scholarly journals PENGHULU SEBAGAI WALI HAKIM DALAM AKAD NIKAH (Studi Terhadap Penghulu Kantor Urusan Agama di Wilayah Kota Yogyakarta)

2020 ◽  
Vol 12 (2) ◽  
pp. 173
Author(s):  
Saif 'Adli Zamani
Keyword(s):  
Civil Servant ◽  
The State ◽  
Phenomenological Perspective ◽  
The Guardian

Penghulu is a civil servant posted in the Office or Religious Affairs who has an obligation  to become an marriage registrar. Despite as a marriage registrar, on behalf of the state, penghulu also has a duty to become marriage guardian (wali hakim) of bride candidate who does not have marriage guardian or the guardian refuses to become her guardian (taukil wali) . This paper comes to visit the practice of taukil wali and wali hakim among marriage registrars in Yogyakarta. Based on phenomenological perspective and gocusing on the reasons behind the practice of taukil wali and wali hakim, this  article argued that there are two varians of taukil wali, e.i. tawkīl wali bi al-lisān and tawkīl wali bi al-lisān. Meanwhile, some reasons behind the practice of wali hakim are: the bride candidate does not have lineage guardian, missing guardian (mafqūd), the guardian rejects to wed the bride, and the guardian has legal obstacles.[Penghulu merupakan Pegawai Negeri Sipil yang bertugas sebagai pegawai pencatat perkawinan yang berada pada Kantor Urusan Agama (KUA) di setiap Kecamatan. Selain bertugas sebagai Pegawai Pencatat Nikah, penghulu juga mempunyai tugas menjadi wali hakim bagi calon mempelai perempuan yang tidak mempunyai wali nasab atau karena sebab tertentu wali nasab tidak dapat menikahkannya. Tulisan ini membahas tentang praktik taukil wali kepada penghulu dan penghulu sebagai wali hakim di KUA Kota Yogyakarta. Fokus utama kajian tulisan ini adalah jenis taukil wali dan alasan para penghulu menjadi wali hakim. Data utama dari tulisan ini adalah hasil wawancara terhadap lima belas penghulu yang ada di empat belas KUA Kota Yogyakarta. Dengan menggunakan pendekatan fenomenologi yang berfokus pada pengalaman individu para penghulu, tulisan ini menyatakan bahwa terdapat dua jenis taukil wali kepada para penghulu di Kota Yogyakarta, yaitu taukil wali dengan ucapan langsung (tawkīl wali bi al-lisān) dan taukil wali dengan tulisan (tawkīl wali bi al-kitābah). Selain itu, terdapat beberapa sebab para penghulu menjadi wali hakim yaitu wali nasab habis, tidak mempunyai wali nasab, wali nasab mafqūd (tidak diketahui keberadaannya), wali nasab adhal (tidak mau menikahkan) atau wali nasab berhalangan secara hukum.]

The Guardian of the Constitution

2018 ◽  
Author(s):  
Benjamin A. Schupmann
Keyword(s):  
The State ◽  
Constitutional Amendment ◽  
Public Order ◽  
Positive Law ◽  
Mass Democracy ◽  
The Guardian

Chapter 5 analyzes Schmitt’s theory of dictatorship. Schmitt’s theory of dictatorship was part of his broader criticism of positivism and its inability to effectively respond to the instabilities mass democracy wrought on the state and constitution. Positive laws, including constitutional amendment procedures, could themselves become threats to the fundamental commitments of public order. The suspension of positive laws might be justified. Schmitt argued dictatorship was a necessary final bulwark against this sort of revolutionary threat. The dictator, as guardian of last resort capable of acting outside positive law, could become necessary for a state to survive internal enemies. Yet, although dictatorship could suspend positive law, Schmitt argued it did not suspend the fundamental public order of the state and constitution—a distinction positivism was unable to recognize. This chapter concludes with an analysis of Schmitt’s discussion of the role of the president as guardian of the constitution.

The mobility of Chinese Officials. I: Lan pei lu by Fan Cheng‑da

2020 ◽  
Vol 26 (2) ◽  
pp. 54-57
Author(s):  
Igor Alimov ◽  
Keyword(s):  
Civil Servant ◽  
Current Situation ◽  
The State ◽  
Local People ◽  
Old Chinese ◽  
Unique Information ◽  
Travel Journal ◽  
Important Evidence

This article concerns a travel journal Lan pei lu (“An Account with Reins in Hands”) written by a famous poet and civil servant Fan Cheng‑da (1126—1193). This text is an important evidence of the Old Chinese bureaucracy mobility of the 10th—13th centuries. Fan Cheng‑da wrote this journal while he travelled to Jurchen state Jin as a member of an ambassade. He registered many details about the current situation of the state, its morals and customs and the influence of Jurchen culture on the local people. This unique information makes Lan pei lu a very important historical and ethnographical source.

Zwierzynski v. Poland

2001 ◽  
Vol 12 (5-6) ◽  
pp. 367-370
Keyword(s):  
Moral Obligation ◽  
The State ◽  
Fundamental Rights ◽  
Public Order ◽  
General Interest ◽  
Public Authorities ◽  
The Public ◽  
The Guardian ◽  
Fair Balance

Any interference with the protection of property had to strike a fair balance between the demands of the general interest of the community and the requirements of the protection of the individual's fundamental rights. The requisite balance would not be struck where the person concerned bore an individual and excessive burden. Where an issue in the general interest was at stake it was incumbent on the public authorities to act in an appropriate manner and with utmost consistency. In addition, the State, as the guardian of public order, had a moral obligation to lead by example and it had a duty to ensure that its organs charged with the protection of public order enforced observance of that obligation.

scholarly journals Philosophical pedagogy as critics and self- critics: german experience

Osvitolohiya ◽  
2017 ◽  
pp. 44-51
Author(s):  
Maria Kultayeva ◽  
Keyword(s):  
Mass Culture ◽  
Political Ideology ◽  
Early Stage ◽  
Social Systems ◽  
The State ◽  
The Self ◽  
Modern Education ◽  
Education Theory ◽  
The Guardian ◽  
Research Show

In the article are regarded some evolutional tendencies of philosophical pedagogy in the German theoretical tradition. The turn from the normative theories to functional-structuring ones is analyzed on the factual material of Neo-Hegelianism (E. Spranger, T. Litt) and on Adorno’s half-education theory, where the half-education is represented as a form of educational alienation und contributes its conversion to anti-education. One of the alternative theoretical variants proposed by A. Tremlis deduced from theory of the self-referent social systems. Is showed that critics and self-critics of different philosophical and pedagogical constructs is giving impulses for development of philosophical pedagogy as a reflection of the inside logic of learning and educational practices including the claims of globalization. Despite numerous publications devoted to the problem of philosophical and pedagogical comprehension of the challenges of globalization that education is challenged with, the issue is still at an early stage. Nevertheless, the analysis shows that it has already made a certain contribution to the study of real and possible pathologies for the development of modern education. The findings of the research show that the reflection of the state and problems of education in philosophical pedagogy is, at the same time, always a test of the ability of pedagogical theories to fulfill their general civilization function. The activation of its ability to self-criticism is required to cope with that. Without the above mentioned factor, it can easily integrate into political ideology or adapt to the demands of the mass culture, turning from the guardian of the humanistic potential of education into its academically trained destroyer.

scholarly journals THE RIGHTS OF NATIONAL MINORITIES TO INFORMATION

2018 ◽  
Vol 8 (1) ◽  
pp. 45-53
Author(s):  
Aid Mršić ◽  
◽  
Larisa Softić-Gasal ◽  
Keyword(s):  
Public Service ◽  
The State ◽  
The Political ◽  
Political Pressure ◽  
The Public ◽  
Social Trends ◽  
National Minorities ◽  
The Media ◽  
The Guardian

The public service, which should be the guardian of the identity of national minorities, fell under the political pressure. In this way, it came out of the scope of its actions. Leading people in independent media believe that the role of the public service is crucial in protecting national minorities.But the media can not do it alone. First of all, the state must regulate, and respect what it has brought. With strong strategies and the inclusion of national minorities in all social trends, it is possible to achieve, not fully, but partially, the equality of all those who liveon the territory of BiH.On the other hand, the public service must respect what the state says. The Communications Regulatory Agency is obliged to impose rules in an adequate manner and at the same time to monitor how much the media (public service) meets its obligations.

scholarly journals Kewenangan Mahkamah Konstitusi sebagai Negative Budgeter dalam Pengujian Undang-Undang Anggaran Pendapatan dan Belanja Negara

2018 ◽  
Vol 14 (4) ◽  
pp. 728 ◽  
Author(s):  
Mei Susanto
Keyword(s):  
Judicial Review ◽  
The State ◽  
Constitutional Court ◽  
State Budget ◽  
The People ◽  
Conceptual Study ◽  
The Guardian

Doktrin Mahkamah Konstitusi (MK) yang dahulu dipercaya hanya sebagai negative legislature telah bergeser menjadi positive legislature. Menjadi pertanyaan, apakah doktrin MK sebagai negative legislature maupun positive legislature, dapat pula dimaknai sebagai negative budgeter dan positive budgeter dalam pengujian Undang-Undang Anggaran Pendapatan dan Belanja Negara (UU APBN). Berdasarkan hasil kajian konseptual dan pendalaman terhadap beberapa putusan MK dalam pengujian UU APBN, secara nyata dan dalam keadaan tertentu, doktrin MK sebagai negative legislature dapat dimaknai sebagai negative budgeter dalam bentuk pernyataan mata anggaran tertentu dalam UU APBN bertentangan dengan UUD 1945. Bahkan dapat pula dimaknai sebagai positive budgeter karena MK juga mengharuskan pemerintah dan DPR untuk menambahkan mata anggaran tertentu dalam UU APBN. Hal tersebut tidak lain sebagai bentuk diakuinya supremasi konstitusi, sehingga MK yang berperan sebagai the guardian constitution harus menjaganya. Apalagi dalam UUD 1945 terdapat pasal yang spesifik menyebut batas minimal anggaran pendidikan 20% dan pasal-pasal lain yang mengharuskan APBN harus dipergunakan untuk sebesar-besarnya kemakmuran rakyat.The doctrine of the Constitutional Court which was previously believed to be only as a negative legislature has shifted into positive legislature. The question, is the doctrine of the Constitutional Court as a negative legislature and a positive legislature can also be interpreted as a negative budgeter and a positive budgeter in the judicial review of the State Budget Law. Based on the result of conceptual study and deepening of several decisions of the Constitutional Court in the judicial review of the State Budget Law, in real and in certain circumtances, the doctrine of the Constitutional Court as a negative lagislature can be also interpreted as a negative budgetary in the form of specific budget items in the State Budget Law contradictory to the 1945 Constitution. Also as a positive budgeter because the Constitutional Court requires the executive and the legislative to add a specific budget in the State Budget Law. It is a form of recognition of constitutional supremacy, so that the Constitutional Court can role as the guardian constitution. Moreover in the 1945 Constitution there is a specific article that mentions the minimum limit of 20% education budget and other articles that require the state budget should be used for the greatest prosperity of the people.

scholarly journals Criminal Accountability Against Illegal Civil Servant Salary Receipt in Criminal Acts of Corruption

2019 ◽  
Vol 3 (2) ◽  
pp. 99-116
Author(s):  
Arif Suhartono ◽  
H.M. Said Karim ◽  
Marwati Riza
Keyword(s):  
Civil Servant ◽  
The State ◽  
Civil Servants ◽  
Legal Research ◽  
Civil State ◽  
Legal Proceedings ◽  
State Apparatus ◽  
The Right ◽  
To Receive ◽  
Laws And Regulations

The current study draws attention to analyze the right to salary of Civil Servant (PNS) undergoing legal proceedings and to analyze the qualifications of criminal act of corruption within the scope of the State Civil Apparatus. This study was an empirical legal research. The findings showed that the right to salary and benefits of Civil Servant undergoing legal proceedings was regulated in Article 281 of Law No. 11 of 2017 concerning Management of Civil State Apparatus that Civil Servant who were temporary dismissed due to detention of a suspect shall not be entitled to receive salary, but shall receive temporary dismissal pay. The amount of temporary dismissal pay is 50% (fifty percent) of the last salary as civil servant before being temporary dismissed in accordance with the laws and regulations. Temporary dismissal pay shall be received in the following month since the stipulation the temporary dismissal. On this basis, a comprehensive regulation is needed relating to supervisory oversight mechanism who made an omission against her subordinate civil servants who have committed disciplinary violations, especially those who were suspected of committing criminal act.

scholarly journals HIERARCHY AND SUBORDINATION IN THE PUBLIC ADMINISTRATION - SYNONYMES, DICHOTOMOUS CATEGORIES OR PREDESTINED TWO SIDES OF THE SAME MEDAL?

2019 ◽  
Vol 30 (6) ◽  
pp. 1393-1399
Author(s):  
Dejan Vitanski
Keyword(s):  
Public Administration ◽  
Process Management ◽  
Civil Servant ◽  
Essential Elements ◽  
The State ◽  
The Body ◽  
Effective Control ◽  
Layered System ◽  
The Public ◽  
Two Sides

The author of labor, through an in-depth considiration, tries to understand, capture and notify the essential elements and immanent features of the principles of hierarchy and subordination in the public administration. Administration is one of the key entities in the physiognomy of the state system. It is a complex mechanism and, in general, a hierarchically profiled structure, which forms the "spine" of the state. Hierarchy and subordination are the basic substrate of administrative architecture. In an organizational sense, the hierarchical principle is a system of eldership, whose essence is expressed in the obligation of the subordinate entity (individual or authority) to conform to the orders of the superordinate elder in a strictly formalized system of mutual relations that arise in connection with the performance of the working tasks within an organization. The hierarchical pyramid is a stratified (layered) system of functions, ranging from the more specific to the more general. Within that system, carriers of more general functions control the work of carriers of closer functions. The hierarchical structure has the form of a vertical chain, in which each higher level has authority over the lower one, and each lower level submits to the orders and the directives at the higher level. Hierarchical placement allows vertical process management, providing easier management, effective control, as well as locating the responsibility and dysfunctionality of each link in the administrative chain. According to modern understandings, which occurred with the establishment of the legal state, there is a legally established border and a demarcation line to which the elder can move when issuing specific orders to the subordinates. That limit implies that the elder can not issue orders to the subordinates. This means that in modern-established states, in which the administration is based on the pivotal principle of legality, subordination actually arises as a kind of counterbalance to the hierarchy. In accordance with the principle of subordination, when the duty of the civil servant is prescribed to perform the orders of the head of the body, as well as the orders of the immediate superior officer, it is noted that the civil servant is obliged to act upon those orders, but exclusively in accordance with the Constitution , by law or by other regulation. The fundamental dilemma that is put in front of the author of the labor and on which the focus of the scientific-research interest is placed is by determining and clarifying the essence of the principles of hierarchy and subordination, to answer the question: is the hierarchy and subordination synonyms, dichotomous categories or predestined two sides of the same medal?

ANALISIS YURIDIS PENETAPAN WALI BADAN YG NGAWAS OLEH BHP DALAM RANGKA MELINDUNGI WEWENANG KEPERDATAAN ANAK (CONTOH PUTUSAN NOMOR: 0014/PDT.P/2015/PA.MN).

2019 ◽  
Vol 1 (2) ◽  
pp. 902
Author(s):  
Rhenal Cokronegoro ◽  
Mulati .
Keyword(s):  
The State ◽  
Human Beings ◽  
Rights Of The Child ◽  
The Law ◽  
The Right ◽  
The Guardian

Children are gifts from God Almighty that we must guard and that we must protect, because children are also human beings who have rights and dignity as human beings. One of the rights of the child is the right to enjoy the wealth of his parents, including inheritance. Many children whose parents experience problems, such as divorce or one or both parents die. In order for a child to do a legal act, he needs a guardian in carrying out legal actions. Guardians here have a function to represent all children's needs in carrying out legal actions. In guardianship, there is a guardian’s overseer whose function is to oversee the guardian in terms of managing the assets of the child, in this case is the Heritage Hall. The Heritage Hall has two functions, namely as guardians of supervisors in charge of guarding guardians, as well as temporary guardians. The problem here is that the Heritage Hall is not cared for by the community, so not all guardianship verdicts use the trustees in it. whereas the Law clearly stipulates that the Heritage Hall must be the trustee in every trusteeship order ordered in the State of Indonesia.

Greek Political Heritage and Totalitarianism

1940 ◽  
Vol 2 (2) ◽  
pp. 218-225 ◽  
Author(s):  
C. J. Friedrich
Keyword(s):  
The State ◽  
Small Island ◽  
Natural Right ◽  
Law Of Nature ◽  
Classical Statement ◽  
Political Advantage ◽  
The Right ◽  
The Guardian ◽  
Sense Of Justice ◽  
Philosophical Doctrine

IN A FAMOUS dialogue between the Athenian ambassadors and the Council of the small island of Melos, Thucydides has given the classical statement of the “right” of the stronger. “The brave Milesians soon see that they cannot appeal to the Athenians' sense of justice, because the Athenians recognize no standard but their own political advantage…By making the Athenians justify the right of the stronger through the law of nature, and transform God from the guardian of justice into the pattern of all earthly authority and force, Thucydides gives the realistic policy of Athens the depth and validity of a philosophical doctrine.” The Dutch, in the days of Peter Breughel, used to say: “the big fish devour the little fish” to which Spinoza added “by natural right.” That is the doctrine of the “state,”as inherited from the Greeks. Similar situations still haunt us. Did the Russians by natural right seek to destroy Finnish independence?

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