scholarly journals POLITICAL APATHY - NON-USE OF THE RIGHT TO VOTE IN POLLOG REGION

2019 ◽  
Vol 26 (6) ◽  
pp. 1819-1825
Author(s):  
Gjylten Ademi
Keyword(s):  
Political Culture ◽  
Electoral Behavior ◽  
The Other ◽  
Planning Tool ◽  
The People ◽  
Democratic Tradition ◽  
Right To Vote ◽  
The Right ◽  
Political Apathy ◽  
Theory Of Democracy

If there is one area in which the theory of democracy has strong evidence and numerous of them, it is the field of electoral behavior. This and the field of public opinion, as electoral participation components and part of the democratic theory, in general these are that leads us to an overview of political apathy, depoliticization, indifference, decommissioning the right to vote, political apathy, etc.. On the other hand we witness that recently such phenomenon (read: political apathy) is present not only in our country but also in other countries that have high democratic tradition. While taking into the consideration the fact that these phenomena have not been studied enough in our society, I believe that this work will contribute a little in the area of political apathy study as well as for politology. The purpose of this paper is to give an overview of the more sober and objective in relation not only to the degradation of political apathy as a social phenomenon but also analyzing it with a planning tool like cause-effect in order to protect participation. The greater participation in elections is, the greater it demonstrates the level of political culture of the people, however through this also proves an effective and functional democracy. This subject is complex as well as interesting, at any time and space, creates opportunity for debate and analysis.

scholarly journals Who are "the people" in the German Constitution? A critique of , and contribution to , the debate about the right of foreigners to vote in multilevel democracies

2020 ◽  
Vol 24 ◽  
Author(s):  
Jelena Bäumler
Keyword(s):  
South Africa ◽  
Voting Rights ◽  
Constitutional Court ◽  
Federal States ◽  
The People ◽  
German Constitution ◽  
Multi Level ◽  
Multiple Levels ◽  
Right To Vote ◽  
The Right

ABSTRACT Democracy means power to the people, but it is not always clear who belongs to "the people". The question has become pertinent in the age of migration where large groups of foreigners permanently reside outside their countries of nationality. The economic, cultural, and political integration of these foreigners is one of the pressing problems faced by democratic States in both the developed and developing worlds. One question is : whether resident non-citizens should be granted the right to vote. The answer to this question depends on who belongs to "the people". In federal and quasi-federal States with multiple levels of government the further question arises : whether "the people" is a homogenous concept that applies uniformly across all levels of government. This article contributes to the debate about the right of foreigners to vote in democratic States with multiple levels of government, such as, South Africa and Kenya. It does so by discussing the German response to the problems mentioned above. The dominant view of the German Federal Constitutional Court since the 1990s has been that "the people" only includes "German citizens" , and that attempts by lower levels of government to extend the right to vote to foreigners from Africa and elsewhere are unconstitutional. In this article I explore and critique this conventional view. I then present a positive case for the extension of voting rights to resident non-citizens under the German Constitution. Many of the arguments would apply with equal force to the debate about the right to vote of foreigners in African multi-level democracies, such as, South Africa and Kenya. Keywords: Denizenship, Citizenship, Voting rights, Nationality law, Multi-level government, The people, Foreigners, Residents, Affected persons principle, Democracy.

scholarly journals Żyć mocą Ducha Bożego w Kościele

2020 ◽  
Vol 6 ◽  
pp. 56-86
Author(s):  
Jacek Neumann ◽  
Keyword(s):  
Human Life ◽  
The Other ◽  
Theological Interpretation ◽  
The People ◽  
The World ◽  
The Gift ◽  
Human World ◽  
Christian Thought ◽  
The Right ◽  
The Church

Our life as the Christen in the community ecclesial is the announcement about God, which gives the people the gifts of love, freedom, friendship and truth. Through the forgiveness and the activity of the salvation of God, love and friendship in man’s life makes the human world more divine. This Jesus accents in His proclamation about the kingdom divine, specially in the parables, where He presents the model of the world based on love, hope, faith and freedom as the world of deeds based on God. Therefore, with the power of God’s Spirit, man has to make his life based on the norm of divine, because only in God, with God and through God exists for man the possibility to life now on earth, and afterwards in the future in heaven. In this situation, the answer of the man of faith has to be the motivation to take up the “deed” of the renovation of self-life and the imitation of God. This constitutes as the Christian thought that the central point of the theological interpretation of the value of salvation is realized – hic et nun – as the historical and existential value of the human life in the right of the kingdom divine. The proclamation of Jesus about the “new life”, presents to man the values of the divine existence in the spiritual of the Church. On one hand, it is the gift of freedom and the liberation from sin, where the love of God is absolutely necessary. On the other hand, the “new life” opens for man the space of liberty of life, where God forgives the human offences and the sins, both past and present. Well now the resume of the call to imitate God is the acceptance of the divine gift, which changes the man himself, and all the people, who seek the help and good councils to live the norm divine. These witnesses in the human mentality the consciousness of the existence based on the divine laws, which have in themselves the dimension eschatological.

scholarly journals HAK MEMILIH PENYANDANG DISABILITAS MENTAL DALAM PEMILIHAN UMUM SERENTAK TAHUN 2019 DI INDONESIA

2019 ◽  
Vol 10 (1) ◽  
pp. 99
Author(s):  
Anies Prima Dewi ◽  
Idea Islami Parasatya
Keyword(s):  
Mental Health Professionals ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Constitutional Court ◽  
Mental Disabilities ◽  
The People ◽  
Permanent Memory ◽  
General Elections ◽  
Right To Vote ◽  
The Right

This study discusses the implementation of elections as an indicator in the democratic system because it is the people who determine the direction of the policy of state power through their political suffrage. The people as the highest authority in their voting rights are very important in the implementation of elections. After the issuance of the Constitutional Court ruling Number 14/PUU-XI/2013 concerning the implementation of simultaneous general elections in 2019, what became much of a conversation and debate was about the voters' rights for persons with mental disability. This study uses the normative legal research method. Using secondary data sources and qualitative descriptive analysis. The results of this study show that the KPU Commissioner stated that persons with mental disabilities can exercise their right to vote by bringing a letter of recommendation or information from a doctor to be able to exercise their right to vote at the polling station (TPS). This is confirmed after the decision of the Constitutional Court Number 135/PUU-XIII/2015 which states Article 57 paragraph (3) of the Election Law does not have binding legal force as long as the phrase 'mentally disturbed or memory' is not interpreted as' experiencing mental disorders and/or permanent memory impairment which according to mental health professionals has eliminated a person's ability to vote in elections'. This reinforces and becomes a normative basis that persons with mental disabilities have the right to vote in the simultaneous general elections in 2019.Keywords: general elections; people with mental disabilities; voting rights.ABSTRAKPenelitian ini mebahas tentang pelaksanaan pemilihan umum menjadi indikator dalam sistem demokrasi karena rakyatlah yang menjadi penentu arah kebijakan kekuasaan negara melalui hak pilihan politiknya. Rakyat sebagai pemegang kekuasaan tertinggi dalam hak pilihnya menjadi sangat penting dalam pelaksaan pemilihan umum. Pasca keluarnya putusan Mahkamah Konstitusi Nomor 14/PUU-XI/2013 mengenai pelaksanaan pemilihan umum serentak tahun 2019, yang menjadi banyak perbincangan dan perdebatan adalah mengenai hak pemilih bagi penyandang diisabilitas mental. Penelitian ini menggunakan metode Penelitian Hukum normatif. Menggunakan sumber data sekunder serta analisis deskriptif kualitatif. Adapun hasil penelitian ini terlihat bahwa Komisioner KPU menyatakan penyandang disabilitas mental dapat menggunakan hak pilihnya dengan membawa surat rekomendasi atau keterangan dari dokter untuk bisa menggunakan hak pilihnya di tempat pemungutan suara (TPS). Hal ini dipertegas pasca putusan Mahkamah Konstitusi Nomor 135/PUU-XIII/2015 yang menyatakan Pasal 57 ayat (3) Undang-Undang Pemilu tidak mempunyai kekuatan hukum mengikat sepanjang frasa ‘terganggu jiwa atau ingatannya’ tidak dimaknai sebagai ‘mengalami gangguan jiwa dan/atau gangguaningatan permanen yang menurut professional bidang kesehatan jiwa telah menghilangkan kemampuan seseorang untuk memilih dalam pemilihanumum’. Hal ini memperkuat dan menjadi dasar normatif bahwa penyandang disabilitas mental memiliki hak pilih dalam pelaksanaan pemilihan umum serentak tahun 2019.Kata kunci: hak memilih; pemilihan umum; penyandang disabilitas mental.

scholarly journals Preventing the Wrongful Criminalization of Online Gender-based Violence Victims: A Look into Law No. 44 of 2008 on Pornography

2021 ◽  
Vol 2 (1) ◽  
pp. 32-40
Author(s):  
Almyra Luna Kamilla
Keyword(s):  
The Other ◽  
Gender Based Violence ◽  
Other Hand ◽  
The People ◽  
The Creation ◽  
Gender Based ◽  
The Right ◽  
Fundamental Values ◽  
Pornographic Material ◽  
Laws And Regulations

Undang-Undang No. 44 Tahun 2008 tentang Pornografi secara eksplisit melarang keras pembuatan konten yang mengandung pornografi, namun disisi lain, Penjelasan Pasal 4 ayat (1) pada Undang-Undang tersebut secara implisit memberikan hak bagi masyarakat untuk membuat materi pornografi selama ditujukan untuk diri sendiri dan demi kepentingan sendiri. Hal ini membuat adanya perdebatan yang dipengaruhi juga oleh nilai-nilai dasar bangsa Indonesia sebagai negara yang beradab dan beragama. Dalam prakteknya, Pasal 4 ayat (1) UU No. 44 Tahun 2008 tidak jarang disalahgunakan untuk menjadikan korban Kekerasan Berbasis Gender Online (KBGO) sebagai tersangka dalam kasus pornografi. Melalui pendekatan feminis dan berorientasi korban, Penelitian ini akan membahas bagaimana UU No. 44 Tahun 2008 tentang Pornografi dimanfaatkan baik sengaja atau tidak sengaja, sebagai senjata dalam reviktimisasi perempuan korban KBGO. Penulis menggunakan pendekatan yuridis-normatif dimana Penelitian ini didasari atas analisa terhadap peraturan perundang-undangan yang berlaku di Indonesia serta studi literatur. Hasil penelitian ini menemukan bahwa pada UU No. 44 Tahun 2008 tentang Pornografi terdapat perbedaan norma yaitu antara Pasal 4 ayat (1) dengan Penjelasan Pasal 4 ayat (1). Selanjutnya, dapat disimpulkan bahwa perbedaan norma tersebut disertai dengan pendekatan penegak hukum di Indonesia yang cenderung konservatif, memicu fenomena dimana korban KBGO yang seharusnya dilindungi justru dikriminalisasi ===== Law No. 44 of 2008 on Pornography explicitly condemned the creation of pornographic content, on the other hand, the Elucidation of Art. 4 (1) of the Law implicitly grants the right for the people to create pornographic material so long as it is intended for oneself and one’s interest. This issue has caused a debate that is also influenced by the fundamental values of Indonesia as a nation that is civilized and religious. In practice, Art. 4 (1) of Law No. 44 of 2008 on Pornography is often misused to cause victims of Online Gender-based Violence into suspects of cases of pornography. Using the feminist approach and victim-oriented perspective, this Research will discuss how Law No. 44 of 2008 on Pornography is utilized, on purpose or otherwise, as a weapon in revictimizing women who are victims of Online Gender-based Violence. The Author used the juridical-normative method in which the Research is constructed based on the analysis of Indonesian laws and regulations as well as literature studies. The results of this Research found that there are contradicting norms within Law No. 44 of 2008 on Pornography specifically between Art. 4 (1) and its Elucidation. Furthermore, it can be concluded that such contradicting norms complemented with the approach of Indonesian law enforcers which tends to be conservative, precipitated a phenomenon in which victims of Online Gender-based Violence who are supposed to be protected ended up criminalized.

scholarly journals The Mutual Rights and Duties of the Public and the Sovereignty in the Teachings of Nahj Al-balagha

2018 ◽  
Vol 4 (2) ◽  
pp. 185-188
Author(s):  
Hamed Purrostami
Keyword(s):  
Education System ◽  
The Other ◽  
The Public ◽  
Distribution Of Wealth ◽  
Contemporary World ◽  
Other Hand ◽  
The People ◽  
The World ◽  
Fair Distribution ◽  
The Right

Mutual duties and rights between people and sovereignty is one of the strategic and significant issues in the contemporary world. In the Islamic teachings especially Nahjulbalaghah it is not that the right is allocated to the ruler and government and on the other hand people only have duties and responsibilities. Rather the ruler has the significant duties even if he would be innocent. Among the strategic tasks of the ruler and leader are: Benevolence, Fair distribution of wealth and management of education system. These duties are, at the same time, the rights of the people and the ruler. On the other hand, people have duties in front of the Islamic ruler. In other words, these duties are rights of Religious Governance including loyalty to sovereignty, Support and response to demands of authority and etc. It is worthy to mention, the main aim of these rights and duties has been devised to provide the felicitous life for people in the world and hereafter.

scholarly journals A „per viam instantiae” perek az erdélyi református házassági jogban

DÍKÉ ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 16-28
Author(s):  
Péter Nagy
Keyword(s):  
Nineteenth Century ◽  
Canon Law ◽  
The Other ◽  
Reformed Church ◽  
Protestant Churches ◽  
The People ◽  
Matrimonial Law ◽  
The Right ◽  
Civil Courts

This article aims to analyse the “per viam instantiae” cases in the matrimonial jurisdiction of the Reformed Church in Transylvania. Until the introduction of civil marriages in 1895, denominations had the right to declare the marriage of their members in Transylvania in the second half of the nineteenth century. All this time, in the motherland, these cases fell under the jurisdiction of civil courts, and the canon law did not recognise the dissolution of marriage. Therefore, it was easier to get divorced in Transylvania than in the other parts of the Austro-Hungarian Empire. Due to this difference between the rules in the field of matrimonial law, the matrimonial courts of the protestant churches were the goal and an opportunity for the people who wanted to get divorced.

The Bolivian puzzle. Why did MAS win the elections again one year after the overthrow?

2021 ◽  
pp. 73
Author(s):  
Alexey Chernyshev
Keyword(s):  
Latin America ◽  
Political Culture ◽  
Social Structure ◽  
The Other ◽  
Andean Region ◽  
Political Situation ◽  
Other Hand ◽  
One Year ◽  
The Moment ◽  
The Right

The Luis Arce’s victory in the elections of the 2020 in Bolivia, on one hand, could be perceived as an unexpected one due to an extremely adverse political situation for the Movement toward the Socialism (Movimiento al Socialismo, MAS), but on the other hand it’s still understandable and attributable to some circumstances of the moment, as well as to some fundamental characteristics of the Bolivian society with its political culture peculiarities, complex social structure and the factor of the indigenous ethnic voting. The indigenous ethnic voting factor seems to gain more importance in the Andean region, if we consider the recent elections in Ecuador and Peru in the 2021. Moreover, the return of the MAS to power in Bolivia shall be analysed within the other regional phenomenon which is the strengthening of the left forces positions, contrary to the mid-2010s forecasts about the “right turn” in the Latin America.

The Constitutional Basis of Local Democracy

2015 ◽  
Vol 13 (3) ◽  
pp. 809-825
Author(s):  
Franc Grad ◽  
Igor Kaučič
Keyword(s):  
Decision Making ◽  
Local Communities ◽  
Local Elections ◽  
Local Democracy ◽  
The People ◽  
Town Meeting ◽  
Right To Vote ◽  
The Right ◽  
Popular Initiative ◽  
The Town

The Constitution of Slovenia guarantees local government, nevertheless it does not regulate forms of local democracy. Thus, the legislation envisages numerous different ways of citizens' participation, both direct and indirect, in decision-making in local communities. Still the local elections remain the most important way of citizens’ influencing decision making in local communities. The right of the people living in local communities to vote local authorities and to be elected for local offices is certainly the core of modern understanding of local democracy. In Slovenia, both members of municipal council and mayor are directly elected. Right to vote and to be elected have also EU citizens while other foreigners have only right to vote. Among forms of direct participation, the most important ones are the town meeting, referendum, popular initiative and right to petition. They enable the citizens to participate in the processes of deliberation, proposing and formulating decisions, stating preliminary positions with regard to decisions to be made as well as decision-making itself or confirming the solutions adopted.

The Persistence of Political Community, 1795–1799

2018 ◽  
Author(s):  
Kenneth Owen
Keyword(s):  
Decision Making ◽  
Political Culture ◽  
Political Engagement ◽  
Political Activism ◽  
Political Community ◽  
Decision Making Process ◽  
The People ◽  
Jay Treaty ◽  
The Right ◽  
Gubernatorial Election

This chapter analyses Pennsylvanian and American politics in the late 1790s, focusing particularly on the Jay Treaty debates, the Alien and Sedition Acts, the Fries Rebellion, and the Pennsylvania gubernatorial election of 1799 (a key precursor to the Adams–Jefferson election of 1800). In each episode, Pennsylvanians adopted a different set of political practices, all nevertheless predicated on some form of representative action. In all these episodes, Pennsylvanians argued the right of popular political engagement did not end at election time, but instead was a continuous factor that should shape the governmental decision-making process. The outpouring of popular political activism in a variety of forms underscored the importance of a participatory political culture that could be seen to represent the people as a whole.

Price Fixing and the Political Community, 1778–1779

2018 ◽  
Author(s):  
Kenneth Owen
Keyword(s):  
Political Culture ◽  
The State ◽  
Political Community ◽  
Popular Sovereignty ◽  
The Political ◽  
Economic Regulation ◽  
State Constitution ◽  
The People ◽  
The Right

In 1779, Pennsylvanians undertook a bold experiment in economic regulation—forming price-fixing committees to reverse wartime inflation. This chapter analyzes the committees’ structure and the context in which they were created. Winter 1778 saw great political turbulence: the evacuation of Philadelphia, treason trials, and an attempt to rewrite the state constitution. By 1779, defenders of the constitution were using price-fixing committees as a means of defending a Constitutionalist vision of government in which the people held the reins of power and the right to shape that government. Though the committees struggled to establish universal legitimacy, they helped legitimate a robust participatory political culture based upon popular sovereignty. This culture, though, remained turbulent, as in the Fort Wilson Incident of October 1779, in which militiamen surrounded the house of Republican politician James Wilson. This chapter investigates how Constitutionalists defended their vision of political culture even during periods of great upheaval.

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