KAJIAN YURIDIS MENGENAI IMPLEMENTASI PENGECUALIAN ASAS MONOGAMI DALAM PERKAWINAN BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DI KOTA TANGERANG (Studi Kasus: Pengadilan Agama Kota Tangerang)

2021 ◽  
Vol 17 (1) ◽  
pp. 68-77
Author(s):  
Sri Jaya Lesmana ◽  
Fitri Fitri ◽  
Alfan Anudatar
Keyword(s):  
Research Methods ◽  
The State ◽  
The Other ◽  
Positive Law ◽  
Other Hand ◽  
The City

  In the rules of law that govern marriage / marriage, there is a recognized sasas which is one of the important ingredients in that line, namely the sasas of smonogamy. Smonogamy is a principle in the line of marriage / marriage in which a man as a husband is not allowed to have more than 1 (one) wife, so on the other hand, a woman as a legal wife can have 1 (one) husband. However, sdi sasas smonogamy in Law Number 1 s of 1974 s Regarding marriage, it provides an exception regarding the sasas, that is, a man can have more than someone else's system if only it is subject to the consent of the first wife. From this background, a problem is obtained, namely how the attitudes of the spouses of the city of Tangerang regarding the principle of monogamy which can be put aside according to Law Number 1 of 1974 s Regarding marriage, as well as what are the constraints, impacts, mechanisms and solutions for implementing the exclusion of the monogamy principle. This research uses normative research methods. The results of this study are the exception to the principle of monogamy as regulated in Law Number 1 of 1974 concerning Marriage, which is a rule that is absorbed from the principles in Islamic Sharia and verified by the state for the implementation of these rules in Indonesia with a mechanism in place. by the state in order to minimize the existence of a polygamy practice that is not covered by positive law in Indonesia, which can result in losses incurred to one of the parties from the existence of this practice. Keywords: Exception, monogamy principle, marriage

scholarly journals STRUCTURAL ANALYSIS OF LEGAL CULTURE

2016 ◽  
pp. 0-0
Author(s):  
Алексей Автономов ◽  
Alyeksyey Avtonomov
Keyword(s):  
Structural Analysis ◽  
Research Methods ◽  
Social Environment ◽  
Legal Culture ◽  
The State ◽  
The Other ◽  
Other Hand ◽  
The One ◽  
And Behavior ◽  
Theoretical Issues

The article is devoted to theoretical issues of using one of the research methods — structural analysis — for legal culture studying. Legal culture is a kind of a layer in social environment that represents one of the regulatory types. Law in its functioning is closely connected with the state, but rules of that law are rooted in societal life, resting upon the ideas of fairness which are dominant in the society under specific historical conditions. Legal culture manifests itself in the samples (models) of behavior and values. Legal culture combines the rational and the irrational. Legal culture is formed and developed under concrete historical conditions and, on the one hand, relies on law, being one of the legal phenomena (hence, the existence of law is the indispensable prerequisite for the existence of legal culture), and on the other hand, it is a factor of ensuring law existence and enforcement, because any rules that do not meet the dominant society’s values and predominant behavior samples (models), would be invalid: either they will be ignored and not applied or attempts will be made to adapt them to the values and behavior samples (models) by means of interpretation, enforcement practices, etc. (but as a result of that, the content of the rules will be different), or such rules will be changed or cancelled.

The Justice of Venice

2006 ◽  
Author(s):  
James E. Shaw
Keyword(s):  
Early Modern ◽  
Urban Economy ◽  
The State ◽  
The Other ◽  
Social Division ◽  
Political Career ◽  
Preliminary Step ◽  
Hierarchical Relationship ◽  
Other Hand ◽  
The City

The Giustizia, or ‘Justice’, of Venice was one of the oldest magistracies of the city. Founded in 1173, it played a central role in the administration of the urban economy throughout the medieval and early-modern periods. On the other hand, the three Provveditori sopra la Giustizia Vecchia were elected by the Senate from its own number for a term of 12 months The senators who served as Provveditori generally did so as a preliminary step in an ambitious political career that might take them to the highest positions of the state, such as the Council of Ten. The hierarchical relationship between the two magistracies was therefore underlined by a social division between the types of nobles who served in them. The discussion considers the Provveditori di Comun, the reform of 1565, the Cinque Savi sopra le Mariegole, and discretion and mitigation.

Strafzwecke und Strafrecht

1989 ◽  
Vol 33 (1) ◽  
pp. 109-120
Author(s):  
Rolf-Peter Calliess
Keyword(s):  
Criminal Law ◽  
The State ◽  
The Other ◽  
Way Of Life ◽  
Technological Society ◽  
Positive Law ◽  
Other Hand ◽  
Basic Law ◽  
Criminal Matters

AbstractThe development of criminal law in the ))Society of risks« proves a transition from liberal and constitutional to social and authoritarian criminallaw as criminal matters are integrated into positive law and gain priority over it. The constitution-oriented model of criminallaw as a complex interrelationship between citizens (protection laws for citizens) and the state (defensive law, power monopoly) is re-interpreted to a one-dimensionallegal relationship characterized by punishment being carried out by the state.On the other hand it must be stressed that in the scientific and technological society democracy can no Ionger retain its validity as a form of rule, only as a way of life. Given this precondition criminallaw is aiming at protecting the rights to communication and participation in the society which is based on a basic law.

scholarly journals Destinos Migrantes: Representações Simbólicas, Histórias de Vida e Narrativas

2001 ◽  
Vol 1 ◽  
Author(s):  
Julie A. Cavignac
Keyword(s):  
Rio Grande ◽  
Traditional Culture ◽  
The State ◽  
The Other ◽  
Urban Context ◽  
Other Hand ◽  
Narrative Production ◽  
State Capital ◽  
The City

Este artigo apresenta os resultados de uma pesquisa que vem sendo desenvolvida desde 1995 sobre a memória e as produções narrativas de migrantes oriundos do interior do Rio Grande do Norte, atualmente residindo na Zona Norte da capital do Estado, Natal. O texto apresenta inicialmente o processo de formação da Zona Norte e os fenômenos migratórios existentes na região, para em seguida analisar as histórias contadas pelos migrantes. Se o corpus narrativo tradicional tende a desaparecer no contexto urbano, novas temáticas surgem. Assim, por meio da análise das produções narrativas dos migrantes, é possível avaliar as transformações da cultura ‘tradicional’. O artigo procura mostrar que a importância dada às chamadas “histórias de antigamente” e as referências a essas narrativas encontradas no discurso dependem da situação das pessoas no novo local de vida. Abstract This article presents the results of a research that has been conducted since 1995 about memory and narrative production of migrants from the backlands of Rio Grande do Norte state now established in the state capital Natal, more specifically in the northern part of the city, the “Zona Norte”. The text initially presents the process of Zona Norte formation and the migratory phenomena of the region, before analysing stories told by the migrants. If the traditional narrative corpus tends to disappear in the urban context, on the other hand new themes emerge. Therefore, through analisys of the migrants narrative production it is possible to evaluate transformations of ‘traditional culture’. The article aims to show that the importance given to the so called “yesterday histories” (“histórias de antigamente”) and the references to these narratives depend of people’s situation in their new locality.

scholarly journals Potential and cumulative accessibility of workplaces by public transport in Szczecin

2020 ◽  
Vol 50 (50) ◽  
pp. 133-146
Author(s):  
Sławomir Goliszek ◽  
Marcin Połom ◽  
Patryk Duma
Keyword(s):  
Labour Market ◽  
Travel Time ◽  
Research Methods ◽  
Public Transport ◽  
Transport Model ◽  
The Other ◽  
Travel Times ◽  
The Public ◽  
Other Hand ◽  
The City

AbstractThe article presents the accessibility of workplaces in Szczecin using the method of potential and cumulative accessibility for commuting by public transport. The public transport commuting times used in the study were generated using the public transport model, which was developed based on data in the General Transit Feed Specification (GTFS) format. The results of potential accessibility by public transport were calculated for several selected time thresholds in the morning rush hours between 7 a.m. and 9 a.m.. On the other hand, cumulative accessibility is characterised by variability of travel times for 8 a.m., which is calculated in 10- to 60-minute intervals of travel time. The aim of this study is to identify workplaces in Szczecin that are situated in areas where accessibility is more dependent on the parameters of the public-transport timetable. In addition, a possibility to define the optimal journey length was assumed so that it would regard the largest number of jobs. The use of the two indicated research methods for the accessibility of workplaces in Szczecin provides a result in the form of better- and less-accessible areas of the city as regards the labour market. The results regarding the accessibility of workplaces using the two methods identify places of increased demand for commuting by public transport during the morning rush hours.

The Principles of Zakat and Tax Upon the Time of Rasulullah SAW.

2017 ◽  
Vol 1 (1) ◽  
pp. 90
Author(s):  
Dian Septiandani ◽  
Abd. Shomad
Keyword(s):  
Literature Review ◽  
Economic Thought ◽  
The State ◽  
The Other ◽  
Primary Data ◽  
Other Hand ◽  
Islamic Economic ◽  
General Expense

Zakat is one of principal worship requiring every individual (<em>mukallaf</em>) with considerable property to spend some of the wealth for zakat under several conditions applied within. On the other hand, tax is an obligation assigned to taxpayers and should be deposited into the state based on policies applied, with no direct return as reward, for financing the national general expense. In their development, both zakat and tax had quite attention from Islamic economic thought. Nevertheless, we, at first, wanted to identify the principles of zakat and tax at the time of Rasulullah SAW. Therefore, this study referred to normative research. The primary data was collected through library/document research and the secondary one was collected through literature review by inventorying and collecting textbooks and other documents related to the studied issue.

فلسفة العقوبة في الشريعة الإسلامية والقانون الوضعي عرض وموازنة Exposition and Comparison of the Philosophy of Punishment in Islamic and Positive Laws

2012 ◽  
Vol 9 (1) ◽  
Author(s):  
عبد المجيد قاسم عبد المجيد (Qasim Abdulmajid) ◽  
محمد ليبا (Liba)
Keyword(s):  
Islamic Law ◽  
The Other ◽  
Penal System ◽  
Human Beings ◽  
New School ◽  
Positive Law ◽  
Other Hand ◽  
Philosophy Of Punishment ◽  
Emerging Issues

تناولت هذه الورقة فلسفة العقوبة في الشريعة الإسلامية، وفلسفتها في القانون الوضعي، وتمت الموازنة بين الفلسفتين، وخلص العرض والموازنة إلى نتائج ملخصها أن مسألة عصمة الشريعة وسموها تعد علامة فارقة بين الشريعة الإسلامية والقانون الوضعي، هذه العلامة نتج عنها فروق كثيرة أولها أن العقوبة في التشريع الوضعي تكون تابعةً للهدف، فالهدف يوضع أولاً ثم تصاغ على ضوئه العقوبة، ولذلك كلما ظهرت مدرسةٌ جديدةٌ تؤسس لفكرٍ جديدٍ ظهر اختلافٌ في التشريع العقابي. بينما النظام العقابي الإسلامي ثابتٌ ومعصوم، وقد وُجدت الحاجة إلى معرفة أهدافه وفلسفته ليتسنى السير على مقتضاها فيما يستجد من وقائع، وأن سمو فلسفة العقوبة في الشريعة الإسلامية ينبع من سمو مصدرها، فواضع هذه العقوبات هو خالق البشر. بينما العقوبة في القانون الوضعي تعتمد في فلسفتها على خبرة واضعيها، وهي خبرة محدودة وأحكامها نسبية، لذا كان تطبيق العقوبات الشرعية أجدر حتى وإن لم يُدرَك كنه هذه العقوبات وفلسفتها. الكلمات الرئيسية: فلسفة العقوبة، القانون الإسلامي، القانون الوضعي، التشريع العقابي.******************************In this paper light is shed on the philosophy of punishment in Islamic and positive laws and a comparison between them is accomplished. In brief, the conclusion of the exposition and comparison is that issue of infallibility of SharÊ‘ah and its nobleness are the distinguishing marks between Islamic and positive laws. This led to further differences. The first difference is that the punishment in positive laws is in accordance with the stipulated goal, that is, the goal is set first and then the punishment is formulated in that light. That is why whenever any new school of thought appears based on some ideology, differences emerge in punitive legislation. Islamic penal system is, however, immutable and infallible. There is a need to know its objectives and wisdom so as to in order to tackle new emerging issues. The nobility of the philosophy of punishment in Islamic law stems from the nobility of its source and that is no one but the Creator of human beings. The punishment in the positive law, on the other hand, relies on the philosophy that is based on the experiences of the authors of these laws. And these experiences are limited and their rulings are relativistic. Applying Islamic legal punishments are, therefore, more legitimate, even though their essence and philosophy are not fully grasped.Key words: Philosophy of Punishment, Islamic Law, Positive Law, Punitive Legislation.

STUDY OF ORNAMENTS IN HUNTO SULTAN AMAY MOSQUE GORONTALO

ARTic ◽  
2019 ◽  
Vol 4 ◽  
pp. 167-176
Author(s):  
Risti Puspita Sari Hunowu
Keyword(s):  
Qualitative Method ◽  
The Other ◽  
Visual Form ◽  
Research Material ◽  
Other Hand ◽  
The World ◽  
Existing Form ◽  
The City ◽  
Dutch Colonial

This research is aimed at studying the Hunto Sultan Amay Mosque located in Gorontalo City. Hunto Sultan Amay Mosque is the oldest mosque in the city of Gorontalo The Hunto Sultan Amay Mosque was built as proof of Sultan Amay's love for a daughter and is a representation of Islam in Gorontalo. Researchers will investigate the visual form of the Hunto Sultan Amay Mosque which was originally like an ancient mosque in the archipelago. can be seen from the shape of the roof which initially used an overlapping roof and then converted into a dome as well as mosques in the world, we can be sure the Hunto Sultan Amay Mosque uses a dome roof after the arrival of Dutch Colonial. The researcher used a qualitative method by observing the existing form in detail from the building of the mosque with an aesthetic approach, reviewing objects and selecting the selected ornament giving a classification of the shapes, so that the section became a reference for the author as research material. Based on the analysis of this thesis, the form  of the Hunto Sultan Amay mosque as well as the mosques located in the archipelago and the existence of ornaments in the Hunto Sultan Amay Mosque as a decorative structure support the grandeur of a mosque. On the other hand, Hunto Mosque ornaments reveal a teaching. The form of a teaching is manifested in the form of motives and does not depict living beings in a realist or naturalist manner. the decorative forms of the Hunto Sultan Sultan Mosque in general tend to lead to a form of flora, geometric ornaments, and ornament of calligraphy dominated by the distinctive colors of Islam, namely gold, white, red, yellow and green.

A utopia do direito à cidade: Possibilidades de superação da dicotomia favela-bairro no Rio de Janeiro

GEOgraphia ◽  
2010 ◽  
Vol 7 (14) ◽  
Author(s):  
Márcio Piñon de Oliveira
Keyword(s):  
Rio De Janeiro ◽  
The Other ◽  
Right To The City ◽  
Other Hand ◽  
The Right ◽  
The City

A utopia do direito à cidade,  no  caso específico do Rio de Janeiro, começa, obrigatoriamente, pela  superação da visão dicotômica favela-cidade. Para isso, é preciso que os moradores da favela possam sentir-se tão cidadãos quanto os que têm moradias fora das favelas. A utopia do direito à cidade tem de levar a favela a própria utopia da cidade. Uma cidade que não se fragmente em oposições asfalto-favela, norte-sul, praia-subúrbio e onde todos tenham direito ao(s) seu(s) centro(s). Oposições que expressam muito mais do que diferenças de  localização e que  se apresentam recheadas de  segregação, estereótipos e  ideologias. Por outro  lado, o direito a cidade, como possibilidade histórica, não pode ser pensado exclusivamente a partir da  favela. Mas as populações  que aí habitam guardam uma contribuição inestimável para  a  construção prática  desse direito. Isso porque,  das  experiências vividas, emergem aprendizados e frutificam esperanças e soluções. Para que a favela seja pólo de um desejo que impulsione a busca do direito a cidade, é necessário que ela  se  pense como  parte da história da própria cidade  e sua transformação  em metrópole.Abstract The right  to the city's  utopy  specifically  in Rio de Janeiro, begins by surpassing  the dichotomy approach between favela and the city. For this purpose, it is necessary, for the favela dwellers, the feeling of citizens as well as those with home outside the favelas. The right to the city's utopy must bring to the favela  the utopy to the city in itself- a non-fragmented city in terms of oppositions like "asphalt"-favela, north-south, beach-suburb and where everybody has right to their center(s). These oppositions express much more the differences of location and present  themselves full of segregation, stereotypes and ideologies. On  the other  hand, the right to  the city, as historical possibility, can not be thought  just from the favela. People that live there have a contribution for a practical construction of this right. 

scholarly journals Problems of Pathogenesis and Pathogenetic Therapy of COVID-19 from the Perspective of the General Theory of Pathological Systems (General Pathological Processes)

2021 ◽  
Vol 22 (14) ◽  
pp. 7582
Author(s):  
Evgenii Gusev ◽  
Alexey Sarapultsev ◽  
Desheng Hu ◽  
Valeriy Chereshnev
Keyword(s):  
Systemic Inflammation ◽  
Pathological Process ◽  
The State ◽  
The Other ◽  
Low Grade ◽  
Metabolic Dysfunction ◽  
The Metabolic Syndrome ◽  
Other Hand ◽  
Pathogenetic Therapy ◽  
Fundamental Medicine

The COVID-19 pandemic examines not only the state of actual health care but also the state of fundamental medicine in various countries. Pro-inflammatory processes extend far beyond the classical concepts of inflammation. They manifest themselves in a variety of ways, beginning with extreme physiology, then allostasis at low-grade inflammation, and finally the shockogenic phenomenon of “inflammatory systemic microcirculation”. The pathogenetic core of critical situations, including COVID-19, is this phenomenon. Microcirculatory abnormalities, on the other hand, lie at the heart of a specific type of general pathological process known as systemic inflammation (SI). Systemic inflammatory response, cytokine release, cytokine storm, and thrombo-inflammatory syndrome are all terms that refer to different aspects of SI. As a result, the metabolic syndrome model does not adequately reflect the pathophysiology of persistent low-grade systemic inflammation (ChSLGI). Diseases associated with ChSLGI, on the other hand, are risk factors for a severe COVID-19 course. The review examines the role of hypoxia, metabolic dysfunction, scavenger receptors, and pattern-recognition receptors, as well as the processes of the hemophagocytic syndrome, in the systemic alteration and development of SI in COVID-19.

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