3.2 The subject matter of treaties The potential subject matter of treaties is unlimited; they can be about anything over which the government has authority. Treaties tend to contain two types of propositions: • specific obligations that States agree to follow and enforce; • statements about ideals and expression of joint hopes, standing as statements of good intention. An example would be the expressed desire of States to co-operate in co-ordinating developments in a specific area (for example, the treaties setting up the EU to cooperate in a range of areas). 5.3.3 The process of formalising agreement to be bound by a treaty Once the matters to be included in the treaty are settled, it is drafted, approved by prospective States and then opened for signature by an authorised person from each State (the signatory). Sometimes it is not possible for everyone to be available to sign it at the same time in each other’s presence. It is formally signed by the Head of Government or other authorised person (the signatory) or persons (signatories) in each State. The signature is in an expression of interest by the relevant State and an additional process has to take place. The whole government, or legislature, or people, of each signatory State in the usual manner for that State has to agree to the treaty, allowing ratification of the treaty to take place. This marks the formal agreement by the State to be bound by the treaty as signed. An example of this two stage process is Norway’s application to join the EC in 1973. The government of Norway signed an accession treaty joining the EC. However, the people of Norway were not prepared to support joining and the government lost a referendum (a ballot put to the people). The government, therefore, could not ratify the treaty and Norway did not join the EC. 5.3.4 The methods to minimise dissent in the negotiation process When a treaty is being negotiated by a group of nation States it may well be the case that whilst one State may be in favour of most of the treaty there are matters under discussion which they do not like, and cannot at that time agree to. Rather than risk the whole treaty failing to be negotiated, which could be an international political disaster, methods have been devised to get round these potential serious problems. If the nation State agrees with the core of the treaty but does not wish to be bound by certain aspects of the treaty they can make this clear by entering what is called a ‘derogation’. They agree the treaty with the disliked item ‘taken away’: the State opts out of that aspect. A written record of the derogation is drawn up, signed by the State concerned, and attached to the treaty. If the State is potentially sympathetic to an aspect of the treaty but for political reasons (perhaps lack of support in the nation as a whole for that particular item)

2012 ◽  
pp. 130-130
Keyword(s):  
Subject Matter ◽  
Specific Area ◽  
Negotiation Process ◽  
The State ◽  
Nation States ◽  
The People ◽  
Usual Manner ◽  
Additional Process ◽  
The Government ◽  
Head Of Government

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

Formation of the research tradition of studying the institute Parliamentarism as a mechanism for the establishment of democracy

2017 ◽  
pp. 187-198
Author(s):  
Akil Ibrahim Al-Zuhari
Keyword(s):  
Balance Of Power ◽  
Research Strategy ◽  
The State ◽  
Executive Power ◽  
Research Tradition ◽  
Stage Of Development ◽  
The People ◽  
Long Time ◽  
The Government ◽  
Parliamentary Regimes

The article defines the features of the process of forming the research tradition of studying the institute of parliamentarism as a mechanism for the formation of democracy. It is established that parliamentarism acts as one of the varieties of the regime of functioning of the state, to which the independence of the representative body from the people is inherent, its actual primacy in the state mechanism, the division of functions between the legislative and executive branches of government, the responsibility and accountability of the government to the parliament. It is justified that, in addition to the regime that fully meets the stated requirements of classical parliamentarism, there are regimes that can be characterized as limited parliamentary regimes. The conclusions point out that parliamentarism does not necessarily lead to a democracy regime. At the first stage of development of statehood, it functions for a long time in the absence of many attributes of democracy, but at the present stage, without parliamentarism, democracy will be substantially limited. Modern researchers of parliamentarism recognize that this institution is undergoing changes with the development of the processes of democracy and democratization. This is what produces different approaches to its definition. However, most scientists under classical parliamentarianism understand such a system, which is based on the balance of power. This approach seeks to justify limiting the rights of parliament and strengthening executive power. Keywords: Parliamentarism, research strategy, theory of parliamentarism, types of parliamentarism

People’s Movement in Odisha: An Assessment

2017 ◽  
Vol 63 (2) ◽  
pp. 265-283
Author(s):  
Subhendu Ranjan Raj
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
Civil Disobedience ◽  
The State ◽  
State Governments ◽  
Growth Strategies ◽  
Protest Movements ◽  
The People ◽  
The Government ◽  
Set Up

Development process in Odisha (before 2011 Orissa) may have led to progress but has also resulted in large-scale dispossession of land, homesteads, forests and also denial of livelihood and human rights. In Odisha as the requirements of development increase, the arena of contestation between the state/corporate entities and the people has correspondingly multiplied because the paradigm of contemporary model of growth is not sustainable and leads to irreparable ecological/environmental costs. It has engendered many people’s movements. Struggles in rural Odisha have increasingly focused on proactively stopping of projects, mining, forcible land, forest and water acquisition fallouts from government/corporate sector. Contemporaneously, such people’s movements are happening in Kashipur, Kalinga Nagar, Jagatsinghpur, Lanjigarh, etc. They have not gained much success in achieving their objectives. However, the people’s movement of Baliapal in Odisha is acknowledged as a success. It stopped the central and state governments from bulldozing resistance to set up a National Missile Testing Range in an agriculturally rich area in the mid-1980s by displacing some lakhs of people of their land, homesteads, agricultural production, forests and entitlements. A sustained struggle for 12 years against the state by using Gandhian methods of peaceful civil disobedience movement ultimately won and the government was forced to abandon its project. As uneven growth strategies sharpen, the threats to people’s human rights, natural resources, ecology and subsistence are deepening. Peaceful and non-violent protest movements like Baliapal may be emulated in the years ahead.

Serving the state or serving the people? The dilemma of social work graduates in Mainland China

2021 ◽  
Author(s):  
Rajendra Baikady ◽  
Cheng Shengli ◽  
Gao Jianguo
Keyword(s):  
Social Work ◽  
Mainland China ◽  
The State ◽  
Postgraduate Students ◽  
The People ◽  
The Government ◽  
And Function ◽  
Work Education ◽  
Schools Of Social Work ◽  
Depth Interviews

This article reports on the result of an exploratory qualitative study with in-depth interviews conducted with postgraduate students in Chinese universities. The data were collected from five schools of social work, covering three provincial-level administrative regions of Beijing, Shanghai and Shandong. The principal aim of this article is to understand the development of social work and student perspectives on the government’s role in social work development and the function of social work in China. The study shows that Chinese social work is still developing, and the expansion and function of social work education and practice is mandated by the state. Despite a robust authoritarian hold by the government, the study finds hope among the graduate students about the mission and future of social work in China.

scholarly journals Merebaknya Intoleransi (Hate Speech dan Hate Crime) dalam Politik Indonesia

2020 ◽  
Vol 12 (1) ◽  
pp. 87-99
Author(s):  
Munandzirul Amin
Keyword(s):  
Hate Crime ◽  
Hate Speech ◽  
The State ◽  
Political Order ◽  
New Order ◽  
The People ◽  
Technical Issues ◽  
The Government ◽  
The Relationship

Democracy provides a place for us to learn to live with the enemy because only democracy allows tension and paradox, which comes from freedom, to occur in society. In contrast to the New Order era, we can now enjoy freedom of opinion and association. This freedom can in turn produce tension. The relationship between elements of society with one another, or the relationship between the state and elements of society, can be tense because of differences in interests in regulating social and political order. Meanwhile, Indonesian society witnessed the paradox which also originated from freedom. This, for example, is shown by the emergence of intolerant groups such as the Islamic Defenders Front (FPI) and Hizb ut-Tahrir Indonesia (HTI). Even organizations such as HTI are of the view that democracy is not in accordance with the teachings of Islam in terms of sovereignty in the hands of the people, what should determine that is the preogrative right of Allah SWT. The government in the view of HTI only implements sharia and determines administrative technical issues.

scholarly journals Corruption Crime Eradication by Corruption Eradication Commission Through Red-handed Catch Operation on Bribery Action

2021 ◽  
Vol 13 (2) ◽  
pp. 319-329
Author(s):  
Kamaluddin Abbas
Keyword(s):  
Subject Matter ◽  
Action Control ◽  
The State ◽  
Financial Loss ◽  
Government Officials ◽  
The Public ◽  
A Value ◽  
The Subject ◽  
The Government ◽  
Fundamental Consideration

The government has made many laws and regulations, but corruption issues cannot yet be controlled. Police and Prosecuting Attorney Institutions have not yet functioned effectively and efficiently in eradicating corruption. Therefore, the public hopes Komisi Pemberantasan Korupsi (KPK)/the Corruption Eradication Commission eliminates the crime. KPK is considerably appreciated by the public due to Operasi Tangkap Tangan (OTT)/Red-handed Catch Operation to many government officials involved in bribery action, but the subject matter thereof is whether the OTT is in line with the fundamental consideration of KPK founding pursuant to Law Number 30 of 2002 as updated by the Law Number 19 of 2019 in order to increase the eradication of corruption crime causing the state's financial loss with respect to people welfare particularly KPK powers pursuant to the provision of Article 11 thereof, among others, specifying that KPK shall be authorized to conduct inquiry, investigation and prosecution on corruption crime related to the state financial loss of at least Rp 1,000,000,000 but in fact many OTTs performed by KPK have a value of hundred million Rupiah only and even there are any cases below Rp 100,000,000.-, and bribery action control through OTT being more dominant if compared to the state's financial corruption is not in line with the primary consideration of KPK founding, and similarly the OTT below 1 billion Rupiah doesn't conform to the provision of Article 11 thereof.

scholarly journals Dominasi dan ketidakadilan negara dan korporasi dalam kasus bencana lumpur Lapindo

2017 ◽  
Vol 30 (2) ◽  
pp. 150
Author(s):  
Oman Sukmana
Keyword(s):  
Resource Management ◽  
State Government ◽  
Oil And Gas ◽  
The State ◽  
Group Discussions ◽  
Disaster Victims ◽  
The People ◽  
Data Collection Process ◽  
The Government

The domination of the state (government) and Corporate (PT LBI) in the oil and gas resource management lead Lapindo mudflow disaster that caused misery to the people. This study aims to assess the forms of domination and injustice by the state (government) and the corporation in the case of Lapindo mudflow disaster, and how Lapindo mudflow disaster victims negotiate (resist) against the state (government) and corporations in an effort to fight for their rights. This study used a qualitative approach with case study. Subjects and informantsresearch include: (1) Lapindo mudflow disaster victims; (2) group coordinator of Lapindo mudflow disaster victims; (3) Public figures Siring village, Tanggulangin, Renokenongo, Jabon, and Jatirejo, Porong district, Sidoarjo; (4) Representation of the corporation (PT. LBI); and (5) Representation of BPLS. The data collection process using the in-deepth interviews, observation, focus group discussions, and review documents. Stage processing and data analysis includes the coding process, memoing, and concept mapping. The results showed that the government (the state) and the corporation (PT LBI) action dominating the oil and gas resource management in the area of Porong district, Sidoarjo regency, East Java, resulting misery for the victims (people). Forms of injustice felt by residents Lapindo mudflow disaster victims not only related to the issue of compensation for land and building assets alone, but more than that, including various dimensions. Through a variety of collective action, such as demonstrations and negotiations, Lapindo mudflow disaster victims filed various charges, such as demands for payment of compensation for land and building assets destroyed.

scholarly journals KEDUDUKAN DAN TANGGUNGJAWAB PRESIDEN DALAM SISTEM PRESIDENSIAL DI INDONESIA

2018 ◽  
Vol 2 (2) ◽  
pp. 173-190
Author(s):  
Moh Hudi
Keyword(s):  
Rule Of Law ◽  
Chief Executive ◽  
The Rule Of Law ◽  
The People ◽  
Head Of State ◽  
Presidential System ◽  
Before And After ◽  
The Government ◽  
Head Of Government

The Government system greatly determines the position and responsibility of the president. Even in the same system of government, the president’s position and responsibility may change, depending  on   The  Rule  of   Law  in a particular country. The position and responsibility of the president in the presidential system in Indonesia has change several times. This can be seen before and after the amandement. President in presidential   System   as  Head  of  Government  and   Head  of   State. So that the president has broad authority. The president is not responsible to the parliament, because institutionally the parliament is not higher than the president as the chief executive, but is responsible to the people as voters.

scholarly journals PERANAN BANGSAWAN BONE DALAM SISTEM PEMERINTAHAN DARI SWAPRAJA KE KABUPATEN (The Role of Bone Nobleman in The Government System from Swapraja to Regency)

2018 ◽  
Vol 10 (2) ◽  
pp. 135-151
Author(s):  
Risma Widiawati
Keyword(s):  
Political Development ◽  
The Political ◽  
Holding Power ◽  
South Sulawesi ◽  
The People ◽  
History Of ◽  
The Government ◽  
Head Of Government ◽  
Interesting Area

Bone Regency as part of South Sulawesi is a very interesting area to discuss. This area is not only part of the history of South Sulawesi, but also a historical flow of South Sulawesi. the existence of nobles who are so attached to the joints of the lives of the people of Bone is still interesting to be examined to this day. Based on this, the article aims to reveal the role of Bone nobility in the swapraja government system to the regency (1950 - 1960). The political development of the government during this period was seen as sufficiently influencing the political dynamics of the government in Bone Regency which continued even today. The method used is the method of historical research with four stages, namely, heuristics, criticism (history), interpretation, and presentation (historiography). The results of the study show that after the transition from swapraja to regency, the role of nobility is still very calculated. But it is no longer like in the period before the transition, where the government was ruled by the king / aristocracy. At this time the level of intelligence is also taken into account. Apart from the fact that the structure of the government is indeed different because the process of appointing head of government is also different. But in general the role of nobility after the transition was not much different, where there were still many nobles holding power. ABSTRAK Kabupaten Bone sebagai bahagian dari Sulawesi Selatan merupakan suatu daerah yang sangat menarik untuk dibicarakan. Daerah ini bukan saja merupakan bagian dari sejarah Sulawesi Selatan, tetapi juga merupakan arus sejarah Sulawesi Selatan. keberadaan bangsawan yang begitu melekat di dalam sendi kehidupan masyarakat Bone masih menarik untuk ditelisik sampai hari ini. Berdasarkan hal tersebut, maka artikel ini bertujuan untuk mengungkapkan tentang peranan bangsawan Bone dalam sistem pemerintahan swapraja ke kabupaten (1950 – 1960). Perkembangan politik dari pemerintahan selama periode ini dipandang cukup mempengaruhi dinamika politik dari pemerintahan di Kabupaten Bone yang berlangsung bahkan sampai sekarang. Metode yang digunakan adalah adalah metode penelitian sejarah dengan empat tahapan yaitu, heuristik, kritik (sejarah), intrepretasi, dan penyajian (historiografi). Hasil penelitian menunjukkan bahwa setelah peralihan dari swapraja ke kabupaten, peranan bangsawan masih sangat diperhitungkan. Namun tidak lagi seperti pada masa sebelum peralihan, di mana pemerintahan dikuasai oleh raja/aristokrasi. Pada masa ini tingkat kecerdasan juga diperhitungkan. Selain karena struktur pemerintahannya memang berbeda juga karena proses pengangkatan kepala pemerintahan juga berbeda. Namun secara umum peran bangsawan setelah masa peralihan tidak jauh berbeda, di mana masih banyak bangsawan yang memegang kekuasaan.

scholarly journals Lack Of Basic Education Accessibility In The Periphery Area Of Indonesia (A Research in Takirin Village, Tasifeto Timur Sub-District, Belu Regency, NTT Province - Indonesia)

2019 ◽  
pp. 124
Author(s):  
M. N. B. C. Neolaka ◽  
Rikhardus S. Klau ◽  
Metriani Epifania Nahak
Keyword(s):  
Basic Education ◽  
Educational Institution ◽  
The State ◽  
Religious Institutions ◽  
Education Services ◽  
Remote Areas ◽  
Basic Rights ◽  
The People ◽  
The Government ◽  
The Village

The presence of a school in the village is a sign of the concrete presence of the State to fulfill the basic rights of the community in the field of education. Remembering that schools always assume interaction with other elements of society such as parents, students, religious institutions and village governments, their presence also demands responsibility and involvement of all parties at the grassroots in synergic cooperation. Only through quality cooperation involving all parties, an educational institution can become the backbone of a society's progress. Quality cooperation can be evaluated by looking at how the community responds to the concrete problems they face in the field. One of the fundamental problems commonly found in remote areas of Indonesia is the low access to basic education services. By recognizing and identifying problems that occur in their own environment, people are encouraged to recognize violations of their basic rights. In turn, the people themselves are encouraged to collect their rights to the Government and at the same time are aware of being actively involved in development.

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