Konsep Pemerintahan Religius dan Demokrasi Menurut Abdul Karim Soroush dan Ayatullah Khomeini

2013 ◽  
Vol 3 (2) ◽  
pp. 438-473
Author(s):  
M. Heri Fadoil
Keyword(s):  
Religious System ◽  
Islamic Jurisprudence ◽  
Ayatollah Khomeini ◽  
The Difference ◽  
The Government ◽  
The Right

Abstract: Abdul Karim Soroush judges that religious rule is incorrect assessment of the application of Islamic jurisprudence. In a religious society, Islamic jurisprudence obtains the right to govern. It is, of course, necessary to establish a kind of Islamic jurisprudence-based religious rule. Soroush firmly rejects it because such interpretation is too narrow. As for democracy, Soroush argues that the system used is not necessarily equal to that of the Western. On the contrary, Ayatollah Khomeini’s thoughts on religious rule are reflected in the so called wilayat al-faqih. It is a religious scholar-based government. Democracy, according to him, is the values of Islam itself, which is able to represent the level of a system to bring to the country’s progress. Principally, there are some similarities between the ideas of Ayatollah Khomeini and those of Abdul Karim Soroush in term of religiosity. They assume that it is able to sustain the religious system of government. The difference between both lies on the application of religiosity itself. Ayatollah Khomeini applies the concept of a religious scholar-based government, while Abdul Karim Soroush rejects the institutionalization of religion in the government or state.Keywords: Governance, democracy, Abdul Karim Soroush, Ayatollah Khomeini

scholarly journals Printing House of Ministry of Internal Affairs of Russian Empire in Mid-19th — Early 20th Centuries: structure, functions, personnel

2021 ◽  
Vol 1 (7) ◽  
pp. 412-427
Author(s):  
V. A. Veremenko ◽  
E. N. Krylova
Keyword(s):  
Public Opinion ◽  
State Institution ◽  
Government Printing ◽  
Central State ◽  
Priority Direction ◽  
Internal Affairs ◽  
The Difference ◽  
The Government ◽  
The Right ◽  
Printing House

The general characteristics of the government printing house that served the interests of Ministry of Internal Affairs in the middle of the 19th and the beginning of the 20th centuries, from the moment the printing house was created in 1836 until the 1910s, when the government was forced to join the struggle for public opinion. The staff of the printing house of the Ministry of Internal Affairs, its structure and changes in personnel and functions are investigated. It is shown that the outbreak of the First Russian Revolution accelerated the transformation of the printing house of the Ministry of Internal Affairs from an institution dealing with printing works on the document circulation of the Ministry of Internal Affairs into a structure that performs important functions in the ideological struggle for public opinion. It is proved that at the beginning of the twentieth century the priority direction for the printing house of the Ministry of Internal Affairs was the task of printing government newspapers “Government Bulletin”, “Russian State”, “Evening addition to the Government Bulletin”, etc. The difference between the servants and the workers of the printing house of the central state institution is emphasized. It is noted that if the servants of the printing house of the Ministry of Internal Affairs initially had the right to receive a social package, then the workers of the printing house had to earn this right.

Debt and Contract in the Common Law

1966 ◽  
Vol 1 (1) ◽  
pp. 60-98 ◽  
Author(s):  
A. V. Levontin
Keyword(s):  
Income Tax ◽  
Common Law ◽  
The Real ◽  
Real Nature ◽  
The Common ◽  
The Difference ◽  
The Government ◽  
The Right ◽  
As If

The difference between what a man already owns, or property, and what he is only entitled to claim, or obligation, is fundamental. A debt represents what a man is entitled to claim, but because of its proximity to a claim in detinue and for other reasons to be hereafter discussed, it is for many purposes treated as if it were something that a man already owns. The owner of a debt may not help himself by seizing what he is owed and must, like the owner of any chose in action, implement his right with the cooperation of the debtor or else by resort to the courts. Nevertheless, he who owns a debt enjoys a peculiarly “strong” right. This strength derives in part from the “real” nature of the right; by virtue of this a creditor, such as a lender or an unpaid vendor, is treated in some respects almost as if he were already the owner of what is owed, in particular a lender as if he went on owning the money lent to the borrower. And even in cases where a debt does not originate in a real transaction (as, for instance, a judgment-debt or income tax owed to the government, in which cases the creditor has not previously given that, or the equivalent of that, which he now claims) it is still “strong” because the object in obligatione, viz. money or other fungibles, is “indestructible” and therefore a debt cannot be frustrated by impossibility.

Indian Judiciary: An Analysis of the Cyclic Syndrome of Delay, Arrears and Pendency

2017 ◽  
Vol 5 (1) ◽  
pp. 21-39
Author(s):  
Yashomati Ghosh
Keyword(s):  
The State ◽  
Access To Justice ◽  
Committee Report ◽  
Recent Past ◽  
The Past ◽  
The Supreme Court ◽  
The Difference ◽  
The Government ◽  
The Right ◽  
Timely Delivery

India has been experiencing docket explosion and the problem of huge arrears of pending cases for the past seventy years. At present there are more than 22 million cases pending in various courts across the country. The large number of pending cases has crippled the efficient working of the judiciary and had adversely affected the right of the citizens to timely delivery of justice. In this paper a comprehensive analysis of the state of Indian judiciary has been made. The various factors which have attributed to docket explosion and arrears have been discussed by looking into various government and judicial reports, starting from the Arrears Committee Report of 1949 to the Supreme Court Report on Access to Justice (2016). The paper further discusses the challenges and impediments faced in dealing with the burdens of pendency and arrears, and analyses the recommendations of the various committee reports relating to judicial reforms. The article critically analyses the various procedural, legal and infrastructural reforms introduced in the recent past to bring about substantive judicial reforms, however these efforts have largely been piecemeal in nature. In addition the difference of perception between the judiciary and the government regarding the right solution has further aggravated the crisis. In this context the harmonious functioning of the three organs of the state and honest commitment of all the important stakeholders such as the Bar Council, the members of the legal profession and litigants holds the key to resolve the cyclic syndrome of delay, arrears and pendency.

scholarly journals Aturan Pembebasan Narapidana dengan Program Asimilasi dan Integrasi di Tengah Wabah Covid-19 di Tinjau Dari Peraturan Menteri Hukum dan Ham Nomor 10 Tahun 2020

INICIO LEGIS ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 164-182
Author(s):  
Halim Dimas Ferdiansyah ◽  
Syamsul Fatoni
Keyword(s):  
Human Rights ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Difference ◽  
The Government ◽  
Release Program ◽  
The Right ◽  
Occupancy Rates

ABSTRAKDasar pertimbangan dikeluarkannya Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 10 Tahun 2020 tentang Persyaratan Pemberian Hak Asimilasi dan Integrasi bagi Narapidana dan Anak dalam rangka pencegahan dan penanggulangan penyebaran COVID-19. dengan banyaknya tingkat hunian di penjara, hal ini telah menimbulkan kekhawatiran bagi pemerintah. Namun, terpidana yang dibebaskan mengulangi kejahatannya lagi dan menimbulkan kecemasan publik. Tujuan dari penelitian ini adalah untuk mengetahui perbedaan antara Permenkumham Nomor 3 Tahun 2018 dengan Permenkumham Nomor 20 Tahun 2020 dan kesesuaian prinsip pembinaan dengan Undang-Undang Nomor 12 Tahun 1995 tentang pemasyarakatan. Metode yang digunakan dalam penelitian ini adalah penelitian hukum normatif dengan menggunakan pendekatan perundang-undangan, pendekatan konseptual. Hasil penelitian ini menunjukkan bahwa perbedaan pemberian hak asimilasi dan integrasi narapidana dalam Permenkumham Nomor 3 Tahun 2018 diberikan sesuai dengan persyaratan substantif dan administratif secara lengkap. Namun dalam Permenkuham Nomor 10 Tahun 2020 terdapat beberapa perbedaan dalam hal pemberian hak asimilasi dan integrasi, baik persyaratan substantif maupun administratif, sehingga Permenkumham Nomor 10 Tahun 2020 memudahkan narapidana mendapatkan hak asimilasi dan integrasi. serta pelaksanaan ketentuan pemberian asimilasi dan integrasi dalam Permenkumham Nomor 10 Tahun 2020 tidak sesuai dengan prinsip pembinaan dalam undang-undang pemasyarakatan. Ketidaksesuaian tersebut dikarenakan adanya narapidana yang kembali melakukan tindak pidana, hal ini menunjukkan kegagalan dalam melakukan pembinaan terhadap narapidana. Pasalnya, program pembebasan hanya berfokus pada pencegahan penularan COVID-19 di lapas Kata kunci: asimilasi, integrasi, narapidana, perbedaan dan kesesuaian Permenkumham ABSTRACTThe basis for the consideration of the issuance of Regulation of the Minister of Law and Human Rights Number 10 of 2020 concerning the Requirements for Granting Assimilation and Integration Rights for Prisoners and Children in the context of preventing and overcoming the spread of COVID-19. with many occupancy rates in prisons, it caused a concern of the government. However, the convict who was released repeated the crime again and caused public anxiety. The purpose of this research was to find out the difference between Permenkumham (Regulation of the minister of Law and human righs) Number 3 of 2018 and Permenkumham Number 20 of 2020 and the suitability of the principles of development with Law Number 12 of 1995 concerning correctionalism. The method used in this research was a type of normative legal research using a statutory approach, a conceptual approach. The results of this study indicated that the differences in the provision of assimilation rights and integration of prisoners in Permenkumham No.3 of 2018 were given in accordance with the complete substantive and administrative requirements. However, in Permenkuham No.10 of 2020 there are several differences in terms of granting assimilation and integration rights, both substantive and administrative requirements, so that Permenkumham No.10 of 2020 made it easier for inmates to get the right of assimilation and integration. and the implementation of the provisions for assimilation and integration in Permenkumham No.10 of 2020 is not in accordance with the principles of guidance in the correctional law. This mismatch was due to the presence of prisoners who had returned to committing criminal acts, this indicated a failure to provide guidance to prisoners. This was because the release program only focuses on preventing transmisfsion of COVID-19 in prisons. Keywords: Assimilation, Integration, Prisoners, Differences and suitability of Permenkumham

scholarly journals A Consistent Inconsistency—An Interpretationof Sections 23 and 56(1) of the Charter of Human Rights and Freedoms of Québec

2016 ◽  
Vol 28 (3) ◽  
pp. 379-403
Author(s):  
Barbara Pierre
Keyword(s):  
Human Rights ◽  
Separation Of Powers ◽  
Attorney General ◽  
Supreme Court Decision ◽  
The State ◽  
Fundamental Rights ◽  
The Law ◽  
The Difference ◽  
The Government ◽  
The Right

The writer advocates the view that courts interpret statutes so as to achieve their aim; that being justice in the case: as between the parties and in respect of the law. This is identified as the common thread that explains the apparent erratic behaviour of the courts in their use of the various methods or rules of interpretation. The Supreme Court decision, Attorney General of Québec v. 2747-3174 Québec Inc., is analysed against the background of this theory and is seen to give support to it. The court is shown to use various rules of interpretation, which lead the majority to a wide, and the minority to a narrow, interpretation of the Charter of Human Rights and Freedoms of Québec. Yet it is clear that in both cases the rules are merely a means to an end: justice as between the parties and in respect of the law. In context of the case, this means establishing a balance between the competing interests of the State and the citizen that conforms to the law relating to fundamental rights and in particular, the Charter of Human Rights and Freedoms of Québec. As far as the State is concerned, it has a vested interest in confirming the constitutionality of its many administrative tribunals, which play an essential role in enabling the State to discharge its responsibility to govern. Citizens, on the other hand, need to be protected from the violation of their rights, in particular the right to an independent and impartial tribunal in matters relating to the determination of their rights and obligations, or charges brought against them. The Charter must be interpreted so that, in its scope and content, it gives real protection, but, consistent with the separation of powers doctrine, the interpretation must not amount to a usurpation by the courts of the role of the government to govern. The writer concludes that the opposing conclusions of the majority and minority are more a consequence of the difference in the opinion of the judges as to the manner in which the balance should be struck, as opposed to the rules of interpretation used by them.

Legal Update: North Dakota Supreme Court: Third Edition of Guides is “Most Current”

1999 ◽  
Vol 4 (1) ◽  
pp. 6-7
Author(s):  
James J. Mangraviti
Keyword(s):  
Internal Rotation ◽  
External Rotation ◽  
Measurement Techniques ◽  
Fourth Edition ◽  
Hip Motion ◽  
The Difference ◽  
The Right ◽  
Hip Flexion ◽  
Hip Rotation ◽  
Hip Extension

Abstract The accurate measurement of hip motion is critical when one rates impairments of this joint, makes an initial diagnosis, assesses progression over time, and evaluates treatment outcome. The hip permits all motions typical of a ball-and-socket joint. The hip sacrifices some motion but gains stability and strength. Figures 52 to 54 in AMA Guides to the Evaluation of Permanent Impairment (AMA Guides), Fourth Edition, illustrate techniques for measuring hip flexion, loss of extension, abduction, adduction, and external and internal rotation. Figure 53 in the AMA Guides, Fourth Edition, illustrates neutral, abducted, and adducted positions of the hip and proper alignment of the goniometer arms, and Figure 52 illustrates use of a goniometer to measure flexion of the right hip. In terms of impairment rating, hip extension (at least any beyond neutral) is irrelevant, and the AMA Guides contains no figures describing its measurement. Figure 54, Measuring Internal and External Hip Rotation, demonstrates proper positioning and measurement techniques for rotary movements of this joint. The difference between measured and actual hip rotation probably is minimal and is irrelevant for impairment rating. The normal internal rotation varies from 30° to 40°, and the external rotation ranges from 40° to 60°.

Capaian pembangunan manusia: analisis komparatif Provinsi Banten, Jawa Barat dan DKI Jakarta

2018 ◽  
Vol 13 (1) ◽  
Author(s):  
Adriwati Adriwati
Keyword(s):  
Human Development ◽  
Human Development Index ◽  
Human Population ◽  
Provincial Government ◽  
Healthy Life ◽  
Development Index ◽  
Long Life ◽  
The Difference ◽  
The Government ◽  
Development Paradigm

Human development is a development paradigm that puts human (population) as the focus and final target of all development activities, namely the achievement of control over resources (income to achieve decent living), improvement of health status (long life and healthy life) and improve education. To see the success rate of human development, UNDP publishes an indicator of Human Development Index (HDI). This study discusses the achievements of human development that have been pursued by the government. The problem analyzed in this research is the difference of human development achievement in some provincial government in Indonesia. This paper aims to compare the achievements of human development in some provincial governments seen from the achievement of human development index of each province. Research location in Banten Province, West Java and DKI Jakarta.Keywords:Human Development Index, Human Development Achievement

Nazistowski mord na Żydach w prasie polskich komunistów (1942–1944).

2006 ◽  
pp. 54-75
Author(s):  
Klaus Peter Friedrich
Keyword(s):  
Shared Responsibility ◽  
The Political ◽  
Right Wing ◽  
Social Democrats ◽  
The Social ◽  
The Government ◽  
Post War ◽  
Polish Government ◽  
The Right ◽  
Political Right

Facing the decisive struggle between Nazism and Soviet communism for dominance in Europe, in 1942/43 Polish communists sojourning in the USSR espoused anti-German concepts of the political right. Their aim was an ethnic Polish ‘national communism’. Meanwhile, the Polish Workers’ Party in the occupied country advocated a maximum intensification of civilian resistance and partisan struggle. In this context, commentaries on the Nazi judeocide were an important element in their endeavors to influence the prevailing mood in the country: The underground communist press often pointed to the fate of the murdered Jews as a warning in order to make it clear to the Polish population where a deficient lack of resistance could lead. However, an agreed, unconditional Polish and Jewish armed resistance did not come about. At the same time, the communist press constantly expanded its demagogic confrontation with Polish “reactionaries” and accused them of shared responsibility for the Nazi murder of the Jews, while the Polish government (in London) was attacked for its failure. This antagonism was intensified in the fierce dispute between the Polish and Soviet governments after the rift which followed revelations about the Katyn massacre. Now the communist propaganda image of the enemy came to the fore in respect to the government and its representatives in occupied Poland. It viewed the government-in-exile as being allied with the “reactionaries,” indifferent to the murder of the Jews, and thus acting ultimately on behalf of Nazi German policy. The communists denounced the real and supposed antisemitism of their adversaries more and more bluntly. In view of their political isolation, they coupled them together, in an undifferentiated manner, extending from the right-wing radical ONR to the social democrats and the other parties represented in the underground parliament loyal to the London based Polish government. Thereby communist propaganda tried to discredit their opponents and to justify the need for a new start in a post-war Poland whose fate should be shaped by the revolutionary left. They were thus paving the way for the ultimate communist takeover

Implementasi Sistem Informasi Monitoring Pengolahan Data Inventory Gudang Pada PT.Talaga Mulya Indah

2020 ◽  
Vol 6 (2) ◽  
pp. 187-197
Author(s):  
Nurlaila Suci Rahayu Rais ◽  
Dedeh Apriyani ◽  
Gito Gardjito
Keyword(s):  
Data Processing ◽  
Integrated Control ◽  
Unified Modeling Language ◽  
Review Literature ◽  
Analysis Method ◽  
Inventory Data ◽  
Literature Study ◽  
Unified Modeling ◽  
The Difference ◽  
The Right

Monitoring of warehouse inventory data processing is an important thing for companies. PT Talaga mulya indah is still manual using paper media, causing problems that have an effect on existing information, namely: problems with data processing of incoming and outgoing goods. And the difference between data on the amount of stock of goods available with physical data, often occurs inputting data more than once for the same item, searching for available data, and making reports so that it impedes companies in monitoring inventory of existing stock of goods. Which aims to create a system that can provide updated information to facilitate the warehouse admin in making inventory reports, and reduce errors in input by means of integrated control. In this study, the authors used the data collection method used in this analysis using the method of observation, interviews, and literature review (literature study). For analysis using the PIECES analysis method. Furthermore, the system design used is UML (Unified Modeling Language). The results of this study are expected to produce the right data in the process of monitoring inventory data processing, also can provide the right information and make it easier to control the overall availability of goods.

THE IDEA OF «COMMUNITY» IN THE GOVERNMENT CONCEPTS OF GALICIA OF THE XIX – BEGINNING OF THE XX CENTURY

2019 ◽  
pp. 15-21
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Nineteenth Century ◽  
19Th Century ◽  
Practical Significance ◽  
Distinctive Features ◽  
Legal Studies ◽  
Legal Principle ◽  
General Scientific ◽  
The Government ◽  
The Right ◽  
The 19Th Century

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.

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