scholarly journals (De)Legitimasi Hukuman Pidana Mati: Sebuah Pertimbangan Etis

2019 ◽  
Vol 3 (1) ◽  
pp. 41
Author(s):  
Sonny Eli Zaluchu ◽  
Eirene Kardiani Gulo
Keyword(s):  
Literature Review ◽  
Death Penalty ◽  
Human Life ◽  
Descriptive Analysis ◽  
Ethical Considerations ◽  
Legal Perspective ◽  
The World ◽  
Pros And Cons ◽  
The Right

The death penalty is always in controversy. Ethical considerations in terms of ethics, principle, and criminality always produce two strong opinions, which are the pros and cons. The two opposing views have strong arguments and considerations concerning the maximum punishment for particular crimes. Countries in the world divided into two acts. Some chose the moratorium option, but there were also those who continued to defend it. This article describes that there are indeed substantive difficulties in an attempt to legitimize or delegitimize the death penalty. These difficulties are presented and analyzed in this paper by using theological approaches, especially in a legal perspective, the right to human life and biblical orders not to kill. The descriptive analysis was carried out by utilizing a literature review and research results.AbstrakHukuman mati selalu di dalam kontroversi. Pertimbangan moral dalam hal etika, azasi dan pidana selalu menghasilkan dua kubu pendapat yang sama-sama kuat yakni yang pro dan kontra. Kedua pandangan yang saling bertolak belakang tersebut memiliki argumentasi dan pertimbangan yang kuat menyangkut hukuman maksimal terhadap kejahatan istimewa. Negara-negara di dunia terbagi dua. Ada yang memilih opsi moratorium tetapi ada juga yang terus mempertahankannya. Artikel ini memaparkan secara deskriptif bahwa memang terdapat kesulitan-kesulitan substantif dalam setiap usaha legitimasi dan atau delegitimasi terhadap hukuman mati. Kesulitan-kesulitan tersebut dipaparkan dan dianalisis di dalam paper ini dengan menggunakan pendekatan teologis khususnya dalam persepektif hukum, hak hidup manusia dan perintah Alkitab untuk jangan membunuh. Analisis dilakukan secara dengan memanfaatkan tinjauan literatur dan hasil-hasil penelitian.

STUDI MAQĀSHID AL-QUR’ĀN SIKLUS PERJALANAN HIDUP MANUSIA DALAM AL-QUR’AN

2021 ◽  
Vol 2 (2) ◽  
pp. 140-161
Author(s):  
Ikmal ◽  
Khairul Muttaqin
Keyword(s):  
Life Cycle ◽  
Human Life ◽  
Descriptive Analysis ◽  
Analysis Method ◽  
Comprehensive Understanding ◽  
Library Research ◽  
The World ◽  
The Right ◽  
Five Phases

Maqāshid al-Qur’ān is an approach of interpretation study. This approach was developed to give a new viewpoint for mufassir to have more comprehensive understanding of the Qur'an contextually, as of it contributes much to life. Based on this, the aims of this article is to apply the concept of Maqāshid al-Qur'ān which was initiated by Imam Muammad al-Thāhir ibn 'Āsyūr in the verses of the human life cycle. The application of Maqāshid al-Qur’ān will reveal the meaning and moral message behind the verse with covering two issues, first is the cycle and phase of human life in the Qur'an, and second is the interpretation and moral message of the verse about the cycle of human life. This research was a library research with descriptive analysis method using the Maqāshid al-Qur'ān approach by Muhammad al-Thāhir ibn 'Āsyūr version. The results of the study showed that: first, the cycle and phase of the human life take place in five phases of life, there are the realm of the spirit, the realm of the womb, nature, the world, the grave, and the afterlife. Second, the result of the interpretation and moral message of the verse of the human life cycle is about the miracle of humans to have the right belief, akhlaq, ethics and good morals, and explaining the miracles of the Qur'an. The lessons for muslim is also discussed.

scholarly journals Right to life and possible interference in its implementation: Constitutional and legal aspect

2021 ◽  
Vol 21 (4) ◽  
pp. 453-457
Author(s):  
Marina L. Voronkova ◽  
Keyword(s):  
Death Penalty ◽  
Russian Federation ◽  
Legal Aspect ◽  
The State ◽  
Human Embryos ◽  
Right To Life ◽  
Legal Method ◽  
The World ◽  
The Russian Federation ◽  
The Right

Introduction. The problems of realizing the right to life are relevant to varying degrees in all countries of the world. Their importance can hardly be overestimated, since the preservation of a full-fledged family, society and the state as a whole depends on their solution. The article examines the problems associated with abortion, surrogacy, the development of biotechnology, death penalty, and analyzes the legislative experience of various states and Russia in these areas. The purpose of the study is to conduct a comprehensive analysis of the problems arising in connection with the realization of the right to life and its possible restrictions. In the course of studying the problems, both general scientific and special legal methods were used: historical and dialectical methods, methods of analysis and synthesis, as well as the comparative legal method. Theoretical analysis. Russia (RSFSR) was the first country in the world to legislate in 1920 to allow abortion. According to the author, artificial termination of pregnancy solely at the request of a woman (without taking into account medical and social factors) causes irreparable harm to society, especially given the difficult demographic situation in modern Russia. In addition, this does not correspond to the guiding thesis of responsibility to future generations, enshrined in the preamble to the Constitution of the Russian Federation. In the context of realizing the right to life, each state faces a problem related to death penalty. Can a state, where the right to life is guaranteed, take the life of criminals? Apparently, each state should decide this issue based on the extent to which a particular crime poses a threat to society, a threat to life and health of people. Results. In our opinion, in countries with liberal legislation in relation to abortion, such as Russia, it is necessary to prohibit abortion at the request of a woman, since in this case the woman’s desire violates the right to life of an unborn child. The state should protect the right to life from the moment of conception, not birth, but this is a long process that should lead to an extensive interpretation of Part 2 of Art. 17 of the Constitution of the Russian Federation by the Constitutional Court of the Russian Federation. In addition, Russia needs to pay attention to the legislative experience of Germany and France in relation to surrogacy. In these countries, the legislator has clearly substantiated why surrogacy is in fact a crime against the family. In these countries, surrogacy is criminalized. Also, with the development of biotechnology all over the world, the problems of IVF and cryopreservation of human embryos are acute. This problem can also be solved at the level of legislation by allowing IVF only to married couples (man and woman) who cannot give birth to a child, and by limiting the number of fertilized eggs to a minimum, so that later the issue of destroying unclaimed embryos is not resolved. In general, it seems that in a mature society that wants to develop and tries to prevent the destruction of its state, it is necessary to protect the right to life by all possible legislative methods.

scholarly journals Sanksi Pidana terhadap Guru yang Melakukan Tindak Penganiayaan kepada Murid saat Proses Pembelajaran

2020 ◽  
Vol 1 (1) ◽  
pp. 44-50
Author(s):  
Anak Agung Ngurah Adhi Wibisana ◽  
I Made Sepud ◽  
I Made Minggu Widyantara
Keyword(s):  
Learning Process ◽  
Teaching Methods ◽  
Criminal Code ◽  
The Body ◽  
Data Sources ◽  
Criminal Sanctions ◽  
The World ◽  
Pros And Cons ◽  
The Right ◽  
Laws And Regulations

Indonesia has a law on education, namely Law No. 14 of 2005 on Teachers and Lecturers. In its implementation, there is a case that causes pros and cons to the statement of every article of the Teacher and Lecturer Law, especially in relation to the right to defend oneself in criminal acts of persecution. The purpose of this research is to know the arrangement of teaching methods for students during the learning process and to know the criminal sanctions against teachers who abuse students during the learning process. This study uses a normative method with the main data sources namely laws and regulations. The results showed that the element of an act, and / or the result of an act, pain in the body, and injuries to the body contained in Article 351 paragraph (1) of the Criminal Code refers to the Teacher and Lecturer Law, namely in Article 77 paragraph (6). This article defines the basis of persecution, namely actions that cause pain to a person. The criminal act of persecution in the world of education, at least, must be considered with the intention of disciplining and educating the nation's life.

scholarly journals Universální život a život lidský. K ontologii přírody u Jana Patočky a Maurice Merleau-Pontyho

REFLEXE ◽  
2021 ◽  
Vol 2021 (60) ◽  
pp. 29-63
Author(s):  
Martin Rabas
Keyword(s):  
Present Article ◽  
Human Life ◽  
Descriptive Analysis ◽  
Human Experience ◽  
The Other ◽  
Philosophical Approach ◽  
Other Hand ◽  
Inorganic Matter ◽  
The World ◽  
The One

The present article has two objectives. One is to elucidate the philosophical approach presented in the so-called Strahov Systematic Manuscripts of Jan Patočka in terms of consciousness and nature. The other is to compare this philosophical approach with Maurice Merleau-Ponty’s theses on nature, as elaborated in 1956–1961, and to point out some advantages and limitations of both approaches. In our opinion, Patočka’s philosophical approach consists, on the one hand, in a descriptive analysis of human experience, which he understands as a pre-reflective self-relationship pointing towards the consciousness of the world. On the other hand, on the basis of this descriptive analysis Patočka consequently explicates all non-human life, inorganic matter, and finally the whole of nature as life in its own right, the essence of which is also a certain self-relation with a tendency towards consciousness. The article then briefly presents Merleau-Ponty’s theses on nature, and finally compares them with Patočka’s overall theses on nature. The advantage of Patočka’s notion of nature as against Merleau-Ponty’s is that, in Patočka’s view, nature encompasses both the principle of unity and individuality. On the other hand, the advantage of Merleau-Ponty’s understanding of nature as against Patočka’s lies in the consistent interconnectedness of the infinite life of nature and the finite life of individual beings.

scholarly journals Proses Pengambilan Keputusan

2019 ◽  
Author(s):  
yola febriani ◽  
Hade Afriansyah ◽  
Rusdinal
Keyword(s):  
Decision Making ◽  
Problem Solving ◽  
Literature Review ◽  
Creative Thinking ◽  
Human Life ◽  
Decision Makers ◽  
New Information ◽  
The Right ◽  
Alternative Solutions ◽  
Made In

This article aims to describe how is the process of decision making. Decision making is something that is never separated from human life, both simple decision making and complex problems. Everyone is always faced with the choice to take a decision. To be able to take the right decisions, every person should know the steps. This article presents what the decision-making steps and what is the importance of creative thinking in decision making. Creative thinking will help decision makers to improve the quality and effectiveness of problem solving and decision making results were made. In relation to the process of decision making, creative thinking is needed, especially in identifying problems and develop alternative solutions. The methodology used to arrange this article is Systematic Literature Review (SLR). First, researcher find relevant theories, and then make a conclusion about it, then analyzing, and finally make a new information based researcher analyzing.

scholarly journals Proses Pengambilan Keputusan

2019 ◽  
Author(s):  
yola febriani ◽  
Hade Afriansyah ◽  
Rusdinal
Keyword(s):  
Decision Making ◽  
Problem Solving ◽  
Literature Review ◽  
Creative Thinking ◽  
Human Life ◽  
Decision Makers ◽  
New Information ◽  
The Right ◽  
Alternative Solutions ◽  
Made In

This article aims to describe how is the process of decision making. Decision making is something that is never separated from human life, both simple decision making and complex problems. Everyone is always faced with the choice to take a decision. To be able to take the right decision, every person should know the steps. This article presents what the decision making steps and what is the importance of creative thinking in decision making. Creative thinking will help decision makers to improve the quality and effectiveness of problem solving and decision making results were made. In relation to the process of decision making, creative thinking is needed, especially in identifying problems and develop alternative solutions. The methodology used to arrange this article is Systematic Literature Review (SLR). First, researcher find relevant theories, and then make a conclusion about it, then analyzing, and finally make a new information based researcher analyzing

scholarly journals Democracy Backsliding as a Danger of Sustainable Development in the Post-Pandemic Period: Social and Legal aspects of Decision

2021 ◽  
Vol 126 ◽  
pp. 06007
Author(s):  
Oleg Tkach ◽  
Оleh Batrymenko ◽  
Dmytro Nelipa ◽  
Mykola Khylko
Keyword(s):  
Human Life ◽  
Legal Aspects ◽  
World Health ◽  
Global Pandemic ◽  
The World ◽  
The Government ◽  
Democratic Principles ◽  
Health Organization ◽  
The Individual ◽  
The Right

The article considers topical issues of the threat of collapse of democracy. Examples of the democracy collapse have shown the lack of free and fair elections in the world, which threatens the independence of the judiciary, restrictions on the right to freedom of speech, which limits the ability of the political opposition to challenge the government, to prosecute, to offer alternatives to the regime. The collapse of democracy in connection with the spread of COVID-19 is being considered, as the democratic spectrum has repeatedly resorted to excessive control, discriminatory restrictions on freedoms such as movement and assembly, and arbitrary or coercive coercion. Attention is drawn to the fact that the outbreak of coronavirus COVID-19 has led to the introduction in all countries of restrictions on the rights and freedoms of the individual in order to prevent the spread of this infectious disease, declared a global pandemic by the World Health Organization. Thus, the unusual nature of the COVID - 19 coronavirus pandemic poses numerous dilemmas to the public, governments, parliaments, the judiciary, law enforcement and many other actors when it comes to the need for effective protection of health and, ultimately, human life, as well as adherence to and ensuring the fundamental democratic principles of man and society.

scholarly journals PARADIGM OF DEATH PENALTY (COMPARATIVE STUDY IN INDONESIA, SAUDI ARABIA AND CHINA)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Tedy Nopriandi ◽  
Risky Fany Ardhiansyah
Keyword(s):  
Saudi Arabia ◽  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Islamic Law ◽  
Human Life ◽  
Criminal Code ◽  
Comparative Approach ◽  
Law System ◽  
The Right

The death penalty is one of old criminal type as the age of human life, and the most controversial crime in of all criminal systems, both in countries that adhere to the Common Law System and in countries that embrace Civil Law, Islamic Law and Socialist Law. There are two main thoughts about the death penalty, namely: first, those who want to keep it based on the force provisions, and second are those who wish to the abolition as a whole. Indonesia includes a country that still maintains capital punishment in a positive legal system. This paper aims to resolve problems of the death penalty concept concerning the controversy purpose of the death penalty and to analyze the regulations, procedures and philosophies regarding the death penalty in Indonesia, Saudi Arabia and China. This paper uses normative juridical research and the methods based on the doctrine and developed by the author. The approach used the legal approach, historical approach and comparative approach, then analyzed by the customary method.The result of the study shows that the death penalty can be seen from the philosophical aspects of Indonesian criminal law, as well as the philosophical aspects of Islamic and Chinese criminal law. So that everything can not be separated from the essential legal objectives, namely for the creation of justice. Death penalty in Islamic law turns out the concept of restorative justice specifically for the crime of deliberate killing (al-qatl al-'amd), which the execution highly depends on the victim’s family. The victim’s family, in this case, has the right to choose whether qisas (death penalty) or their apologize for the murder suspect, and diyat payment. While China in the implementation of death penalty applies the concept of rehabilitation, which in the execution of the death penalty is called a death penalty delay for two years and in its implementation, the defendant is given a job and control them. Whereas in Indonesia, capital punishment is a specific criminal offence and threatened with alternatives and is still a draft Criminal Code.

scholarly journals The Effect of Social Studies Courses on Digital Self Formation in Turkey

2021 ◽  
Vol 4 (3) ◽  
Author(s):  
Erol KOÇOĞLU ◽  
Keyword(s):  
Social Studies ◽  
Human Life ◽  
Descriptive Analysis ◽  
Structured Interview ◽  
Research Data ◽  
Social Studies Teachers ◽  
Process Of Change ◽  
Digital World ◽  
Living Things ◽  
The World

The world, which includes all living things from the first human to the present, is based on the process of change and transformation with all its dimensions. It can be stated that this process of change and transformation affects the lives of many living things on earth, as well as remarkable effects on human life. In particular, the digital world, which is one of the important results of technology-based development, can be said to be effective in shaping human life cognitively, psychomotorically and emotionally. This shaping process takes place in educational institutions with the achievements transferred through various fields of study and disciplines. This study, in which the effect of social studies courses on the formation and development process of the digital self-concept, which is based on the cognitive effects of digitalization, was evaluated in line with the perceptions of teachers in Turkey, was designed according to the phenomenological approach, one of the qualitative research methods. The research data were analyzed with the descriptive analysis technique and thematic codes were created based on the findings. A semi-structured interview form prepared by the researchers was used to collect data. The research data, the answers to the questions in the interview form, were collected through online interviews with social studies teachers due to the Covid-19 epidemic in the world and in Turkey. In the study supported by the Scientific Research Projects Coordination Unit of İnönü University with the Normal Research Project coded SBA-2019-1755, the data obtained were analyzed and the findings were presented in tables and figures. Considering the findings of the study, it can be said that the social studies teachers who make up the study group have different and remarkable perceptions about the effects of social studies lessons on digital self-creation.

scholarly journals NILAI-NILAI PENDIDIKAN ISLAM DALAM AL-QUR’AN SURAT ALI IMRAN AYAT 37

2020 ◽  
Vol 9 (1) ◽  
pp. 77-98
Author(s):  
Chumaidah Syc ◽  
Yuni Astutik
Keyword(s):  
Literature Review ◽  
Research Method ◽  
Human Life ◽  
Islamic Education ◽  
Human Being ◽  
Spiritual Power ◽  
Educational Values ◽  
The World

Abstract: Islamic education is an important part in the world of education. Because humans not only need knowledge, but also need spiritual power of religion to form a whole human being (insan kamil) in accordance with Islamic norms. This study discusses "Islamic Education Values ??Contained in the Qur'an, Surat Ali Imran Verse 37". Research method in this study used literature review research. In this study, researchers found that the concepts of Islamic educational values ??are a collection of life principles, teachings about how humans should carry out their lives in the world, one principle with each other related to forming a unified whole that is inseparable inherent in Islamic education which is used as a basis for humans to achieve the goals of human life that is to be a human being and serve God Almighty. There are two types of Islamic educational values, namely Ilahiyah values ??and Insaniyah values. The results of this study the researchers concluded that the values ??of Islamic education contained in al-Qur'an Surah Ali Imran verse 37: 1). Ilahiyah Values, such as, Faith, Islam, piety, sincerity, trust, gratitude and patience. 2). Insaniyah values ??include al-ukhuwah, tawadhu ', al-wafa, husnudzan., Al-amanah, and al-munfiqun.

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