scholarly journals Women as Passive Citizens in Kant's Theory of Citizenship

2020 ◽  
Vol 21 (2) ◽  
pp. 1-18
Author(s):  
Serpil Durğun
Keyword(s):  
Legislative Process ◽  
Active Citizenship ◽  
Political Rights ◽  
Citizenship Status ◽  
The Status ◽  
The Republic ◽  
The Right ◽  
Independence Criterion ◽  
Independent Person ◽  
Active Citizen

Kant, who is one of the contractarian theorists in political philosophy, positions the person who has the right to vote and participates in the legislative process as a citizen. This positioning is directly related to Kant's attribution of citizenship to the independence precondition. For Kant, independence means that a person possesses a certain amount of ownership which enables him to sustain his life on his own. The person who owns a certain quantity of property is the master of himself as he will not receive orders from the others and will not need the protection of others. Positioning an independent person as an active citizen with political rights, Kant considers persons who are non-owners as passive citizens because they cannot meet the prerequisite for independence. Passive citizens who are deprived of all political rights are merely citizens of the state. According to Kant's argument, women can never move up to the active citizenship status, although the republic has cleared the way for the possibility that every member of the republic could eventually move up to the active citizenship status. The status of being man of property, which is a prerequisite for the independence criterion, loses all its functions when women are in question. Even if a woman is a property owner, this is still considered insufficient for the independence criterion. Kant bases this idea of him on the assumption of women's nature and the prenuptial agreement.  

scholarly journals DUE TO LAW OF SELECTING THE RIGHT REPUDIATION CITIZENSHIP STATUS IN CITIZENSHIP LAW REVIEW OF INDONESIA

2019 ◽  
Vol 4 (2) ◽  
pp. 20-32
Author(s):  
Qurrotul Uyun
Keyword(s):  
Research Study ◽  
Conceptual Approach ◽  
Citizenship Status ◽  
Dual Citizenship ◽  
Foreign Countries ◽  
The Status ◽  
The Republic ◽  
The Right ◽  
To Receive ◽  
Legal Consequences

Designation (naturalization) includes giving Indonesian citizenship status of one or a number of people from foreign nationals, or gives the status as a citizen of Indonesia or the number of people who do not have citizenship (stateless) .According to the laws of the Republic of Indonesia citizens who have dual citizenship must choose one of these citizenship so until he has only one nationality. For Indonesian citizens are treated when these approvals to those Indonesian nationals, according to Indonesian citizenship legislation that called "gain" or "select" nationality of the Republic of Indonesia will be replaced with Indonesian nationality, and which are called "retained" Dutch nationality or nationality of foreign countries or "reject" Indonesian nationality. So goes the Indonesian nationality, if it has lost the nationality Indonesia automatically all matters concerned with the rights and obligations of citizens or her country also erased or lost. The problem that will be discussed are: Does the right of repudiation in the process of selecting citizenship status lead to legal consequences for those concerned? Does repudiation rights used in the process of selecting citizenship status in Indonesia? By studying this research, it is expected to find out the point of problems in selecting indonesian citizenship.This research used qualitative. Since this method is a directed and systemic method. In addition, this research study used statute approach and conceptual approach. It is an approach which comes from views and doctrines that are developed in the science of law.The findings of this research are: first, as a result of law that is rejected, rejected state has no right to force someone to reject the offer, this happens because of self-will without intervension from other sides. Since, the status of citizenship related to the existence in getting right and obligation of someone in every action.  The second problem is repudiation right that is used in Indonesia by special naturalization. It means that the state is able to offer or give citizenship status by using it, and in this session, the citizen has right to receive or reject that offer.

scholarly journals (Analysis of Stateless Person and Dual Nationality Children in the Perspective of Indonesian Immigration)

2019 ◽  
Vol 1 (2) ◽  
pp. 23-32
Author(s):  
Della Palupi Anggraeni ◽  
Tony Mirwanto
Keyword(s):  
International Agreement ◽  
Citizenship Status ◽  
Dual Citizenship ◽  
Dual Nationality ◽  
The Status ◽  
The Republic ◽  
The Right ◽  
International Conventions ◽  
Stateless Person

Citizenship is the right of everyone without exception. With citizenship, a person will get certainty and protection from a country. The nationality of a person has been recognized in international conventions. With the convention, there should be no individual who lives without citizenship status or is commonly referred to as a stateless person. However, even though there has been an international agreement regulating the status of a Stateless Person according to international rules, the existence of a permanent stateless person inhabits the sovereign area of a country. Even the rights they have to become a Stateless Person are often violated by the country where the Stateless Person is located. Apart from stateless persons, another problem regarding citizenship is the existence of dual citizenship or what is called a bipartite. In Indonesia, there is no dual citizenship, but limited dual citizenship. This has been regulated in Law No. 12 of 2006 concerning Citizenship of the Republic of Indonesia. Stateless persons and children with dual nationalities are often problems that need attention.

QUO VADIS HUKUM ISLAM (ANTARA IDEALITAS DAN REALITAS INDONESIA)

2020 ◽  
Vol 8 (2) ◽  
pp. 97-108
Author(s):  
Dinda Izzati
Keyword(s):  
Political Rights ◽  
Right To Life ◽  
Economic Rights ◽  
Christian Communities ◽  
Basic Assumptions ◽  
Eastern Indonesia ◽  
The Republic ◽  
Quo Vadis ◽  
The Right

Evidently, a few months after the Jakarta Charter was signed, Christian circles from Eastern Indonesia submitted an ultimatum, if the seven words in the Jakarta Charter were still included in the Preamble to the 1945 Constitution, then the consequence was that they would not want to join the Republic of Indonesia. The main reason put forward by Pastor Octavian was that Indonesia was seen from its georaphical interests and structure, Western Indonesia was known as the base of Islamic camouflage, while eastern Indonesia was the basis for Christian communities. Oktavianus added that Christians as an integral part of this nation need to realize that they also have the right to life, religious rights, political rights, economic rights, the same rights to the nation and state as other citizens, who in fact are mostly Muslims. This paper aims to determine and understand the extent to which the basic assumptions of the Indonesian people view the role of Islam as presented in an exclusive format.

Does the Aggravated Sentencing Regime under the Prevention of Organised Crime Act 121 of 1998 Violate Freedom of Association? A Constitutional and Comparative Analysis

2021 ◽  
Vol 2021 (2) ◽  
pp. 288-305
Author(s):  
Delano Cole van der Linde
Keyword(s):  
The United States ◽  
Organised Crime ◽  
Gang Member ◽  
European Convention ◽  
Political Rights ◽  
Freedom Of Association ◽  
Criminal Organisation ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

In terms of section 10(3) of the Prevention of Organised Crime Act 121 of 1998 (“POCA”), a court may impose an aggravated sentence on a criminal offender if the offender was a gang member at the time of the commission of a crime. The court is entitled to apply section 10(3) to the sentencing of any common-law or statutory offence, save for the gang-related offences in Chapter 4 of POCA. As aggravated punishment is attached directly to a person’s status as a gang member, one must question whether such aggravated punishment does not violate the right to freedom of association in section 18 of the Constitution of the Republic of South Africa, 1996. Section 18 is an unqualified right and subject only to the limitations clause under section 36 of the Constitution. The purpose of this contribution is to investigate whether the associational freedom guaranteed by the Constitution may be limited in light of considerations under international law (such as the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights and the European Convention on the Protection of Human Rights and Fundamental Freedoms) as well as foreign law (specifically the United States and Germany). The consensus is, broadly speaking, that persons are nondeserving of associational protection where the conduct connected to such an association is criminal in nature. Increased criminal consequences are justifiable where a person’s unlawful conduct is also connected to their status and activity as a member of a criminal organisation. However, increased criminal consequences based merely on a person’s membership of a criminal organisation, as is the case in terms of section 10(3) of POCA, is considered arbitrary and irrational. The conclusion is that section 10(3) of POCA should be amended so that it applies only to crimes that are related to a convicted person’s gang-related activities.

scholarly journals The normative framework of the protection of personal data in the field of (bio)medicine

Temida ◽  
2012 ◽  
Vol 15 (3) ◽  
pp. 99-114 ◽  
Author(s):  
Natasa Rajic
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
European Convention ◽  
International Treaties ◽  
Normative Framework ◽  
The Status ◽  
The Republic ◽  
The Right ◽  
Treatment Procedures ◽  
Biomedical Treatment

This paper discusses the normative framework of regulating the right to protection of personal data relating to biomedical treatment procedures of patients as human rights. The subjects of analysis are the European Convention, the Convention on Human Rights and Biomedicine and the relevant provisions of the Constitution of the Republic of Serbia. The right to protection of personal data in the field of biomedicine is analyzed comparatively in terms of the content of this right and in terms of basis for limiting this right. The analysis is carried out to find answers to the question if the constitutional framework is consistent in terms of exercising this right, taking into account the constitutional provision on the direct application of human rights guaranteed by international treaties and other provisions that determine the status of international sources of law in our legal system.

scholarly journals Pengaturan Memperoleh Kembali Status Warga Negara Indonesia Bagi ISIS Eks WNI Ditinjau Dari Peraturan Pemerintah Nomor 2 Tahun 2007 dan Konsep Maslahah Mursalah

2020 ◽  
Vol 7 (1) ◽  
pp. 58-68
Author(s):  
Saiful Bari
Keyword(s):  
Islamic Law ◽  
Citizenship Status ◽  
Material Data ◽  
Unitary State ◽  
Article 9 ◽  
The People ◽  
The Status ◽  
The Republic ◽  
Main Material

This research is motivated by the loss of Indonesian citizenship status experienced by Indonesian citizens who are members of ISIS combatants. This is in line with of Article 23 letter e in Law No. 12 of 2006. The purpose of this study is to analyze the arrangements to regain the status of Indonesian citizens. This type of research is normative law. This study uses a law approach and the concept of the problem maslahah. The main material data of this study are from perimer legal material and secondary legal material. The results of this study conclude that first, in the perspective of the Citizenship Law and its implementing regulations, ex-ISIS former citizens are not eligible to regain Indonesian citizenship status as regulated by Article 9 of Law No. 12 of 2006 and Article 2 to Article 12 of PP No. 2 of 2007. Second, in the perspective of the problem maslahah, the Citizenship Act and its implementing regulations do not conflict with the sources and the propositions of Islamic law. Therefore, maintaining the sovereignty of the Unitary State of the Republic of Indonesia and the interests of the people by not giving them RI citizenship status is a beneficial act.

scholarly journals SOURCES OF THE POWER AND THE AUTHORITY OF MANAGERS

2018 ◽  
Vol 28 (1) ◽  
pp. 79-84
Author(s):  
Vojo Belovski ◽  
Biljana Todorova
Keyword(s):  
Interpersonal Relationships ◽  
Religious Media ◽  
The Status ◽  
The Will ◽  
The Republic ◽  
Intellectual Knowledge ◽  
The Right ◽  
And Behavior ◽  
Formal Power ◽  
Power And Authority

The paper starts from the general approach to the content and essence of the categories of power and authority and their interrelationship at the level of theoretical analysis and practical existence and manifestation.The sources from which the power and the authority of managers emerge will be analyzed taking into account their position and role in the organizations and other forms of the existence of the managerial function.The power is the right to order and obligation to respect / apply the order - it is very present in the work and behavior of the managers. The power is visible in the area of the state activities, in the education system, among the family.The authority represents carrying out the will even when it is contrary to the interests of others. You can talk about economic, ideological, religious, media authority, the authority of political parties and interest groups.Organizations are composed of persons who perform greater or lesser degrees of authority and power. Sometimes the power and authority in the organization arise from the position of a person in the organization or from the knowledge and skills that a person possesses. Others express their authority in interpersonal relationships through their character. In practice, it is seen that individuals have formal power and no real authority.Most directly, the authority of managers is derived from their functions / activities in the enterprise, from the right to command and direct other people in their tasks and responsibilities. Their power stems from the right and the ability to create an environment in which other individuals will participate in the realization of the organization's goals, in other words, the right to create an atmosphere that will encourage people to dedicate themselves to the work and development of the enterprise.The authority of managers arises from their intellectual knowledge, often higher than the knowledge of employees, which also activates authority as a voluntary acknowledgment of influence on the subordinate.Through an analytical approach, analyzes will be made on some issues and aspects of the status of managers in the Macedonian society, through projected grouping / classification of types of managers. Also, an answer to the question of why the managerial function in the Republic of Macedonia is reviving.

scholarly journals The role of the poet in Plato's ideal cities of Callipolis and Magnesia

2007 ◽  
Vol 48 (116) ◽  
pp. 329-349 ◽  
Author(s):  
Gerard Naddaf
Keyword(s):  
Practical Realization ◽  
The Status ◽  
The Republic ◽  
The Right ◽  
Negative Factors ◽  
The Ideal

Plato's attitude toward the poets and poetry has always been a flashpoint of debate, controversy and notoriety, but most scholars have failed to see their central role in the ideal cities of the Republic and the Laws, that is, Callipolis and Magnesia. In this paper, I argue that in neither dialogue does Plato "exile" the poets, but, instead, believes they must, like all citizens, exercise the expertise proper to their profession, allowing them the right to become full-fledged participants in the productive class. Moreover, attention to certain details reveals that Plato harnesses both positive and negative factors in poetry to bring his ideal cities closer to a practical realization. The status of the poet and his craft in this context has rarely to my knowledge been addressed.

scholarly journals PLANNING OF THE LEGISLATIVE ACTIVITY AND ITS IMPORTANCE IN THE IMPROVEMENT OF LEGISLATION AND THE LEGISLATIVE PROCESS OF THE REPUBLIC OF KAZAKHSTAN

2017 ◽  
pp. 28-35
Author(s):  
Жанна Тлембаева ◽  
Zhanna Tlembaeva
Keyword(s):  
Practical Interest ◽  
Legislative Process ◽  
Information Transparency ◽  
Legislative Initiative ◽  
Legislative Activity ◽  
The Republic ◽  
The Government ◽  
The Right ◽  
Legislative Activities

Some issues of lawmaking activity planning in the Republic of Kazakhstan as one of the important components of legislative activity are discussed, and its importance in improving legislation is analyzed in the article. The author pays special attention to the types and stages of the legislative process In the Republic of Kazakhstan. The main problems of planning the legislative activity of the Government and of other subjects of lawmaking are considered. Also the ways to improve the planning of lawmaking activity taking into account the current realities of the development of the legislative process in the Republic of Kazakhstan are proposed. Planning of legislative activities in Kazakhstan needs to be improved and, first of all, by means of increasing the information transparency of planning, the development of forecasting, improving the coordination of planning of subjects of the right of legislative initiative and the development of regulatory support for planning. The issues of application of technologies of legislative forecasting as an obligatory element of lawmaking are separately considered. The conclusion about the role of planning of lawmaking activity in counteraction to the processes of «shadow lobbying» is substantiated. It seems that the implementation of these proposals will ensure an increased role for planning in the country’s legislative process. In the context of the problems studied, the question of the legislative activity of the subjects of the legislative initiative and the subjects of lawmaking has considerable scientific and practical interest. The author reveals a tendency to reduce the lawmaking activity of the deputies of the Parliament against the backdrop of the growing legislative activity of the Government.

scholarly journals Deportation Everyday Life: sources and materials (in case of East Kazakhstan)

2020 ◽  
Vol 133 (4) ◽  
pp. 42-62
Author(s):  
B.Zh. Atantayeva ◽  
◽  
T.A. Kamaljanova ◽  
Keyword(s):  
Everyday Life ◽  
Local Population ◽  
Central State ◽  
Documentary Sources ◽  
Difficult Time ◽  
The Status ◽  
East Kazakhstan ◽  
The Republic ◽  
State Archives ◽  
The Right

Based on the studied documentary sources of the Central State Archives and the Archives of the President of the Republic of Kazakhstan (Almaty), regional archives of the East Kazakhstan (Ust-Kamenogorsk, Semey, Ayaguz), where is a whole layer of documents on the topic under consideration, an objective picture of everyday life peoples deported to the territory of the East Kazakhstan: Germans, Chechens, Ingush, etc. are recreated. In the late 1930s, the deported peoples were sent to remote areas for special settlements (hence the name «special settlers», «special settlers»). Kazakhstan was also included among such territories. Whole peoples forcibly evicted from their homes formally retained the status of full-fledged Soviet citizens but were deprived of the right of movement and free choice of residence.The documents contained in the archives make it possible to reveal various aspects of the topic under consideration, showing the daily life of the special settlers: the difficulties and problems they encountered during resettlement and placement in a new place. The systematization of the identified sources made it possible to determine the number and resettlement of the special settlers, their household and labor structure. Analysis of the documents showed that the placement of the special settlers in the new place was difficult, which led to negative social and demographic consequences. The situation of the deported peoples, despite the measures taken for the household and labor arrangement, was difficult. The deportation of peoples led to irreparable damage to the material and spiritual culture of ethnic groups, doomed people to a low social status and standard of living. However, thanks to the support of the local population, people were able not only to survive, but also by adapting to new conditions, to contribute to the economic development of the region at this difficult time. The article provides a thorough and detailed analysis of the sources of the regional archive, which made it possible to solve the tasks, set in the work and draw appropriate conclusions based on the analysis.

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