scholarly journals Cyber sex menurut perspektif hukum islam dan undang-undang no. 44 tahun 2008 tentang pornografi

2019 ◽  
Vol 10 (1) ◽  
pp. 50-66
Author(s):  
Fawwas . ◽  
Achmad .
Keyword(s):  
Negative Impact ◽  
Freedom Of Expression ◽  
Human Life ◽  
Criminal Code ◽  
The World ◽  
The Law ◽  
The Many

Pornography is an old problem that cannot be addressed by the provisions contained in the Criminal Code (Wetbook van Starvrecht Nederlandsch-Indie). The negative impact of pornography is increasingly worrisome, including: the occurrence of rape, adultery and abortion. Then the Indonesian Ulema Council (MUI) issued a fatwa Number 287 of 2001 concerning the prohibition against pornography and porno-action, because it was guided by the law on the many disadvantages of the benefits arising from pornography and porno-action and the prohibition against acts of approaching adultery. Because pornography and porno-action can be closer to adultery. In Islam also recognizes freedom of expression and opinion, does not mean freedom is used for negative purposes such as pornography and porno-action. But freedom of expression and opinion must be accountable not only to humans but also to Allah SWT. Islam teaches that the main purpose of life and human life is to get the pleasure of Allah alone. And accountable for all his actions while living in the world, including treating and utilizing his body as a mandate of Allah SWT.

Appropriating Law in Harriet Beecher Stowe's Dred

2007 ◽  
Vol 62 (3) ◽  
pp. 380-406 ◽  
Author(s):  
Laura H. Korobkin
Keyword(s):  
North Carolina ◽  
Legal System ◽  
Slave System ◽  
Personal Beliefs ◽  
Great Dismal Swamp ◽  
Dismal Swamp ◽  
The World ◽  
The Law ◽  
The Many ◽  
The Individual

This essay investigates Harriet Beecher Stowe's interpolation of State v. Mann, a harsh 1829 North Carolina proslavery decision, into her 1856 novel Dred: A Tale of the Great Dismal Swamp. The essay argues that Stowe's use of State v. Mann continues a conversation about slavery that had been carried on through its text for many years in abolitionist writings. Bringing State v. Mann's circulation history into view shows Stowe engaging the antislavery establishment as well as the legal system, borrowing and imitating its techniques for handling proslavery materials. If her novel is infiltrated and structured by the many legal writings that it assimilates, its fictive world in turn infiltrates, interprets, and alters the significance of the writings she employs, so that proslavery legal writings are made to testify strongly against the slave system that they originally worked to maintain and enforce. Stowe's hybrid text dominates the law while smoothly assimilating it into an interpretive fictive context. Simultaneously, Stowe's typographical cues remind readers of State v. Mann's ongoing, destructive extratextual legal existence. By linking fictive context to legal content, Stowe's novel suggests that slave law must be read and interpreted as a unit that includes the individual suffering it imposes. Misreading State v. Mann as revealing its author's belief in the immorality of slavery, Stowe constructs a fictional judge who upholds slave law despite his personal beliefs. By absorbing, imitating, and besting the strategies and the reach of both legal and abolitionist writings, Dred implicitly stakes a claim for the superior power of political fiction to act in the world.

How is Technology Changing Talent Management?

2017 ◽  
Author(s):  
Patrick Gavan O'Shea ◽  
Kerrin E. Puente
Keyword(s):  
Human Life ◽  
Talent Management ◽  
Future Research ◽  
Systematic Research ◽  
Technological Advances ◽  
The World ◽  
Research Findings ◽  
The Many

Technological advances have touched nearly every aspect of human life in recent decades, including the world of work. This chapter provides an overview of how these advances have specifically affected talent management. Organized around the primary elements of the talent-management lifecycle (identifying talent, acquiring talent, developing talent, and evaluating talent), each section provides a summary of current research findings and practice trends, examples illustrating those trends, and questions to guide future research. Several themes cut across these sections, including (1) the potential for technology to help individuals to identify, grow, and manage their talent in a more proactive ways, (2) the increasing use of engaging simulations for recruitment, selection, and developmental purposes, and (3) the need for systematic research to investigate the many intriguing questions raised by technology’s dramatic influence throughout the talent-management field.

scholarly journals Teacher Candidates’ Views about the Effects of Information and Communication Technologies on Human Rights and Freedoms

2021 ◽  
Author(s):  
Nazike Karagözoğlu
Keyword(s):  
Human Rights ◽  
Information And Communication Technologies ◽  
Teacher Candidates ◽  
Negative Impact ◽  
Freedom Of Expression ◽  
Human Life ◽  
Communication Technologies ◽  
Private Life ◽  
Security Measures ◽  
Information And Communication

The recent rapid developments in technology have caused great changes in all areas of human life. This study aimed to determine the views of teacher candidates on the rights and freedoms affected by information and communication technologies (e.g., telephone, computer, and internet). The study was carried out in the spring term of the 2020-2021 academic year, and the sample consisted of 100 volunteer teacher candidates studying the "Human Rights and Democracy Course" at the Faculty of Education of Yozgat Bozok University. The data of this qualitative research were collected through teacher candidates’ compositions and were analyzed using content analysis. According to the results of the research, the rights and freedoms that are thought to be positively affected by the use of information and communication technologies are as follows: freedom to obtain and disseminate information, freedom of communication, right and duty of education, right to congregate / right of organization, right to legal remedies, freedom of expression and dissemination of thought, and right to enter public services. The negatively affected rights and freedoms are determined as privacy of private life, right to request the protection of his/her personal data, personal liberty and security, freedom of information and dissemination, and right to health. To minimize the negative impact of information and communication technologies on rights and freedoms, teacher candidates expressed some suggestions such as information and communication technologies education, human rights education, sanction/punishment, personal security measures, and increasing supervision.

scholarly journals TEORI KEADILAN DALAM PERSPEKTIF FILSAFAT HUKUM DAN ISLAM

2018 ◽  
Vol 14 (2) ◽  
pp. 27-44
Author(s):  
Muhammad Kurniawan Budi Wibowo
Keyword(s):  
Social Justice ◽  
Islamic Law ◽  
Human Life ◽  
General Concept ◽  
Legal Philosophy ◽  
Human Interest ◽  
Theory Of Justice ◽  
Divine Justice ◽  
The World ◽  
The Law

The existence of Islamic law in the world is to regulate human life, both as a person and as a member of society in order to behave according to the wishes of the Creator. This is different from the general concept of law which is only intended to regulate human life as members of society or in other word the law exists because of the conflict of human interest. Among the problems in the philosophy of Islamic law, the most frequent discourse is about the issue of justice in relation to the law. This is because the law or regulation must be fair, but in fact it is often not. This paper will describe this issue of justice from the perspective of legal philosophy and Islam. In the perspective of legal philosophy, the author will only parse the theory of justice Aristotle and John Rawl. Whereas in the perspective of Islamic legal philosophy, the author will parse the theory of the Muktazilah and Asyariyah divine justice, and the Islamic Maqasyid Theory as the ideals of Islamic legal social justice.

scholarly journals Basic Assumptions

Wisdom ◽  
2020 ◽  
pp. 148-175
Author(s):  
John Kekes
Keyword(s):  
Human Life ◽  
Basic Assumptions ◽  
The World ◽  
The Many ◽  
Better Than

Basic assumptions are those we cannot help holding. Some of them are factual, such as that we have a body; other people exist; we need nutrition, rest, contact with others; we have and use language, and so forth. Others are evaluative, like health is better than sickness, happiness better than misery, appreciation better than humiliation, peace better than war, and so on. Such assumptions are about the fundamental conditions of our lives and presupposed by how we respond to the world. Some of them may be mistaken, but if many of them were mistaken, human life would be endangered. We can then test our beliefs, emotions, desires, and evaluations by asking whether they conform to basic assumptions. Part of human wisdom is to know which of the many assumptions we make are basic, which are not, and how to avoid confusing strongly held assumptions, especially evaluative ones, with basic ones.

scholarly journals ASTROLOGI SEBAGAI ILMU BANTU EPIGRAFI: SEBUAH PEMIKIRAN

2014 ◽  
Vol 34 (1) ◽  
pp. 85-96
Author(s):  
Djulianto Susantio
Keyword(s):  
Human Life ◽  
The West ◽  
Human Aspects ◽  
The World ◽  
History Of ◽  
The Many ◽  
Almost All ◽  
India And China

Of the thousands of inscriptions, both stones and metals, there is only small number known as dated. Other parts are damaged, worn, or missing for various reasons. Generally, inscription contains elements of the date, month, and year in the Saka dates. With a particular method, Saka dates can be converted to AD dates. Even through the knowledge of astronomy, the element of hours can be interpreted. These four elements, namely the date, month, year, and hour are absolutely necessary in the analysis of astrology. Originally astrology is used to predict human life. However, with the development of science, it can also predict the non-human aspects, such as the important events in the history of the world. Through incisive analysis, knowledge of astronomy and astrology is very useful for epigraphy, although the time was far behind. There are several types of astrology it is commonly known, the West Astrology or Greek Astrology and East Astrology of India and China. Actually, almost all major civilizations in the world knew astrology. But among the many traditions, currently only popular Western Astrology, Chinese Astrology, Indian Astrology. Since a few years ago the West began to introduce Archaeology Metaphysics, one of them through the analysis of astrology. 

scholarly journals Lockdown Policy Dilemma: COVID-19 Pandemic versus Economy and Mental Health

2020 ◽  
Vol 3 (2) ◽  
pp. 37-58
Author(s):  
Hasan Ahamed ◽  
Kazi Tanvir Hasan ◽  
Md. Tamzid Islam ◽  
Faisal Chowdhury Galib
Keyword(s):  
Mental Health ◽  
Negative Impact ◽  
Positive Impact ◽  
Human Life ◽  
Gdp Growth ◽  
Economic Activities ◽  
The People ◽  
The World ◽  
The Cost ◽  
The Impact

Lockdown is considered to be the best of policies around the world to fight the deadly virus of COVID-19 which decimated hundreds of people in the last six months. However, this is not a cost-free measure. Billions of dollars worth of economic activities halted hinging upon these measures imposed by the governments of the countries. For instance, IMF predicted that the GDP growth will decline by 4.9 percent in 2020. Global trade is also expected to plummet by 27 percent in the second quarter of the year. In addition, paucity of recreational activities severely affects the mental health of the people. While imposing lockdown, both the cost and benefit should be analyzed to understand the real benefit of these measures on human life. This study critically examines the impact of the lockdown measures on mental health, and the economy of Bangladesh along with the efficacy of the measures on containing the virus. We found that the negative impact on the economy and mental health surpasses the positive impact of curbing the pandemic. It also compares the efficacy of the measures in different countries to find out the pattern that resembles with Bangladesh. From all the data, we conclude that the cost of lockdown measures in the country is greater than the benefit it brings to Bangladesh.

scholarly journals Extremism. Juridical Abstraction. Problems of Demarcating the Freedom of Expression

2019 ◽  
Vol 13 (4) ◽  
pp. 629-640
Author(s):  
Vladimir Suchkov ◽  
Vladimir Filonov
Keyword(s):  
Russian Federation ◽  
Negative Impact ◽  
Freedom Of Expression ◽  
Local Level ◽  
Constitutional Court ◽  
National Courts ◽  
The Russian Federation ◽  
The Law ◽  
Definition Of ◽  
The Right

The authors examine the juridical idea of extremist used in the criminal law of the Russian Federation. This work is an attempt to solve the problem of differentiating between this concept and the freedom of expression. The establishment of boundaries and limits of these phenomena is important for both lawmakers and law enforcers. The authors use the attributes of the phenomenon of «extremism» in an attempt to understand its form and contents. To achieve this, they analyze views on different scholars on extremism, the law and its amendments, clarifications of the highest court authorities of the country regarding the object of this research, and study the doctrinal practice of experts – linguists and psychologists. They synthesize the discovered meanings of extremism and identify its features. The obtained information allowed the authors to conclude that the definition of extremism formulated in the law is not precise, it lacks clear boundaries and, at the categorial level, could be viewed as an abstract concept. This concept, incorporated in the law, has a negative impact on the quality of the law and impedes the right choice of interpretation by national courts. The fuzziness of legal prescriptions has not yet been eliminated by the Constitutional Court of the Russian Federation and the law enforcement practice of the Supreme Court of the Russian Federation. All this creates endless opportunities for interpreting the law at the local level. The authors present disturbing statistics that show a tremendous growth in the number of offences in this area in recent years. They believe that the cause of the problem is the above-mentioned law that allows excessive interpretation by the law enforcer. The presented research deals with the bottlenecks of constitutional law as it analyzes the freedom of expression with its boundaries and limits. The authors discuss the conflict of constitutional and criminal laws from the viewpoint of enforcing specific law clauses. The research includes constructive criticism of the instruments used by experts (linguists and psychologists) who perform their tasks for criminal cases and materials on speech goals, which belongs to the domain of criminalistics. The authors present their own vision of this problem based on the opinion of scholars, historical experience and court practice.

What Makes Time Special?

2017 ◽  
Author(s):  
Craig Callender
Keyword(s):  
Human Life ◽  
Relativity Theory ◽  
The Novel ◽  
Natural Reaction ◽  
Physical Time ◽  
The Past ◽  
The World ◽  
The Many ◽  
And Behavior

As we navigate through life, we model time as flowing, the present as special, and the past as “dead.” This model of time—manifest time—develops in childhood and later thoroughly infiltrates our language, thought, and behavior. It is part of what makes a human life recognizably human. Yet if physics is correct, this model of the world is deeply mistaken. This book is about this conflict between manifest and physical time. The first half dives into the physics and philosophy to establish the conflict’s existence; but it also argues that the claim that physics “spatializes” time is overstated. Rather, even relativity theory makes time special in deep and significant ways. The second half turns to psychology, biology, and more, seeking to understand why creatures like us develop manifest time. The novel picture that results is that manifest time is a natural reaction to the many cognitive and evolutionary challenges that we face. For subjects embedded in our circumstances, it makes sense to develop—even if fundamentally wrong.

Her Pain Prevails and her Judgment Respected—Abortion in Judaism

2009 ◽  
Vol 25 (1) ◽  
pp. 97-186 ◽  
Author(s):  
Y. Michael Barilan
Keyword(s):  
Oral Tradition ◽  
Human Life ◽  
Developed Countries ◽  
Human Action ◽  
Criminal Code ◽  
Jewish Law ◽  
Religious Law ◽  
The Status ◽  
The Law ◽  
Symbolic World

In 1977, the Israeli parliament (Knesset) changed the section on abortion in the colonial criminal code which Israel inherited from the British mandate in Palestine. Like most other Western countries who relaxed their laws on abortion in the 1960s-80s, Israel made abortion legal for almost all women who seek it. Nonetheless, the Israeli law on abortion differs substantially from other nations' laws. In no stage of pregnancy does the woman have an absolute right to abort—she always needs an approval from a special committee; yet, the woman's stage of pregnancy is nowhere a relevant legal criterion for permitting or forbidding abortion. The law does not explicitly grant the fetus any value either, as the law speaks only of “termination of pregnancy.” Indeed, Israel has one of the highest rates of late abortions among the developed countries and one of the most liberal laws on the regulation of infertility treatments and research on extra-corporeal embryos.Jewish religious law (Halakhah) ignores both questions central to the modern ethical, political and legal debate on abortion: the status of the fetus and the autonomy of women. Furthermore,Halakhahis not expressed in the language of rights, such as the rights to life and privacy, but rather in the language of obligations and limitations on action. A rich symbolic world of values and virtues complementshalakhicpositivist formalism by inspiring and demonstrating desirable ways of life and modes of valuing human action. Regarding abortion, the dialectics between Jewish law (the formal law, which delineates right from wrong) and morality (which inspires and portrays ideal modes of action as part of a largely oral tradition of private counseling and synagogue preaching) reach a powerful climax. The religious law prohibiting abortion is one of the most liberal among human legal systems, but the values of procreation and preservation of human life that inform the moral discussion are fundamental.

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