scholarly journals THE AMENDMENTS OF THE CONSTITUTION OF 1945: ITS IMPACT ON INDONESIAN LEGAL SYSTEM

2008 ◽  
Vol 38 (1) ◽  
pp. 101
Author(s):  
Budi Darmono
Keyword(s):  
Legal System ◽  
The State ◽  
The Government

AbstrakThe Constitution of 1945 was not amended for 54 years. Some people evenregarded it as 'sacred' constitution because it was 'untouchable '. Somepeople said that it was not amended because it was advantageous for therulers. This Constitution was, in fact, concise. It consisted of three parts. Thefirst is Pembukaan or Preamble. The Preamble contained, and still containsthe Pancasila, the state 's fundamental norms. The second part is the BatangTubuh or Body. This consisted of only 37 articles of primary provisions, 4articles of transitional provisions, and 2 articles of additional provisions.The third part was the Penjelasan or Elucidation (explanatorymemorandum). According to point IV of the Elucidation, the reason for theConstitution's conciseness was to avoid rigidity. The Elucidation describedsociety as dynamic and volatile, especially in time of revolution. Therefore, ifdetailed matters were stipulated in the Constitution, the state might not havebeen able to keep up with the changes in society. Furthermore, point IV ofElucidation stated that despite the Constitution is concise, the most importantthing in running the government is the semangat or spirit of those who runthe government.

scholarly journals A RESPONSABILIDADE PENAL EM TEMPOS DE PANDEMIA: DO DESCUMPRIMENTO DE MEDIDAS EMERGENCIAIS DE COMBATE À TRANSMISSÃO DA COVID-19 E SUAS CONSEQUÊNCIAS JURÍDICO-PENAIS

2021 ◽  
Vol 4 (4) ◽  
pp. 175-186
Author(s):  
Airton Roberto Guelfi ◽  
Gisele Tafarelo Guelfi ◽  
Nathalia Horizonte Bacelar
Keyword(s):  
Health Policy ◽  
Criminal Law ◽  
Legal System ◽  
Criminal Policy ◽  
Health Sciences ◽  
The State ◽  
Theoretical Discussion ◽  
Legal Analysis ◽  
The Face ◽  
The Government

This article introducea theoretical discussion that starts from the historical-social moment present in the face of the pandemic caused by COVID-19 in face of the uncontrolled increase in contamination worldwide and, consequently, the increasing number of deaths. It became necessary to go beyond the field of health sciences for a legal analysis, tracing a path that is established with governmental measures through administrative acts edited by the Federal and State Executive as means to confrontthe pandemic. With the publication of these administrative acts, there are important criminal consequences that must in fact be observed so that they do not become a dead letter in the legal system. All efforts by the State asthe manager of a health policy must be supported in that State as the manager and executor of a criminal policy. Based on this factor, the study written here seeks to conduct a discussion on the repercussions that affect the field of Criminal Law as a result of non-compliance with the measures imposed by the Government and the consequent liability of the offending agent.

Legal Aid for Ensuring Access to Justice in Bangladesh: A Paradox?

2017 ◽  
Vol 4 (1) ◽  
pp. 257-275
Author(s):  
Farzana AKTER
Keyword(s):  
Legal System ◽  
The State ◽  
Access To Justice ◽  
Intention To Use ◽  
Legal Aid ◽  
Actual Performance ◽  
Legal Provisions ◽  
The Poor ◽  
The Government

AbstractThis article examines the government-funded legal aid system of Bangladesh. It indicates that the Bangladeshi legal aid system is lacking in terms of both legal provisions and the actual performance of the Legal Aid Services Act. The inadequacies in the implementation of the Act even raise the concern of whether the government has any intention to use the legal system to improve the condition of the poor or whether it intends to establish a legal aid system that is directed to providing mere lip service to the poor. The Bangladeshi legal aid system is therefore in a paradox; the state has established an institution that exposes its drawbacks and is not able to meet the needs of the beneficiaries. The article finally makes recommendations in order to redress the deficiencies of the system and thus to ensure effective access to justice for those who are in need of the service.

scholarly journals Parlamentārās kontroles īstenošanas īpatnības un problēmjautājumi Covid-19 pandēmijas laikā

2021 ◽  
pp. 467-473
Author(s):  
Aleksandrs Kuzņecovs ◽  
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Legal Liability ◽  
The State ◽  
Legal Basis ◽  
State Of Emergency ◽  
Rapid Spread ◽  
The Republic ◽  
The Government

Due to rapid spread of Covid-19 worldwide, Latvian government declared the state of emergency. This decision was adopted by the parliament in order to contain the virus and undertake all the necessary measures to prevent its further spread. At the same time, it is clear that government’s actions undertaken within the state of emergency mostly remain unchecked. The absence of any legal basis for the parliament to extend their oversight during the state of emergency makes role of the parliament in these circumstances unclear. The current position of the parliament precludes political and legal liability over the executive and their officers. Lack of the delegated legislative and human rights restriction clause applicable specifically during the state of emergency raises questions regarding powers of the government and parliamentary control during the state of emergency. The article explores the possible solutions to rectify such flaws in the legal system of the Republic Latvia

scholarly journals Penyelesaian Perselisihan Antara Negara Dengan Warga Negara Asing Mengenai Penanaman Modal Berbasis Pancasila

2018 ◽  
Vol 8 (1) ◽  
pp. 70
Author(s):  
Agus Saiful Abib
Keyword(s):  
Qualitative Analysis ◽  
Legal System ◽  
Dispute Settlement ◽  
The State ◽  
Community Values ◽  
National Legal System ◽  
The Government ◽  
Humanitarian Values ◽  
Settlement Of Disputes ◽  
Gains And Losses

<p>Indonesia adalah negara hukum (<em>rechtsstaat</em>), oleh karena itu hukum nasional harus berdaulat dan menjadi panglima dalam menyelesaiaikan seluruh permasalahan bangsa. Akan tetapi penyelesaian perselisihan antara negara dengan warga negara asing mengenai penanaman modal dalam hegemoni hukum arbitrase internasinal, dimana pemerintah menyerahkan mekanismenya kepada <em>International Centre for Settlement of Investment Disputte</em> (ICSID). Fokus permasalahan makalah ini adalah Bagaimanakah keuntungan dan kerugian pemerintah Indonesia dalam penyelesian perselisihan antara negara dengan warganegara asing mengenai penanaman modal melalui ICSID? Bagaimanakah konsep penyelesian perselisihan antara negara dengan warga negara asing mengenai penanaman modal dalam sistem hukum nasional berbasis Pancasila. Metode yang digunakan dalam makalah ini adalah Analisa kualitatif dengan menggunakan paradigma postpositivisme (Guba &amp; Lincoln) yang disinergikan dengan pendekatan sosiolegal. Penulisan makalah ini mengungkapkan Hukum nasional merupakan hukum yang dibangun oleh bangsa Indonesia sendiri berdasarkan nilai ketuhanan, nilai kemanusiaan dan nilai kemasyarakatan yang merupakan nilai agung Pancasila sebagai pandangan hidup bangsa Indonesia guna mewujudkan tujuan negara. Indonesia mengalami kerugian sangat besar ketika penyelesaian perselisihan antara negara dengan warganegara asing mengenai penanaman modal diserahkan kepada ICSID, Oleh karena itu, perselisihan penanaman modal sebaiknya diselesaikan oleh badan arbitrase ASEAN.</p><p>Indonesia is a state of law (rechtsstaat), therefore the national law must be sovereign and be the commander in solving all the problems of the nation. However, the settlement of disputes between the state and foreign citizens concerning investment in the hegemony of the international arbitration law, in which the government submits its mechanism to the International Center for Settlements of Investment Disputes (ICSID). The focus of this paper issue is how are the gains and losses of the Indonesian government in settling disputes between the state and foreign citizens on investment through ICSID? What is the concept of dispute settlement between state and foreign citizen regarding investment in national legal system based on Pancasila? The method used in this paper is qualitative analysis using postpositivism paradigm (Guba &amp; Lincoln) synergized with sociolegal approach. The writing of this paper reveals the national law is a law that was built by the Indonesian people themselves based on the value of divinity, humanitarian values and community values which is the great value of Pancasila as a view of life of the Indonesian nation in order to realize the purpose of the state. Indonesia suffers enormous losses when the settlement of disputes between the state and foreign citizens concerning investment is left to ICSID. Therefore, investment disputes should be resolved by the ASEAN arbitration body.</p><pre> </pre>

Health, well-being sustainability and rights in the time of Covid-19 infection: Infection management by the Albanian legal order

2021 ◽  
pp. 133-149
Author(s):  
Ismail Tafani
Keyword(s):  
Legal System ◽  
Well Being ◽  
The State ◽  
Legal Order ◽  
Legal Systems ◽  
State Of Emergency ◽  
The Government ◽  
The Right ◽  
Administrative Sanctions ◽  
Natural Way

The scope of this article is the analysis of the situation created by the Coronavirus which has been a risk to the health of the humans and at the same time has af-fected the legal systems in a country. In addition, this article will try to highlight likewise in the whole World, the same way the Albanian legal system is caught em-inently unprepared to respond and protect "the right to health" and consequently the management of the Covid-19 pandemic. The situation of the pandemic in addition of being a great test for the human immunity, seems to have done the same for the "immunity" of legal systems in general and the Albanian system, on which the study will be focused mainly. Although the legal system provided for exceptional measures to respond to the situation in a subtle way in respect to fundamen-tal rights, the Albanian government in particular and governments around the World seem to have been disoriented and have lost the thread to react in a natural way in respect to the provisions of the legal order in response to the Covid-19 and respect for individual rights of health with dignity. This disorientation of the gov-ernment actions towards the response to the situation seemed to be ineffective and contagious like the virus itself. The situation of Covid-19 infection has begun to be managed through the law that regulates infections and infectious diseases, adopt-ing various secondary regulations in accordance with this law. Thus, in Albania, the Government has made legislative interventions through the decree laws, to tighten the administrative sanctions against people who did not respect the "lock-down". This legislation was followed by the proclamation of the state of emergency throughout the Albanian territory. So the situation inevitably has influence on the sustainability of the society because this disorientation of the legislative activi-ty created confusion in this country. The state of emergency is foreseen in the Al-banian, obviously taking into account the proportionality of the reaction to the danger. In this context, the article intends to make a detailed analysis considering some comparative aspects, and as regards the proportionality of the measures adopted by the Albanian government.

The Application of Islamic Law in Indonesia: Between Opportunities and Challenges

2015 ◽  
Vol 4 (1) ◽  
pp. 45-64
Author(s):  
Djawahir Hejazziey
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Real Life ◽  
The State ◽  
Structural Power ◽  
Pros And Cons ◽  
The Government ◽  
Textual Meaning

Essentially, the application of Islamic law in Indonesia has a huge opportunity. Undeniably, there remain challenges, both from within (Muslims) and from outside (other than Muslims). The great and tremendous challenges come from Muslims themselves. Muslims do not want Islamic law in Indonesia upright. The reason is the government is also unwilling because of the existing legal system and dissimilarity of attitude, understanding, practice of Muslims and Islamic leaders of Al-Quran and Al-Hadith, especially in relation to politics. It is likely to continue in line with the dynamics of Muslims in the state and nation. Pros and cons of Muslims against the application of Islamic law, including the unwillingness of groups against Islamic approach to structural (power) and Islamic cultural (culture), will raise the difficult and impossible application of Islamic law in Indonesia. Therefore, for most Muslims, the teachings should be reinterpreted beyond the textual meaning and application in real life.

scholarly journals PENYELESAIAN PERSELISIHAN ANTARA NEGARA DENGAN WARGA NEGARA ASING MENGENAI PENANAMAN MODAL BERBASIS PANCASILA

2018 ◽  
Vol 8 (1) ◽  
pp. 70
Author(s):  
Agus Saiful Abib
Keyword(s):  
Qualitative Analysis ◽  
Legal System ◽  
Dispute Settlement ◽  
The State ◽  
Community Values ◽  
National Legal System ◽  
The Government ◽  
Humanitarian Values ◽  
Settlement Of Disputes ◽  
Gains And Losses

<p>Indonesia adalah negara hukum (<em>rechtsstaat</em>), oleh karena itu hukum nasional harus berdaulat dan menjadi panglima dalam menyelesaiaikan seluruh permasalahan bangsa. Akan tetapi penyelesaian perselisihan antara negara dengan warga negara asing mengenai penanaman modal dalam hegemoni hukum arbitrase internasinal, dimana pemerintah menyerahkan mekanismenya kepada <em>International Centre for Settlement of Investment Disputte</em> (ICSID). Fokus permasalahan makalah ini adalah Bagaimanakah keuntungan dan kerugian pemerintah Indonesia dalam penyelesian perselisihan antara negara dengan warganegara asing mengenai penanaman modal melalui ICSID? Bagaimanakah konsep penyelesian perselisihan antara negara dengan warga negara asing mengenai penanaman modal dalam sistem hukum nasional berbasis Pancasila?</p><p>Metode yang digunakan dalam makalah ini adalah Analisa kualitatif dengan menggunakan paradigma postpositivisme (Guba &amp; Lincoln) yang disinergikan dengan pendekatan sosiolegal. Penulisan makalah ini mengungkapkan Hukum nasional merupakan hukum yang dibangun oleh bangsa Indonesia sendiri berdasarkan nilai ketuhanan, nilai kemanusiaan dan nilai kemasyarakatan yang merupakan nilai agung Pancasila sebagai pandangan hidup bangsa Indonesia guna mewujudkan tujuan negara. Indonesia mengalami kerugian sangat besar ketika penyelesaian perselisihan antara negara dengan warganegara asing mengenai penanaman modal diserahkan kepada ICSID, Oleh karena itu, perselisihan penanaman modal sebaiknya diselesaikan oleh badan arbitrase ASEAN.</p><p>Indonesia is a state of law (rechtsstaat), therefore the national law must be sovereign and be the commander in solving all the problems of the nation. However, the settlement of disputes between the state and foreign citizens concerning investment in the hegemony of the international arbitration law, in which the government submits its mechanism to the International Center for Settlements of Investment Disputes (ICSID). The focus of this paper issue is how are the gains and losses of the Indonesian government in settling disputes between the state and foreign citizens on investment through ICSID? What is the concept of dispute settlement between state and foreign citizen regarding investment in national legal system based on Pancasila?</p><p>               The method used in this paper is qualitative analysis using postpositivism paradigm (Guba &amp; Lincoln) synergized with sociolegal approach. The writing of this paper reveals the national law is a law that was built by the Indonesian people themselves based on the value of divinity, humanitarian values and community values which is the great value of Pancasila as a view of life of the Indonesian nation in order to realize the purpose of the state. Indonesia suffers enormous losses when the settlement of disputes between the state and foreign citizens concerning investment is left to ICSID. Therefore, investment disputes should be resolved by the ASEAN arbitration body.</p><pre> </pre>

scholarly journals Russian statehood in 1917: a change in the paradigm of development (to the 105th anniversary of the February Revolution in Russia)

2021 ◽  
Vol 2021 (4) ◽  
pp. 32-41
Author(s):  
Tat'yana Lyasovich
Keyword(s):  
Legal System ◽  
Turning Point ◽  
The State ◽  
Point Of View ◽  
Legal Practice ◽  
National History ◽  
Russian State ◽  
Form Of Government ◽  
Solid Foundation ◽  
The Government

The article examines the most problematic and interesting, from the author’s point of view, events and facts that had a cardinal impact on the development of Russian statehood in the period between the February and October revolutions of 1917. The relevance of the study of these problems is primarily due to the growing interest of researchers in the events of 1917 in Russia as a turning point in national history, as well as the understanding of possible alternatives to the development of the state and legal system of the Russian state at various stages of its existence. Based on the analysis of the complex of sources, the following conclusions are made: 1) the events of the February Revolution profoundly affected the course of development of the national statehood; 2) the republican form of government in Russia in 1917 turned out to be quite a promising innovation, however, the government found complete helplessness in solving pressing issues; 3) the reforms carried out by the Provisional Government in March – October 1917, for the most part remained declarative and were never implemented; 4) the construction of bourgeois republican statehood was not completed due to the October Revolution of 1917 and the overthrow of the Provisional Government. At the same time, the very attempt to build a bourgeois-democratic statehood in the spring and autumn of 1917 had a huge moral and symbolic significance. It was a kind of precedent in the domestic state-legal practice and laid a solid foundation for the formation of democracy and parliamentarism in modern Russia.

Some aspects of the idea of unity V. Solovyov and the present

2000 ◽  
pp. 20-25
Author(s):  
O. O. Romanovsky
Keyword(s):  
Nineteenth Century ◽  
National Policy ◽  
The State ◽  
Place Of Residence ◽  
The Government ◽  
The University ◽  
Temporary Closure

In the second half of the nineteenth century, the nature of the national policy of Russia is significantly changing. After the events of 1863 in Poland (the Second Polish uprising), the government of Alexander II gradually abandoned the dominant idea of ​​anathematizing, whose essence is expressed in the domination of the principle of serving the state, the greatness of the empire. The tsar-reformer deliberately changes the policy of etatamism into the policy of state ethnocentrism. The manifestation of such a change is a ban on teaching in Polish (1869) and the temporary closure of the University of Warsaw. At the end of the 60s, the state's policy towards a five million Russian Jewry was radically revised. The process of abolition of restrictions on travel, education, place of residence initiated by Nicholas I, was provided reverse.

Russia in 2000-2004: Heading towards State Capitalism?

2004 ◽  
pp. 42-65 ◽  
Author(s):  
A. Radygin
Keyword(s):  
The State ◽  
Private Business ◽  
Private Companies ◽  
State Capitalism ◽  
The Government

The paper deals with one of the characteristic trends of the 2000s, that is, the government's property expansion. It is accompanied by attempts to consolidate economic structures controlled by the state and state-owned stock packages and unitary enterprises under the aegis of holdings. Besides the government practices selective severe enforcement actions against a number of the largest private companies, strengthens its control over companies with mixed capital and establishes certain informal procedures of relationships between private business and the state. The author examines the YUKOS case and the business community's actual capacity to protect its interests. One can argue that in all likelihood the trend to the 'state capitalism' in its specific Russian variant has become clearer over 2003-2004.

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