scholarly journals ANALISIS PATOLOGI SOSIAL GENERASI MUDA DALAM PELAKSANAAN SYARIAT ISLAM DI KABUPATEN ACEH BARAT

2015 ◽  
Author(s):  
Nellis Mardhiah
Keyword(s):  
Young People ◽  
Rule Of Law ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Code Of Conduct ◽  
Young Generation ◽  
The West ◽  
Social Pathology ◽  
The Rule Of Law ◽  
The Social

Social pathology is a social disease suffered by young people today are happening in the land of shari’a. The type of social pathology that is mixing young people who have the freedom, do not appreciate the values and norms, and attitudes of young people who are far from the religious values in the code of conduct rules of Islamic law in Aceh Barat district based on the rule of law. This is a consequence of globalization is a world without borders, so that globalization also transfused to the westernization of Islamic youth in today's world. With the westernization of today's young generation to generation, the social pathology easily occur. The authors of this research focuses on the West Aceh district as a district known as the Islamic Shari'a. This study used a qualitative descriptive analysis methodologies for being able to respond to the social pathology that is happening today. The purpose of this paper is to contribute to the West Aceh district government in enforcing Islamic law in the Islamic Shari'a, which was valid as the rule of law to enforce strict Islamic law. The results showed enforcement of Islamic law in Aceh Barat district special because the younger generation is often weak and apathetic to the rules of Islamic law until the reign of West Aceh Regent reiterated in Rule Number 5 of 2010 on the Enforcement of Islamic Law in Aceh Barat district in the application of Islamic dress in Regency West Aceh.Keywords: Social Pathology, Youths, Islam.

scholarly journals The Implementation Effort Islamic Law Norms in Activities for Overcoming Pornography and Pornoaction on Mass Media

2017 ◽  
Vol 5 (1) ◽  
pp. 1-12
Author(s):  
Ramlani Lina Sinaulan
Keyword(s):  
Mass Media ◽  
Rule Of Law ◽  
Islamic Law ◽  
Social Values ◽  
The Rule Of Law ◽  
Implementation Effort ◽  
Permissive Attitude ◽  
The Social ◽  
Universal Properties ◽  
The Times

This paper discusses the effort Islamic Law norms in activities for overcoming pornography and porno-action on mass media. By using normative legal research, the result found that the concept of Islamic law, behave based on sharia, shows the importance of shaping the personality traits of Islam (syakhsiyya Islāmiyya) and based on the devotion and faith. Because of the relation to the formulation of the rule of law against pornography behavior, it can not be designed, prepared and formulated based on social values. Based on the facts of society, as a result of the moral decadence that led to a permissive attitude towards their cultural infiltration, the social values in assessing the behavior may become more permissive toward behavior. However, the use of religious norms which have universal properties will not change, and even capable of elastic with the times.

scholarly journals Caught, clubbed and burnt: criminological reflections on the incidence of jungle justice in Benin Metropolis, southern Nigeria

2018 ◽  
Vol 7 (3) ◽  
pp. 32-40
Author(s):  
Emmanuel Imuetinyan Obarisiagbon Barr
Keyword(s):  
Rule Of Law ◽  
Qualitative Data ◽  
Descriptive Analysis ◽  
Court System ◽  
Human Right ◽  
The Rule Of Law ◽  
The Public ◽  
Qualitative And Quantitative ◽  
The Social ◽  
Southern Nigeria

All over Southern Nigeria, incidents of people taking the law into their hands and meting out instant justice on suspected criminals without recourse to the rule of law and the position of Section 33 (1) of the 1999 Constitution of the Federal Republic of Nigeria abound. This motivation for participation in jungle justice was therefore explored. A combination of both qualitative and quantitative techniques was employed to collect data from six hundred and fifteen respondents. A descriptive analysis of the quantitative data collected was undertaken, using frequency distribution while the qualitative data were content analysed. Findings from this study reveal that motivation for jungle justice was multifaceted. Illiteracy, lack of trust on the police, flaccid court system, chronic anger due to economic situation and disregard for the rule of law and human right were some of the motivation for the alarming incidence of the social phenomenon. Based on the findings of this study, there is the need to overhaul the criminal justice processes with a view to boosting the confidence of the public in its activities and also embark on a teaching on no violence and the ills of jungle justice.Keywords: Jungle justice, court, police, human rights

scholarly journals Implementation of Raw Contract for Financing in Mandiri Syariah Bank

2019 ◽  
Vol 7 (2) ◽  
pp. 261-267
Author(s):  
Enjang Sudarman
Keyword(s):  
Rule Of Law ◽  
Descriptive Analysis ◽  
Research Data ◽  
Grand Theory ◽  
Business World ◽  
The Rule Of Law ◽  
The Public ◽  
Standard Contract ◽  
The Social ◽  
Pros And Cons

This research is motivated by the existence of a standard contract which is a written agreement made or provided by one party, by including various contract clauses that have been standardized by one party without giving the other party the opportunity to negotiate them. The existence of a standard contract in the sharia business world is a pros and cons among the public, especially among legal experts, because in addition to making it easier and saving time, it is also considered to be against the principles of sharia, namely persecuting other parties. The theory used in this research is that the grand theory uses the rule of law theory; Middle Rangge Theory uses the Shahadah Theory from al-Syafi'i then the Social Juctice Theory; and the application theory uses a legal system supported by the theory of legal change. This study uses descriptive qualitative research, in collecting data, the authors use the method of observation, interviews and documentation using descriptive analysis to describe and describe the data obtained by using words or sentences that are separated according to the research data category in order to obtain a conclusion. The result of the research shows that the standard contract is legally valid because it has fulfilled the terms and conditions of contract in Islam which are marked by the signing of the standard contract by both parties as proof that both parties are equally pleased.

Global Norms and Local Courts

2017 ◽  
Author(s):  
Tobias Berger
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Policy Makers ◽  
Norm Diffusion ◽  
The Rule Of Law ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Social ◽  
Global Norms ◽  
Local Courts

What happens to transnational norms when they travel from one place to another? How do norms change when they move; and how do they affect the place where they arrive? This book develops a novel theoretical account of norm translation that is located in-between theories of norm diffusion and norm localization. It shows how such translations do not follow linear trajectories from ‘the global’ to ‘the local’. Instead, they unfold in a recursive back and forth movement between different actors located in different contexts. As norms are translated, their meaning changes; and only if their meaning changes in ways that are intelligible to people within a specific context, the social and political dynamics of this context change as well. This book analyses translations of ‘the rule of law’. It focuses on contemporary donor-driven projects with non-state courts in rural Bangladesh and shows how in these projects, global norms change local courts—but only if they are translated, often in unexpected ways from the perspective of international actors. Based on extensive fieldwork, this book reveals how grassroots-level employees of local non-governmental organizations significantly alter the meaning of global norms—for example when they translate secular notions of the rule of law into the language of Islam and Islamic Law—and only thereby also enhance participatory spaces for marginalized people. Such translations that change both global norms and local courts have been largely neglected by scholars and policy makers alike; they are the central theme of this book.

scholarly journals Analysis Study of Islamic Nomocracy and Pancasila Democracy in Indonesia

2020 ◽  
Vol 7 (10) ◽  
pp. 745
Author(s):  
Dedi Eko Riyadi HS ◽  
Ach. Syaiful ◽  
Syamsuri Syamsuri ◽  
Moh. Lutfi ◽  
Homaidi Homaidi ◽  
...  
Keyword(s):  
Rule Of Law ◽  
Islamic Law ◽  
Complete Understanding ◽  
The West ◽  
Analysis Study ◽  
The Rule Of Law ◽  
Free Trial ◽  
Constitutional State ◽  
The World ◽  
Principle Of Justice

Basic Demand is a concept of a rule of law of a nation. An indisputable fact is that in all countries in this world, there is nothing that is not included based on their country, be they communist, liberal, religious, national, or otherwise. In a complete understanding, we can understand that Islam is a comprehensive religion; This right is proven by how Islam can parse and become a solution to various moral and material problems and includes various human activities in life not only in the world but also concerning life in the hereafter. According to the author's analysis, the term nomocracy is the most appropriate choice to be used in the term "rule of law", a version of Islamic law, not "theocracy". The analysis of this author comes to this conclusion because it is based on the principles of Islamic nomocracy including the principle of power as 1) trust, 2) the principle of equality, 3) the principle of recognition and protection of every human rights, 3) the principle of deliberation, 4) the principle of justice, 5) principles of the free trial, 6) principles of peace, 7) principles of welfare and so on. As for the constitutional state of Pancasila, it is based on the values a) divinity, b) humanity, c) integrity, deliberation, and justice. The occurrence of a combinative conception relationship; Islam, the West, and Indonesia led to the formation of the concept of the rule of law, Pancasila. Based on this understanding, it can be concluded that the principles contained in the constitutional state of Pancasila are part of the values contained in the Islamic nomocracy.

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

Theoretical and methodological determinants of the Robert von Mol’s concept of the social state

2020 ◽  
Vol 2020 (1) ◽  
pp. 37-45
Author(s):  
Svetlana Pirozhok
Keyword(s):  
19Th Century ◽  
Rule Of Law ◽  
Social Protection ◽  
The State ◽  
Scientific Article ◽  
Social State ◽  
The Rule Of Law ◽  
Legal Thought ◽  
The Social ◽  
The 19Th Century

The relevance of determining the theoretical and methodological determinants of the Robert von Moll’s concept of the social state is due to the need to determine the patterns of evolution of ideas about the state and law, as well as the need to assess the ability to use the potential of the Robert von Moll’s theoretical and legal heritage, his predecessors and contemporaries to identify the optimal model of the social state. Modern Russia attempts to build such state. The proclamation and consolidation of Russia as a social state governed by the rule of law at the constitutional level requires attention both to the experiments carried out in social and legal development, and to the practices of social reform, and also to those ideas that have not yet been embodied. The ideas of European scholars regarding the evolution of the state-legal organization of society in the early modern period, based on which Robert von Mohl (1799–1875) developed original concepts of a social state and a state governed by the rule of law are discussed in the article. An analysis of the state of European political and legal thought and identification of the factors that have a significant impact on the development of Robert von Mohl’s doctrine of a social state governed by the rule of law are the purposes of the scientific article. The methodological basis of the study was the dialectical-materialistic, general scientific (historical, systemic) and special (historical-legal, comparativelegal) methods of legal research. The method of reconstruction and interpretation of legal ideas had great importance. As a result of the study, it was concluded that in the first half of the 19th century in European political and legal thought various approaches was formed to consider the problems of social protection and how to resolve them. The development trend of European political science became the transition from ideas and principles formed in the conditions of police states and enlightened absolutism to the ideas of a state governed by the rule of law (constitutional) that protects the rights and freedoms of a citizen. At the same time, it was a question of the rights and freedoms of only a part of the population: the proletariat growing in number and significance was not always evaluated as an independent social stratum. The axiological principles of state justification have also changed. Rights and utility principle became dominant principles. In the first half of the 19th century the social issue as an independent scientific problem of the European political and legal thought was not posed and not systematically developed. Questions about the social essence of the state, the specifics of the implementation of the state social function, the features of public administration in the new stage of socio-economic development of society predetermined the emergence of the idea of a social state. This idea was comprehensively characterized in the Robert von Mohl’s works. He went down in the history of political and legal thought as founder of the concepts of social and governed by the rule of law state.

scholarly journals A Populist Monster and the future of Constitutional Democracy

2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Democracy ◽  
Council Of Europe ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Social ◽  
The Eu

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.

Civil society and the nature of urbanism: Britain, 1750–1850

Urban History ◽  
1998 ◽  
Vol 25 (3) ◽  
pp. 289-301 ◽  
Author(s):  
R.J. Morris
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Free Market ◽  
Central Place ◽  
Historical Evidence ◽  
The Rule Of Law ◽  
Political Relationships ◽  
The Social ◽  
Making Choices ◽  
Urban Places

ABSTRACTThe concept of civil society provides a useful means of evaluating the social and political relationships of British towns. Civil society refers to the non-prescriptive relationships that lie between the state and kin. Such relationships are associated with the existence of the free market, the rule of law and a strong voluntary associational culture. Both theoretical analysis and historical evidence link civil society with the nature of urban places, their complexity, their function as a central place and their operation as a focus for flows of information. Between 1780 and 1820 the agencies of civil society in Britain provided an arena for making choices, for reasoned informed debate and for the collective provision and consumption of services in an open and pluralist manner.

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