Political Law Research Articles

Legal Politic As Counter An Asymmetrical Warfare In The 5 & 6th Generation War

Legal politics as a defense system against asymmetric war is very important. War today is no longer conventional but has entered the 5th and 6th generations in an asymmetric and hybrid manner. This research uses an explanatory qualitative method. The analysis technique uses the soft system method (SSM) to provide structured, comprehensive and sharp analysis. In general, this research will discuss legal political alignments in Indonesia, urgency, mechanisms, and the model/concept of Counter Asymmetric War. Specifically, this research discusses political law as a defense system against asymmetric war in the 5th and 6th generation war era which is considered less comprehensive and non-specific. Then, this research determines 4 ideal criteria for Political Law as a defense system against asymmetric war in the 5th and 6th generation war era, including: defense budget, regulatory effectiveness, modernization of technology & defense equipment, and national defense education. These ideal criteria are used to analyze legal politics as a defense system against asymmetric war. The results of the analysis show that the criteria for political law as a defense system against asymmetric war do not comprehensively cover these 4 ideal criteria. As a recommendation, these 4 ideal criteria can be a refinement of the political legal criteria as a defense system against asymmetric war. So that legal political policy as a defense system against asymmetric war can realize the stability of Indonesia's national defense and security.

Monitoring care, curating suffering: Law, bureaucracy and veterinary expertise in contemporary animal politics

This article critically explores responses to the suffering of animals caused by industrialised agriculture aiming to reflect on broader aspects of the current state of animal politics in the 21st century. Focusing on the regulatory schemes introduced to control the welfare of animals in Denmark, the article foregrounds sites of law enforcement and industry regulation, in which animal suffering is ‘carefully’ curated. The analysed material comprises inspection reports and interviews with veterinary officers and technicians charged with monitoring the level of care in Danish agribusinesses. The article builds upon Kelly Oliver’s theory of witnessing to develop a sociological perspective on the function of expert testimony within regulatory and administrative domains – what is defined as acts of juridical eyewitnessing. Through this framework, it becomes evident that law and bureaucratic procedures wield considerable influence in transforming a social and legal expectation to reduce animal suffering into specific ethical-scientific and bureaucratic standards. Furthermore, in adopting a de-human-centred sociological lens, the article presents an alternative interpretation of the evolution of anti-suffering sentiment – understood as negative emotional responses to animal suffering – one in which the state plays a prominent role in shaping particular attitudes towards other animals based on ‘seeing’ and ‘knowing’ suffering.

Political Law of Electronic System Implementation in Indonesia

Political Law of Electronic System Implementation in Indonesia

Political Law of Electronic System Implementation in Indonesia

Political Law of Electronic System Implementation in Indonesia

Legal Politics of Religious Moderation and State Defense Policy at Public Universities

This study aims to discuss the policy of the Ministry of Religious Affairs through the Sub Directorate of Islamic Religious Education at Public Universities (PTU) in forming Griya Moderasi Beragama dan Bela Negara (MBBN) to strengthen the understanding of religious moderation and eliminate religiousness that often legitimizes violence as a manifestation of religious teachings during the rise of groups that claim to be the most correct. This study uses doctrinal law, political law, and critical analysis approaches. Data analysis was conducted by exploring moderation policy documents and legislation products. This study found that the legal politics of Religious Moderation and State Defence at PTU is a strategic government policy to strengthen the nation's life amid legal and religious plurality in the face of confrontation with radicalism groups. The government's strategic policy is synergized with national development, accelerating the realization of justice and welfare. The policy is also a firm step by the Indonesian government in contributing to the world according to the demands and developments of diversity in the era of globalization, especially in counteracting the massive movement of radicalism and intolerance in Indonesia.

A synthesis of Kantian ethics and Rousseauvian General Will in justifying the moral ground of political laws

This article explores the Kantian and Rousseauvian solutions to the conflict between autonomy and authority. First, I discuss how the categorical imperatives (CI) are the supreme source of the legitimate authority of a limited number of political laws. By extending the synthetic a priori nature of the CI, I demonstrate how Rousseau’s General Will (GW) can justify political laws in a broader sense. I also refer to the theory of H.L.A. Hart and John Rawls to show that all political laws are binding if they are within the limits of injustice and have some moral foundation. I discussed the limits of authority of on debatable laws such as banning abortion. I analyzed the possibility of GW by using Condorcet’s theorem. I conclude that GW cannot fully justify political laws based on majoritarian direct democracy, owing to problematic assumptions, although it may be an improvement to the current legislative procedure of the U.S.

Transformation of Islamic Law into Positive Law within Pornography Legislation

As the country with the largest Muslim majority in the world, it is only natural to frame Islamic law as the legal framework for pornography legislation. The reality is that Indonesia is a unitary state, so the establishment of an Islamic state is not feasible. This article falls underthe category of literature research with a qualitative approach. The methodology used is normative legal studies with a content analysis approach. The research concludes that the transformation of Islamic legal values can be manifested in positive law by implementing Islamic law in Indonesia without establishing an Islamic state. The transformation of Islamic law into positive law in national politics regarding the Pornography Law has had a significant impact on the process of accommodating Islamic law within Indonesia's legal system. The pattern of transformation in Islamic law is substantive (essential). Although not exactly the same as what exists in the concept of Islamic law, the substance or essence is in line with Islam or not contradictory to Islamic teachings, as seen in Law No. 44 of 2008 concerning pornography.

The Legal Metaverse and Comparative Taxonomy: A Reappraisal

Abstract The present Article revisits my “Three Patterns of Law: Taxonomy and Change in the World’s Legal Systems”—published in this very Journal a quarter century ago—which acknowledged the ideological nature of the law versus politics distinction and posited taxonomy as a means for understanding law. The original article classified law into professional law, political law, and traditional law, and heralded the tentative and dynamic natures of such classification. The two purposes of the present Article are to (i) reflect on legal transformations that have since occurred as reactions to global geopolitical, technological, and economic changes, and (ii) interrogate whether epistemological assumptions that produced the Three Patterns of Law hypothesis still hold. The question the present Article poses is whether a fourth pattern of law is now necessary to capture the new technological state of affairs and the new geopolitical balances of power: in particular, should a rule of smart law be introduced? This Article surveys some of the relevant legal transformations capable of impacting the mapping of each legal pattern to a given geography. Because the Internet (like law, religion, tradition, or language) is an informative-normative system that has produced a new frontier of development, and because of its ubiquity, I have used it as a test for the current viability of the hypothesis. I conclude that it is too early to add a fourth pattern of law; but it is, perhaps, too late to avoid a pattern of no law taking over global hegemony by substituting algorithms for lawyers.

POLITICAL SHIFT LAW SETTLEMENT OF FLY ASH AND BOTTOM ASH (FABA) COAL BASED ON ECOLOGICAL JUSTICE

Purpose: This research aims to gain a comprehension understading on the factors causing the shift in political law regulation of fly ash and bottom ash (FABA) coal waste from hazardous and toxic waste (B3) to non-B3 status and provide a solution to the regulatory model for coal FABA based on ecological justice. Theoretical framework: This study also anchors from environmental justice theories known as “political ecology” from the perspective of “procedural justice” and “distributive justice”. Method: This qualitative research was approached as socio-legal research specifications. Miles et al.’s (2014) qualitative data analysis process was employed to analyze the data. Result and conclusion: The research results show that the political shift in the legal regulation of FABA should be based on ecological justice. The causal factor, the formation of law, is influenced by political and economic factors. While economic factors remain the dominant basis in establishing Government Regulation Number 22 of 2021, the environment should also be the consideration. Most of the construction of the regulation has not been based on the precautionary principle, non-regression, ecological justice, Pancasila justice, certainty, benefit, legal morality, and international agreements. Practical implication: This study contributes that the implementation of environmental protection and management needs to be reconstructed based on provisions, principles, and principles in forming arrangements such as the precautionary principle, the precautionary principle, the non-regression principle, the ecological justice principle, national justice [Pancasila], certainty, expediency, legal morality, and international agreements, to produce regulations in the environmental sector based on ecological justice.

Political Law of Health Professions Organizations

Health professional organizations play a central role in providing guidelines, standards, and ethics that maintain the integrity and quality of health care. Health services are a crucial aspect of human life, and to ensure their quality, professional organizations are needed. Method. The research method is the study of literature. Using document data published between 2000 and 2023. English and Indonesian speaking. Using google data base and google scholar. By keywords: professional organizations, health legislation. Professional ethics Research results obtained from 20 literature reviews from google and google schoolar data search period between 2000-2023.Conclusion. After Health Law No. 17 of 2023, Health professional organizations no longer have functions as before, which still raises pros and cons in the Indonesian Health world.

Beyond tribal politics for e-participation and development: social media influence on Nigeria's 2023 presidential general election

PurposeThe study investigates factors like media, tribal, religious and party politics' influence on Nigerias’ 2023 presidential election choice. It confirms dominant social media platforms and examines their influence on election polls, e-participation and political candidate choice. The main objectives of this study are to: investigate if tribal, religious and party politics affect the respondent’s choice of a presidential candidate, ascertain the respondent's most used social media platform for political engagement and determine how social media platforms influenced the election polls during the 2023 Nigerian presidential election.Design/methodology/approachA sample size of 384 registered voters was used to survey three states in Southeast Nigeria hinged on the technological acceptance model, the instrumentalist theory of ethnicity and the theory of reasoned action.FindingsThe study found that tribal politics did not influence political candidates during the 2023 Nigerian presidential election. However, religious and party politics influenced their choices as well as X (Twitter), found as the most used and most influential social media platform vital for enhancing participatory democracy and informing people at real-time.Research limitations/implicationsThe researchers experienced challenges such as ensuring that the respondents filled the questions appropriately to reduce the number of void questionnaires and a funding problem since they had yet to receive any grant to enhance the study.Originality/valueThe study commends improved Internet connectivity and accessibility among the citizens for increased political engagement on social media. It also recommends that the Nigerian government enforce the rule of law in politics to enable diverse tribes and religions to experience democratic e-participation and development without marginalisation or subjugation by incumbent power. The findings affirm that social media is apt in political communication during the 2023 presidential elections in Nigeria. The study is a contribution to knowledge, timely and original.

Varieties of authoritarian legality

ABSTRACT An analysis of legality in an authoritarian zone requires a nuanced understanding of its dynamics and how they differ from those conventionally envisioned in a democratic society. This article critically examines the varieties of authoritarian legality in three differentiated paradigms, namely, ‘law and politics’, ‘law with politics’, and ‘law in politics’, each engaging in a distinctive entanglement of law with politics depending on the varying degrees of the law’s autonomy. Furthermore, it points out that the engagement of authoritarian legality is favourably facilitated through politically controllable legal institutions and state-shaped public sphere. Moreover, it argues that the standalone statist reason cannot stand out alone as a legitimate ground for legality unless some other alternative reasons can be dialogically engaged in the public discourse. Otherwise, the force and violence may be clothed in the form of a law that serves as a political instrument for the ruling of the authoritarian government, which can be fuelled by nationalistic ideologies or demagogues.

Optimizing Democracy: The Political Law of Digitization Policy for the Prevention of Election Disputes in Indonesia

General elections in Indonesia have undergone a significant transformation through the adoption of information technology and digitalization. This transformation not only accelerates the voting process, but also has a major impact on the legal regulations governing elections. In this context, the Political Law of Digitalization Policy plays an important role in shaping an effective regulatory framework, especially in dispute prevention. The application of technology in elections should not leave behind some people who are not familiar with digital devices. Therefore, regulations should detail measures to ensure that every citizen has a fair and equal opportunity to participate in the electoral process. Regulations should provide a clear framework for handling complaints, checking discrepancies, and ensuring that election results are acceptable to all parties. Through the adoption of information technology and digitization, it reinforces the political urgency of the policy law. This study aims to determine the contribution of the Election Digitalization Policy in reducing risks and handling potential disputes in general elections. The method used in this research is normative juridical. The results show that the Political Law of Digitalization Policy has a central role in shaping regulations that support modern, inclusive, and dispute-free elections in the digital era. Through this approach, it is expected that Indonesia can move towards more efficient and trustworthy elections. The implementation of election digitization has an impact on increasing transparency and public trust, efficiency and accuracy, accurate data recording, simplifying the electoral process, preventing fraud, and reducing the burden on the Constitutional Court.

Democratic Political Law in Indonesia After Amendments to the 1945 Uud

Purpose: The purpose of this research is to find out the implementation of democracy before and after the amendment of the 1945 Constitution. Method: This research uses descriptive normative research methods, normative legal methods in research conducted by researchers by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Results and Conclusion: Amendments to the 1945 Constitution brought about changes in the configuration and status of the Indonesian People's representative institutions. Before the adjustment to the chamber system in Indonesia, this country adhered to a unicameral system where the People's Consultative Assembly held supreme power as the highest state institution and guardian of people's sovereignty. After the amendment to the 1945 Constitution, the People's Consultative Assembly of the Republic of Indonesia underwent a transformation, from an institution that holds the sovereignty of the people to a state institution that is on par with other leading state institutions. Apart from that, the results of the revision of the 1945 Constitution also increased the role of the DPR, especially regarding legislative capacity. The inclusion of the Regional Representative Council (DPD) under the People's Consultative Assembly, alongside the People's Representative Council (DPR) in a parliamentary system, can be linked to the constitutional amendment to the 1945 Constitution. This amendment aims to establish a bicameral system in Indonesia, with the basic aim of encouraging checks and balances between state institutions.

Букеевская (Внутренняя) орда в XIX – начале XX вв.: этапы административного управления

Introduction. The article examines some key stages of administrative governance evolution in the Inner Bukey Horde throughout the nineteenth and early twentieth centuries — with due regard of the present-day historical research agenda and various methodological approaches adopted to interpret Imperial Russia’s policies toward Orientals across its southeastern domains. Materials and methods. The paper focuses on a number of related historical publications, namely: A Review of the Fifty-Year Long History (1837–1887) by the Ministry of State Property (Pt. 2: Guardianship. Land Affairs Management), and Russian Political Law by N. Korkunov, a renowned Russian lawyer of the prerevolutionary era. The latter reviews the Bukey Horde’s administrative structure as of the early twentieth century. Results. The work employs an institutional approach to the study of administrative governance evolution in the Inner Bukey Horde, and delineates a total of four stages therein: establishment of the Bukey Horde, institutional legalization of the Bukey Khanate, transformation and abolishment of native royal power of khans, integration of the Horde into Russia’s political and economic environments as part of Astrakhan Governorate. The staging model centers around the institution of khanship that did outlive ones in all other Kazakh communities, which is explained by the personal traits of Khan Jäñgir and a special ‘inner’ status of the Bukey Horde.

Audit Ethics as A Moderating Variable in Auditor Quality Assessment

Urban regions face numerous challenges in implementing regional autonomy. The smart city concept has been implemented by cities in various countries to tackle these issues. This article aims to comprehend and assess the political laws selected by the Indonesian government to address the challenges of implementing regional autonomy in urban areas using smart city concepts and indicators. The research method employed was normative research through a statutory regulations approach, in addition to a conceptual approach. The research material was secondary data comprising primary legal materials as well as secondary legal materials amassed via online and offline research at the library. The data was then analyzed in a descriptive manner. The analysis results demonstrate that numerous Indonesian cities have introduced smart city indicators. However, these indicators lack a legal foundation referencing smart city standards. The absence of specific regulations for smart cities in Indonesia has resulted in unstructured and immeasurable implementation. In Indonesia, the closest legal regulations or policies to the concept of a smart city are those outlined in Government Regulation Number 38 of 2017 concerning Innovation. Going forward, it is necessary to establish legal guidelines that contain specific standards for smart cities, from inception to implementation, in order to enhance regional autonomy in urban areas.

Legal Politics of Optimising the Implementation of Regional Autonomy in Urban Areas: Perspective of Smart City Concept

Urban regions face numerous challenges in implementing regional autonomy. The smart city concept has been implemented by cities in various countries to tackle these issues. This article aims to comprehend and assess the political laws selected by the Indonesian government to address the challenges of implementing regional autonomy in urban areas using smart city concepts and indicators. The research method employed was normative research through a statutory regulations approach, in addition to a conceptual approach. The research material was secondary data comprising primary legal materials as well as secondary legal materials amassed via online and offline research at the library. The data was then analyzed in a descriptive manner. The analysis results demonstrate that numerous Indonesian cities have introduced smart city indicators. However, these indicators lack a legal foundation referencing smart city standards. The absence of specific regulations for smart cities in Indonesia has resulted in unstructured and immeasurable implementation. In Indonesia, the closest legal regulations or policies to the concept of a smart city are those outlined in Government Regulation Number 38 of 2017 concerning Innovation. Going forward, it is necessary to establish legal guidelines that contain specific standards for smart cities, from inception to implementation, in order to enhance regional autonomy in urban areas.

Race in IR: toward empirical study

Errol Henderson writes “the banality of white supremacy, more than the democratic peace thesis, is probably ‘the closest thing to an empirical law in world politics.’” Such a view is likely shared by IR scholars that study race as kindred systems of hierarchy. By comparison, the collective field is now “noticing” its long silence on the subject. Renewed calls to mainstream race have come with an unsettling admission: the “norm against noticing” was not by mistake but an epistemic devotion to a set of intuitions that exclude the agency of a global majority. In our silence—inadvertent or otherwise—we forgo a more accurate account of outcomes where race is theoretically important or even banal as Henderson deciphers. What is made clear by his contribution is that we can and should change course. My response to Henderson seeks to reinforce the argument for a positivist approach to race in world politics—both its promises and challenges.

Political Legal Management of Oil and Natural Gas Resources According to Article 33 of the 1945 Constitution for the Maximum Prosperity of the People

Political law is a fundamental policy that governs the State in the field of law, derived from the prevalent societal values to attain the desired goals of the State, which encompasses both ius constitutum and ius constituendum. The legal politics of managing oil and gas resources in Indonesia at a certain period have varying effects on the envisioned social welfare. This study aims to examine: 1) the legal politics of managing oil and gas resources in Law Number 22 of 2001 on Oil and Gas; 2) the implementation of regulations and policies for managing oil and natural gas resources to achieve the highest possible prosperity for the people; and 3) the suitability of the legal political concept of managing oil and natural gas resources in efforts to realize the highest possible prosperity for the people.
 This research employs a legal research approach with a typology of normative legal research or doctrinal research to develop arguments, theories, or new concepts as practitioners in addressing current issues. The nature of the research adopted in this study is descriptive-analytical. The normative juridical approach is utilized to respond to legal issues in this research, utilizing the statutory approach, historical approach, and conceptual approach. The research data were gathered through document studies, as well as interviews, and then analyzed qualitatively juridically.
 The results indicate that the legal political concept of proper management of oil and natural gas resources in realizing the maximum prosperity of the people can be accomplished through several strategic modifications, including a) a new paradigm of oil and gas management; b) changing the oil and gas institutional scheme; c) changing the oil and gas management scheme; d) altering the oil and gas exploitation contract scheme; e) changing the structure of the oil and gas industry; f) enhancing the utilization of domestic oil and natural gas; g) increasing the role and capacity of State-Owned Enterprises in oil and gas management; h) implementing the domestic market obligation scheme and oil and gas export policy; and i) establishing an oil and gas fund scheme.

The Dynamism of International Law in Politics: An Appraisal of Russo-Ukrainian War

The dynamism of international law when enmeshed in politics is critical especially when superpowers are involved in the violation of international humanitarian and human right laws. The Russia invasion of Ukraine is a vivid example. Russia’s invasion of Ukraine which commenced on 24 February 2022 represented just the latest, albeit most devastating, intervention in a neighbouring former Soviet state. In the effort to examine that, our aims are to critically assess the dynamism of international law in politics through the analysis of the forceful invasion of territorial integrity of Ukraine by Russian government under the leadership of Vladimir Putin in order to underscore the potency of international law when the political interests of a superpowers are involved. In that regard, the paper employed the political realism theory of international relations in the effort to give the work a trajectory narrative. Secondary method of data collection and historical content analysis approach were employed in the collection and analysis of the phenomenon understudy. One of the key findings of this paper is that indeed Russia violated the sovereignty of Ukraine and therefore violated the rules of international law and as a superpower nation the global community seems confused or carefully handling the war in order to avoid the occurrence of another world war. Russia being the current president of the Permanent Members of the UN left the entire nations concerned with worries over the violation of human and humanitarian rights of the Ukrainians. Based on our findings, one of the recommendations put forward is the urgent need for all member states of the UN to take steps to end the conflict as soon as possible in a way that all the interests of the parties are considered. They should comply strictly with the rules of international human right laws and international humanitarian laws to ensure the protection of civilians.