scholarly journals PENGARUH KEKUASAAN POLITIK TERHADAP PEMBENTUKAN HUKUM DI INDONESIA

2018 ◽  
Vol 2 (2) ◽  
pp. 92-104
Author(s):  
NURAINI NURAINI
Keyword(s):  
Rule Of Law ◽  
Political Process ◽  
The State ◽  
Conceptual Approach ◽  
Power Politics ◽  
The Rule Of Law ◽  
The People ◽  
General Power ◽  
Political Configuration ◽  
Political Decisions

The state of Indonesia embraces the sovereighty of the people or democracy. The people are the owners of the highest power in the state. The real power comes from the people, by people, and for the people. Even idealized power is held together with the people. Indonesia itself is also a country that adheres to the law. From the opinion of the exparts we can see that the state that follows the rule of law is always related to power. Where power is always limited by the laws that bind it. In other words the sphere of power is limited by the rules that are bound by the rules that have been composed and written and made by the agency that is authoorized to make it.The type of research used is normative juridical research. This study uses “ conceptual approach, legislation approach, and historical approach, in discussing the problems that exist in this research method is a way to perform analysis of data.Political power is the ability to use the source of influence to influence the process of making and executing political decisions so as to benefit itself, the group or society in general. Power is a gekala that always exist in the political process, in Indonesia law is a product of power (politics) so that the character of each legal product  will be determined or colored by consideration of force political configuration that gave birthday.

Bestuurszorg Pemerintah dalam Negara Hukum Indonesia

Esensi Hukum ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 1-11
Author(s):  
Herman -
Keyword(s):  
Rule Of Law ◽  
The State ◽  
The Body ◽  
Popular Sovereignty ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Maximum Extent ◽  
The People ◽  
The Government

Abstract Bestuurszorg is a concept found in modern rule of law. The main obligations in the rule of law are given duties and functions to the maximum extent to create prosperity and welfare of the people. The preamble to the constitution in force in Indonesia requires the Indonesian government's obligation to create prosperity and welfare. The body (article by article) of this constitution also explicitly states that the State of Indonesia is a state of law based on popular sovereignty. This research is a normative legal research with a statutory approach and a conceptual approach. The results of this study suggest that the obligations of the government in the Indonesian State of Law are duties and functions to create prosperity and welfare of the people. The government is also given the power to implement the constitutions and laws through its authority in terms of making laws and regulations independently. Keywords: State of law, bestuurszorg, prosperity and welfare.

The People Shall Be Judge

2011 ◽  
Vol 39 (6) ◽  
pp. 749-776 ◽  
Author(s):  
Miguel Vatter
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Popular Sovereignty ◽  
Political Judgment ◽  
The Rule Of Law ◽  
The People ◽  
Civil Condition

This essay offers an interpretation of Kant’s republicanism in light of the problem of political judgment. Kant is sometimes thought to base his conception of law on an idea of sovereignty drawn from Hobbes and Rousseau, which would leave little room for popular contestation of the state. In this essay, I reconstruct Kant’s account of the rule of law by bringing out the importance of his theory of judgment. I argue that for Kant the civil condition is ultimately characterized by a contest between the judgment of the sovereign and the judgment of the people, which corresponds to the determinative and reflective employments of political judgment, respectively. On this view, popular sovereignty is ultimately located in the people’s power to judge politically and contest publicly the state.

scholarly journals LAW POLITIC OF ADMINISTRATIVE COURT JUDICATURE IN INDONEESIA

2019 ◽  
Vol 3 (1) ◽  
pp. 47
Author(s):  
Wahyu Mukti Beny Setiyawan ◽  
Fitriya Desi Wulandari
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal System ◽  
The State ◽  
The Rule Of Law ◽  
The People ◽  
The Law ◽  
Administrative Courts ◽  
Administrative Justice

Law politic present at the point of encounter between living realism and the demands ofidealism. Political law concerns on an ideal or hope, then there is a legal vision that is setin advance, then the form and content of the law are built to realize that vision. Theurgency existence of administrative justice in realizing the rule of law encourages thegovernment to establish a legal system in the field of administrative justice through theestablishment of Law Number 51986 about State Administrative Courts, which is thefoundation for the establishment of a State Administrative Court in Indonesia. In theexplanation of Law Number 5 of 1986 stated that the State Administrative Court was heldin order to provide protection to the people seeking justice, which felt themselves to beharmed by a State Administrative Decision. Principly, a country is expected to giveprotection for the human rights of its citizens

Moral Character, Policy Effectiveness, and the Presidency: The Case of JFK

1998 ◽  
Vol 10 (4) ◽  
pp. 445-460
Author(s):  
W. J. Rorabaugh
Keyword(s):  
Rule Of Law ◽  
Political Process ◽  
The Political ◽  
Political Leaders ◽  
Checks And Balances ◽  
Abuse Of Power ◽  
The Rule Of Law ◽  
Founding Fathers ◽  
White Males ◽  
The People

The founding fathers laid down a number of principles for successful governance in the new republic. Among these, in the formal sense, were written constitutions, the division of power among three branches of government, checks and balances to prevent abuse of power, the rule of law, and equality before the law. Most of these ideas were English in origin and had been practiced, in varying degrees, in the colonies. The failure of the colonial polity, the founders believed, had occurred because at times British power in North America had been exercised in opposition to notions of sound governance. In addition, the founders heeded public opinion and accepted, somewhat reluctantly, broad participation by white males in the political process. Having experienced British tyranny, they embraced free speech and a free press. While these various principles, the founders agreed, were ingredients that could produce a republic, such a republic would be viable only if the people and their political leaders possessed virtue.

scholarly journals NEGARA BERDASARKAN HUKUM (RECHTSSTAATS) BUKAN KEKUASAAN (MACHTSSTAAT)

2017 ◽  
Vol 6 (3) ◽  
pp. 421
Author(s):  
Zahermann Armandz Muabezi
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Authoritarian Rule ◽  
The Rule Of Law ◽  
The People ◽  
Good State ◽  
State Administration ◽  
State Of Power ◽  
The Government ◽  
Further Development

The vision of the rule of law was first forwarded by Plato and then confirmed by Aristotle. Plato’s concept stated that a good state administration is based on a good (law) arrangement, this term called nomoi. In further development Rudolf von Gneist name this term with rechtsstaat where earlier Albert Venn Dicey named it the rule of law. In principle rechtsstaat or rule of law aims to limit the rulers (government in a broad sense) attitudes and acts based on laws and regulations that apply at a certain place and time on the people. The doctrine of rechtsstaats or rule of law can only grow in a democratic country. Without the rule of law and democracy there will be only totalitarian, fascist, absolute and repressive ideology. Politics becomes the highest commander where the law become a means of maintaining the power which is inconsistent with the government. This form is called the state of power (machtsstaat). This article is trying to use empirical analysis. The doctrine of the state of law and democracy are both the attributes of the modern state of a political system built more than two centuries ago. The transformation of the democratic transition ensures that authoritarian rule becomes democracy based on the rule of law implying that both can be achieved together by involving all stakeholders given their respective roles and chance simultaneously according to the agreement.Keywords : rule of law, power sate, rule of law measurement, democracy

scholarly journals PEMAHAMAN MASYARAKAT DI KECAMATAN LINTAU BUO UTARA TENTANG HUKUM PERKAWINAN SEHUBUNGAN DENGAN TERJADINYA PERKAWINAN ANAK

2019 ◽  
Vol 2 (2) ◽  
pp. 84
Author(s):  
Ashabul Fadhli
Keyword(s):  
Rule Of Law ◽  
Local Community ◽  
Extended Family ◽  
The State ◽  
Child Marriage ◽  
Marriage Law ◽  
The Rule Of Law ◽  
The People ◽  
The Law ◽  
Religious Courts

<p>Adanya praktek perkawinan anak yang dilakukan oleh masyarakat di Kecamatan Lintau Buo Utara diyakini bermula dari kompleksitas persoalan yang sembraut, diantaranya adalah lemahnya pengetahuan masyarakat mengenai hukum perkawinan. Pada temuan di lapangan, pelaksanaan pernikahan yang dilansungkan oleh orang tua atau keluarga besar anak dilakukan dalam dua bentuk yaitu perkawinan yang dilakukan di Kantor Pengadilan Agama Batusangkar setelah mendapatkan penetapan hukum dispensasi kawin dan perkawinan yang tidak dilakukan melalui hukum Negara. Pada bentuk perkawinan yang kedua, perkawinan biasanya dilakukan secara diam-diam atau di bawah tangan. Temuan ini dikuatkanoleh penuturan dan informasi dari masyarakat setempat yang sekiranya sudah dianggap sebagai suatu hal yang biasa. Untuk menyikapi informasi dan kebiasaan masyarakat di atas, penelitian ini berusaha untuk mengulas dan mendalami pemahaman masyarakat terkait sejauh mana aturan hukum Negara melalui hukum perkawinan dilaksanakan.Pada akhir penelitian akan diketahui apakah pertimbangan menikahkan anak sudah terintegrasi dengan baik antara ide-ide <em>fiqh</em> dan isi Undang-Undang Perkawinan, atau hanya sebatas pengetahuan yang tidak dilaksanakan, dan selalu berujung pada kebiasaan menikahkan anak dengan cara-cara yang bertentangan dengan hukum negara.</p><p> </p><p>The existence of child marriage practices conducted by the community in Kecamatan Lintau Buo Utara is believed to stem from the complexity of unresolved issues among others is the weak knowledge of the community regarding marriage law. In the field findings, the marriage exercises carried out by the parents or the extended family of children are conducted in two forms: marriage done at the Batusangkar Religious Courts Office after obtaining the law of marriage and marriage dispensation which is not done through the law of the State. In the second form of marriage, marriage is usually done secretly or under the hands. These findings are corroborated by the narrative and information of the local community which if it has been considered as a matter of course. To address the information and habits of the community above, this research seeks to review and deepen the understanding of the people related to the extent to which the rule of law of the State through marriage law is implemented. At the end of the research will be known whether the consideration of marriage is well integrated between the ideas of fiqh and the contents of the Marriage Law, or only limited knowledge that is not implemented, and always led to the habit of marrying children in ways that contradict state law.</p>

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.

Determinanty wewnętrzne polityki zagranicznej Ukrainy pod rządami Wołodymyra Zełenskiego

2019 ◽  
Vol 17 (1) ◽  
pp. 123-141
Author(s):  
Tomasz Stępniewski
Keyword(s):  
Market Economy ◽  
Rule Of Law ◽  
Political System ◽  
Free Market ◽  
Stable State ◽  
Free Market Economy ◽  
The Rule Of Law ◽  
The People ◽  
Internal Politics ◽  
Research Questions

The present paper discusses the following research questions: to what extent did errors made by the previous presidents of Ukraine result in the country’s failure to introduce systemic reforms (e.g. combating corruption, the development of a foundation for a stable state under the rule of law and free-market economy)?; can it be ventured that the lack of radical reforms along with errors in the internal politics of Ukraine under Petro Poroshenko resulted in the president’s failure?; will the strong vote of confidence given to Volodymyr Zelensky and the Servant of the People party exact systemic reforms in Ukraine?; or will Volodymyr Zelensky merely become an element of the oligarchic political system in Ukraine?

Conclusion

2018 ◽  
Author(s):  
Fanie du Toit
Keyword(s):  
South African ◽  
Social Exclusion ◽  
Rule Of Law ◽  
The State ◽  
African History ◽  
Divided Societies ◽  
The Rule Of Law ◽  
South Africans ◽  
Social Goods ◽  
Forward Looking

Reading South African history through the lens of interdependence helps explain the disappointment that many South Africans feel in relation to reconciliation. While they are justified in feeling let down, owing to rising inequality and social exclusion, it is wrong to blame Mandela’s strategy of just interdependence because it was abandoned too early. In seeking to overcome oppression, reconciliation is forward-looking and predicated on rebuilding relationships in divided societies. Dealing with a violent past is valuable when striving for a more just future. Reconciliation fosters just, inclusive, and fair societies and is locally owned and driven. A progressive approach to reconciliation is also needed. Reconciliation recognizes the inherent interdependence between citizens themselves, and between citizens and the state. These relationships are progressively re-established in more just ways. In so doing, it helps to create conditions in which social goods such as forgiveness, the rule of law, or democracy become possible.

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