scholarly journals RELIGIONS IN THE CONSTITUTION OF ASEAN COUNTRIES: The Rule of Law and Welfare Concept

2021 ◽  
Vol 1 (1) ◽  
pp. 37-46
Author(s):  
Asari Taufiqurrohman
Keyword(s):  
Rule Of Law ◽  
Basic Type ◽  
The State ◽  
The Body ◽  
The Other ◽  
Nation State ◽  
Legal Research ◽  
The Rule Of Law ◽  
Approach Method ◽  
Asean Countries

The study of the constitution could not be covered by the scope of one state only, but also  compare it with others. To strengthen cooperation between ASEAN community, we should understand the constitutional concept which follows the rule of law. Even adopted by the majority of nation-state according to with their basic type of the country and nationality (such as culture, religion or norms). To compare it, we have to discuss a more significant idea about the state. This research promoted to explain about the extent of religious content as well as prime religion which recognized on the constitution of the ASEAN countries by using normative legal research, with emphasizes result by comparison among countries. Finally, this research describes how important the religion concept (in each manuscript) to the body of the constitution, to reach “the living constitution” and to show the other side of the welfare concept in ASEAN countries with various theories of laws. The approach method is related to doctrinal legal research.

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.

Is the State Subject to the Rule of Law?

1974 ◽  
Vol 9 (3) ◽  
pp. 369-412 ◽  
Author(s):  
Jacob Potchebutzky
Keyword(s):  
United States ◽  
Rule Of Law ◽  
The United States ◽  
The State ◽  
The Other ◽  
Private Law ◽  
The Rule Of Law ◽  
Jewish Thought ◽  
Government Body ◽  
The Individual

Sec. 42 of the Interpretation Ordinance [New Version] provides that: “Save as may be otherwise expressly provided therein, no enactment shall affect any right of, or impose any obligation upon, the State.”It is generally accepted that the source of the section lies in the traditional supremacy of the English Crown. Since the Crown is the lawmaker it cannot be fettered by the laws it makes unless there is express provision to that effect. On the other hand where laws confer rights upon the Crown, a contrary rule sometimes operates that a statute is to be interpreted in favour of the Crown, since in enacting it the King's subjects act as grantors of rights and the rule against derogation from grant takes effect. In point of logic, however, even without express provision there is nothing to prevent a lawgiver from placing restrictions upon himself.In Jewish thought indeed although the law emanates from the Almighty, who is indeniably Supreme Authority—”the King of Kings”—it is deemed to apply even to Him.It is surprising therefore to note that even in the United States, that model of democracy where the rights of the individual are so protected, the English approach has been adopted and extended to every government body even in the area of private law.

scholarly journals Continuities and Discontinuities: Antiziganism in Germany and Italy (1900-1938)

2020 ◽  
pp. 51-80
Author(s):  
Jennifer Illuzzi
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Concentration Camps ◽  
State Of Exception ◽  
Nation State ◽  
The Rule Of Law ◽  
Weimar Germany ◽  
Executive Authority ◽  
Legislative Policies ◽  
The Law

In both Germany and Italy before WWI, populations labelled as Gypsies found themselves in a “state of exception” which aimed at their elimination from the nation-state by targeting them with policies emanating from the executive. Both states adhered to the liberal idea of equality before the law, but used the flexibility provided by executive authority to pressure Gypsies to leave the state. After WWI, both Germany and Italy were forced to retain “Gypsies” inside the state as a result of changing geopolitical circumstances. However, in fascist Italy before WWII, executive authorities continued to operate in a “state of exception” and ceased adhering to the rule of law, interning Gypsies in concentration camps and seeking to eliminate them through forced assimilation. In Weimar Germany, legislative policies sought to eliminate Gypsies through bringing them inside of the law. The contradiction between increasingly racialized notion of Gypsy inassimilability and forced assimilation’s inevitable failures certainly laid the groundwork for extreme measures in both places during WWII.

The Rule of Law

2017 ◽  
Author(s):  
J. M. Bernstein
Keyword(s):  
Coercive Force ◽  
Rule Of Law ◽  
Necessary Conditions ◽  
The State ◽  
The Other ◽  
The Rule Of Law ◽  
Other Hand ◽  
The One ◽  
Formal Features

This chapter analyzes the concept of rule of law. It examines Gustav Radbruch's theory since his argument against the extremes of Nazi law was a pivotal moment in the re-emergence of antipositivist conceptions of legality. It then elaborates Lon L. Fuller's account of eight constitutive, formal features of law that, he contends, begin to get at the “inner morality of law.” Next, the chapter offers a version of Caesar Beccaria's argument that the formal and procedural elements constituting the rule of law should be conceived as, on the one hand, generating the necessary conditions for relations between the citizen and the state and, on the other hand, among citizens themselves that will be sufficient to free individuals from coercive, force-based relations both among themselves and between themselves and the state.

scholarly journals KEWENANGAN MAHKAMAH AGUNG REPUBLIK INDONESIA DALAM PEMBUATAN PERATURAN TENTANG PERMOHONAN PERNYATAAN PAILIT MELALUI SURAT EDARAN (BELEIDSREGELS) DITINJAU DARI SUDUT ILMU PERUNDANG-UNDANGAN

2019 ◽  
Vol 2 (2) ◽  
pp. 646
Author(s):  
Samuel Tirta Handoyo ◽  
Cut Memi
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Descriptive Analysis ◽  
The State ◽  
Legal Research ◽  
Government Action ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Circular Letter ◽  
The Status

One important element of the rule of law is that any government action must be based on law. The consequence is that laws must be made, implemented and enforced. Therefore, the state has the power to make laws to regulate all its activities. The Supreme Court as one of the highest judicial institutions in Indonesia has the status of all the courts and as the highest court for the four judicial institutions. The regulating and oversight functions are part of the functions of the Supreme Court, where the Supreme Court is authorized to issue further regulations in the form of Supreme Court Regulations and Supreme Court Circular Letters, where Supreme Court Regulations are regulating, whereas Supreme Court Circular Letters are as policy regulations. However, in practice the substance of the Supreme Court Circular is often not in accordance with its requirements, namely as a policy regulation. One of them is the Supreme Court Circular Letter Number 2 Year 2016 concerning Increasing Efficiency and Transparency in Handling Bankruptcy Cases and Delaying Obligations of Debt Payment in Courts. The writing of this thesis will discuss the authority of the Supreme Court in determining the substance of the Supreme Court Circular Number 2 of 2016 in terms of statutory knowledge. Judging from its nature, the research used is descriptive analysis using normative legal research.

scholarly journals The Ontological of State of Law of Pancasila as The Basis of Welfare State in Indonesia

2020 ◽  
Vol 9 (4) ◽  
pp. 701
Author(s):  
I Nyoman Bagiastra
Keyword(s):  
Welfare State ◽  
Rule Of Law ◽  
The State ◽  
Community Life ◽  
Economic Policies ◽  
Legal Certainty ◽  
Legal Research ◽  
The Rule Of Law ◽  
The Republic ◽  
The Welfare State

The rule of law as stated in the Constitution of the Republic of Indonesia, namely article 1 Section 3 of the 1945 Constitution which states explicitly that the State of the Republic of Indonesia is a rule of law, of course, has juridical consequences that must be accounted for in the practice of community life, nation, and state. By claiming to be a rule of law, Indonesia must fulfill and realize all the requirements and principles contained in a rule of law, namely the state has the obligation and provides legal certainty for protection to realize the welfare of its citizens. The research method used is normative legal research. the welfare state is briefly described as a series of public policies and state activities in integrating economic policies and social policies for the sake of achieving prosperity.

scholarly journals Peran BPN dalam Penyertifikatan Hak Milik Atas Tanah Adat di Kantor Pertanahan Kabupaten Samosir

2021 ◽  
Vol 4 (2) ◽  
pp. 1186-1198
Author(s):  
Ady Hendra Lumban Tobing ◽  
Dayat Limbong ◽  
Isnaini Isnaini
Keyword(s):  
Property Rights ◽  
Rule Of Law ◽  
Government Regulation ◽  
The State ◽  
Legal Research ◽  
Daily News ◽  
Land Registration ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Customary Land

This study aims to determine the legal rules, roles and obstacles faced by BPN employees in Samosir district in the implementation of registration of property rights on customary land. This research uses normative legal research. The results of the study indicate that the rule of law for land registration refers to Law no. 5 of 1960 concerning Basic Regulations on Agrarian Principles and Government Regulation Number 24 of 1997 concerning Land Registration. The registration procedure is as follows: 1) Prepare the required documents, 2) Prepare and submit application letters, 3) Pay the application fee, measurement and inspection of the applicant's land, 4) Make announcements through the general daily news with a period of 60 (sixty) days, 5) Issuance of decrees (Kantah, Kanwil, or BPN RI), 6) Bookkeeping of rights and issuance of certificates. Obstacles that arise and are faced in registering land as property rights in Pangururan District are: 1) Unclear customary land boundaries, 2) There are claims from the state or government, 3) Loss of witnesses or historical actors.

7. Citizenship, legal status, and proof of identity

2019 ◽  
pp. 77-88
Author(s):  
Florian Coulmas
Keyword(s):  
Rule Of Law ◽  
Legal Status ◽  
Identity Theft ◽  
The State ◽  
The Other ◽  
Individual Identity ◽  
Legal Concept ◽  
The Rule Of Law ◽  
Legal Identity ◽  
The One

‘Citizenship, legal status, and proof of identity: identity as a legal concept’ explains that individual identity is the cornerstone of the rule of law and the relation of state and citizen. In law, it has to do with that which makes a person (or thing) distinct from any other person (or thing). It means that a subject is the same as it claims, or is charged, to be. The digital turn has added a new aspect to our legal identity, and protecting us against identity theft is a new obligation of the state, while we have no choice but to learn to protect ourselves against profit-seeking corporations, on the one hand, and a surveillance state, on the other.

scholarly journals Transmigration Policy in Papua as a Discretion Action of the Papua Province Government

2021 ◽  
Vol 04 (09) ◽  
Author(s):  
Elias Hence Thesia ◽  
Keyword(s):  
Rule Of Law ◽  
Local Governments ◽  
Central Government ◽  
Population Based ◽  
Provincial Government ◽  
The Other ◽  
Legal Research ◽  
Rule Based ◽  
The Rule Of Law ◽  
Legal Norms

This research is to find out the validity of the Transmigration Policy of the Papua Provincial Government will discuss, as well as the policies of local governments especially in Papua Province which issued policies based on Discretion by enacting provincial regulation No. 15 of 2008 on Population based on Law No. 21 of 2001 on special autonomy for Papua, where the regulation regulates programs made by the central government is wrong. The other is the arrangement of the transmigration program. The type of research that will be done is legal research (legal research) that is to find and find the principles and rules that govern status, which to be presented is a match between the rule of law and legal norms. From the results of the study showed that the actions of the Papua Provincial Government by expressing a rule based on the principle of discretion, but the habit is considered.

scholarly journals HAK ASASI MANUSIA DAN DEMOKRASI DI INDONESIA

2018 ◽  
Vol 9 (2) ◽  
pp. 172
Author(s):  
Fitriani Amalia ◽  
Anies Prima Dewi
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Descriptive Analysis ◽  
The State ◽  
Legal Research ◽  
The Rule Of Law ◽  
Role Of The State ◽  
Qualitative Descriptive ◽  
Democratic Country

The existence of human rights in the conception of the rule of law and democracy in Indonesia is the most basic. However, the concept of regulating human rights by the state does not mean that there is a restriction on human rights by the State, but the concept is regulation by the State. Using normative legal research, also called doctrinal law research. In this type of legal research, law is often conceptualized as what is written in laws and regulations (law in books). Analyzed using qualitative descriptive analysis. The results of this study indicate that, in a democratic country, the implementation of human rights is a must. The degree of implementation of democracy and human rights is also influenced by the role of the State. The implementation of democracy and human rights with the people's sovereignty are ideals to be achieved.Keywords: democracy; human rights. AbstrakKeberadaan Hak Asasi Manusia dalam konsepsi Negara hukum dan demokrasi di Indonesia suatu hal yang paling mendasar. Namun konsepsi pengaturan hak asasi manusia oleh negara tersebut bukan berarti terjadinya pengekangan hak asasi manusia oleh Negara, namun konsepsinya adalah pengaturan oleh Negara. Menggunakan penelitian hukum normatif, di sebut juga penelitian hukum doktrinal. Pada penelitian hukum jenis ini, acapkali hukum di konsepkan sebagai apa yang tertulis dalam peraturan perundang undangan (law in books). Dianalisis menggunakan analisis deskriptif kualitatif. Hasil penelitian ini menunjukkan bahwa, pada suatu Negara yang berdemokrasi, implementasi Hak Asasi Manusia merupakan suatu keharusan. Tingkatan implementasi demokrasi dan hak asasi manusia juga dipengaruhi oleh peran Negara. Implementasi demokrasi dan Hak asasi manusia yang berkedaulatan rakyat merupakan cita-cita yang hendak dicapai.Kata Kunci : demokrasi; hak asasi manusia.

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