Absolute Authority Research Articles

Kewenangan PTUN dalam Memeriksa Surat Presiden tentang RUU Cipta Kerja dan Implikasi Putusannya

For the first time, the President's Letter in the formation of law was sued by the Administrative Court. This study is intended to determine the authority of the Administrative Court in examining the President's Letter on the Job Creation Bill. The research method uses a normative juridical method using a law approach and a case approach. Based on the results of the research, it is known that the Administrative Court lacks absolute authority to investigate the Presidential Letter on the Job Creation Bill because the Presidential Letter does not meet the requirements specified in the law to qualify as the object of the TUN dispute, namely the state administrative decision (KTUN)/Beschikking. It can also be seen, that even if the decision of the Administrative Court or the court of appeal and cassation within the framework of Judicial Activism accepts and grants the lawsuit of the President's Letter regarding the Job Creation Bill, the decision cannot have direct implications for the invalidity of the validity/legitimacy of Law Number 11 of 2020 concerning Job Creation because the cancellation of the validity/legitimacy of a law is not under the authority of the Administrative Court, the PT-TUN includes the Supreme Court, but the authority of the Constitutional Court through material and formal examinations. The Job Creaton Act is still regarded as legal and binding if the Constitutional Court does not invalidate it.
 Keywords: Administratif Court; authority; examine; presidential letter.

The Requirements for Replacement of Elected Legislative Candidates for Election Based on Democratic Principles

The research method used is Normative Juridical with a form of data collection by observation and documentation. This research aims to be able to know and analyze how the application of democratic principles and legal implications in the implementation of replacement of elected legislative candidates. The results of the study showed that there are differences in interpretation of the authority in terms of replacement of prospective legislative members elected. Political parties consider themselves to have absolute authority, while based on its rules the KPU should have that authority. Regarding the legal implications of the candidates of elected legislators who are dismissed by his party of course make the elected candidates in question are not appointed as members of the legislature and also give rise to biased legal certainty. Whereas in the legal process has been found the results of a final and binding ruling from the Makassar State Administrative Court.

Structured Silence: Mental Illness Disability and Disclosure in the Workplace

Evasive, silenced, and contested, mental illness is an invisible form of disease that can create disability and is impacted by sanism in social institutions. Ascribed and prescribed, mental illness diagnoses and experiences vary based on medicalized norms. Medicalization of mental illness occurs via three main authoritative professions: psychiatry, psychology, and clinical social work. The institution of medicine holds absolute authority over what is considered “natural” and “normal” in mental health and creates stigma. Disclosure has historically been discussed as a remedy but is limited according to social identities as well as determinants of health. Disclosure of mental illness as a disability can be problematic in workplaces. Experiences of sanism, or discrimination based on perceived level of sanity, are common. Madness experiences deserve attention, in the workplace and beyond.

ANALISIS YURIDIS TERHADAP PUTUSAN ARBITRASE INTERNASIONAL YANG DIBATALKAN OLEH PENGADILAN NEGERI JAKARTA PUSAT (Studi Putusan Nomor: 631 K/ Pdt. Sus/ 2012)

Arbitration is dispute settlement outside the court which is final and binding. In an international contract, if the parties prefer to settle disputes through arbitration, arbitration institution has absolute authority to settle them. However, the implementation of arbitral decision is not effective yet, because the parties in some cases are found to be not ready to accept and respect an arbitral decision, so they submit a lawsuit to a District Court. This can be seen in the dispute between Harvey Nichols and Company Limited against Hamparan Nusantara Company and Mitra Adiperkasa Company. This is a normative juridical research with descriptive analysis. The main data consist of secondary data collected from library study and processed from primary, secondary, and tertiary legal materials. Data collection instruments used is document study, then the data obtained are analyzed qualitatively. The results demonstrate that the legal implications of the preference of law and forum approved by Harvey Nichols and Company Limited with Hamparan Nusantara Company and Mitra Adiperkasa Company is the enactment of the Substantive Law of England and Wales and the dispute settlement forum used is an arbitration forum based in London, England. Analysis of judge’s legal considerations in this case is that the South Jakarta District Court is not supposed to be authorized to verify lawsuit in this case. In addition, it is necessary to have good faith of the parties to respect the arbitration clause in the contract, so that the arbitration clause can be effective. Reconstruction of the revocation of the arbitration decision is also required because there is still a disharmony between the laws on judge’s authority in Indonesia and the laws on arbitration that there is a legal gap that can be used by parties who are not satisfied with the arbitration decision. It is suggested that business actors be aware before binding themselves in a contract because the preference of law and forum clauses be carried out according to the agreement in case of any dispute in the future. Supervision from the Supreme Court and the Judicial Commission is also necessary, so that the judges do not give decisions that deviate from positive law in Indonesia. Then, a revision of the Arbitration Law is also needed to create arbitration independence as a dispute settlement forum in Indonesia.

Christianity and the Triumph of Humor: From Dante to David Javerbaum

Christianity and the Triumph of Humor: From Dante to David Javerbaum

Alternative Histories in Youssef Ziedan's Azazeel : Historiographic Metafiction in the Contemporary Arabic Historical Novel)

Alternative Histories in Youssef Ziedan's Azazeel: Historiographic Metafiction in the Contemporary Arabic Historical Novel Drawing on Linda Hutcheon's theory, this article reads Azazeel as a historiographic metafiction. It argues that the novel not only denounces the so-called religious, or religiously-motivated, violence but also has an additional epistemological import, articulated in the novel's historiographic metafictional narrative which, in accordance with Hutcheon's theory, provides an alternative history that foregrounds the 'narrativity' of historical narratives and represents the past from a 'marginal' perspective to question the absolute authority of metanarratives, undermine monolithic notions of knowledge, and develop a balanced production and dissemination of knowledge. The article examines the novel's use of historiographic metafictional techniques which reflect its thematic content and its espousal of the postmodern ideology of diversity and plurality. The article demonstrates that, without denying its heritage, Azazeel engages with the global postmodern condition, locates the Arabic historical novel within the wider context of world historical fiction, and opens up new avenues for research on historiographic metafiction.

Deregulation of the downstream petroleum industry: An overview of the legal quandaries and proposal for improvement in Nigeria

The study investigates the necessity for deregulation of the downstream petroleum sector to tackles shortfalls and to enhance quantities of petroleum commodities in Nigeria. The objective is to boost proficiency in the industry via governance, statutory transformations and vigorous business competition by learning from other advanced countries' skills to transform and fortify the downstream oil industry laws. The study embraces a conceptual legal approach utilising existing literature to aid a doctrinal legal study technique. The research also utilizes primary and secondary founts of legislations, such as, constitutional and case laws. The finding of the research is the absolute authority of the government in the industry and incongruous valuing of oil commodities which made the industry unappealing to financiers to found private refineries that will ensure adequate supply of petroleum and reasonable profits on their investments owing to excessive regulation of the industry by the government. The study designed a model to halt continuous increment in the fuel price and to ensure efficient downstream petroleum industry. The study concludes with the recommendations, for instance, the necessity of high-tech fusion of policies and encouragements for investment in the downstream to boosts swift enactment of the awaiting Petroleum Industry Governance Bill 2017 and absolute deregulation of the industry to foster private investments and to halt subsidy disbursements being a new fountain of corruption.

‘By my absolute royal authority’: Contracts and judicial institutions; Cooperation and the nonlinear dynamics of the First Global Age, 1400-1800

Owens, J. B. (2021). ‘By my absolute royal authority: Contracts and judicial institutions; Cooperation and the nonlinear dynamics of the First Global Age, 1400-1800. Academia Letters, Article 586 (March). What I did not say. In the final manuscript

‘For the husband is the head of the wife’: A contextual re-reading of Ephesians 5:22–33 among Nigerian Yoruba Christians

For many African readers, Ephesians 5:22–24 indeed reinforces the patriarchal view of marriage in which the wife is subjugated under her husband’s rule. Hence, with specific focus on the Yoruba, this article examines Ephesians 5:22–33 with a view to assessing its relevance for Christian marital relationship in Nigeria. The target population is those Nigerian Christians who have the notion that Ephesians 5:22–24 entrenches the patriarchal view of marital relationship. The article employs the exegetical and descriptive methods. It finds that, in Ephesians 5:22–6:9, Paul borrows the pattern of the Greek household codes, but mitigates the absolute authority of the male head of the house. Instead, he likens the authority of the Christian husband over his wife to Christ’s headship over the church. As Christ gave himself up for the church, the Christian husband should place greater value on the well-being of his wife over his own well-being. Understood in this way, the passage is relevant to Nigerian Christians in several ways. In the Nigerian context, the command to wives to be submissive to their husbands means that the wife should submit to her husband as one who has authority over her. In exercising his authority, the Nigerian Christian should seek his wife’s pleasure and comfort over his own. Finally, the church should be involved in getting husbands to understand their authority in the manner of Christ’s sacrificial love.

“Whoever Takes Her Up, Gives Her 50 Good Lashes, and Deliver Her to Me”

Abstract This study establishes that women slave-owners were specifically inscribed into South Carolina’s laws on slave management from the first decades of English colonization. Mistresses were explicitly named alongside masters or incorporated into the gender-neutral rubric of owner in a common understanding that absolute ownership and authority over enslaved people was as much rooted in female mastery as male. Remarkably, neither the scholarship on women slave-owners nor the far more voluminous scholarship on American slave laws and slave management have explored, or even acknowledged, how gender influenced the formulation of American slave laws, and how mistresses, in particular, featured in the roles and duties assigned to slave-owners in the management of slaves. This study seeks to redress this by examining how South Carolina’s lawmakers incorporated women slave-owners into the colony’s slave laws, culminating with an assessment of the 1740 slave code, which marked a key turning point both in the colony’s laws governing the management of slaves and in an evolving ideology of female mastery.

The Importance of Compliance in Control Mastery Theory

ABSTRACT Compliance, according to Control Mastery Theory, is an emotional, cognitive, and behavioral response to trauma that reflects the beliefs that “you deserve what you get” and “you get what you deserve.” Patients “comply” when they 1) believe their distorted pathogenic beliefs are true, 2) act as if these beliefs were true, 3) reenact in present relationships traumatic, pathological interactions experienced earlier in childhood, and 4) tend to protect parents by justifying their hurtful behavior. Compliance results from the fact that children tend to believe parents as absolute authorities. Because of family loyalty and a wish to protect parents, children may assume the worst about themselves in dysfunctional families. Then they may act in ways that make their negative self-image true, consistent with the notion of a “self-fulfilling prophecy”. Based on these deeply embedded negative self-images and self-destructive roles, children may repeat these patterns long into adult life. Along with “pathological identifications”, the concept of “compliance” helps clinicians understand the origins of many self-destructive behaviors and why patients are so loathe to relinquish them. Clinical examples will illustrate the usefulness of understanding the role of compliance as well as treatment techniques.

Особенности таинственного незримого мира суфизма

The article is devoted to the reflection of the theme of dreams in Sufi writings, mainly manakibs (Lives of Saints), relating to the Middle-Age Transoxiana. Sufism is the earliest form of the spread of the Islamic faith in the world. Sufism has absorbed both some elements of the Qur'anic teachings, and many popular beliefs associated with the belief in supernatural forces. Sufis are people who dedicated their lives to the knowledge of God through various spiritual practices, one of which is, for example, the interpretation of dreams. In these dreams there are various images that are interpreted as flukes of providence, for example, appearing Saint Khidr (or Khoja Khizr) in a dream, who is considered as absolute authority and patron of the Sufis, and who is the bearer of the moral principle; he supports and guides people on the path of virtue. On the opposite side there is the genies community, which is “hostile” towards the Sufi community. Moreover, many Sufi authorities interpreted their presence in dreams or in reality as “good” or “bad” omens. Constant presence of such theme in Muslim hagiographic writings reflects the complex and specific worldview of Sufism. Some historical and Muslim hagiographic works (manakibs) of the late Medieval Transoxiana became the source base of our work. They contain numerous hagiographic episodes that tell us of such unusual phenomena in the life of Sufis. The subject of this article is the study of the dreaming spiritual practice of the Sufis. The purpose of the research is to study the phenomenon of dreams and its significance in Sufism, to consider the place and meaning of such an important hagiographic character as Khoja Khizra and such creatures as jinn in the Sufi’s worldview. The novelty of this work lies in the introduction of new information contained in the Lives of Muslim Saints of Transoxiana in the 16th century.

A Study of the Poetic Foundations of Three Prominent Contemporary Poets Mehdi Akhavan Sales, Ahmad Shamloo and Hamid Mossadegh with an Approach to European Literature

Literary schools in the West are influenced by the social and political conditions prevailing in those societies; This means that each school in line with the political and social developments of its time has undergone structural and content changes and gives way to a school with a different perspective. In the second half of the sixteenth century, medieval civilization collapsed and underwent many social, political, and religious changes. The group of many high-ranking landowners and feudal lords who had been forced to pay large sums of money as a result of the successive defeats of France in the Hundred Years' War were gradually forced to sell their lands and properties with all legal rights. The tribal kings belonged to it. This caused the landowners to lose their influence and power, and the government to change from a form of sectarian monarchy to an absolute monarchy. The king, like the ancient Romans, was considered to have absolute authority in the administration of the affairs of the country, and the lords of all lands served the king. By order of the Shah, ministries, the army, the Court of Accounts and the judiciary were formed; The bourgeoisie, meanwhile, entered government positions because of the prosperity of the commercial and industrial market, the wealthy and influential. Other important events, such as new inventions, new naval discoveries, as well as wars known as the Italian Wars, all went hand in hand and completely changed the way of life and the situation of French society. With the advent of Luther and Calvin and fundamental religious reforms, popular belief in the teachings of the clergy waned, and since then Christianity has been limited to a set of rites and ceremonies held by Catholic priests. In addition, Christian theologians gradually found themselves without the need for direct reference to Christian scriptures and recklessly discussed religious issues. On the other hand, in literary works, the desire for great ideas disappeared and literature, which was based on spiritual favors, became frozen. Religious plays lost their religious and heavenly appeal and took on the color of hypocrisy and trade; In this way, almost all the systems and laws that ruled France for centuries were questioned at the beginning of this century, and fundamental changes took place in Europe at that time; But it was not long before the great scientific and maritime discoveries showed him the power of human thought and greatness, and showed him that human endeavors must expand without borders, and that in a world full of contradictions and contradictions, he is free to go his own way. Choose. From then on, people liked what they thought was beautiful and charming; Therefore, not only the manifestations of the world of sensations and the world of nature were in the center of attention, but also the literary works of ancient writers and poets, especially ancient Greece, were doubly valued by them. This gradually led to the formation of a new attitude.

Is the Basic Norm Democratic?

It has been repeatedly asserted that Hans Kelsen’s theory of the basic norm is isolated from his democratic theory. Accordingly, it is widely accepted that the basic norm is neutral or even indifferent to democracy. Against this background, this article tries to explore Kelsen’s understanding of the basic norm in light of his democratic theory so as to show that the presupposition of the basic norm is closely related to the idea of democracy. As is argued in this article, as a functional surrogate of the classic constituent power, the basic norm serves to overcome the myth that the validity of a democratic constitution must be justified through referring to a real-psychological will, especially to the will of the people. In this way, the basic norm contributes to the realization of a worldview that is characteristic of relativism and objectivism. Moreover, the democratic significance of the basic norm also lies in the fact that, unlike the traditional theory of the constituent power, Kelsen’s legal theory construes the basic norm as a fiction in the sense of Hans Vaihinger’s. Precisely with its fictive character, the basic norm makes clear that, for a well-functioning democracy, what is crucial is not to refer to the will of the people as an absolute and unchallengeable authority, but rather to focus on the lawmaking process itself and thereby to ensure the possibility of compromise between people with conflicting interests. Viewed this way, the basic norm is democracy-oriented particularly because it contributes to the multiple realization of individual freedom.

Hegel, revolution, and the rule of law

Georg Wilhelm Friedrich Hegel was one of the philosophic giants of the nineteenth century. Well versed in both ancient and more recent philosophical tracts, he rejected the individualism of Hobbes and Locke, as well as their notion that the state was an agency set up in the first place to protect life and property, and, drawing inspiration from Aristotle, outlined a vision of the state as an agency bound, in the first place, to protect the weak and the powerless. Hegel further rejected Kant’s individualistic ethics and counseled that ethical behavior had to be understood as taking place in a social context, with real duties toward other people. For Hegel, an individual had rights and duties within the context of the family, in the community, and, as a citizen, vis-à-vis the state. He emphasized the network of duties in which each individual finds himself, urging political moderation and concern for the good of the entire community. He has been condemned as a proto-totalitarian, lauded as a democrat of sorts, and described variously as liberal, anti-liberal, authoritarian, conservative-monarchist, and constitutionalist. This essay will argue that Hegel came to champion a constitutional-legal order (Rechtsstaat) under an autocratic monarch, with protection for liberal values. The absolute authority of the monarch, thus, was limited to those powers which he needed in order to advance and protect the interests of the citizens of the realm.

CRIMINAL LAW CONSIDERATIONS (Ratio Decidendi)

Judicial practice in Indonesia, judging from the decisions of criminal cases, generally judges give legal considerations only to prove the elements of a criminal offense. In contrast, the determination of the crime is not objectively considered, and most are merely considerations of incriminating and mitigating matters. On the other hand, the judge has absolute authority in imposing a crime; the judge's freedom is guaranteed by law. The supreme power of judges who are used freely without objective measures has the potential to produce corrupt decisions and injustices. Criminal objectives must be aligned with legal goals, namely to realize penalties that guarantee legal certainty, justice, and expediency. Ideally, good sentences reflect the three purposes of the law.

The Problematic Issue of Sharia Court’s Absolute Authority under Indonesia Judicial System

The amendment of the Sharia Court position within the Indonesia’s public court jurisdiction is contained in Article 27 of Law Number 48 of 2009 concerning Judicial Powers where the existence of the Sharia Court is no longer stated to be included in the scope of the special court within this law. The amendment set different tone from what is contained in Law No. 4 of 2004 which in the elucidation of Article 15 states that, the Sharia Court is part of a special court. The problematic issue of Sharia Court’s absolute authority in Aceh province under Indonesia judicial system is also the main study discussed in this article. At the end of the article, suggestions for improvement are also presented in order to strengthen the position of the Sharia Court in Indonesia judicial system.

Pemindahan Ibu Kota Indonesia dan Kekuasaan Presiden dalam Perspektif Konstitusi

In 16 August 2019, the President of Republic of Indonesia gave speech on an idea of the translocation of the Indonesian capital city. The new capital city has also already decided by the President. The decision is made before the legal analysis including the legal basis of the decision to have new capital city. This paper will discuss the concept of the capital city from general- legal perspective to comparative perspective. This paper also discuss on how the concept of capital city is developed in Indonesia from the historical constitutional perspective. It will also analyze the presidential authority on the idea of proposing and deciding the translocation of the capital city. The argument in this paper is written as a legal argument by having perspective on the doctrinal-legal approach. It will use conceptual approach, legal and statutes approach and constitutional history approach. This paper ends up with the conclusion that the concept of the Indonesian capital city is different from the concept of the capital city in other countries, such as the Netherlands and Malaysia. In both countries, the concept of capital city is separated from the concept of government city, which is as the city center for governmental affairs. Besides, it is concluded that based on the Indonesian Constitution, the President of Republic of Indonesia has no absolute authority on the issue of translocation of the capital city. The President of Republic of Indonesia may have the power to propose the translocation of the capital city but there shall be further process of joint discussion and joint approval by the President and the DPR.

BATAS PERSINGGUNGAN KEWENANGAN MENGADILI SENGKETA HAK MILIK ANTARA PENGADILAN AGAMA DENGAN PENGADILAN NEGERI

This research aims to examine the scope of the authority of the Religious Court in prosecuting a case and to review the limits of the tangent of authority in adjudicating property disputes between the Religious Court and the District Court. This research is normative juridical with primary, secondary and tertiary legal sources. The results showed that the scope of the authority of the Religious Court in prosecuting certain cases is to examine, break, and resolve cases in the first level between people who are Muslims in the field of marriage, heirs, wills, grants, endowfafs, zakat, infaq shadaqah and sharia economics. While the limit of the tangent of authority in adjudicating a property dispute between the Religious Court and the District Court is determined by the filing of a dispute to the Religious Court then must meet three conditions that the subject of the dispute law must be muslim, the object of the dispute raised is the same as the object of the dispute which becomes the absolute authority of the Religious Judiciary as well as the dispute of property rights with the dispute that becomes the absolute competence of the Religious Judiciary has interconnected legal consequences

"Absolute Power and Authority"

This essay offers a detailed textual study of the Fundamental Constitutions of Carolina in light of its history of extensive revisions. In due course, it considers Locke’s considerable secretarial presence and, more guardedly, his authorial presence in these revisions. The Fundamental Constitutions imagined an aristocratic republic in a colonial setting; and its fundamental ideology was one of proprietary absolutism. Its ever-changing articles on absolute power, slavery, and religion are of greatest interest. Important in themselves, they also invite inquiry into their points of contact with Locke’s political theory.