scholarly journals RELASI HUKUM DAN POLITIK DALAM SISTEM HUKUM INDONESIA

2013 ◽  
Vol 2 (3) ◽  
pp. 361
Author(s):  
Merdi Hajiji
Keyword(s):  
Legal System ◽  
Descriptive Analysis ◽  
Political Influence ◽  
Legal Positivism ◽  
Political Activity ◽  
Law And Politics ◽  
The Law ◽  
Politics And Law ◽  
Relationship Of ◽  
The Relationship

Berbicara tentang relasi antara hukum dan politik adalah bagaimana hukum bekerja dalam sebuah situasi politik tertentu dan tentang hukum sebagai perwujudan dari keadilan. Tulisan ini membahas bagaimana relasi dua hal tersebut di Indonesia serta faktor-faktor apa saja yang mempengaruhi lahirnya hukum dari aktivitas politik dengan menitikberatkan dalam konteks hubungan antara politik dan hukum, termasuk di dalamnya mengkaji apa pengaruhnya politik terhadap hukum dalam sistem hukum di Indonesia. Dengan menggunakan metode penelitian deskriptif analisis melalui studi kepustakaan, didapatkan kesimpulan bahwa hukum di Indonesia sangat dipengaruhi oleh aliran positivisme yang memandang hukum itu terbatas pada yang tertuang dalam peraturan perundang-undangan, bahkan aliran ini akan terus mengokohkan dirinya dalam perkembangan sistem hukum Indonesia ke depan. Nilai-nilai moral dan etika serta kepentingan rakyat dalam kenyataan-kenyataan sosial di masyarakat hanya sebagai pendorong untuk terbentuknya hukum yang baru melalui perubahan, koreksi serta pembentukan peraturan perundang-undangan yang baru.<p>Discussing about the relationship between law and politics is how the law works in a particular political situation and about the law as the embodiment of justice. This article discuss relationship of law and politics in Indonesia and the factors that influence the laws of political activity with emphasis in the context of the relationship between politics and law, including assessing what political influence against the law in the legal system in Indonesia. By using descriptive analysis through the study of literature, it was concluded that the law in Indonesia is influenced by the flow of legal positivism that sees it is limited to that contained in the legislation, it will continue to flow even establish itself in the development of the Indonesian legal system forward. Moral values and ethics and people’s interest in social realities in society just as the driving force for the formation of the new law through changes, corrections and drafting new legislation.</p>

Teaching Legal Research Methods

1983 ◽  
Vol 37 ◽  
pp. 7-8
Author(s):  
John F. Kozlowicz
Keyword(s):  
Political Science ◽  
Civil Liberties ◽  
Undergraduate Curriculum ◽  
Legal Research ◽  
Judicial Process ◽  
Law And Politics ◽  
The Law ◽  
Research Students ◽  
Relationship Of ◽  
The Relationship

The political science undergraduate curriculum has long included courses dealing with substantive aspects of the law. At one time the traditional constitutional law course served as an introduction to the relationship of law and politics. More recently courses such as civil liberties, criminal justice, judicial process, and law and society have become frequent political science offerings. While these and other courses teach students procedural and substantive aspects of the law, many such courses contain student research components as a learning device.Too often, however, political science/ public law training has ignored teaching about the uses of resources for legal research. Students are often directed to the law section of the library to face a batch of new and bewildering resource materials. As a result, Unfamiliar or seemingly intimidating materials such as Shephard's or law digests were often ignored or improperly used by students.

The Transformation of the Trengganu Legal Order

1980 ◽  
Vol 11 (1) ◽  
pp. 1-29 ◽  
Author(s):  
Heather Sutherland
Keyword(s):  
Legal System ◽  
Social Order ◽  
The State ◽  
Legal Order ◽  
Institutional Framework ◽  
Law And Politics ◽  
The Will ◽  
The Law ◽  
The Relationship

The relationship between law and politics is both close and ambiguous. Ideally, the law provides impartial justice, but at the same time it expresses—both actually and symbolically—the will of the state. Consequently, a legal system usually embodies the establishment idea of proper social order, and should provide a legitimate means of enforcing compliance to that idea. It follows then that different societies have different kinds of law: underlying principles, procedure, and the institutional framework vary considerably from place to place.

Corporate Social Responsibility and Government: The Role of Discretion for Engagement with Public Policy

2021 ◽  
pp. 1-29
Author(s):  
Jette Steen Knudsen ◽  
Jeremy Moon
Keyword(s):  
Public Policy ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Integrated Framework ◽  
The Law ◽  
Corporate Social ◽  
Relationship Of ◽  
The Relationship

We investigate the relationship of corporate social responsibility (CSR) (often assumed to reflect corporate voluntarism) and government (often assumed to reflect coercion). We distinguish two broad perspectives on the CSR and government relationship: the dichotomous (i.e., government and CSR are / should be independent of one another) and the related (i.e., government and CSR are / should be interconnected). Using typologies of CSR public policy and of CSR and the law, we present an integrated framework for corporate discretion for engagement with public policy for CSR. We make four related contributions. First, we explain the dichotomous and the related perspectives with reference to their various assumptions and analyses. Second, we demonstrate that public policy for CSR and corporate discretion coexist and interact. Specifically, we show, third, that public policy for CSR can inform and stimulate corporate discretion and, fourth, that corporations have discretion for CSR, particularly as to how corporations engage with such policy.

scholarly journals GENERAL LEGAL AND THEORETICAL ASPECTS OF COUNTERING RELIGIOUS EXTREMISM

2019 ◽  
Vol 29 (5) ◽  
pp. 673-680
Author(s):  
V.E. Zvarygin ◽  
A.S. Kondakov
Keyword(s):  
Religious Movements ◽  
New Religious Movements ◽  
Traditional Religion ◽  
Religious Philosophy ◽  
Law And Politics ◽  
Religious Extremism ◽  
Main Emphasis ◽  
Emerging Issues ◽  
Relationship Of ◽  
The Relationship

The main problems and philosophical issues of countering religious extremism, as well as emerging issues of religious philosophy and metaphysics are revealed. A comprehensive analysis of the problem of religious extremism in various aspects is carried out from the standpoint of law, philosophy, political science, psychology, sociology. The philosophical essence of religious extremism is established as a violation of socially acceptable behavior and established relations. Variants of human behavior after interaction with traditional religion and new religious movements are considered. Levels of destructiveness of religious extremism, methods and ways of counteracting it are revealed. The essence of states controlled by extremist-minded leaders is analyzed. It is noted that in most scientific works the problematic issues of manifestations of religious extremism are studied in the context of political, legal and socio-philosophical manifestations, as well as from the relationship of religious philosophy and metaphysics, and when defining the concept of religious extremism the main emphasis is made on principles of law and politics with application of base categories of ideology.

scholarly journals Upaya Pengembangan Diri Siswa melalui Layanan Bimbingan dan Konseling Sekolah Menengah Atas di Provinsi Banten

2020 ◽  
Vol 4 (1) ◽  
pp. 75-84
Author(s):  
Salman Tumanggor
Keyword(s):  
High School ◽  
Principal Leadership ◽  
Teacher Performance ◽  
Descriptive Analysis ◽  
Guidance And Counseling ◽  
Guidance Counseling ◽  
Technical Facility ◽  
Self Development ◽  
Relationship Of ◽  
The Relationship

SELF-STUDENTS DEVELOPMENT BY GUIDANCE AND COUNCELING SERVICE IN HIGH SCHOOL AT BANTEN PROVINCE. Guidance and counseling program organized to support the achievement of the educational objectives of the school as a whole. The based goal is essentially to prepare students through guidance, teaching, and training for their roles in the future. The efforts of self-development especially the high school student are the principal leadership approach to motivated the resources in school the are guidance and counseling teacher performance specifically services to the students and technical facilities as a media to help guidance and counseling teacher directed students to make their decisions. The purpose of this research is to know the relationship of principal leadership, teacher performance guidance counseling and a technical facility with self-students development. This research uses descriptive analysis method of correlation with the quantitative approach. Data collection by questionnaires. The sample used purposive sampling at senior high school in Banten province. The results show a relationship principal leadership with self-students development, guidance and counseling teacher performance with self-students development, technical facility with self-students development, the relationship of principal leadership, guidance and counseling teacher performance and technical facilities with self-students development. The effort of self-students development can be improving by principal leadership, guidance, and counseling teacher performance and technical facilities.

scholarly journals Fact Finding and the World Court

1969 ◽  
Vol 7 ◽  
pp. 150-191
Author(s):  
W. F. Foster
Keyword(s):  
State Sovereignty ◽  
The World ◽  
International Tribunals ◽  
The Law ◽  
International Adjudication ◽  
Fact Finding ◽  
Relationship Of ◽  
The Relationship

The relationship of state sovereignty and the jurisdiction of international tribunals presents one of the main problems in the law of international adjudication. Submission to the jurisdiction of a tribunal implies a partial surrender of sovereignty. The extent of the surrender may be said to be proportionate to the degree of discretion open to the tribunal concerned when deciding a case submitted to it. The present study will deal with an important aspect of this judicial freedom of determination, namely, the extent to which the World Court can seek to discover the facts and circumstances of a dispute independently of the evidence and information brought before it voluntarily by the parties.

The gypsy’s lot: myth and reality

2017 ◽  
Author(s):  
Robert Jago
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Lived Experiences ◽  
European Court ◽  
The Law ◽  
The Uk ◽  
The Relationship

This chapter focuses on the lived experiences of gypsies (collectively referred to as gypsies rather than Roma or travellers). The author argues that the relationship between the legal system and the specific lifestyle of this group is itself causing many tensions which cannot be separated from the long-held myths about gypsies. Jago shows how the standing of gypsies in the UK legal system has, in turn, become the object of various myths. He demonstrates how judgements by the European Court of Human Rights in favour of gypsy claims created in many an image of the law being always on the side of the gypsy. A perception which Jago demonstrates is far from true. After addressing the nature and role of myths in general the author illustrates the tension between positive, romanticised myths about the freedom of gypsy lifestyle and three derogatory myths, namely gypsies as "child-snatchers", as thieves and as "land grabbers". Jago illustrates that these myths are linked to deep-rooted beliefs around property and its ownership.

competency in a narrow field of practical legal method and practical reason. Then, a philosophical argument will be appreciated, considered, evaluated and either accepted or rejected. This is not a theoretical text designed to discuss in detail the importance of a range of legal doctrines such as precedent and the crucial importance of case authority. Other texts deal with these pivotal matters and students must also carefully study these. Further, this is not a book that critiques itself or engages in a post-modern reminder that what we know and see is only a chosen, constructed fragment of what may be the truth. Although self-critique is a valid enterprise, a fragmentary understanding of ‘the whole’ is all that can ever be grasped. This is a ‘how to do’ text; a practical manual. As such, it concerns itself primarily with the issues set out below: How to … (a) develop an awareness of the importance of understanding the influence and power of language; (b) read and understand texts talking about the law; (c) read and understand texts of law (law cases; legislation (in the form of primary legislation or secondary, statutory instruments, bye-laws, etc), European Community legislation (in the form of regulations, directives)); (d) identify, construct and evaluate legal arguments; (e) use texts about the law and texts of the law to construct arguments to produce plausible solutions to problems (real or hypothetical, in the form of essays, case studies, questions, practical problems); (f) make comprehensible the interrelationships between cases and statutes, disputes and legal rules, primary and secondary texts; (g) search for intertextual pathways to lay bare the first steps in argument identification; (h) identify the relationship of the text being read to those texts produced before or after it; (i) write legal essays and answer problem questions; (j) deal with European influence on English law. The chapters are intended to be read, initially, in order as material in earlier chapters will be used to reinforce points made later. Indeed, all the chapters are leading to the final two chapters which concentrate on piecing together a range of skills and offering solutions to legal problems. See Figure 1.1, below, which details the structure of the book. There is often more than one solution to a legal problem. Judges make choices when attempting to apply the law. The study of law is about critiquing the choices made, as well as critiquing the rules themselves. However, individual chapters can also be looked at in isolation by readers seeking to understand specific issues such as how to read a law report (Chapter 4) or how to begin to construct an argument (Chapter 7). The material in this book has been used by access to law students, LLB students and at Masters level to explain and reinforce connections between texts in the construction of argument to non-law students beginning study of law subjects.

2012 ◽  
pp. 16-16
Keyword(s):  
European Community ◽  
Law Students ◽  
Philosophical Argument ◽  
Crucial Importance ◽  
Legal Rules ◽  
Legal Method ◽  
Legal Problems ◽  
The Law ◽  
Relationship Of ◽  
The Relationship

Covenant Fidelity and Culture Wars

2017 ◽  
Author(s):  
Cathleen Kaveny
Keyword(s):  
Culture Wars ◽  
Hostile Takeover ◽  
Neutral Field ◽  
Last Stage ◽  
Legal Strategy ◽  
The Law ◽  
Relationship Of ◽  
The Relationship

This chapter grapples with the evolving and sometimes contradictory ways in which Paul Ramsey approaches secular law in his efforts to work out the relationship of love and justice. Over the course of three decades, Ramsey moves from treating the law as a rich locus of insight on the concrete requirements of that relationship, to viewing the law a more or less neutral field ripe for the application of Christian norms, to depicting law as the menacing subject of a hostile takeover by secular liberal values. The chapter contends that this last stage is a harbinger of the legal strategy used by socially conservative culture warriors in later decades. It also argues that Ramsey never fully confronts the question of how law should respond to the phenomenon of human sinfulness.

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