Freedom For Everyone Research Articles

The Existence of Marriage Post The Constitutional Court Decision: As A Right or A Prerequisite?

The practice of marriage is always closely related to the arrangements in religious law and state law. This research aims to answer two legal issues, namely the existence of marriage after the Constitutional Court Decision No. 24/PUU-XX/2022 and the implications of the Constitutional Court Decision No. 24/PUU-XX/2022 in the aspects of Islamic law and national law. This research is a normative legal research with case, conceptual, and legislative approaches. The findings of this research confirm that the existence of marriage after the Constitutional Court Decision No. 24/PUU-XX/2022 is not only seen as a human right as a freedom for everyone to enter into marriage. But it must be based on the values of religious law as a representation of the legality of marriage by the state. The orientation of the Constitutional Court Decision is important because KHI and the Marriage Law have the same perspective in viewing marriage as a prerequisite and not as a right. The practical contribution of this research is related to ideal legal policy, namely the need for affirmation and formulation in Indonesian legislation that marriages that do not aim to form families and are oriented towards continuing offspring are invalid in accordance with the aspects of maslahat mursalah and the Indonesian legal system.

Embracing Complexity and the Need for Inclusive Belongings

ABSTRACT It is an acutely tragic time for many Jewish people who have for decades shared Eyal Rozmarin’s commitment to working for peace in Israel/Palestine. Rozmarin importantly emphasizes the many ties that bind people, often unconsciously, to collectivities, especially the ways in which nation states, or birthplaces, provide identity narratives that unite, or sometimes, discomfort, us. However, it is not so uncommon for people to have fractured belongings, as life experiences complicate our ties to past identifications and attachments. In this essay I discuss the historic complexity of Jewish ties to Israel, including my own. I note that Jewish criticisms of Israel’s dispossession of Palestinians, which have always existed from well before the creation of the state of Israel, are continually dismissed by allowing only one narrative to be addressed, that of political Zionism. All other attempts to criticize Israel’s refusal to contemplate justice for native Palestinians is spuriously undermined as antisemitism. Yet today, more Jewish people are joining with others who are not only currently devastated by Israel’s genocidal aggression in Gaza, but also demanding equal rights and freedom for everyone now residing in Israel/Palestine.

Русский анархизм о социологической теории прогресса

The article examines the views of Russian anarchist sociology representatives – M.A. Bakunin, P.A. Kropotkin, and P.N. Tkachev – on the problem of progress. In the light of the unfolding discourse on national ideology and sovereignty of Russian social sciences in the history of Russian sociological thought, the study of the discussion of progress in the sociology of the pre-Soviet period remains relevant. It is emphasized that anarchist theories of progress are based on an evolutionist approach to the understanding of the historical process, and social progress is interpreted linearly. As the main criterion and ideal of progressive development, the individual free-dom of everyone is singled out, the consequence of which is the freedom of the whole society. The mechanism of progress includes the interaction of objective (natural and social) factors and creative activity of people. The way to achieve the ideal of progress is proclaimed to be social revolution, understood by the authors in a large-ly voluntaristic way.

Kantian views on law and morality as components of the rule of law

It is indicated that in his teaching, the thinker, based on ethics (the science of morality), revealed questions about the nature and essence of the individual and tried to combine them with the legal foundations of the individual's existence (and such legal bases, in our opinion, can be the supremacy of law). It is emphasized that, according to the thinker, an individual should evaluate his decisions and actions through the recognition of the freedom and self-worth of each person. I. Kant proclaimed that a person should act in such a way that he treats humanity both in his own person and in the person of another person as an end, not as a means. It is noted that, according to I. Kant, a person should act outwardly in such a way that the free manifestation of his arbitrariness (free will) is compatible with the freedom of everyone, which is commensurate with the general law, and general laws, in turn, find their basis in natural law.And following the method of logic, we understand that general laws lie in the plane of positive law (established by this or that state? And not always with a democratic regime), which must rely on the laws of natural law (which, in turn, also includes knowledge about morality)/It is indicated that I. Kant considered respect for the rights of other people to be the highest among the duties of an individual. In his writings, the thinker developed the special humanistic potential of theories of natural law, and therefore we are talking about the foundations of natural law - the rule of law, through such a category as morality, which we consider a constituent part of the rule of law.The ontological-theological approach to clarifying the essence of law, which I. Kant advocated from the standpoint of metaphysics, was primarily connected with man as a rational being, with the recognition of his will (free will).
 The mental aspect in the study of law, in the use of legal concepts during life circumstances by various persons (and citizens, and officials, and the state in particular) contributes to the natural implementation of the ideas of law and the rule of law into legal reality, which in turn contributes to the effective regulation of social relations.

The study of freedom of expression in Islamic teachings with an emphasis on Nahj al-Balagha

Freedom of expression is one of the issues of concern to human societies in the contemporary world, because this issue is one of the most important basic rights of people in societies due to its special nature, and on the other hand, it is always in conflict with the authoritarian point of view. Islam accepts freedom of expression for everyone in the Islamic society, but it has specified limits and regulations for it. These restrictions and conditions, more than cumbersome and intolerable regulations, are instructions for better use of freedom, which if not followed, not only the freedom of everyone in the society will not be realized, but also the category it will become anti-value and create cultural chaos. Imam Ali (peace be upon him), during his rule period, not only did not limit the freedom of expression, but also emphasized the expansion of this freedom. Based on Islam, since man is a free being, the privacy of his freedom must always be preserved; Therefore, freedom is the natural right of every human being and cannot be taken away from him. The practical life of Imam Ali (PBUH) and his advice to his agents in caring for freedom of expression in society and politics, bring its importance to the fore. Considering the importance of this issue, the purpose of this research is to study freedom of expression in Islamic teachings with emphasis on Nahj al-Balagha. Based on this, the related themes to freedom of expression have been extracted and explained from the point of view of Nahj al-Balagha, and conclusions have been presented in this regard.Contribution: This research showed that in the Islamic system, all citizens have the right to freedom of speech in ideological, political and social issues (according to the limits set by Islamic teachings and prevent the violation of Islamic values and other human values). These points are emphasized in Islamic teachings, especially in Nahj al-Balagha.

Konsep Bela Negara dalam Perspektif Islam dan Kristen Protestan

The background of this research is that the authors are interested in conducting further research related to the Concept of State Defense in an Islamic and Christian Perspective because they want to know more about the concepts of the Koran and the Bible regarding state defense and how Islam and Christianity respond to state defense. Therefore, the author conducted a study entitled: "The Concept of State Defense in the Perspective of Islam and Protestant Christianity". The type of research that the authors conducted was library research, namely survey techniques used to collect data and information from various types of materials such as books, newspapers, magazines, journals, theses related to the discussion of this research, and several other works related to researcher this Tian. While the presentation of the data is qualitative. The results of the research findings that have been carried out can be stated as follows: State defense in an Islamic perspective is in Islam, jihad aims to defend, maintain, and also elevate the religion of Allah (Islam). Islam permits jihad or defending the country as long as it is not with war. Where to reject tyranny, to respect places of worship, to guarantee the independence of the homeland, eliminate slander, and guarantee the freedom of everyone to embrace their respective religions. Protestant Christianity explains that the participation of Protestant Christians in defending the country in life, nation and state should always try to make a contribution to the state. Defending the country is synonymous with the values contained as a mandatory action for every citizen. For Islam peace and if the country is good depends on the actions of their people, and always as a guide is the Al-Qur'an and Hadith to make the country better. The Qur'an also explains obeying Allah SWT, Rasulullah and ulil amri according to Allah's teachings. Meanwhile, in the Protestant Christian concept of defending the country that they think that the country is God, the formation of the country is from God, if they submit to the state then submit to God.

Third Abstraction: Motives and techniques

When we look at an image/picture, and make it impossible to recognize anything specific from it, which means that this image/picture itself has no associations with any existing thing either in the real world or in the imaginary one, and if this image/picture can still generate under these circumstances meanings and effects, then this is what I mean by the Third Type of Abstraction. The method I use is actually to keep removing all the elements of the image/picture that may lead to fantasies or associations with concrete things and make it stay in a suspended, uncertain and free status. In this way, the freedom of everyone who looks at an image/picture can be provoked out of an uncontrolled state.

Challenged Universality – Kant and a Citoyenne between Stage and Scaffold

The universality of human rights faces the fundamental problem of the nationalized basis of their constitutionalization. Much can be said about the historical struggles to integrate females in the “all men” formulas, but what are the crucial lines of conflict? Historical answers may be found in the Kantian rightful republicanism (rechtlicher Republikanismus), denoting the legitimacy of state political structures by consistency with everyone’s freedom in accordance with universal law. “Rightful” is more precise than “legal”. Kant’s fundamental concept of right – derived from the categorical imperative among equal and free human beings – was “the possibility of [directly] connecting universal reciprocal coercion with the freedom of everyone” (Metaphysik der Sitten, Introduction, § E, 339). Of course, this paper is not so naive to transform Kant into a feminist voice; it draws the attention to the fundamental aspect of constitutional history, how to explain the relationship between the freedom of the individual and the formation of states.

The Essence of Law Enforcement on Election Violations in Indonesia

General election is one of the manifestations of democracy. However, in its implementation there are various violations that tarnish democratic values. This research is an empirical juridical research with the object of research in the form of institutions related to the implementation of elections. The results of the study indicate that the nature of election law enforcement in resolving election violations in Indonesia has the meaning of providing equal opportunities and rights to the broadest basic freedoms, as wide as the same freedom for everyone so as to be able to reorganize the social and economic law gap in the midst of this phenomenon. Democracy. In addition, it can also maintain the dignity of democracy by providing protection to citizens in every election and regional election so that the principles of general election administration can be realized, namely Honest and Fair, Direct, General, Free and Confidential. Keywords: Regional Head Elections, Election Violations, Law Enforcement DOI: 10.7176/JLPG/122-04 Publication date: July 31 st 2022

СОБЛЮДЕНИЕ СЛУЖЕБНОЙ ТАЙНЫ - КОНСТИТУЦИОННАЯ ОБЯЗАННОСТЬ КАЖДОГО ДОЛЖНОСТНОГО ЛИЦА ГОСУДАРСТВА

This article analyzes the provisions of the Russian legislation regulating the restrictions of the constitutional right to information. It is shown that access to information is not personal, but of a state-civil nature, and therefore, while respecting the freedom of everyone to meet their information needs, it is necessary to observe the equality of subjects, ensuring an objective right to access information. This is impossible without the legislative consolidation of the duty of every state official to observe official secrets. In this connection, the author's definition of this legal institution is proposed, and the information regulated by this legal regime is indicated. Two new types of official secrets are also proposed: official civil secrets and official municipal secrets, which define the norms in which it is advisable to include these concepts. In this regard, it is necessary to make changes in the conceptual apparatus of federal laws regulating civil and municipal services.

Teleculture

In the midst of its massive use of smartphones by almost all modern people, television remains present in their daily lifes, filling their free time with various information and entertainment. Although television is no longer the only thing that dominates modern people, the role played by television remains large and even still influences the habits and culture of modern people. This research is a library research that aims to find the influence and impact caused by television on modern people by using the perspective of technology philosophy and human philosophy. Based on the research that has been done, television is proven to still have a very large impact on modern people, on their character, behavior and even on their existence, positively and negatively. The dominance of television in shaping the character of the younger generation still seems very large. This is evident in the lifestyle of modern society that is so easy to imitate the style of artists or public figures who often appear on television and get strong branding. This can have a positive or negative effect, depending on which side is followed from the behavior of a public figure. But the more important thing is the freedom for everyone to be himself, to be authentic, and not just follow the flow desired by a television program producer.

LEGITIMATION OF THE SURROGATE MOTHER AGREEMENT ON HUMAN RIGHTS PERSPECTIVE

<p><em>Surrogate Mother is a method used by infertility couples to have offspring who still have a genetic relationship. This method is usually carried out by married couples who cannot have offspring through the IVF method. The implementation of Surrogate Mother is generally based on agreement. This agreement is an agreement that grows and develops in the community so that it is not yet known in the Penal Code. So this agreement is included in the new innominaat agreement. In Indonesia, until now there has been no legal umbrella related to Surrogate Mother. The existence of this agreement is inseparable from the principle of freedom of contract which gives freedom for everyone to make any agreement and with anyone. With the Surrogate Mother agreement, the right to continue descendants which are human rights (civil and political rights) which cannot be reduced under any circumstances can be fulfilled. In the implementation of Surrogate Mother, we also pay attention to certain restrictions as regulated in IVF regulation, including those conducted by a legitimate married couple and in a state of infertility. Therefore, the type of Surrogate Mother that can be done is Gestational Surrogate or Intrafamillie Surrogate by implanting the results of fertilization of a legitimate husband and wife into the womb of a Surrogate Mother</em>.</p>

URGENSI PEMBATASAN PRINSIP KEBEBASAN BERKONTRAK DALAM PERSPEKTIF HISTORIS

<p><em>The principle of freedom of contract is influenced by the understanding of individualism that gives birth to the freedom of everyone to obtain what is desired and what is not desired in the realm of private law. Based on the principle of freedom of contract, anyone has the right to make agreements freely without any restriction. But in practice, the principle of absolute and unlimited freedom of contract turns out to create injustice in society, especially if agreements are made by parties whose positions are unbalanced. The weaker party often experiences injustice, so the people then want the weaker party to get protection. As the development of ethical and socialist understandings, the principle of freedom of contract experiences change, so that it is no longer absolute and without limits. This research is intended to analyze the urgency of limiting the principle of freedom of contract in a historical perspective.</em></p>

Urgensi Pembatasan Prinsip Kebebasan Berkontrak Dalam Perspektif Historis

The principle of freedom of contract is influenced by the understanding of individualism that gives birth to the freedom of everyone to obtain what is desired and what is not desired in the realm of private law. Based on the principle of freedom of contract, anyone has the right to make agreements freely without any restriction. But in practice, the principle of absolute and unlimited freedom of contract turns out to create injustice in society, especially if agreements are made by parties whose positions are unbalanced. The weaker party often experiences injustice, so the people then want the weaker party to get protection. As the development of ethical and socialist understandings, the principle of freedom of contract experiences change, so that it is no longer absolute and without limits. This research is intended to analyze the urgency of limiting the principle of freedom of contract in a historical perspective.

TOLERANSI DAN BATASAN KOMUNIKASI ANTAR UMAT BERAGAMA

This research uses library research (Research Library). The research method used is qualitative data analysis, the data comes from primary legal materials, secondary legal materials, and tertiary legal materials that are related to this research. The approach used in this research is to use the approach of the Ayat Al-Qur'an, Asbabul Nuzul, Juridical, and normative. The results obtained in this study are first, the existence of the concept of tolerance for Muslims and non-Muslims, read QS At-Taubah: 30 - 31. Here, we will limit the discussion on tolerance between religious communities (Muslims to non-Muslims) from the perspective of the Qur'an. 'an. Indonesia, as we all know, is a country that gives freedom to each individual, everyone has the same right to embrace religion. Namely, the 1945 Constitution, Article 29 paragraph 2: The state guarantees the freedom of everyone to embrace their respective religions and to worship according to their religion and belief. Article 29 paragraph (2) of the 1945 Constitution states that the State guarantees the independence of every citizen to embrace religion. Second, Verses About Tolerance and Inter-Religious Communication, Surah Al-Khafirun verses 1-6 and Surah Mumthahanah verses 8-9. Third, the boundaries of communication between religious communities. To avoid the potential for the disintegration of the nation, it is necessary to have ethics or boundaries to regulate communication between religious followers in order to realize harmony and peace between religious communities. In the rules of Ushul Fiqih, it is explained that: "Rejecting the damages takes precedence over attracting the benefits (otherwise it is very possible that the afraid is obtained, while the mashallah not produced)."

Standing up to fear.

In 2014, after years of planning, I finally got my visa to start my Ph.D. studies in the United States. I chose to come to this country—leaving behind my family and other loved ones in Iran—because I thought it would be the best way to grow as a scientist. I also felt I could be happy in a country built on a foundation of freedom, tolerance, and diversity. And that was pretty much the case for the first 2 years of graduate school, when I focused on my science, excited to be investing in my career and my personal growth. But the new U.S. president and the climate he has fostered have changed everything for me and people like me, and I need to speak out. ![Figure][1] ILLUSTRATION: ROBERT NEUBECKER > “The new U.S. president and the climate he has fostered have changed everything.” Casual interactions now make me feel unwelcome and unsafe. When the first attempted travel ban was announced, for example, a conversation with one of my former students—whom I had always had a good relationship with—turned to politics. I said that this country promises religious freedom for everyone. “Not for you, only for U.S. citizens,” he responded, adding that he supported the travel ban because he does not think that people with “different beliefs” should be allowed in this country. I was shocked at his ignorance of the law, and hurt that he seemed so eager to take away my rights. In a similar conversation about the effects of anti-immigrant sentiment, someone whom I had considered a friend told me bluntly that if I left an American would take my place—implying that this outcome would be preferable. I never heard any comments like these before the election, but now they're common. And I am not alone. I am in touch with international students across the country who are also facing this type of hostility in various forms and are afraid. We are dealing with practical and logistical issues too. Even though the travel ban is currently blocked by the court, uncertainty about what will happen if we travel outside the United States is a major concern. Some of my Iranian friends who don't have funding for the summer had planned to go back home; now they worry that they might not be readmitted to this country if they leave. In the long term, if I cannot even go abroad for a conference, I will effectively be a prisoner in the United States because I cannot risk losing my position. Moreover, most of my network will be in the United States, so as my career progresses, it will be hard to get a job elsewhere. We need our institutions to support us as we confront these challenges. The best way to make this happen at my own university, I thought, would be to talk to our new interim president, whom I met at a reception. I worried that he would already know everything I wanted to tell him, making it a waste of time for both of us. But I believe that his job is to serve the students, so I felt it was important to reach out. It turns out that he was not aware of the deep fear among international students and our desperate need for support. He agreed to meet with me a few more times, and I was happy to have the opportunity to share my experience and the challenges that students like me are facing. Raising my concerns did not produce the immediate, concrete results that I hoped for, such as a strong statement in support of international students. Even so, I'm happy that I took the initiative. Administrators need to know that the current uncertainty will harm their students. U.S. institutions will keep admitting international students, and it is crucial that they develop and implement plans to protect and nurture us. I am considering leaving the United States to find a better place to build my life and career. But for as long as I'm here, I plan to stand up for immigrant scientists so that, hopefully soon, I can again spend my time thinking about scientific problems instead of my country of origin, my religion, or the color of my skin. [1]: pending:yes

POST-SECULAR TRENDS IN THE SPIRITUAL LIFE OF MODERN SOCIETIES AND PROSPECTS OF EDUCATION

The subject of the article shows post-secular trends in the spiritual life of modern societies and prospects of education modernization. It also offers recommendations about the introduction of the positive experience of leading countries on the issues of cooperation between religious education and upbringing. To begin with, in a post-secular society where religious meanings begin to play a great role in guiding the spiritual life of society, education needs new impulses. In recent years in education gained some experience of usage and inter-confessional communication during preparation of modern specialists.Firstly, components of the moral and esthetic teaching of different confession have to find the full display in studying of the subjects of a social and humanitarian orientation. Especially it concerns Christian ethics which defines the direction to educational practice of education. It can be promoted by obligatory or facultative teaching religious disciplines in educational institutions, but teaching religious courses must be non-confession.Secondly, it’s necessary to refer to the experience of leading countries regarding religious education component including its implications on the civil or patriotic education and research opportunities to approach the main priorities of European education using educational standards and curriculum of future professionals.One should, however, not forget that, nowadays philosophical analysis of religious component of education and its impact on the education process is very important. Religion and culture for thousands of years served not only faith functions, they considerably influenced development of science, education and high spiritual culture. It formed the fundamental basis of educational doctrine, gained considerable potential in the education of the young generation. Furthermore, one should not forget that social changes of recent decades associated with the development of Ukraine as an independent state. The current nature of church-state relations and the free activity of religious organizations gained new development opportunities.Despite the differences in the interaction between the secular and religious education in the European area, there are three groups of countries to determine the role of religious education in general education system. The first group – the lack of such studying at school (France). The second group includes countries where religious education in schools usually state guaranteed (Germany, Finland, Italy, Poland) The third group includes the countries where available non-confessional education (Denmark, UK, Norway).To draw the conclusion, one can say that the phenomenon of civil religion holds a special place in consideration of a religious component of education. The place of religious component in education is quite important at all levels. What is more, we should not forget the basic rule: the basic value of democratic society it’s atheism. Secularism is one of the main factors for providing and guaranteeing liberty of conscience, including an education system, that is a social institute which is the most important aspect of socialization today. Thus, the principle of secularism in the legal framework of the state is a guarantee of autonomy and freedom of everyone to freely make decisions to define themselves in ideological-spiritual sphere without interference of the power factor. A secular state must ensure such a situation, in which no confession, and moreover, no power structure, would not impose someone certain religious-based moral, cultural and spiritual principles, some religious identity.Consequently, pupils and students of educational institutions should have a thorough scientific knowledge of religion, its denominational manifestations, direction, courses, know their history, the basic provisions of their teachings, moral guidance. Knowledge of religion in the education system must provide a «quality intellectual plant» for future professionals. It will help them to express opinions on religious issues freely, including ethical dimensions and effectively carry out work on teaching and educating representative of many faiths.

Regina Mundi: Serving the liberation movement in South Africa

The struggle for ‘non-white’ South Africans to eventually become liberated in this country was a very tough and bloody one. In the struggle the South African Native National Congress – later renamed to African National Congress – as a liberation movement played a decisive role from the beginning of the 20th century, as the mainstream churches failed in the previous three centuries to really contribute to the liberation process. However, the Regina Mundi Catholic Church in Soweto serves as a good example of a church that did not look the other way during the struggle. This church assisted the liberation movement in promoting freedom for everyone,serving as the platform for many a politician and even, at least once, as a shelter against the raining bullets of the police.

Marriage Law Petroglyph Texts of Neolithic China

I discovered the marriage law petroglyph texts of Neolithic China a few years ago 1 , and now I will introduce my latest progress on this issue in this article. There are 9 sets of marriage law petroglyph texts of Neolithic China (10,000-4,500 B.P.) found so far. There are three models of two categories of the texts. Heaven and Earth Mapping Model was adopted in the texts of Early Neolithic China (10,000-7,000 B.P.), Only Earth Model and Cross Marriage Model based on the former were adopted in Middle Neolithic China (7,000-5,000 B.P.). Neolithic Chinese created Ziwei Lunisolar Calendar and established the laws to couple men with women imitating the rules of Ziwei Lunisolar Calendar to match Sun (seasons) with Moon (lunar months). The history of the marriage system of Neolithic China can be divided into three stages, the equivalent polygamy stage, the first phrase of the monogamy and the second phrase of the monogamy. Equivalent polygamy is a form of marriage unknown so far. It requires equal number of men vs. women from different groups to form a marriage unit. Only two combinations of this marriage form have been found so far. One is the form of ten husbands vs. ten wives, and the other is the form of three husbands vs. three wives. The monogamy is a logical result of the evolution of the equivalent polygamy, and consequently they share the common ideas of equality and parity. Freedom and equality are two cores of the thoughts of Neolithic Chinese. Based on distributive justice focusing on giving his due, equality between the sexes in quality and quantity was adopted by them to practice the idea of freedom of everyone; and based on cooperative justice focusing on doing their best, coupling equality between the sexes was adopted by them to practice the idea of common freedom.

KEBEBASAN BERAGAMA DI SMU SELAMAT PAGI INDONESIA KOTA BATU MALANG

<em>This study attempts to examine the implementation of religious freedom in a multicultural education institution, namely at SMU Selamat Pagi Indonesia (SMU-SPI )in Batu City, East Java. This study focuses on the meaning of religious freedom for the academic community, and the supporting and hindering factors for the implementation of religious freedom in this school which has diverse multicultural backgrounds. This empirical study uses a qualitative- phenomenological approach. It shows some important findings. First, the meaning of religious freedom for the academic community of this school is the freedom for everyone to practice their religion in accordance with the religion and beliefs of each, while respecting the religion and beliefs of others. Second, the application of freedom of religion in this school is expressed through moral conducts amongst the school community such as compassion, good advice, moral support, religious commitment and respect for other religious observance. In addition, the implementation of religious freedom is also evident in the efforts of the school to provide teachers and spiritual guide to students in accordance to their respective religion and in the establishment of places of worship for all religions.</em>