scholarly journals ANALISA YURIDIS TERHADAP SISTEM KAMERAL MAJELIS PERMUSYAWARATAN RAKYATSESUDAH PERUBAHAN UNDANG-UNDANG DASAR 1945

to-ra ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Fernando Silalahi
Keyword(s):  
John Locke ◽  
The State ◽  
Power Sharing ◽  
Judicial Power ◽  
Executive Power ◽  
Political Justice ◽  
Legislative Power ◽  
Basic Law ◽  
Democratic State ◽  
Distribution Of Power

Abstract In the life of a state that longs for a political justice, surely in the Basic Law or the Constitution in the country the inventor of his ideas and / or its founders have included a power sharing system that seeks to re ect political justice. If it must be connected with the form of the state, in fact this idea remains rooted in political justice. In the distribution of power, which according to John Locke is divided into legislative power, executive power, and judicial power, there must be authority that is balanced with each other and not overlapping. This was stated by John Locke so that power is not centralized within one institution, thereby reducing the risk of abuse and creating a democratic state.   Keywords: political justice; legislative power; judicial power; democratic state.

scholarly journals TRIAS POLITICA DALAM PERSPEKTIF FIKIH SIYASAH

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Wery Gusmansyah
Keyword(s):  
Civil Law ◽  
Power Sharing ◽  
Judicial Power ◽  
Executive Power ◽  
Legislative Power ◽  
Law Of Nations ◽  
The Law

According to the concept of the trias politica Montesquieu, in every government there are three kinds of powers, namely the legislative power, the executive power, on matters pertaining to the law of nations; and judicial power on matters that depend on civil law ". According to him, these three types of power must be separate from each other, both about the task (function) and the equipment (organ) that organize it. Basically, the concept of trias politica does not conflict with the jurisprudence of siyasah. The implementation of this power-sharing can be seen in the time of the khulafaurrasyidin. At that time the executive power held by a caliph, the legislative power held by the Council of Shura, and the power of the judiciary held by Qadhi or judge. Then, during the second caliphate of Umar bin Khattab, the division of power between the executive, the legislative, and the judiciary was elaborated by law. At this time, Umar bin Khattab made a law that separates the executive and legislative powers, with the aim that the qadhi as the holder of the judicial power in deciding cases can be free from executive influence

scholarly journals Political Law Regulation of Judicial Institutions in Exercising the Powers of an Independent Judgment: Before and After Amendments to the 1945 Constitution

2020 ◽  
Vol 1 (2) ◽  
pp. 119-128
Author(s):  
Salahudin Pakaya
Keyword(s):  
Supreme Court ◽  
Power Law ◽  
John Locke ◽  
Separation Of Powers ◽  
Judicial Power ◽  
Executive Power ◽  
New Order ◽  
Old Order ◽  
The Supreme Court ◽  
Before And After

The Supreme Court is a judicial institution that has existed since the Indonesian state was formed in 1945. This institution was formed based on the mandate of the constitution in article 24 of the 1945 Constitution, namely "judicial power is exercised by a Supreme Court and other judicial bodies according to law". But in fact, in the course of Indonesia's national and state life from its independence in 1945 to 1998, the judicial power exercised by the Supreme Court was not free and independent, both institutionally and independently of its judges. The influence of the executive power held by the president on the judicial power exercised by the Supreme Court can actually be observed in the politics of regulating judicial power through laws by the executive and legislative bodies during the old order government (President Soakarno 1945-1966) and the new order (President Soeharto 1967-1998). The judicial power law that was formed has actually subordinated the judiciary under the power of the president. This is the result of efforts to form the state of Indonesia as a country based on kinship that does not adhere to a separation of powers (executive, legislative and judicial) as the trias politica concept put forward by John Locke and Montesquie. With the 1998 reforms which in turn succeeded in amending the 1945 Constitution in order to realize the Indonesian state as a democratic legal state, the judiciary has been strengthened as an institution that is truly free and independent from the influence of extra-judicial powers.

scholarly journals DOCTRINAL PROVISIONS OF THE CRIMINAL LEGAL POLICY OF THE STATE IN THE SPHERE PROTECTION OF MILITARY SECURITY OF UKRAINE

2019 ◽  
pp. 84-96
Author(s):  
Y. Lutsenko
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
The State ◽  
Modern Concept ◽  
Law Enforcement Agencies ◽  
Legal Policy ◽  
Basic Law ◽  
Democratic State ◽  
Military Security ◽  
Criminal Legislation

The article provides a scientific analysis of theoretical and practical problems that exist when implementing the criminal-legal policy of the state in the field of the protection of military security of Ukraine. Taking into account the existing challenges and threats facing the Ukrainian, sovereign, democratic state, and before the whole civilizedworld today, the place, tasks and goals of the criminal-legal policy of the state are determined, its role in the sphere of military security of Ukraine is comprehended. The work focuses on the concept and essence of criminal-law policy, clarifies its place and role in the state in counteracting the socially dangerous acts of the present. Attention is drawn to the fact that the state policy in the sphere of counteracting crime, which is being conducted now in Ukraine, should be developed taking into account new scientific developments, theoretical and practical recommendations of scientists, first of all, lawyers. The absence of a holistic, modern concept of the criminal-law policy of the state, as well as the development of the national legislation on criminal liability, leads to inconsistencies and inconsistencies with certain norms of the criminal legislation of Ukraine and other subordinate normative legal acts, including the Basic Law - the Constitution of Ukraine, which, in its turn, entails significant problems in the activity of law enforcement agencies of Ukraine.

Prerogative and the Rule of Law in John Locke and the Lincoln Presidency

2005 ◽  
Vol 67 (1) ◽  
pp. 77-112 ◽  
Author(s):  
Sean Mattie
Keyword(s):  
Civil War ◽  
Rule Of Law ◽  
John Locke ◽  
The State ◽  
Political Community ◽  
Fundamental Importance ◽  
Executive Power ◽  
The Political ◽  
The Rule Of Law ◽  
State Of Nature

Locke's Second Treatise of Government argues for the rule of law as just and rightful politics, not only in the fundamental legislation that is the constitution but also in regular governance by the legislature. Locke also argues for executive prerogative, the power of doing good without or even against law during contingency and necessity. Rule by legislation and rule by prerogative each preserve the political community and reflect its foundation out of the state of nature. But they do not easily coexist in the constitution, which provides no means to judge the rightful use of prerogative. President Lincoln's strong, discretionary actions during the crisis of the Civil War illustrate Locke's argument about prerogative's fundamental importance and its problematic relation to ordinary lawfulness. However, as Lincoln recognized, both the Constitution and Congress formally provided for an executive power that was remarkably compatible with the rule of law—and that thereby responded to the Lockean problem.

Powers and Functions of the Japanese Diet

1933 ◽  
Vol 27 (6) ◽  
pp. 885-898 ◽  
Author(s):  
Kenneth Colegrove
Keyword(s):  
Separation Of Powers ◽  
The State ◽  
Executive Power ◽  
Basic Difference ◽  
New School ◽  
Fundamental Nature ◽  
Legislative Power ◽  
Constitutional System ◽  
Modern Sense ◽  
Japanese Diet

The place of the Diet in the Japanese constitutional system is a subject of some controversy. Jurists of the old school, typified by the teachings of Hozumi, tend to minimize the representative character of the legislature and to magnify the limitations of its authority, while the new school, led by Minobe, stresses the possibility of parliamentary development.The basic difference between the two schools is found in their respective attitudes toward the theory of separation of powers. Hozumi holds that the kokutai, or fundamental nature of the Japanese state, is unique. The Emperor is not merely an organ of the state. He is the state. He retains the tochi-ken, the authority of his ancestors, or sovereignty in the modern sense. The tochi-ken is supreme, perfect, and indivisible. The exercise of this authority, however, takes a three-fold form, namely, as gyosei-ken, or the executive power, rippo-ken, or the legislative power, the shiho-ken, or the judicial power.

scholarly journals REFORMASI HUKUM DAN POSISI PERADILAN AGAMA DI INDONESIA

ALQALAM ◽  
2009 ◽  
Vol 26 (1) ◽  
pp. 45
Author(s):  
JAENAL ARIPIN
Keyword(s):  
Legal Culture ◽  
Judicial Power ◽  
Executive Power ◽  
Paradigm Change ◽  
The Law ◽  
Distribution Of Power ◽  
The Moment ◽  
The Way

The Religious Court has changed in the way of the law paradigm change applied in Indonesia by applying the concept of separation of power, not distribution of power. Its status and position as the administrator of judicial power, has the independency at the moment because it is not under the executive power any longer. Its competence, has also changed with new competencies: syari'ah economy, the enactment of ancestry and adoption, and of hisab and rukyah. But the material law is not changed in either old or new competency. Because there is no change in law material, the judges perform not only as the law administrator but also as the law interpreter/ rechstvinding on law in book, law in concretto, and/or living law like in legal culture. This is meant that justice seekers will ftel the pure justice.

The Crisis or consolidation of populism in Mexico?

2021 ◽  
pp. 22
Author(s):  
Alberto Javier Olvera
Keyword(s):  
Transition To Democracy ◽  
The State ◽  
Judicial Power ◽  
Political Regime ◽  
Legal Institutions ◽  
Democratic State ◽  
The Media

The overwhelming triumph of Andrés Manuel López Obrador in the elections of 2018 was the outcome of the legitimacy and representation`s crisis in which the transition to democracy regime had been involved. That regime had promoted a neoliberal project. Finally, it failed to build a democratic State in Mexico. López Obrador deems that only the concentration of power in the presidency and the restoration of the economic and political hegemony of the State can solve the crisis. The author explains that in order to do that, López Obrador has decided to ignore most of the laws and legal institutions, to polarize the country by means of an openly populist discourse and to attack the judicial power and the media. However, his project, according to the author, is unviable both economically and politically, a situation that increases the risks of an authoritarian turn in the Mexican political regime.

scholarly journals Przyczynek do dyskusji nad pojęciem systemu rządów

2018 ◽  
pp. 49-56
Author(s):  
Marta Michalczuk-Wlizło ◽  
Radosław Żmigrodzki
Keyword(s):  
Political System ◽  
The State ◽  
Judicial Power ◽  
Political Regime ◽  
Executive Power ◽  
Legal Regulations ◽  
Real Relationship ◽  
Governmental System

The considerations presented in this paper are focused on the issue of governmental systems. The authors try to outline the main problems and dilemmas as concerns its definitions. They point to the normative elements of governmental systems and discuss the issue of efficiency, because every governmental system is defined by formal (established in legal regulations) as well as the actual, or real, relationship between the legislative and executive power. While the interdependence of legislative and executive power is the main focus here, judicial power is also referred to. In order to comprehensively present and characterize a given governmental system it is advisable to account for the legal and constitutional aspects, as well as practical ones. The concept of a political regime or a political system in relation to governmental systems is also discussed, and criteria for the analysis of the interdependence of individual powers in the state are indicated.

Sign in / Sign up

Export Citation Format

Share Document