scholarly journals The Tenure Arrangement Of Primary Constitutional Organ Leaders In Indonesian Constitutional System

2016 ◽  
Vol 2 (1) ◽  
pp. 029
Author(s):  
Bayu Dwi Anggono
Keyword(s):  
Legal Order ◽  
Legal Certainty ◽  
Political Equality ◽  
Leadership Tenure ◽  
Democratic State ◽  
The Law ◽  
Constitutional System

The tenure arrangement of primary constitutional organ leaders is required as the implementation of power limitation principle and the manifestation of political equality principle as the characteristic of democratic state. The tenure arrangements of primary constitutional organ leaders in Indonesia have four models: tenure arrangement through the 1945 Constitution, tenure arrangement through Law, tenure arrangement which is not regulated by law but regulated  in the constitutional organs’ internal regulation, and tenure arrangement which is not regulated by law as well as internal regulation. The problem in this paper is: First, how is the arrangement of leadership tenure in the  constitutional organs according to the Indonesian legislation system. Second, how to adjust the arrangement of constitutional organ leader in order to provide legal certainty and prevent conflict that can disrupt organs’ performance. The arrangement through the Constitution is the most powerful model in term of legal certainty regarding that the Constitution is in the highest national legal order and materials related to the structure and organization of primary constitutional organs constitute the Constitution’s substance. The model not regulated in law but regulated in internal regulation prone to cause conflict because every member of the constitutional organs which meets the requirements may change the internal regulation at any time. To avoid this conflict, this paper concludes that it requires the change of regulation regulating the tenure of constitutional organ leaders so that it is no longer regulated in the constitutional organs’ internal regulations, but it is set  in the 1945 Constitution or at least in the Law in order to have a better legal certainty.

POLEMIK DI SEPUTAR HUKUM ISBAT NIKAH DALAM SISTEM HUKUM PERKAWINAN INDONESIA

2017 ◽  
Vol 11 (2) ◽  
pp. 233-246
Author(s):  
Ramdani Wahyu Sururie
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Legal Protection ◽  
Legal Order ◽  
Legal Certainty ◽  
Marriage Law ◽  
The Law ◽  
Religious Courts

"Isbat nikah" is the verification of a marriage. Juridically, marriage verification is regulated under the laws such as Law No. 1 of 1974 on Marriage, Law Number 7 of 1989 on Religious Courts, and Law No. 3 of 2006 and Law Number 50 of 2009 on Changes in the Religious Courts Act. The regulations stipulate that marriage verification is allowed for marriage performed before the Law Number 1 of 1974. In practice, marriage verification submitted to the Religious Court is done after the enactment of Law Number 1 of 1974. The acceptance of "marriage verification" by the Religious Court for the marriage taken place after the 1974 Marriage Law was based on the Compilation of Islamic Law (KHI), whereas KHI's legal status is not included in the Indonesian legal order. The essence of marriage verification is a legal determination. This means that a verified marriage remains valid because the marriage that is verified is merely on administrative reason. The position of marriage verification is a part of giving legal protection and legal certainty. The position of the KHI, which regulates in more detail the marriage verification, functions regulatively in the midst of a vacuum of religious judicial law. In addition, the judge may decide whether to grant or deny the application of marriage verification. Thus, it can be concluded that the nature of marriage verification is a part of legal discretion.

Polemik di Seputar Hukum Isbat Nikah dalam Sistem Hukum Perkawinan Indonesia

2017 ◽  
Vol 11 (2) ◽  
pp. 233-246
Author(s):  
Ramdani Wahyu Sururie
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Legal Protection ◽  
Legal Order ◽  
Legal Certainty ◽  
Marriage Law ◽  
The Law ◽  
Religious Courts

"Isbat nikah" is the verification of a marriage. Juridically, marriage verification is regulated under the laws such as Law No. 1 of 1974 on Marriage, Law Number 7 of 1989 on Religious Courts, and Law No. 3 of 2006 and Law Number 50 of 2009 on Changes in the Religious Courts Act. The regulations stipulate that marriage verification is allowed for marriage performed before the Law Number 1 of 1974. In practice, marriage verification submitted to the Religious Court is done after the enactment of Law Number 1 of 1974. The acceptance of "marriage verification" by the Religious Court for the marriage taken place after the 1974 Marriage Law was based on the Compilation of Islamic Law (KHI), whereas KHI's legal status is not included in the Indonesian legal order. The essence of marriage verification is a legal determination. This means that a verified marriage remains valid because the marriage that is verified is merely on administrative reason. The position of marriage verification is a part of giving legal protection and legal certainty. The position of the KHI, which regulates in more detail the marriage verification, functions regulatively in the midst of a vacuum of religious judicial law. In addition, the judge may decide whether to grant or deny the application of marriage verification. Thus, it can be concluded that the nature of marriage verification is a part of legal discretion.

scholarly journals Politik Hukum Pengujian Peraturan Perundang-Undangan dalam Penyelenggaraan Negara

2016 ◽  
Vol 13 (1) ◽  
pp. 124
Author(s):  
Anna Triningsih
Keyword(s):  
The State ◽  
Checks And Balances ◽  
State Institutions ◽  
Political Dynamics ◽  
Democratic State ◽  
State Administration ◽  
State And Society ◽  
System Review ◽  
The Law ◽  
Constitutional System

Legislation or commonly called the law is a  political  product.  Politics  is  a field in the society which relate to public goals, and the law as one of the fields in society is always linked to the goals of society. Because of being associated with these objectives, the law has its own dynamics side. In its socio-political dynamics there is always a message that wants to be heard, known, understood, and then executed by the addressee, which is the organizer of state power, political power holders. In the perspective of constitutional law that  message  then  becomes  a  goal in organizing the state and then organized into a political structure as the procedures in the administration of the state in order to reach the goal of the state. The meaning of a more democratic state administration and based on law as a goal in the amendment of the 1945 Constitution was to provide a constitutional basis, (i) equal relationship between state and society based on rights and obligations in reciprocal nature; (ii) the equal relationship between state institutions based on checks and balances system; (iii) strengthening the independence and impartiality of judicial authority to guard the running of the legal and constitutional system. Review of egal products in state administration through judicial mechanism aims to provide a guarantee for the implementation of these relationships and the running of the legal and constitutional system in accordance with the 1945 Constitution.

new laws in the order of formation of the federation council of the federal assembly of the Russian Federation

2021 ◽  
Vol 7 (Extra-C) ◽  
pp. 125-130
Author(s):  
Gyulnaz Eldarovna Adygezalova ◽  
Olga Andreevna Kovtun ◽  
Natalia Dmitrievna Tereshchenko ◽  
Ruslan Mukharbekovich Dzidzoev ◽  
Irina Valerievna Shapiro
Keyword(s):  
Russian Federation ◽  
Legal Aspects ◽  
Public Authority ◽  
Legal Basis ◽  
Legal Documents ◽  
Democratic State ◽  
The Russian Federation ◽  
The Law ◽  
Constitutional System ◽  
Political Realities

The purpose of this work is to study the constitutional and legal basis for the formation of the Upper House of the Federal Parliament in connection with the adoption of the Law of the Russian Federation on the Amendment to the Constitution of the Russian Federation of March 14, 2020, No. 1-FKZ "On Improving the Regulation of Certain Aspects of the Organisation and Functioning of Public Authority". Thus, the method of analyzing legal documents allowed concluding the gradual legal consolidation of the order of formation of the Federation Council of the Federal Assembly of the Russian Federation in the conditions of building a legal democratic state. Having studied the theoretical and legal aspects of the formation of the Federation Council, the authors note that the current order reflects the socio-political realities, corresponds to the foundations of the constitutional system, and allows for a more complete reflection of the constitutional foundations of democracy, popular representation, and the principles of parliamentarism.

scholarly journals Hegel’s Antigone: The Birth of the Constitution from the Spirit of Tragedy

ICL Journal ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Paul Gragl
Keyword(s):  
Legal Status ◽  
Mutual Recognition ◽  
Legal Order ◽  
Phenomenology Of Spirit ◽  
Constitutional Order ◽  
The Arts ◽  
Self Actualization ◽  
The Law ◽  
Constitutional System ◽  
Tragic Conflict

Abstract Sophocles’ Antigone has been studied intensely for more than two thousand years, but it was especially Hegel’s allegorical use of this tragedy in several of his works (first and foremost the Phenomenology of Spirit) that added yet another fascinating facet to its possible reading: the birth of the legal order and therewith a constitutional system from the conflict between two normative orders. In this contribution, I interpret the dialectic structure of Antigone in a manner in which each normative position – both Antigone’s and Creon’s – are equally justified and thereby antithetic in the ethical world of the Greek polis. It is therefore only by transcending this tragic conflict between the human and the divine orders that we can transform necessary externalities (‘fate’) into a process of a legal status which eventually allows individuals to become the authors of the law itself and thus to guarantee their freedom. I denote this reading of Hegel’s Antigone as ‘symmetrical’, since it accepts both positions – Antigone’s divine law and Creon’s human law – as equal and makes freedom and justice only possible through the law. This means that an ‘asymmetrical’ reading, giving prevalence to either position (for instance, found in Goethe or Habermas) and localizing freedom and justice beyond the law, can never effectively result in a legal status that would allow individual persons to become legal persons.My principal argument consequently is that only a symmetrical view of this normative conflict can justifiably be regarded as making a constitutional order possible in the first place. It is feasible only in a dynamic-genealogical fashion (ie, by constantly generating this order through conflict and the transcending of this conflict through mutual recognition) that concurrently also respects individuals as particular individuals, not just as formal equals among equals, by allowing them to realize their personalities and to find themselves through the arts, science, and philosophy. This is more than a merely formal or negative constitution which recognizes every person as equal and free, but disregards their particularities; this is a material and positive constitution that can guarantee both equality and self-actualization. Such a constitutional order guarantees an identity of universal laws and individuality, and accordingly offers individuals a solution to the conflicting ethical orders of the ancient polis in which they would otherwise remain trapped.

Pengatuan Hukum Terhadap Narkotika Jenis-Jenis Baru yang Belum Terdaftar

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Rizky Maulana Hakim
Keyword(s):  
Hazardous Materials ◽  
Legal Certainty ◽  
Next Generation ◽  
The Law

We realize that in the community, it is still close to the night world which can plunge the nation's next generation, through drinking, gambling, and especially Narcotics. There are many rules related to this problem, it is still possible that the minimum knowledge of the community is what causes users to become victims of the rigors of using drugs.In discussing this paper, we will take and discuss the theme of "Legal Certainty and Role of Laws on Narcotics (Narcotics and Drugs / Hazardous Materials) by Users and Distributors." The purpose of accepting this paper is, first, to be agreed by the reader which can be understood about the dangers that need to be discussed regarding the subjectivity of the drug itself; secondly, asking the reader to get a clue about actually addressing the urgency about the distribution of drugs; round, which is about knowing what the rules of the law and also the awareness in the surrounding community.Keywords: Narcotics, Role of Laws, Problem, Minimum Knowledge, awareness

The Law of Contract

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Common Law ◽  
World Market ◽  
Contract Law ◽  
The State ◽  
Legal Certainty ◽  
Philosophical Foundations ◽  
The Common ◽  
The Law

This chapter examines the law of contract in France and discusses the milestone reform of French contract law. While this new legislation introduces a fresh equilibrium between the contracting parties and enhances accessibility and legal certainty in contract, it does not radically change the state of the law in this area. In addition, it does not strongly impact the traditional philosophical foundations of the law of contract. The reform, in short, looks more like a tidying up operation rather than a far-reaching transformation of the law. Therefore, the chapter argues that it is questionable whether the new law, which was also intended to increase France's attractiveness against the background of a world market dominated by the Common Law, will keep its promise.

Perlindungan Hukum Harta Bawaan Debitur Pasca Perceraian

2021 ◽  
Vol 1 (1) ◽  
pp. 68-77
Author(s):  
Puspa Fitriyah
Keyword(s):  
Legal Protection ◽  
Legal Liability ◽  
Legal Certainty ◽  
Citizenship Status ◽  
Credit Guarantees ◽  
Personal Status ◽  
The Will ◽  
The Law ◽  
Joint Property ◽  
Husband And Wife

The problem of debt is included in the field of personal status, where marriages are carried out between spouses, which as a result of the law of debt become a burden to be borne together from marriage agreements between citizens, especially related to the distribution of joint assets. How is the legal liability of debtors to creditors in the final period of marriage? and How is the legal protection for the debtor's innate property? Regarding the marriage agreement, it is regulated in Article 29 of Law Number 1 of 1974 concerning Marriage. This is because of the agreement made between the husband and wife both regarding joint property after marriage and the child's guardianship rights as well as the citizenship status of the child and each party. The method used in this research is normative juridical and empirical juridical research which is analyzed using legal certainty theory and legal liability theory. From the results of the research. Events that often occur in the field of debt, debt repayments that must be paid by the debtor are often not as agreed. In the legal certainty of customer credit guarantees on objects of land and building mortgages, there is a decrease in the appraisal value by the bank, but the binding of credit guarantees with mortgages is carried out if a customer or debtor obtains credit facilities from the bank. Divorce is an abolition of marriage accompanied by a judge's decision. or at the will of one of the parties, both husband and wife, through the submission of a claim by one of the parties to the marriage. Keywords: Legal Liability, Debt, Creditors, Wife.

Right to Promotion: Legal Certainty and Discretion of the Employer’s Representative

2021 ◽  
pp. 422-433
Author(s):  
M.V. Presnyakov
Keyword(s):  
Public Service ◽  
Civil Service ◽  
Civil Servant ◽  
Equal Access ◽  
Legal Certainty ◽  
The Law ◽  
The Right ◽  
Exhaustive List

Public Civil Service Act to establish such a mechanism for the exercise of the right to growth. This law provides for a competitive procedure for the replacement of all posts, including in the order of post growth, and at the same time establishes the principle of forming a personnel reserve on a competitive basis. In addition, the law contains an exhaustive list of exceptions to the competitive procedure for the placement of posts, one of which is the appointment of a civil servant in the personnel reserve. This is justified, since the personnel reserve itself is formed on a competitive basis. However, the law provides for the possibility of enrolling a civil servant in the personnel reserve based on the results of certification, which, in our opinion, does not comply with the principle of legal certainty, does not fully realize the right of equal access to public service, and also does not ensure the filling of posts according to the principle of competence. However, the potential of this law is not fully realized, as it contains a number of uncertain provisions that overextend the discretion of the employer's representative.

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