scholarly journals Law Enforcement against Criminal Acts in Politics in Indonesia Connected with Positive Law

2017 ◽  
Vol 10 (3) ◽  
pp. 51
Author(s):  
Tedie Subarsyah
Keyword(s):  
Law Enforcement ◽  
Descriptive Analysis ◽  
Criminal Policy ◽  
Legal Positivism ◽  
Political Activity ◽  
High Tech ◽  
The Political ◽  
Political Processes ◽  
Positive Law ◽  
Political Crime

Political crimes are deemed to be problem, especially regarding their enforcement. Positive law has been set but the political crimes continue to occur. It is presumably caused by unpreparedness of the supporting factors to compensate for sophisticated and varied political crimes, criminal sanctions and a weak political will. As a result, there is a gap because of the breach of the law principles itself. Accordingly, it is necessary to study whether the positive law enforcement can reach all kinds of political crimes, how the criminal policies are formulated and the constraints and solutions to be pursued. In exposing the above issues, this research is descriptive analysis using normative juridical method. Their validity are checked through triangulation examination technique and then analyzed by qualitative analysis. The results revealed that political crimes are crimes against public interest and the occurrence process relates with the power and political activity as their means. If the power and political activity are synergized and strong, the political crimes will find their perfection. Positive law is essentially the result of a series of political processes. Consequently, any enforcement effort of positive law on political crime cannot be completed because political crime always coincides with high-tech, high management and high politic beyond the boundaries of reality (law, morality, culture and common sense). It then develops into a discourse that is planned, organized and controlled to be untouched and unreached crime. Meanwhile, positive law works in a linear-mechanistic way based on doctrine of Legal Positivism or Rechtsdogmatiek by promoting criminal policy in the form of penal policy that in reality had lost much of its authority.

scholarly journals PENEGAKAN HUKUM TERHADAP KEJAHATAN BIDANG POLITIK DI INDONESIA DALAM KONTEKS PEMBAHARUAN HUKUM PIDANA

LITIGASI ◽  
2016 ◽  
Vol 15 (2) ◽  
Author(s):  
T. Subarsyah Sumadikara
Keyword(s):  
Legal Positivism ◽  
Political Life ◽  
Political Activity ◽  
Total Quality ◽  
National Unity ◽  
The Public ◽  
Political Processes ◽  
Positive Law ◽  
Political Crime ◽  
Principle Of Legality

  Political crime is a problem, especially concerning the enforcement. Positive law has been set, but political crimes keep continuing to arrise. It should be examined whether the positive law enforcement can reach all kinds of political crime, how crime policy is formulated, what obstacles and solutions that must be adopted. The results of the study of political crimes, including crimes against the public interest, the interlocked with the power and political activity as the ingredients. Positive law, is essentially the result of a series of political processes. As a result, enforcement efforts be incomplete, always coincide with the technology, management, politics, beyond the limits of reality, evolved into a discourse that is planned, organized, controlled to be a crime that is untouched. Positive law works Iinier-mechanistic, based on the teachings of Legal Positivism / Rechtsdogmatiek, prioritizing political criminal, penal policy which in reality has lost much of his authority. Need reconstruction, shift the dominance of Normative-positivistic to sociological-philosophical / combination of the two, entering the world of technology, the realities of political life as well as total quality management for the judicial activity, so that enforcement is not bound law; initiated legal system of national unity, based on the value of heterogeneity comes from legal sources that live, grow and flourish in society, the written / unwritten according to the characteristics of the State and the Nation of Indonesia; political will does not exalt the principle of legality which in fact is often ignored the justice. Keywords: Enforcement; Legal; Politics; Reform; Criminal.

scholarly journals AHLUSSUNAH WAL JAMAAH'S POLITICAL PRACTICES IN POST-REFORM INDONESIA

Al-Risalah ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 273-296
Author(s):  
Ahmad Zubaidi
Keyword(s):  
Descriptive Analysis ◽  
Political Order ◽  
Political Activity ◽  
The Political ◽  
Islamic State ◽  
Political Ideologies ◽  
The Reformation ◽  
Islamic Politics ◽  
Analysis System

Islamic politics in Indonesia is very distinctive and has characteristics as a reflection of Indonesian Muslims who understand ahlussunnah wal jamaah so that the aspect of compromise and promoting togetherness, and attaching importance to stability is undeniable. However, that was before, later after the reformation, when the faucet of freedom was opened in Indonesia, many political ideologies entered Indonesia. They tried to change the established Indonesian political order, such as the emergence of the sharia formalization movement, the desire to establish an Islamic state, and the Islamic caliphate. The political activity of this model is increasingly visible in the era of President Jokowidodo as a symbol of resistance. This paper tries to elaborate and analyze with a descriptive analysis system on the phenomena in post-reform Indonesia. It is interesting because there are symptoms that the political doctrine of Aswaja will be defeated by the momentary political doctrines and the doctrines of khilafahism. However, during this upheaval, Aswaja's power and doctrine proved to endure despite the worrying erosion.    Politik Islam di Indonesia sangat khas dan berkarakteristik sebagai cerminan umat Islam Indonesia yang berpaham ahlussunnah wal jamaah, sehingga aspek kompromi dan mengedepankan kebersamaan dan mementingkan stabilitas angat kentara. Tapi itu dulu, belakangan pasca refeormasi, ketika kran kebebasan dibuka di Indonesia, banyal ideology politik masuk ke Indonesia dan  berusaha merubah tatanan politik indonnesia yang sudah mapan, seperti munculnya gerakan formalisasi syariah, keinginan mendirikan Negara Islam, dan khiafah islamiyah. Bahkan aktifitas politik model ini semakin kentara di ere Presiden Jokowidodo sebagai symbol  perlawanan. Tulisan ini mencoba mengelabirasi dan menganalisis dengan system analisis deskriptif terhadap fenomena yang  terjadi di Indonesia pasca reformasi. Hal ini menarik karena ada gejala doktrin politik aswaja akan terkalahkan oleh doktrin politik sesaat dan doktin-doktin khilafihisme. Namun, di tengah pergolakan ini, kekuatan aswaja dan doktrinnya terbukti dapat bertahan walau di tengah erosi yang mengkhawatirkan.

Italian Legal Scholarship of International Law in the Early Decades of the Twentieth Century

2020 ◽  
pp. 127-167
Author(s):  
Giulio Bartolini
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
Legal Positivism ◽  
Pivotal Role ◽  
The Political ◽  
Legal Scholarship ◽  
Positive Law

In 1931 Lauterpacht described the Italian scholarship as characterized by a ‘rigid and frequently uncompromising positivist school in international law’. While his statement has some merits, this chapter seeks both to illustrate how this trend emerged from previous approaches and, conversely, to emphasize the multifaceted perspectives that were effectively present in those decades, thus partly circumscribing Lauterpacht’s assertion. Following a survey of the fluid approaches present at the beginning of the twentieth century, this chapter will introduce the pivotal role of Dionisio Anzilotti in favoring legal positivism, even if dissident voices were still present or subsequently emerged. After Anzilotti, other poles of attraction emerged, in particular through Santi Romano and other scholars, who, while still claiming to adhere to the lines of positive law, deprived this conception of several of its original theoretical attributes. Conversely, few attempts were made to elaborate doctrines aimed at reflecting the political ambitions of Fascism, which was unsuccessful in influencing the broad theoretical debate.

scholarly journals ¿Innovar o “maquillar”? La incorporación de las TICs a los procesos político-administrativos.

2012 ◽  
Vol 18 ◽  
pp. 194-199
Author(s):  
Josep Mª Reniu
Keyword(s):  
Political Process ◽  
Added Value ◽  
Political Activity ◽  
The Political ◽  
Technological Solution ◽  
Political Processes ◽  
Positive Effects ◽  
Political Realm

What criteria should guide the process of incorporating ICTs into political realm? Are ICTs, per definitionem, an instrument that always generates positive effects for political activity? Our reflection aims to influence the necessary and essential process of analysis prior to the introduction of ICT in the field of political processes, focusing primarily on the delimitation of its effects. In this sense it highlights the need to assess the added value of introducing a technological solution in the political process prior to do it, what will validate or not its desirability. There is, in this sense, the excessive use of "make-up" technology of political processes, that is, the absence of real & practical innovation.

scholarly journals The efficiency of communication strategies of politically oriented communities on the Internet

2021 ◽  
Vol 14 (2) ◽  
pp. 155-170
Author(s):  
Darya I. Judina ◽  
◽  
Sergei A. Ivanov ◽  
Keyword(s):  
Political Communication ◽  
Communication Strategies ◽  
Political Activity ◽  
The Political ◽  
The Internet ◽  
Political Actors ◽  
Political Processes ◽  
Political Identification ◽  
Internet Users ◽  
High Level

The Internet as a special space for political activity and political communication is becoming more and more attractive to political actors. The intensification of political activity on the Internet leads to the increase of researchers’ interest. One of the prominent areas of this research is the analysis of the efficiency of communication strategies used by politically oriented communities on the Internet. The results of such assessment contribute to, in particular, characterizing the level and features of the political engagement of Internet users into political processes. To study these processes, a telephone survey of residents of St. Petersburg was conducted. St. Petersburg was chosen because it is one of the largest cities in Russia with high Internet coverage and a high level of political activity compared to other regions. The results showed that politically oriented communities effectively implement primary communication strategies — information and presentation. More than two-thirds of politically active Internet users in St. Petersburg noted that visiting the relevant resources helped them to understand the political situation, to define their attitude toward parties, politicians, social movements and organizations. At the same time, the strategy of supporting political identification has not yet worked for the majority of users. Perhaps this is a consequence of the fact that the majority of St. Petersburg citizens have not yet found appropriate political leaders and organizations. The authors found that the majority of Internet users display an interest in politics permanently, and not only during the pre-election period. The hypothesis that one of the factors of an efficient strategy of politically oriented communities is emphasizing anti-power positions was confirmed. The survey results also confirmed the high level of opposition views among Internet users.

scholarly journals ON INTERACTION OF PUBLIC ASSOCIATIONS WITH STATE AUTHORITIES

2021 ◽  
Vol 6 (6(56)) ◽  
pp. 40-42
Author(s):  
Aya Abilmanatovna Belyaeva
Keyword(s):  
Political Activity ◽  
The Political ◽  
Political Processes

The article defines the place and role of public associations in the socio-political processes of modern Russia, analyzes the political activity of society. Public associations are able to structure and streamline the activity of Russian citizens, directing it in a constructive direction, while reducing the degree of protest sentiments if it is present. They do this work more efficiently than authorized state authorities, since they act “on the ground”, that is, they work directly with community representatives, understand its needs, capture moods and are able to change the current agenda without resorting to radical methods

scholarly journals Political Future of Migrants in Russia: Hypotheses and Models

2020 ◽  
Vol 22 (3) ◽  
pp. 401-414
Author(s):  
Leonid V. Savinov
Keyword(s):  
Political Participation ◽  
Political Culture ◽  
Political Activity ◽  
The Political ◽  
Migration Behavior ◽  
Level Of Involvement ◽  
Political Processes ◽  
Scientific Analysis ◽  
Migration Dynamics ◽  
Migration Factors

The political prospects of migrants in Russia are not only an urgent problem, but also require a comprehensive scientific analysis based on the achievements of modern political science. For this reason, the paper attempts to provide scientific and methodological justification and research on the participation of migrants in future political processes. Based on migration dynamics and features of migration behavior, a model-hypothesis - variants and scenarios of political participation of migrants in Russia has been developed. The model includes the following elements: personal and group strategies for the migration future; the trajectory and nature of political participation of migrants; ideological preferences and political attitudes; the content of the political culture of the migration community; the target expectations of migrants in the political sphere; the level of involvement of migrants in civil society institutions; the level of political activity of migrants and leaders of the migration community; the readiness of indigenous people to allow migrants to political processes; the position of the state and government institutions to political claims from migrants. Thus, based on the methodology of contextual instrumentalism, the methodological basis of the political forecast of the future of migrants in Russia is presented, taking into account the basic migration factors and trends, and the main directions of scientific search for ways to verify the formulated hypothesis are also identified.

scholarly journals PUTUSAN PEMIDANAAN MELEBIHI TUNTUTAN DALAM PERKARA KORUPSI POLITIK

2019 ◽  
Vol 12 (1) ◽  
pp. 39
Author(s):  
Budi Suhariyanto
Keyword(s):  
Negative Impact ◽  
Political Corruption ◽  
The Political ◽  
Governance System ◽  
Abuse Of Power ◽  
Positive Law ◽  
The Supreme Court ◽  
Political Crime ◽  
The Law ◽  
Extended Interpretation

ABSTRAKMemasuki masa pemilihan umum atau pemilihan kepala daerah selalu muncul opini tentang korupsi politik, baik sebelum dan sesudahnya. Persoalan korupsi politik ini secara definitif dalam hukum positif tak diatur secara eksplisit sehingga dipertanyakan keberadaannya. Akan tetapi secara praktik penegakan hukum, terdapat putusan pemidanaan yang mengidentifikasi korupsi politik dan memperberat hukuman terhadap pelakunya. Bahkan pemidanaannya melebihi daripada pidana yang dituntutkan oleh jaksa. Menarik untuk dipermasalahkan yaitu: bagaimanakah eksistensi korupsi politik dalam perundang-undangan Indonesia; bagaimanakah praktik pemidanaan terhadap pelaku korupsi politik; dan bagaimanakah filosofi putusan pemidanaan melebihi tuntutan dalam perkara korupsi politik. Untuk menjawab ketiga permasalahan tersebut digunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan, pendekatan kasus, dan pendekatan konseptual. Hasil pembahasan mengemukakan bahwa eksistensi korupsi politik tidak diatur secara eksplisit dalam undang-undang, tetapi merupakan perluasan tafsir atas delik korupsi menyalahgunakan kewenangan dan melawan hukum yang dielaborasi dengan kejahatan politik. Putusan Nomor 1885K/PID.SUS/2015 menjatuhkan pemidanaan melebihi tuntutan atas tindak pidana korupsi politik. Melalui pemberatan pidana tersebut, majelis hakim hendak menjelaskan kualifikasi korupsi politik sebagai delik korupsi yang spesifik karena berdampak luar biasa bagi kerusakan tatanan penyelenggaraan pemerintahan.Kata kunci: pemidanaan, melebihi tuntutan, korupsi politik. ABSTRACT Entering the general or regional head elections period and afterward, opinions about political corruption often emerge. Definitively the existing political corruption problems are not set explicitly in the positive law which raises questions. But in applied law enforcement, there happens to be sentencing that identifies political corruption and aggravates the punishment for the offender. The thing is the sentence goes beyond the prosecutors' demands. It is interesting to question in what way the political corruption exists in Indonesian legislation, and just how applicable the sentencing against offenders of political corruption, as well as what philosophy lies in imposing sentence over the prosecutors' demands in cases of political corruption. Normative legal research method through the approach of legislation, cases, and concepts used to answer these three problems. The results of the analysis suggest that the political corruption has not been explicitly regulated in the law, but is an extended interpretation of a delict of corruption in abuse of power against the law elaborated with political crime. The decision of the Supreme Court Number 1885K/PID.SUS/2015 dropped a sentence over the demands of the prosecution of political corruption. Through the escalation of a sentence, the panel of judges attempts to explain the qualification of political corruption as a specific delict of corruption considering a tremendous negative impact it could cause to the governance system. Keywords: sentencing, over the prosecutor's demands, political corruption.

scholarly journals Cyber security as an innovative protection in the political space of Ukraine

2021 ◽  
pp. 33-38
Author(s):  
Yu. Zavgorodnya
Keyword(s):  
Public Relations ◽  
Cyber Security ◽  
Management System ◽  
Political Process ◽  
Information Space ◽  
Political Activity ◽  
Modern World ◽  
The Political ◽  
Political Processes

The article focuses on the values of the role of cybersecurity in the modern information society. To develop an effective system of interaction in the information space, there is a need to form boundaries of protection for users. The system of protection that exists in society is aimed at resolving the contradictions that arise at the level of actual confrontation and significant influence on political processes with clearly defined subjects of political activity. For the modern world, the subjects of global governance pay serious attention to the level of security of the management system in individual countries and regions, which indicates the effectiveness or imbalance in the management system. Also, the role of such an entity at the supranational level of the management system. Therefore, the chosen topic is quite relevant for the global process of interaction and taking into account the views of individual regions. In addition, effective protection of cyberspace will help reduce the level of manipulation by political actors, which will help increase the level of political culture among politicians and the level of political awareness among ordinary citizens. The article analyzes modern scientific approaches to understanding the concept of cybersecurity and cybersecurity, provides a generalized description of these concepts, identifies modern forms of security in cyberspace, analyzes the state of cybersecurity in the Ukrainian information space and defines its status as a subject of global interaction in the information space. In the political process, an integral element of interaction is the information space, as the modern platform for public relations between policy actors has been reformatted in the latest ways, and therefore the mechanisms of influencing citizens become innovative and demonstrate uncertain response from society and possible ways of political development. events. As a result, a number of mechanisms need to be put in place to protect all cyberspace users who engage in public communication on important policy issues.

Breaking the Pattern through Political Recruitment

2012 ◽  
Author(s):  
Kay Lehman Schlozman ◽  
Sidney Verba ◽  
Henry E. Brady
Keyword(s):  
Circuit Breaker ◽  
Political Activity ◽  
The Political ◽  
Class Bias ◽  
Political Processes ◽  
Political Recruitment ◽  
Political Voice

This chapter considers to what extent political recruitment can bring in a more representative set of activists and thus moderate the accent of the political chorus. It investigates ways to break a cycle deeply embedded in ongoing social and political processes, zeroing in on the possibility that the processes by which people are recruited to political activity might act as the circuit breaker. Moreover, this chapter finds that there is a process called “rational prospecting” in which those who wish to get others involved in politics follow a strategy of seeking out those prospects who are likely to assent to a request for political activity and to participate effectively when they do, with the result that ordinary processes of recruitment are actually amplifying the class bias in political voice rather than reducing it.

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