The Legitimacy of Presidential Threshold Towards Indonesian Citizens’ Democracy and Constitutional Rights

A presidential threshold or a threshold for presidential candidacy dramatically hinders a person's democratic rights. This is because a person can rightfully nominate and elect themselves through a political party, which must be limited due to this system. The Presidential Threshold could eliminate the fundamental rights of the people in the constitution, where every citizen has the right to be elected and to vote. This statement is stated in Article 28(D) paragraph 3 of the 1945 Constitution, later revealed to be Law No.39 of 1999. With the existence of this presidential threshold, it is feared that it could injure the law's mandate. The research aims to determine whether the presidential threshold injured democracy and the mandate of the 1945 constitution. This research uses a normative approach. The research will focus on the principles, comparisons and history of law. The presidential threshold will close the space for political parties to carry the best presidential and vice-presidential candidates for the community. This automatically kills democracy, political parties' constitutional rights, and the people's right to choose the best and quality, leaders.

Law Review a Doctor's Certificate in the Judicial System of Indonesia on the Criminal Acts of Corruption

Phenomenon by providing a Doctor's certificate in the criminal justice system involving a witness, a suspect, accused in corruption cases start of the examination in the Police, the Prosecutor's office, Corruption Eradication Commission, the Court, as well as in Correctional Institutions, stating that the person concerned should be treated and treated specifically and also nothing should be referred to the hospital with complete amenities, this phenomenon has been carried out since long. The utilization of a doctor's certificate is against the law in criminal cases of corruption, according to the dynamics of law enforcement in Indonesia is certainly not going to stop. If this issue continues to be adversely affects the process of law enforcement in Indonesia. The research method used in this research is normative juridical. The source of the data obtained in this research is sourced from the material library and descriptive analytics which is intended to reveal a problem or situation or event as it is so that it can uncover the actual facts. The results in this study show that Fraud and irregularities a Doctor's certificate will easily occur. There is a strong tendency among law enforcement, that a doctor's certificate is evidence that the strong, and can not be contested. In the history of law enforcement corruption in Indonesia, law enforcement has yet to cultivate the examination and make a doctor's certificate is genuine or fake and can be justified scientifically and professionally. In addition, it is also never ask for another opinion from another doctor to check the health of a person declared sick and was unable to be present in the judicial process, from the previous doctor. Keywords: A Doctor's Certificate, Criminal Justice, Corruption.

The Corfu Criminal Court Archive: Recording, Impressing and Studying the Phenomenon of Violence and Justice in the Ionian State (1815-1864)

This article examines the encounters of the Ionian people with criminal justice system during the period from 1815 to 1864, when the Ionian Islands were a British protectorate. Drawing on data from cases of the Criminal Court Archives of Corfu for the first time, it argues that criminality mostly concerned the lower social classes and was not very common. Using violence as a lens, the paper primarily focuses on Corfu’s criminal justice system and offers quantitative and qualitative evidence on which further comparative studies of the history of law and crime in Greece and Europe at that time may be based.

The form of state in the historical and legal research of the Soviet period

The subject of the article is the application of the concept of the form of state in the Soviet historical and legal science.The purpose of the research is to confirm or disprove the hypothesis that the understanding of the form of the state in the Soviet history of law was not discrete, it changed under the influence of political transformations and had a significant impact on the modern theory of the state.The methodology. The method of periodization was used to highlight the Soviet period of historical and legal science, the chronological method was used to determine the upper and lower boundaries of the Soviet period. The narrative method made it possible to describe the historiographic process. The historical-comparative method was required to compare individual concepts.Results, scope of application. The concept of the form of the state that was used in the historical and legal science of the Soviet period has been determined. The form of the state in Soviet science included two elements initially: the form of government and the form of statehood. The third element has been added since the 1960s – the political regime. The institutionalization of the history of state and law as a science took place by the end of the 1940s. While historians of the old school were working, the main topics included the early stages of the development of the state. Then after the change of generations the priority place was taken by the problems of the Soviet state. By the end of the Soviet period a more harmonious allocation of topics had developed. In Soviet historical and legal science the form of the state of the pre-revolutionary and Soviet periods was considered separately. The form of government of the Russian state in the pre-revolutionary period was defined as a monarchy. Several types of monarchy were distinguished: early feudal, estate-representative, absolute. The republican form of government was recognized for the Soviet state. Its class and social essence changed with the development of socialism. Organizational forms changed accordingly. When studying the polity, the main attention was paid to the federation. Its complex origin was noted, because the Russian Federation (RSFSR) was part of the federation of the USSR. The Soviet federations were built according to the nationalterritorial principle. The issue of the constituent entities of the Russian Federation remained debatable. Most researchers considered the RSFSR a state with autonomous entities. The development of the territory of the state as a whole has hardly been studied. Major administrative-territorial reforms carried out in the 1920s-1930s were considered in isolation from national-territorial construction. Generalized works on the territorial development of the state appeared only at the end of the Soviet period. Issues of the political regime of the feudal and bourgeois state were addressed in the study of direct democracy in the ancient Russian state, estate representative bodies, state power during the period of absolutism. Political liberalization was noted during the bourgeois reforms of the second half of the 19th – early 20th centuries. The democratic nature of the Soviet political regime was not questioned, therefore, the problems indicating trouble, crisis phenomena in the Soviet state were not identified.Conclusions. The understanding of elements of form of the state in the Soviet history of law was expanding. It changed in accordance with the changes in the Soviet governance. The main approaches to understanding the form of the state are accepted by contemporary Russian science.

O użyteczności badań nad prawem rzymskim – refleksje na kanwie rozprawy Joanny Kruszyńskiej-Koli pt. Ratio przedawnienia

On the Usefulness of Research into Roman Law – Some Reflections on the Joanna Kruszyńska – Kola’s Dissertation Ratio przedawnienia [The ratio of prescription] In this paper I present my personal opinion on the role of present-day research into the history of law, especially into Roman law, referring to the wider issue of the usefulness of Roman law in the future development of private law. I emphasize the clear deficit of communication between historians and proponents of modern law doctrine. This shortcoming is manifested in the lack of interest that lawyers tend to display in achievements in the field of legal history, and is proved more concretely by the fact that the references to the history in monographs on civil law are often only superficial and fragmentary. Unfortunately, legal historians rarely try to initiate any real dialogue with the practitioners of civil law doctrine. This approach offers a profound and compelling study, which both takes the present point of view into consideration and tackles many of the questions that are important and interesting today. I intend to indicate at least some basic issues that should be taken into consideration by legal historians who want to pique other lawyers’ interest in their works. In my opinion, the most important aspects are the choice of an attractive topic, that is not confined only to history; proper identification of the detailed issues, including such issues as are crucial and interesting today; and in-depth analysis of both current law and the discourse held in modern doctrine. It is significant to combine the appropriate historical methodology with the need for an attractive and communicative presentation of the research and its results. In her dissertation on the ratio of prescription Joanna Kruszyńska-Kola proposes an excellent method for improving communication with proponents of modern law doctrine. I am convinced that her work brings substance to the vision of research into the history of law which is described in my paper, for that reason I demonstrate how the author managed to achieve the purpose that legal historians should be pursuing.

Metaphors of the Law: from "the Light" to "the Flame"

The paper highlights the main stages of the formation of such a philological and legal phenomenon as a metaphor. From ancient times to the present time, the "metaphorical imperative" has determined the most important aspects of the emerging legal reality. The transfer of meanings in jurisprudence took the form of analogy and the objective influence of symbolization and virtual legal structures.Metaphors were also considered as factors of the formation of legal theories acting as some kind of "preforms". Metaphors did not perceive existing similarities, but they themselves created them. This was their significance as "demiurg tools". Therefore, metaphorical expression produced effects rather than meanings, but meanings leading to change. The birth of a new legal meaning was largely spontaneous and unpredictable: it is known that law enforcement sometimes differs from the original intention of the lawmaker and legislator. For the precise establishment of the content of the law, legal knowledge of its original meaning is also necessary. The hermeneutic problem is to bridge the gap between the law and the incident. A change in the social or political situation should not determine the current law to obsolescence: the inherent irrational elasticity of a legal idea provides a field of action.There are also "resonating" metaphors that induce a large number of implications, stimulating new interpretations that reveal hidden implications. Thus, a certain loss of meaning inevitably takes place.The paper clarifies: in the history of law, the metaphor has gone from mythological and traditional ideas to modern legal fiction and "simulacrum".

The risky temptation of wanting to be the Legislator of the Language

Criticizing the modern, rationalistic temptation to legislate on language, this article argues that issues of 'political correctness' are an aspect of the eternal problem of definitions in law. This problem has in its turn profound connections, on the one hand, with the need, entirely human, for a correct (not one-sided or arbitrary) relationship with reality; and, on the other hand, with the insidious attempt – which is all the same typically human – to deny reality, with its conflicts and ambiguities, and to replace it with a false, less challenging reality of 'objective' certainties. In law, the problem of definitions has historically followed many and different itineraries; this article briefly traces some, trying to show that the ideal of an objective definition – an ideal epitomized in the 'norm' idealized by legal positivism – has always co-existed, in the legal experience, with the different ideal of a subjective definition (dialectical, controversial, negative, refutative), of which the ancient maxims of equity, the regulae iuris, offer a model. The problem of legal definitions in law is then a matter of forms of reason that confront each other throughout the history of law, the one investing on a calculating and instrumental rationality, the other relying on a more porous and flexible reason. In the legacy of this second point of view – which, the article maintains, has more than one analogy with the paths of contemporary Feminist 'Radical' Thought – antidotes can be found to the temptation to legislate on language, which is risky. If objectivity tries to suppress subjectivity, in fact, this is in the name of the illusion, that problems that trouble the human conditions can be fixed, defined, solved once and for all. It is instead the open texture of these problems, which cannot be defined once and for all, that encourages the work of language and thought. And these latter are the resources for a living together really capable of freedom and equality, of change and future.

Scientific school of Professor V.D. Dzidzoev

В статье проанализирован сложный процесс становления научной шко- лы профессора В.Д. Дзидзоева, в рамках которой работают десятки молодых специ- алистов из разных регионов РФ. Дзидзоев опубликовал более 460 научных и научно- популярных трудов (около 50 из них в соавторстве), в том числе 32 монографии и брошюры. Под руководством Дзидзоева защищены 40 кандидатских и 7 докторских диссертаций. Его последователи защищали кандидатские и докторские диссерта- ции по трем специальностям: 1. Отечественная история – 07.00.02; 2. Политология – 23.00.02 («Политические институты, этнополитическая конфликтология, нацио- нальные и политические процессы и технологии»); 3. Теория и история права и го- сударства. В.Д. Дзидзоев удостоен почетных званий «Заслуженный деятель науки»: Республики Северная Осетия-Алания (2000 г.), Республики Южная Осетия (2001 г.), Кабардино-Балкарской Республики (2012 г.), Республики Дагестан (2017 г.). Является ВАКовским профессором по трем специальностям: отечественная история (1995 г.), политология (2001 г.), теория государства и права (2017 г.). The article analyzes the complex process of the formation of the scientifi c school of Professor V. D. Dzidzoev, which employs dozens of young specialists from different regions of the Russian Federation. Dzidzoev has published more than 460 scientifi c and popular scientifi c works (about 50 of them in co-authorship), including 32 monographs and pamphlets. Under the leadership of Dzidzoev, 40 candidate’s and 7 doctoral theses were defended in three specialties: 1. Russian history – 07.00.02; 2. Political Science – 23.00.02 («Political institutions, ethnopolitical confl ictology, national and political processes and technologies»); 3. Theory and history of law and state. Professor V.D. Dzidzoev was awarded the honorary titles of «Honored Scientist» of the Republic of North Ossetia-Alania (2000), the Republic of South Ossetia (2001), the Republic of Kabardino-Balkaria (2012), the Republic of Dagestan (2017). He is a professor of the Higher Attestation Commission in three specialties: national history (1995), political science (2001), theory of state and law (2017).

Processo judicial e poder político: práticas inquisitoriais no julgamento de condenação de Joana D’Arc

Records on the trial and sentencing for heresy of French warrior Joan of Arc dating to 1431 have been studied by a variety of fields. The present work explores the primary sources and several of these studies in the aim of analyzing the political significance of the forms adopted during the trial. From a perspective poised between the history of law and procedural law, the article clarifies aspects of the practical functioning of the Roman Canon inquisitorial procedure at the end of the Middle Ages, and, more widely, the phenomenon of the capillarization of the political power by means of the production of truth. The article concludes that, although Joan of Arc’s trial was clearly politically motivated, several of its dimensions correspond to the procedural practices of the time, leading us to an understanding that the influence of power over trials does not necessarily manifest in a direct violation of procedural rules, but rather in their very design and the ways in which they are put into operation.