scholarly journals Tinjauan Etis Kristen Terhadap Kebebasan Beragama Di Lingkungan Sekolah Negeri Dengan Dicabutnya SKB Tiga Menteri

2021 ◽  
Vol 1 (1) ◽  
pp. 18-36
Author(s):  
Suriawan Surna ◽  
Priyantoro Widodo

In order to protect the equal right to freedom of thought, belief and religion of all students in all public schools in Indonesia; in February 2021, the central government represented by three ministers, namely Minister of Education and Culture, Home Affairs Minister, and Religious Affairs Minister issued Joint Ministerial Decree (SKB) on the Use of Uniforms and Attributes for Students, Educators, and Education Personnel in state schools at the primary and secondary level .On 3 May 2021, the Supreme Court of the Republic of Indonesia revoked it. The purpose of this paper is to state a universal Christian ethical attitude in the midst of national and state life which is based on Pancasila and Bhineka Tunggal Ika (“Unity in Diversity”), especially in response to the revocation of the 3 Ministerial Decree that used to guarantee and protect religious freedom in state schools. The method used in this paper is phenomenological-qualitative research. The result is hoped to become a consideration for the central government and every child of the nation in general, and especially for followers of the Lord Jesus Christ in the land of Pancasila, Indonesia.Keywords: freedom of religion, Christian ethics, universal AbstrakDemi menjaga kebebasan dalam mengekspresikan keyakinan yang dianut semua siswa di semua sekolah negeri di Indonesia, maka pemerintah pusat yang diwakili tiga Menteri yaitu Menteri Pendidikan dan Kebudayaan, Menteri Dalam Negeri, dan Menteri Agama mengeluarkan Surat Keputusan Bersama (SKB). Penggunaan Pakaian Seragam dan Atribut bagi Peserta Didik, Pendidik, dan Tenaga Kependidikan di Lingkungan Sekolah yang diselenggarakan Pemda pada Jenjang Pendidikan Dasar dan Menengah pada bulan Februari 2021. Namun SKB tiga Menteri tersebut terkesan mengekang dan membatasi tradisi atau budaya masyarakat yang sudah lama ada di daerah di Indonesia. Pada tanggal 3 Mei 2021, Mahkamah Agung Republik Indonesia mencabut SKB 3 Menteri tersebut. Tujuan dari makalah ini adalah untuk menyatakan sikap etis Kristen di tengah-tengah kehidupan berbangsa dan bernegara yang berdasarkan Pancasila dan Bhineka Tunggal Ika dalam menyikapi ketiadaan SKB 3 Menteri yang menjamin dan melindungi kebebasan beragama di lingkungan sekolah negeri. Metode yang digunakan di dalam makalah ini adalah metode penelitian fenomenologi-kualitatif. Hasilnya diharapkan menjadi pertimbangan bagi pemerintah pusat dan setiap anak bangsa pada umumnya serta khususnya bagi pengikut Tuhan Yesus Kristus di bumi Pancasila, Indonesia.Kata Kunci: Kebebasan Beragama, Etika Kristen

2019 ◽  
Vol 1 (2) ◽  
pp. 982
Author(s):  
William Benaya ◽  
Muhammad Abudan

The Regional Government is an extension of the central government to carry out government activities for all regions in Indonesia, and how the division and who heads the regional head is also regulated or mentioned in the Constitution of the Republic of Indonesia, namely the Constitution in Article 18. In carrying out government for the entire The Republic of The United States of Indonesia region, an effective and harmonious regional government is needed between the regional government and the central government. Effective and harmonious referred to in this writing are the accordance of regulations between Regional Government and Central Government. Therefore, in the establishment of a Regional Regulation there is a need for communication, consultation and clarification of the RAPERDA that will be made and legalized between agencies in the Regional Government and the Central Government. That way, it is expected that regional regulations will no longer be antithetic with the higher regulations in accordance with Law Number 12 of 2011 concerning the Establishment of Legislation. Regarding if there is a conflict between the Regional Regulations and higher regulations, the cancellation mechanism can be submitted to the Supreme Court.


2012 ◽  
Vol 1 (3) ◽  
Author(s):  
Fatkhurohman Miftachus Sjuhad

<p align="center"><strong><em>A</em></strong><strong><em>b</em></strong><strong><em>s</em></strong><strong><em>t</em></strong><strong><em>r</em></strong><strong><em>a</em></strong><strong><em>c</em></strong><strong><em>t</em></strong></p><p><em>T</em><em>he objective of this study is to observe the effectiveness of local regulations annulment/ cancellation of the resolution process through a method of objections in the Supreme Court of the Republic of Indonesia (MA RI) conducted by the Local Government Pasuruan and Lumajang, Ministry of Home Affairs, and Supreme Court of the Republic of Indonesia (MA RI). This study is an empirical law. Data includes primary and secondary data. Data collection was conducted by the research study documents, observation and depth interviews. Considering the objectives of data juridical technical data was analyzed by qualitative analysis that the results presented in the form of descriptive. The results indicated that most local govern- ments are reluctant proceedings to the Supreme Court after a local regulation canceled by the central government, so that the resolution process through methods objection is not so effective. In addition, due to the ineffectiveness of these efforts rather than by factors of legislation, law enforcement and infrastruc- ture proposition but rather was caused by low participation and awareness of local government law, conse- quently led to legal uncertainty.</em></p><p><strong><em>Keyword: </em></strong><em>K</em><em>eywords: Effectiveness, Cancellation, Local </em><em>G</em><em>o</em><em>v</em><em>e</em><em>r</em><em>n</em><em>ment</em></p><p align="center"><strong>A</strong><strong>b</strong><strong>s</strong><strong>t</strong><strong>ra</strong><strong>k</strong></p><p>Penelitian ini bertujuan untuk melihat efektifitas proses penyelesaian pembatalan peraturan daerah melalui metode keberatan di Mahkamah Agung Republik Indonesia (MA RI) yang  dilakukan oleh Pemerintah Daerah Kabupaten Pasuruan dan Kabupaten Lumajang, Departemen Dalam Negeri RI, dan MA RI. Penelitian ini merupakan penelitian hukum  empiris. Data meliputi  data primer dan sekunder. Pengumpulan data penelitian dilakukan dengan  studi dokumen, observasi, dan <em>depth interview</em>. Mengingat sasaran data bersifat yuridis maka teknis analisis data dilakukan dengan analisis kualitatif yang hasilnya dipaparkan dalam bentuk deskriptif. Hasil penelitian menunjukan bahwa sebagian besar pemerintah daerah enggan beracara ke Mahkamah Agung RI setelah peraturan daerahnya dibatalkan oleh pemerintah pusat, sehingga proses penyelesaian melalui metode keberatan ini tidak begitu efektif. Di samping itu ketidakefektifan upaya ini disebabkan bukan oleh faktor perundang-undangan, penegak hukum dan saranan prasarana tetapi lebih disebabkan oleh rendahnya partisipasi dan kesadaran hukum pemerintah daerah, akibatnya menyebabkan terjadinya ketidakpastian hukum.</p>Kata kunci: <em>Efektivitas, Pembatalan , Pemerintah Daerah</em>


Author(s):  
William E. Nelson

This chapter shows that, in the absence of bureaucratic institutions, courts were the primary institutions by which central political authorities could enforce law and policy in localities. The courts, in turn, were local institutions under local control in every colony except, perhaps, Pennsylvania. In many colonies juries that determined both law and fact used their power to nullify legislation and other commands of central government. In other colonies, county courts were self-perpetuating bodies whose judges felt free to ignore the commands of appellate courts and other central authorities. Other colonies were so small that power was necessarily local in nature. Pennsylvania was the only large colony in which the Supreme Court controlled the work of lower courts, but its authority was also under challenge.


Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 19
Author(s):  
Charles J. Russo

Tinker v. Des Moines Independent Community School District was a watershed moment involving the First Amendment free speech rights of students in American public schools. In Tinker, the Supreme Court affirmed that absent a reasonable forecast of material and substantial disruption, educators could not discipline students who wore black arm bands to school protesting American military action in Viet Nam. Not surprisingly, litigation continues on the boundaries of student speech, coupled with the extent to which educators can limit expression on the internet, especially social media. As the Justices finally entered the fray over cyber speech, this three-part article begins by reviewing Tinker and other Supreme Court precedent on student expressive activity plus illustrative lower court cases before examining Levy v. Mahanoy Area School District. In Levy, the Court will consider whether educators could discipline a cheerleader, a student engaged in an extracurricular activity, who violated team rules by posting inappropriate off-campus messages on Snapchat. The article then offers policy suggestions for lawyers and educators when working with speech codes applicable to student use of the internet and social media by pupils involved in extracurricular activities.


1987 ◽  
Vol 31 (1-2) ◽  
pp. 151-160 ◽  
Author(s):  
I. Schapera

In the closing paragraph of his inaugural lecture Law and Language, Professor Allott referred to what he termed “a daunting obstacle” to the intensive study of African legal systems.That obstacle is the rapid disappearance, before our very eyes, of the traditional systems that we have proposed to study. A generation ago there would not have been that difficulty; but today the traditional tribunals have vanished in many African countries where their place has been taken by statutory local courts. Even where the traditional courts appear to have survived, at least in name, they are usually affected by the impact of western law and institutions and of central government control.Those words were written in 1965. How true and necessary they were is shown by the fact that more than fifty years previously—even more than “a generation ago”—the impact of “western” influences upon the Tswana peoples of the Bechuanaland Protectorate (now the Republic of Botswana) had already led to many changes in the indigenous legal system, although, at that time, the “traditional courts” still survived virtually intact and not merely “in name”.The nature and extent of those changes can be readily ascertained by the fortunate chance that, there are still available the records of approximately 470 cases tried, over a period of six and a half years, in the highest traditional court of the Ngwaketse, a major Tswana chiefdom.


2020 ◽  
Vol 25 (2) ◽  
pp. 13-28
Author(s):  
Dragutin Avramović

Following hypothesis of Andrew Watson, American professor of Psychiatry and Law, the author analyses certain psychological impacts on behavior of judges and examines the relationship between their idiosyncrasies and their judicial decisions. The survey encompasses the judges of Criminal Department of the Supreme Court of Cassation of the Republic of Serbia and, also, for comparative reasons, the judges of Criminal Department of the First Basic Court in Belgrade. Considering the main issues there is no great discrepancy between answers given by the judges of the Supreme Court and those of the Basic Court. Most responses of the Serbian judges deviate from Watson's conclusions, namely: they do not admit that they feel frustrated due to heavy caseloads, the significant majority of judges are reluctant to acknowledge their prejudices and influence of biases on their ruling, the significant majority of judges are not burdened with the idea of possible misuse of their discretion, they nearly unanimously deny that public opinion and media pressure affect their rulings, etc. Generally, the judges in Serbia are not willing to admit that they cannot always overcome their own subjectivities.


2017 ◽  
Vol 13 (2) ◽  
pp. 114-124
Author(s):  
Pramila Rai ◽  
R B Sah ◽  
R Rijal ◽  
PK Pokharel

Background: Provision of adequate water supply, sanitation facilities, hygiene and waste management in schools reduces the disease burden among children, staff and their families. Every child has equal right to grow in a safe and sound environment. However, levels of water supply, sanitation and hygiene are unacceptable in many schools worldwide.Method: Study included forty schools comprising twenty public and twenty private schools of Sunsari district selected by simple random sampling method. The status of school environment and sanitation were assessed by using observation and interview method using observation checklist, questionnaires and photographs.Result: Two public schools were completely devoid of sanitary facilities though toilet facility was present physically. Students couldn’t use toilet due to lack of water in one school due to theft of tube well and septic tank of the toilet was full in another school. Other remaining schools didn’t have satisfactory, clean and proper sanitary facilities. Only few schools had convenient hand washing point.Conclusion: Sanitation facilities were in neglected state evidenced by unavailability of sanitation facilities even though that was physically present and the sanitation facilities were in pitiable condition including cleanliness, water supply. All the stakeholders including school management, supervisors, parents, teachers, students should be ready to play vital role on their own. Lack of one toilet affects no. of students and people of surrounding area and raises of risk of soil transmitted diseases so this situation demands attention of authorities and other stakeholders.Health Renaissance 2015;13(2): 114-124


2017 ◽  
Vol 38 (1) ◽  
pp. 527-543
Author(s):  
Jadranko Jug

This paper deals with the problems related to the legal position of honest and dishonest possessors in relation to the owner of things, that is, it analyses the rights belonging to the possessors of things and the demands that possessors may require from the owners of things to whom the possessors must submit those things. Also, in contrast, the rights and requirements are analysed of the owners of things in relation to honest and dishonest possessors. In practice, a dilemma arises in defi ning the essential and benefi cial expenditure incurred by honest possessors, what the presumptions are for and until when the right of retention may be exercised for the sake of remuneration of that expenditure, when the statute of limitations expires on that claim, and the signifi cance of the provisions of the Civil Obligations Act in relation to unjust enrichment, management without mandate and the right of retention, and which provisions regulate these or similar issues. The answers to some of these dilemmas have been provided in case law, and therefore the basic method used in the paper was analysis and research of case law, especially decisions by the Supreme Court of the Republic of Croatia. The introduction to the paper provides the basic characteristics of the concept of possession and possession of things, and the type and quality of possession, to provide a basis for the subsequent analysis of the legal position of the possessor of a thing in relation to the owner of that thing.


2019 ◽  
Author(s):  
ANNISA

Considering that the Government of the Republic of Indonesia consists of the central government and regional governments, the administrative system also "adjusts so that a centralized system and a decentralized system are subjected. The system of centralized centralization is a system that refers to the administrative authority that is in the central government. Whereas the decentralized system is a system referring to the administrative authority that is in the regional government The implementation of the two administrative systems is a dynamic cycle and administrative mechanism, one related to each other and supporting each other In relation to the administration of educational programs (administration of curriculum), in Indonesia both systems have been applied The application is intended to support the integration and harmony in the implementation of education or curriculum that is realized through the quality requirements and management authority.


Sign in / Sign up

Export Citation Format

Share Document