  
Soham DasGupta ◽  
Keyword(s):  
Foreign Policy ◽  
Active Role ◽  
The State ◽  
The Political ◽  
Military Rule ◽  
Coup D'etat ◽  
Water Sharing ◽  
Popular Support ◽  
The Government ◽  
The Military

India played an active role in the liberation war of Bangladesh in 1971. The relation between the two countries remained cordial in the initial years but it soon soured with the coup d’etat of 1975. This also marked the rise of the anti-Indian elements in the Bangladeshi politics. This article makes a brief survey of anti- Indian elements that has remained a part and parcel of the political fabric of Bangladesh since 1971. It also looks into the ways in which the anti-India stance has been instrumental in garnering popular support to hold on to political power. The article begins with the background of the creation of Bangladesh and India’s active role in it which was followed by the friendship treaty signed between the two countries. Then it moves to the changing scenario following the coup d’état of 1975 which marked the visible changes within the polity of Bangladesh. The nature of nationalism underwent change moving from secularism to a religious character which found expression in the policies of the state. The military rule most often found it convenient to use the anti-Indian stance in order to please the fundamentalist elements of the country in its bid to garner popular support. The issues of water sharing, refugees and issues of fomenting possible insurgency with active support of India were highlighted. Even after the restoration of democracy, the anti-Indian factions remained active in opposing the government of Sheikh Hasina’s foreign policy with regard to India. Radical religious factions, who had throughout opposed the liberation war, still play a major role in fanning the anti-Indian sentiments in Bangladeshi politics.

Toward a Liberal Theory of Punishment: Locke, Property, and Individualism

2013 ◽  
Vol 8 (1) ◽  
pp. 350-366
Author(s):  
Alfonso Donoso
Keyword(s):  
Critical Analysis ◽  
The State ◽  
Natural Rights ◽  
Liberal Theory ◽  
The Political ◽  
Recent Theory ◽  
Basic Character ◽  
Justification Of Punishment ◽  
The Right ◽  
Political Character

AbstractBy offering a critical analysis of Nicolás Maloberti’s recent theory and justification of punishment, this article accounts for a series of principles and considerations that any liberal and Lockean theory of punishment must take seriously. This article contends that Locke’s conception of the state – an institution grounded on the right to punish violators of natural rights – and the basic character of the right to property within Locke’s scheme of rights are elements that should lead us to affirm that no genuine liberal theory of punishment can dispense with the political character of the right to punish.

scholarly journals RESTRICTIONS OF THE POLITICAL RIGHTS AND FREEDOMS: REGULATORY GROUNDS, MECHANISM OF IMPLEMENTATION

2020 ◽  
pp. 18-24
Author(s):  
O. Kosilova
Keyword(s):  
Human Rights ◽  
Well Being ◽  
The State ◽  
General Nature ◽  
The Political ◽  
Constitutional Court ◽  
Political Rights ◽  
Process Implementation ◽  
Basic Law ◽  
The Right

The article examines the problem of restriction of political rights and freedoms. It is emphasized that the protection against unlawful restrictions on political rights and freedoms is particularly important for the functioning of direct and mediatory democracy. The meaning of the concept of «restriction of rights and freedoms» is analyzed. The article addresses the basic principles which should not be violated when the restriction of rights and freedoms is applied. To achieve this goal, the author analyzes the rules of domestic law, the practice of the Constitutional Court of Ukraine, the rules of international law governing these issues. The author differentiates political rights and freedoms into those that may be restricted in accordance with the provisions of the Basic Law of Ukraine and those that are not subject to any restrictions; features of realization of political rights and freedoms in comparison with other groups of rights, such as social and economic, cultural are defined. Some of the political rights and freedoms that may be restricted are analyzed and ways to restrict them are identified, in particular: the right to join political parties, suffrage, the right to peaceful assembly, rallies, marches and demonstrations, the right to equal access to public service, freedom words, thoughts, views and beliefs. It is noted that from the standpoint of the ECHR it is important to check whether the possibility of restricting the exercise of the right was provided by law; whether the purpose of such a restriction is legitimate; whether such a restriction is necessary in a democratic society. The legitimate grounds for restricting human rights enshrined in the Constitution of Ukraine have been identified: public health; social necessity; rights, freedoms and dignity of citizens; public order; economic well-being; national security; territorial integrity; morality of the population. It is emphasized that in accordance with the practice of the Constitutional Court of Ukraine, the restriction of the content and scope of rights and freedoms should be considered as a restriction. It is important that all restrictions were established exclusively by the constitution; were not arbitrary and unjust; the law restricting human rights must be of a general nature; restrictions must be proportionate and justified; they must optimally achieve a legitimate goal with minimal interference in the exercise of rights or freedoms, not to violate the essential content of the relevant right. It is determined that special qualification requirements for holding public positions, as well as participation in the electoral process (implementation of active and passive suffrage) cannot be considered restrictions. It is emphasized that the state, represented by its organs, should refrain from unjustified interference with political rights (for example, from discriminatory restrictions on the suspension of political rights of prisoners, violation of electoral secrecy of the ballot); take measures against possible violations of political rights by third parties (individuals, companies, etc.). It is concluded that restrictions on the exercise of political rights of individuals can be introduced either in favor of guaranteeing the rights of other individuals, or in favor of ensuring the functioning of the state. The legitimate exercise of political rights can be restricted only if the general conditions for interfering with fundamental human rights are met.

scholarly journals Russian Liberal of the Beginning of the 20th Century in Politics

2018 ◽  
Vol 10 (6) ◽  
pp. 28-43
Author(s):  
F. A. Gayada
Keyword(s):  
Twentieth Century ◽  
The State ◽  
The Political ◽  
Leading Role ◽  
Political Experience ◽  
Early Twentieth Century ◽  
Political Views ◽  
The Government ◽  
The Right ◽  
Short Time

The article examines the political views and practices of Russian liberals in the early twentieth century. Russia’s political destiny of this period directly depended on building constructive relations between the authorities and society. Liberal ideas had a significant impact on the educated public. At the same time, the constructive cooperation between the liberals and the government was the most important condition for the possibility of application of these ideas in domestic political practice. The article examines the political experience of the two largest liberal political parties in Russia – the Cadets and the Octobrists. The author comes to the conclusion that the Russian liberal politician of the early twentieth century could not get out of the role of an idealist oppositionist. He was incapable of recognizing the existing realities and the need for political compromises, which were often perceived as a sign of impotence or immorality. The liberals perceived themselves as the only force capable of bringing Russia to the right, «civilized» path. In the opinion of the liberals, this path was inevitable, therefore, under any circumstances, the liberal movement should have retained its leading role. In the spring of 1917, the liberal opposition was able to defeat its historical enemy (autocracy), but retained power for a very short time. The slaughter of the state machine, which the liberals themselves did not intend to preserve, led them to defeat. Thus, the state was the only guarantor of the existence of a liberal movement in Russia. 

Indigenous Political Representation in Latin America

2017 ◽  
Author(s):  
Roberta Rice
Keyword(s):  
Social Movements ◽  
Latin America ◽  
Civil Society ◽  
Indigenous Peoples ◽  
Latin American ◽  
Political System ◽  
Political Representation ◽  
The State ◽  
The Political ◽  
Indigenous Movements

Indigenous peoples have become important social and political actors in contemporary Latin America. The politicization of ethnic identities in the region has divided analysts into those who view it as a threat to democratic stability versus those who welcome it as an opportunity to improve the quality of democracy. Throughout much of Latin America’s history, Indigenous peoples’ demands have been oppressed, ignored, and silenced. Latin American states did not just exclude Indigenous peoples’ interests; they were built in opposition to or even against them. The shift to democracy in the 1980s presented Indigenous groups with a dilemma: to participate in elections and submit themselves to the rules of a largely alien political system that had long served as an instrument of their domination or seek a measure of representation through social movements while putting pressure on the political system from the outside. In a handful of countries, most notably Bolivia and Ecuador, Indigenous movements have successfully overcome this tension by forming their own political parties and contesting elections on their own terms. The emergence of Indigenous peoples’ movements and parties has opened up new spaces for collective action and transformed the relationship between Indigenous peoples and the state. Indigenous movements have reinvigorated Latin America’s democracies. The political exclusion of Indigenous peoples, especially in countries with substantial Indigenous populations, has undoubtedly contributed to the weakness of party systems and the lack of accountability, representation, and responsiveness of democracies in the region. In Bolivia, the election of the country’s first Indigenous president, Evo Morales (2006–present) of the Movement toward Socialism (MAS) party, has resulted in new forms of political participation that are, at least in part, inspired by Indigenous traditions. A principal consequence of the broadening of the democratic process is that Indigenous activists are no longer forced to choose between party politics and social movements. Instead, participatory mechanisms allow civil society actors and their organizations to increasingly become a part of the state. New forms of civil society participation such as Indigenous self-rule broaden and deepen democracy by making it more inclusive and government more responsive and representative. Indigenous political representation is democratizing democracy in the region by pushing the limits of representative democracy in some of the most challenging socio-economic and institutional environments.

Impact of Political Instability on the Reality of Iraqi Political Parties: A Study According to the Results of the 2018 Elections

2018 ◽  
Vol 5 (2) ◽  
pp. 151-162
Author(s):  
Hamsa Kahtan Khalaf
Keyword(s):  
Political Parties ◽  
Political Institutions ◽  
Political Instability ◽  
Political Process ◽  
Political Stability ◽  
Active Role ◽  
The State ◽  
Political Life ◽  
The Political ◽  
Political Forces

Abstract The Iraqi political parties had been affected since 2003 by the political pivotal transformations which happened according to the aftermaths of democratic elections , especially under the disruptions of American’s invasion that led in cooperation with its allies in April 2003 .So the social and political situations became ruling according to the new aspects of practicing the new stage of authority as compromise settlements and quota and ethno - sectarian distribution to be as following as compatible with theory of practicing the authority responsibilities(Power sharing ) as what happened now , besides to that all political democracy scene has greatly been distorted because of the instability penetrated within rebuilding the state and its institutions from the beginning as planned by an active powerful political forces . Many functions that are characterized by competitions among the political parties had changed the concepts of exercising democracy in a real way to be done an effective shape ,because of the political and social actors had different role ,which were being a reflection of another reality within the democracy’s process .So that all the situations had been complicated too much owing to the factors of political instability that influenced negatively on the framework of the state , especially the impacts of economic and social factors as of poverty, stagnation , ignorance and disease and another underdevelopment features which predominated over political and social retrogression levels . In addition to that the absence of an efficient administrative elites , which appeared recently under different conditions and circumstances .So it was became very obviously as we know precisely that democracy’s process in Iraq since 2003 was comprehensively undemocratic in practicing because the political forces have not democratic culture that encourage the dialogue to solve all pending problems , and have not abundant tolerance to accept the differences of others parties yet . The phenomenon of the political instability has divided into different varieties by which scattering among the addresses of suspicion and it definitely has a sectarian discourse dimension in case of dealing among each other . So these addresses and dialogues were being away from the political national conformity correctly , because of there was something like definitely as the exclusion and marginalization discourses in order to narrowing any active political party within the political process try to do pro - active role to settle all pending crises . Furthermore , the reality of political life has been under the continuous crises and conflicts over an authority along time not to gain gradually the outcomes of procurement during application the constitution clauses and valid laws , in order to preserving the political stability and to be done more far from the national unity fragmentation and the weakness of political institutions . Finally , we need too much time to reach into condition of stability , especially after opening anew spaces toward active real participation , and because there was a growing need for educated people who could administer the society and the state institutionally by existing strong government, and ultimately peoples will have ability to form new political governing elites later.

When the State Speaks, What Should It Say?

2012 ◽  
Author(s):  
Corey Brettschneider
Keyword(s):  
Freedom Of Expression ◽  
Active Role ◽  
The State ◽  
Free Expression ◽  
Democratic Values ◽  
Limiting State ◽  
State Coercion ◽  
Legitimate State ◽  
The Right

This chapter focuses on democratic persuasion. Although democratic persuasion stresses the importance of an active role for the legitimate state in promoting democratic values, value democracy does not abandon all accounts of neutrality in thinking about freedom of expression. The Supreme Court's doctrine of viewpoint neutrality is appropriate as a standard for limiting state coercion. Viewpoint neutrality means that all viewpoints, regardless of their content, should be protected by freedom of expression, provided they are not direct threats to individuals. However, while viewpoint neutrality is appropriate as a standard for applying the right of free expression to citizens, it is misplaced as a guide to determining the state's own expression and what it should say. The chapter argues that the state should be non-neutral in its persuasive and expressive roles.

scholarly journals ANALISIS KEBIJAKAN WALI KOTA PROBOLINGGO DALAM PELAKSANAAN PEMBINAAN KEPEGAWAIAN DI LINGKUNGAN PEMERINTAHAN KOTA PROBOLINGGO

2021 ◽  
Vol 3 (2) ◽  
pp. 20-31
Author(s):  
Husni Mubaroq ◽  
Sohibul Watoni ◽  
Zairotul Hasanah
Keyword(s):  
Analytical Methods ◽  
Civil Servant ◽  
The State ◽  
Political Elite ◽  
The Political ◽  
Regional Government ◽  
The Government ◽  
The Right ◽  
The City

The concept of decentralization is the authority of the government that is delegated to the regions, including the authority of personnel in accordance with the decentralized functions. The regional head has the task of being a coach of the State Civil Apparatus in the concept of decentralization. There was a case that the Mayor of Probolinggo issued a decree to remove Tutang Heri Aribowo, who served as an Expert Staff at the Regional Secretariat of the City of Probolinggo. The Regional Government as a civil servant coach tends to abuse its authority. This happens because there is the influence of the political elite in giving disciplinary punishment to employees. The author wants to describe the problem in a study that uses descriptive analytical methods, namely descriptions of the facts and characteristics of a particular population or area in a systematic, factual and thorough manner. The data in this study collected materials by means of a library study. This study also uses a normative juridical method with a statutory approach. So that in this study we know the legal basics of this problem. In order to know the proper process and institution related to the case problem. This aims at employee disputes on the right track and there is no arbitrariness by the ASN supervisor. Keywords: Employment Disputes, Authority, Personnel Advisor

scholarly journals DEMOCRACIA E CRIMINALIZAÇÃO DOS MOVIMENTOS SOCIAIS NO BRASIL: as manifestações de junho de 2013

2016 ◽  
Vol 19 (2) ◽  
pp. 393
Author(s):  
Ilse Gomes Silva
Keyword(s):  
Social Movements ◽  
Working Class ◽  
Political Participation ◽  
Freedom Of Expression ◽  
Living Conditions ◽  
The State ◽  
The Political ◽  
State Action ◽  
Brazilian State ◽  
The Right

Resumo: O artigo tem como objetivo levantar elementos para a análise da ação do Estado brasileiro diante das manifestações de junho de 2013 e compreender o processo de criminalização dos movimentos sociais. As manifestações de junho de 2013, em todo o território brasileiro, denunciaram a precarização das condições de vida da população e a forma violenta do Estado tratar a classe trabalhadora quando ousa reivindicar seus direitos. Diversos movimentos sociais estão nas ruas exercendo o direito à participação política e pressionando as instituições da democracia. A reação violenta do Estado brasileiro a estas manifestações indicam que direitos duramente conquistados, como a liberdade de expressão e organização, estão ameaçados, o que coloca em risco a participação política da classe trabalhadora e, consequentemente, a democracia.Palavras-chave: Poder político, autoritarismo, movimentos sociais, democracia.DEMOCRACY AND CRIMINALIZATION OF SOCIAL MOVEMENTS IN BRAZIL: the manifestations on june 2013Abstract: The article aims to identify elements for the Brazilian state action on the analysis of the manifestations on June 2013 and understand the process of criminalization of social movements. The manifestations on June 2013, in all of Brazil, denounced the deterioration of people’s living conditions and the violent way the state treat the working class when it dares to claim their rights. Diverse social movements are on the streets exercising the right to political participation and exerting pressure on institutions of democracy. The violent reaction of the Brazilian state to these demonstrations indicate that hard-won rights such as freedom of expression and organization, are threatened, which endangers the political participation of the working class and hence democracy.Key words: Political power, authoritarianism, social movements, democracy.

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