IMPLEMENTASI HUKUM POSITIF TERHADAP PENETAPAN WASIAT WAJIBAH BERDASARKAN KEWENANGAN HAKIM PENGADILAN AGAMA

This study aims to provide guidance to religious court judges with their authority in deciding the heirs who are entitled to a mandatory will. So far, mandatory wills are only given to children and adoptive parents, but in its development, mandatory wills can be given to other parties other than adopted children and adoptive parents, including non-Muslim heirs. The method in this study is a normative juridical method. The results of the study explain that the mandatory will is regulated in the Compilation of Islamic Law where the rules are not clearly regulated by the KHI. To resolve the issue of mandatory wills, judges are authorized by law to resolve cases that enter the judiciary by making legal discoveries of cases that do not yet have permanent legal force, such as by carrying out historical understanding seen in a concrete case in which case the case already has regulations. legally binding, but the regulation must be interpreted in its implementation. Interpretation is tried by studying the origin of the formation of a legal decision, including the origin of its provisions or the origin of the formation of laws. Then it is done by means of a sociological understanding that prioritizes the interests of the purpose of a regulation through a concrete event in the related official regulations. In practice, judges can interpret unclear provisions based on community demands, as well as laws and regulations that are synchronized with social ties and situations that occur. In addition to the two methods used by judges to make legal findings to create laws that are not found in existing regulations, judges can do reasoning or argumentation. The argumentation procedure consists of argumentum per analogium, argumentum a contrario, and legal narrowing.

Perspective and the Past: Modeling Historical Representation from Camera Obscura to Virtual Reality

This article examines the concept of “perspective” as an embodied metaphor with ontological and epistemological implications for the modeling of historical understanding of contested pasts. The metaphors employed in modeling past reality shape how we make sense of the controversial past. In particular, I explore how perspectival metaphorical models conjure the notions of presence/proximity/engagement and absence/distance/detachment. To open this up, the paper juxtaposes two distinct models of seeing and knowing as sources of embodied metaphor: 1) static and distancing optical metaphors of cognition, and 2) a “post-cognitive” (i.e., enactive, embodied and dynamic) process of interaction. I argue that the shift towards the affective, experiential and immersive forms of engagement in historical representation is indicative of the growing importance of dynamic, embodied and interactive features in mediated models of the past. The paper concludes by discussing the implications of virtual reality as an emergent medium that offers a new way of modeling the past. Despite its novelty, however, virtual reality raises age-old questions about the dynamics of engagement and detachment in historical understanding.

Book Review: Barry Cunliffe, The Scythians: Nomad Warriors of the Steppe. Oxford: Oxford University Press, 2019.

The Scythians is an expansive study of a lost civilization with everlasting characteristics and a rich cultural and artistic heritage. It provides a sympathetic account of a nomadic civilization encompassing a wide variety of sources. Most significantly, it utilizes interdisciplinary methodology to exemplify a model of how to research a nomadic culture doing justice to its historical understanding. The book is arranged into twelve chapters, each focusing on a different aspect of the Scythians: its people, geography, culture, military, art, and history. Rather than following a chronological format, Cunliffe focuses on tracing the evidence in historical records as well as archeological findings in compiling a picture of the Scythians as complete as possible with available material. The book is rich with visual material: pictures, illustrations, maps, images of objects and crafts, as well as an addendum gallery with ten objects presented and interpreted in detail providing depictions of the Scythian life.

Prolegomena to Any Future Historicizing: The Dilthey-Husserl Debate and Why It Matters for Critical Phenomenology

For more than a century, phenomenology’s relation to history has remained a problem for phenomenological analysis. This can in part be attributed to the circumstances surrounding the beginnings of phenomenology. As Europe moved increasingly toward world war at the turn of the 20th century, a growing consciousness of the historical relativity of all values and knowledge spread throughout the continent, leading Ernst Troeltsch to speak of the “crisis of historicism” (Rand 1964, 504-5). In this same context, Edmund Husserl framed phenomenological analysis in opposition to history. While Husserl recognized the “tremendous value” that history has to offer philosophical thinking, he believed that a purely historical reduction of consciousness necessarily results in the relativity of historical understanding itself, like a serpent that bites its own tail (Husserl 2002, 280). If phenomenology was to be a genuine science, it had to attempt a phenomenological reduction which would seize upon the essence of our historical being, i.e., our essence as beings that exist within history and are inseparable from it. What was required over and beyond a historical understanding of lived experience was an analysis of the structure of historicity itself (293-4).

Representing the Russian Revolution in Prescribed Russian School History Textbooks

This article offers a new knowledge and insight into understanding the nexus between ideologies, the state, and nation-building—as depicted in transforming images of nation-building and historical understanding of the October 1917 Russian revolution in prescribed history textbooks in the Russian Federation (RF). Using discourse analysis, and historiography, the article examines critically the role of language and ideology in presenting historical narratives in explaining how do representations of the revolution by different historians, from diverse ideological backgrounds, compared to the depiction of the October Revolution of 1917, in Russian school textbooks. Classroom teachers and historians, using historiography, interpret the 1917 October revolution in Russia in different ways. These different interpretations reflect the way in which historical understanding and historical knowledge, influenced by dominant ideologies, are created in history. Current prescribed Russian history textbooks for senior secondary students, which are approved by the Ministry of Education and Science, now regard the Russian Revolution as a significant part of a foundation narrative, representing a re-invented new meta-narrative of nation-building in the RF.

Power resource theory revisited: The perils and promises for understanding contemporary labour politics

While their power is declining, unions and workers remain prominent actors in society. Therefore, there is a need to bring power resource theory back to the analytical forefront in the study of contemporary labour politics and labour market sociology. It provides the analytical perspectives necessary for a comprehensive and historical understanding of labour markets and labour politics. However, this article argues that the original theory developed by Korpi needs to be reassessed and further developed. Revisiting the original theory and reviewing common criticism, the authors argue that power resource theory should pay closer attention to how different types of power resources are mobilised and used and how actors’ interests are shaped during that process. The article seeks to address these issues and thus move power resource theory forward and pave the way for future theorisation.

Arcana and Ambiguity in Intellectual History

As history became a narrative of contexts as well as of actions, the moral and exemplary character of the actions related was affected … The narrative of action became a narrative of mystery, meaning not only the mystery of random contingency, but the mystery of how decision and action were framed in the face of contingency. Whether action had proved successful or disastrous, that which was exemplary about it was at the same time that which was arcane, formed in the depths of the human heart as it interacted with fortune. The epigraph comes from the “prelude” to the second volume of Barbarism and Religion, J. G. A. Pocock's masterpiece devoted to reconstructing the manifold contexts for understanding Edward Gibbon's History of the Decline and Fall of the Roman Empire. In this passage, Pocock is addressing the transformation of historical understanding in the wake of the Pyrrhonian controversy that dominated early modern learning. Reconstruction of contexts, Pocock argued, was one answer to skepticism about our knowledge of the past, but it could not come at the expense of an understanding of action and motivations. For his part, Gibbon sought a neoclassical synthesis designed to generate “narrative at the point where the exemplary became the arcane.” Such is the paradox of historiography as a modern craft. That which gives a historical episode its value (its exemplarity) is typically that which escapes the explanatory frameworks we bring to it (its arcana).