Political Law Research Articles

Political Law of Advocate Arrangements in Indonesia

Indonesia as a state law should put an effort in enforcing justice based on the law for society's interest, upholding the rule of law and human rights. One of the efforts is through the development of law related to advocating arrangements. The existence of Advocate Law is to create a constitutional state law and judicious law enforcement so that every person is viewed equally before the law, to get access to justice. In the context of Political Law in democratic Indonesia, it is known that the arrangements of law related to advocate are aimed at the legal responsive character. Keywords: Advocate, Political Law, Responsive DOI: 10.7176/JLPG/118-08 Publication date: February 28 th 2022

Two Cheers for Lost Sovereignty Referendums: Campaigns for Independence and the Pouvoir Constituant Mixte

AbstractIn this article, I bring together three recent ideas from political theory and constitutional law. The first is the notion developed by Jürgen Habermas and Markus Patberg of a pouvoir constituant mixte. Complex polities such as supra-state federations should be understood as constitutional entities that combine two or more authorizing subjects. The default “mixed” conception is that of dual sovereignty, split between the federations’ member collectives and member individuals. The second idea is that of Stephen Tierney, that sub-state national societies should be seen as involved in struggles over constituent power. The third is the idea and practice of sovereignty referendums, which I illustrate by looking at the 2017 Catalonia independence referendum. I contend that, at a minimum, sovereignty referendums, especially lost ones, should be understood as strategies to bring about, shift or complement constituent powers, in achieving compound or mixed sovereignty. Finally, I venture into some ideas about the criteria of legitimacy for such endeavors, in distinguishing the activation of constituent powers from their articulation and exercise.

The enforcement turn in plural policing? A comparative analysis of public police auxiliaries in England and Wales, France and The Netherlands

This paper examines ‘auxiliary’ police in three European countries and the extent to which they continue to present a pluralisation of public sector policing. Examining findings from existing empirical research, we will argue that despite different origins, systems of governance, formal powers and levels of centralisation, the police auxiliaries in England and Wales, France and The Netherlands have all experienced an overall trend towards becoming more ‘enforcement-orientated’. This unique comparative analysis measures each agency's powers, appearance, organisational dimensions and mandate and the associated drivers towards change, such as the politicisation of law and order, large-scale institutional transformations and professionalisation attempts. This analysis will have implications for pluralised policing scholarship as it questions the extent to which auxiliary officers provide a true alternative to the standard or national public policing mandate, which has historically highlighted the ‘law and order’ function of the police. It also highlights the lack of research on what ‘policing by government’ ( Loader, 2000 ) looks like in practice and the need for further comparative research with these auxiliary state policing actors.

The Philosophy of Law of Immanuel Kant

Immanuel Kant, the eminent Western philosopher, discusses several significant themes in the context of political ideas that are strewn across his various books. In this study, one of the challenges is to organise Kant’s valuable notes on political ideas in a systematic yet critical manner to reflect his philosophy of law. Kant’s theoretical and practical philosophies have influenced the idea of law, which is an a priori concept of the human mind, in several ways. It is also conceivable, by virtue of Kant’s philosophy of law, to identify the inherent connection between moral and political philosophy. This study will illustrate the connection between the moral and political philosophy of Immanuel Kant and the philosophy of law. This work is carried out through the method of context and critical analysis. This work is organised into three sections. The first portion of the introduction will analyse the definition of law and its connection to the philosophy of law; the second part will study the broad notion of law and its different varieties; and the third section will investigate whether Kant’s political philosophy is consistent enough to accommodate the different types of laws. This work submits that Kant’s philosophy is quite consistent with the philosophy of law. In particular, this work submits that there is a theoretical link between Kant’s political philosophy and natural law, moral law, political law, international law, and cosmopolitan law.

The consumption power of the politically powerless: The Yellow Economy in Hong Kong

ABSTRACT Although the literature on political consumerism is prolific, political consumerism as a form of domestic political resistance is under-explored. The nascent ‘Yellow Economy’ in Hong Kong – in which citizens have boycotted pro-government (‘blue’) business and buycotted pro-democracy (‘yellow’) businesses – is an economic front of the pro-democracy movement that emerged in 2019. With rising political threats following the imposition of the national security law, street protests and other forms of contention politics have been stifled. The Yellow Economy, however, has become a new protest repertoire that has helped to sustain the movement. Drawing upon 26 semi-structured interviews with the Yellow Economy’s supporters from May to July 2020, as well as secondary data including newspaper articles, this article finds that a shared collective identity among pro-democracy citizens primarily gives rise to consumer activism in Hong Kong. Even though the initiative could not yield intended outcomes, i.e., resource mobilization and political opportunity expansion, pro-democracy citizens have continued engaging in political consumerism to express their solidarity. Furthermore, consumer activism and pro-democracy citizens’ identity are mutually reinforcing.

Rule of Law in Politics and Economy

Rule of Law in Politics and Economy

Rule of Law and Constitutionalisation of Memory Politics in Hungary and Russia

Rule of Law and Constitutionalisation of Memory Politics in Hungary and Russia

Complications (Complexity) between Normative and Descriptive: A challenge for Clarity

This article will address descriptive and normative concepts vis-à-vis their inferential value and epistemic evolution within the social sciences. The analysis focuses mainly on the normative concept, which arises in the intersection between various disciplines of the social sciences, blending within itself a dialectic between the subjective and the objective, between the individual and the social. The descriptive concept – which acts as a link between logos qua language and the empirical reality – will have less elaborated analysis. The article’s purpose is convenient for readers acquainted with the field in question as well as those for whom the topic is less known. Indeed, the article is intended to address the above concepts from the point of view of the political scholar. However, during the research process, it was considered appropriate that these conceptions have an interdisciplinary heuristic reflection in order to be of value and interest to scholars of political science, philosophy, and law. As a first step, we will present in classical form the meaning and explanation of the concepts in question, based on linguistic and philosophical dictionaries. The article also focuses on the solid definition given to the concept of normativity – understood in legal terms – by Hans Kelsen through his idea of a Base Norm (Grundnorm) and his critique of Max Weber’s sociological conception of norms. Secondly, we will outline the dichotomy between the concepts of “is” and “ought” – the former analyzed by Kant as a hypothetical imperative, as a determinant of goals and actions based on desires and, the latter considered as a categorical imperative, as a normative determinant based on reason. Another dimension of normativity is seen from the perspective of analytical jurisprudence, the dialectic created between formalists and anti-formalists in the treatment of morality, both in subjective and social terms. Finally, the emphasis will be placed on normativity in politics and in spoken language, dimensions that define the normative approach.

Staatsrechtliche Konzepte der tschechischen und slowakischen Innenpolitik aus der Zeit vor der Entstehung der Tschechoslowakei

From the very beginning, the settling of the Czech and Slovak questions was closely linked to the question of how the fate of the entire Habsburg Monarchy would unfold. Even though a number of political parties were active by 1914, almost all Czech politicians regarded the Habsburg union of states as a constant in the world order and had not set for themselves the goal of creating an independent state. One person who deviated from the defining line of Czech politics was the pro‐Russian politician Karel Kramář. After the outbreak of the First World War, Czech politicians initially remained wary. Later, activism prevailed among them, and the Czech Union (Český svaz) and the National Committee (Národní výbor) became their organisational platforms. At the beginning of 1917, activist politics culminated in the rejection of the demand for the ʺliberation of the Czecho‐Slovaks from foreign ruleʺ stipulated in the Ententeʹs proposal for peace negotiations. Also in the constitutional statements of most Czech deputies read out at the opening of the Imperial Council and in the projects of the late summer and autumn of 1917, which addressed the creation of a common Czech‐Slovak state within the framework of the Habsburg monarchy, the preservation of a reorganised Habsburg monarchy was taken for granted. In early 2018, however, the idea of an independent Czechoslovak state began to gain ground among Czech politicians at home. In the spirit of this idea, the so‐called Epiphany Declaration and the drafts of the political law and the economic law of early October 1918 were drawn up, whose content was subsequently incorporated into the first laws of the Czechoslovak state.

The Integration of Legal Education and Mental Health Education of College Students in the Contemporary Network Environment Facing the Cultivation of Civic Awareness.

Since the world entered the era of network information, the influence of the Internet has been expanding day by day, and today's college students are deeply affected by the network environment, which has also brought unprecedented challenges to the moral education work of colleges and universities. The rule of law education for college students is a key point for the comprehensive implementation of the strategy of governing the country by law. How to enhance the effectiveness and recognition of the rule of law education for college students has become an important task of higher education. Therefore, strengthening the legal education of college students is not only an inevitable choice to fully implement the rule of law but also a realistic requirement to improve the level of higher education and realize the all-round development of college students. College students' mental health education is an important part of the talent training system of colleges and universities, and in-depth exploration of the ideological and political laws of college students' mental health education courses is an inevitable requirement for implementing the fundamental task of Lide Shuren. College students' mental health education courses must be integrated into the ideological and political concepts of the curriculum, reflect the political orientation of ideological and political work, embody the law of educating people with morality as the first, and embody the practical purpose of psychology to pay attention to personality improvement. It is necessary to optimize the content of education and teaching, excavate the elements of ideological politics in the curriculum, enrich the resources of ideological politics in the curriculum, and explore a new way of reforming the ideological and political education curriculum for college students from the aspects of deeply planting family and national feelings, enhancing political identity, strengthening cultural self-confidence, cultivating Chinese temperament, clarifying the meaning of life, strengthening mission responsibility, enhancing civic awareness, and developing law-abiding habits. Strictly regulate the behavior of contemporary college students in the online environment, give full play to the role of legal education, and reduce the incidence of online incidents such as online fraud and cyber violence. This paper puts forward some problems in the current legal education of college students in China and points out the root causes of these problems. Methods for structural reform and advanced cultural construction based on social development are proposed. From a strategic point of view, it is believed that only by managing the reform of legal education and cultivating civic awareness can we completely solve various contradictions and problems among college students in the network environment and pave the way for the development of college students.

Martin Belov (ed.). Courts, Politics and Constitutional Law: Judicialization of Politics and Politicization of the Judiciary

Martin Belov (ed.). Courts, Politics and Constitutional Law: Judicialization of Politics and Politicization of the Judiciary

Some Remarks on the History of Political Theory in Antiquity

With the help of some texts of Greek philosophers the ambivalent history of natural law philosophy is illustrated with its consequences for the rising notion of political theory and international law. Universalism and Stoic philosophy form the intellectual background for the rising Roman empire. Special attention is paid to the history of the textual transmission of some important philosophical texts, an aspect which is very often neglected.

Stop digging: regenerating science for an inclusive and sustainable future

Healey's first law of holes is, "if you find yourself in a hole, stop digging". Over the years others have added to that law. The second law say "if there is any open hole fill it" - and third law says "any hole not filled now will cause more damage in the future". The first law is attributed to a British politician Healey- following an interview with the Statesman magazine in 1986. Thus, others have referred to it as "Healey’s first law of politics" (Guardian, 2015). Although popularized by Healey, the first recorded use of this saying dates back to 1911, where the Washington Post published the original saying on the sixth page. This saying reads: nor would a wise man, seeing that he was in a hole, go to work and blindly dig it deeper. The First Law of Holes simply mean "know when to stop". There are many societal lessons we can learn from this concept of stop digging. You may find this law relevant to your business, your political beliefs, or even your financial situation. But the message remains all the same; if you find you are in trouble, it’s best to quit whatever it is you are doing that has gotten you to this point. But first, recognize the hole you have dug. That is to say, the first step in finding a solution is admitting there is a problem. It might take a lot of pride-swallowing, but it is worth it, to be honest about what you are struggling with. To rise above your challenges, you can’t continue to go downward. There are usually many factors at play when it comes to finding a solution. The holes adage speaks to the society we live in. It has been littered with too many "may-tries", a great many experiments to the detriment of the economy, and people around. Tragically, citizens are often taken as pawn. In the 1980s - following the oil crisis - developing countries were faced with the need for structural reforms of their economies - which drove the privatization programme. While the idea was meant to promote efficiency, countries eventually were found in a hole. Each dug a hole. Many state-owned companies were sold, leading to massive unemployment and deepened poverty. The working class was sacrificed. However, the best thing to do was to realize that they (countries) were in a hole, and then stop digging. The first step was to stop doing harm. Stop approving any more expenses and assess the situation at hand. This was never done. Following at the heals of structural adjustments was outsourcing, which further shed more jobs. More also it led to a culture of profit making, and ballooned costs - again to the detriment and neglect of delivery of social services for the benefit of the citizenry. This leads to lessons of the second and third laws of holes. The existing holes were left open and are causing societal damages. Of course, the history of outsourcing dates back to the time of the Industrial Revolution, which began in Europe in 1750s. The Industrial Revolution led to the mass production of goods and caused the growth of markets and profits. Many companies experienced a shortage of local human resources, so they started contracting with third-party firms to delegate the accounting, legal, and insurance tasks. Outsourcing is based on the economic principle of "opportunity cost". Outsourcing was not formally identified as a business strategy until 1989 (Kim, 2018; Gonzales et al. 2020). However, most organizations were not totally self-sufficient; they outsourced those functions for which they had no competency internally. One of the best examples of outsourcing, outstaffing, and recruiting is Japan during the reign of Meiji. The period that marked a place for itself in the history books as the Meiji Restoration, became a major reason for Japan’s industrial rise later in the 1900’s. Outsourcing is the buzz word of the new millennium – while companies are increasingly moving jobs offshore to cut down costs, the public is feeling cheated that their jobs are being “stolen” by cheap, foreign labour

Analysis of Al-Mawardi and Ibn Rushd political thoughts in the context Pakistani political system

This study was aimed to comparatively analyse the political thoughts of Al-Mawardi and Ibn Rushd, and their possible implications in the current Pakistani political system. A qualitative method was chosen to conduct the study and they were collected from secondary sources. Besides, content analysis was used to analyse the collected data. The role of politics considered a significant part of human’s life, since time immemorial. In terms of epistemological meaning, politics has a deep relation with power. Different kind of ordinances and law documents was collected related to public law in one place by Al-Mawardi and Ibn Rushd. No society, community, city, or even any country did not prevail, without an effective constitution or government structure. The famous scholar Ibn Rushd highlighted the political injustice and failure of the secular political laws which claimed to provide and established justice in the Islamic society. Muslims have bottomless faith in the political teachings of Islam taught by Hazrat Muhammad Mustafa (PBUH), His companions to accomplish in their communities. Al-Marwardi and Ibn Rushd School of thought, was greatly focused on the teaching of Islam in the modern world. It was recommended that there is a need for the implementation of the Islamic laws and rules in the society, to meet the laws of Islam for the prosperity of the society.

Ambedkar’s Dhamma: A Counter-theology of Law for Indian Political Thought

ABSTRACT This paper will argue that B.R. Ambedkar attacked the social law of Hindu dharma for legalizing and legitimizing Brahminical sovereignty in the form of a birth-based caste order centred around the ambivalent sacrality of untouchability. Although Ambedkar inaugurated postcolonial India’s transformative constitutional project, its juridical language of secular legality was not powerful enough an antidote against the social customs of caste and untouchability. Since these practices were ultimately grounded in a Hindu theology imputing responsibility for action to a fixed immutable being, Ambedkar sought to unsettle and destabilize it by proffering a counter-theology of Buddhism that delinked action from any substantial being, and thereby opened up sovereignty as an empty place of political power. His Buddhism though, was less a religion of selfless renunciation, and more a religion of rupture mediated by the political law of fraternal freedom, actualized in the excessive subjectivity of the Dalit community of converted Buddhists.

The Phenomenon of Dynastic Politics Following Constitutional Court Decision Number 33/PUU-XIII/2015

This research aims at breaking down the dynamics of dynastic politics after the 2020 simultaneous general election and the dynamics between the nomination of regional heads and dynastic politics following the issuance of the Constitutional Court decision no. 33/PUU-XIII/2005. The research found that this local politics phenomenon is triggered by the policy on regional autonomy and decentralization after reformation in bringing about new groups with family ties at local levels who occupy positions in the government. Going by the excuses of freedom and human rights, the groups in this dynastic politics have seen a gradual increase in quantity overtime. This increase happened after the Constitutional Court decision no. 33/PUU-XIII/2015 ruled in their favour. In the ruling, the Court took human rights into their main consideration for reversing the ruling against the ban on the dynastic politics law, which in Article 7 (r) UU 1/2015 may give the impression that the right to political participation is removed.

Politik Hukum Tindak Pidana Perzinahan Dalam Kitab Undang-Undang Hukum Pidana Dan Dalam Rancangan Kitab Undang-Undang Hukum Pidana

Social, cultural, and religious values view that adultery in all its forms, whether committed by people who are married or who are not married, is a very disgraceful act, Political developments adultery criminal laws in the Book of the Criminal Justice Act and the Draft Code of Criminal Law, a. According RKUHP term used to refer to the term fornication is permukahan, b. Based on Article 483 paragraph (1) the concept of KUHP perpetrators of permukahan crimes are threatened with a maximum imprisonment of five years, c. the concept of KUHP is that the concept does not distinguish between married and unmarried perpetrators. d. RKUHP does not require any more for man’s subject to Article 27 BW (Civil Code).

OMNIBUSLAW IS LINKED TO THE ACHIEVEMENT OF COUNTRY GOALS

Omnibuslaw, are a legal product to simplify legislation which is previously, reputed overlapping, with make efficiency process/change information regulations, to delete ego sectoral. However in the formation process, and legalization break Government Regulation Number 12 of the Year 2011, concerning Formating Government Regulations, and be in conflict of interest business politic from oligarchy network available at Parlement, where 55 % (fifty-five percent) member of Parliament is a businessman so that the product of law salted fulfilled with interest authority party and the winner of selection. And if studied further, it will be found articles that are not in favor of the workforce, such as the article on outsourcing, there is no limit on the types of work that may use outsourcing, then all types of work in the main job or main work in a company can use outsourced employees. Thus, the workforce no longer has clarity on wages, health insurance, pension insurance, and job security. The Specific Time Work Agreement system is not explicitly regulated regarding the period, it is only stated that it will be regulated in a Government Regulation or technical rules derived from the Law, Long Leave is submitted to work agreements, company regulations, or work agreements together so that the legal certainty needs to be questioned. Concerning wages for severance pay in the Omnibus Law, workers who are affected by the termination of employment or stop working for other reasons may now no longer receive severance pay.Keywords: Power; Political Instristing; Political Law, Law Product.

Urgency of Strengthening Women Participation in The Building of Gender Justice Based Village

Village building is part of national building which is regulated in Law No. 6 Year 2014 on Village. People participation is necessary in the building of villages, including the participation of women which is still considered very low particularly in generating their aspiration to build villages. Therefore, strengthening women participation in village building is necessary so that policies regarding women issues can be well accommodated in order to realize village building which is based on gender justice. Law research method was appllied in this study using literature approach in order to collect accurate data. The result of this study shows that it is necessary to strengthen women participation in village building which is based on gender justice because it is indicated that political law in Indonesia tends to support the issue corcerning legal protection toward women position as citizens. This is regulated in constitutional foundation in Article 27 section (1), Article 28D section (1), and Article 28I section (2) The 1945 Constitution of The Republic of Indonesia and Article 55 No.6 Year 2014 Law on Village. Women representation in villages aims to solve various issues related to women justice particularly on issues around violence cases which seems like a tip of an iceberg and are unresolved. The efforts to strengthen women participation in village building are built through the form of togetherness, growing from root, trust and openness.

The Political Direction of Indonesian Economic Law as the Conception of Welfare State in the 1945 Constitution

Political law, political economy and political economy law are three concepts that arise from a deep understanding of the 1945 Constitution as statutory norms. A series that tries to align the interests and desires of the 1945 Constitution with the interests of the state and the people's wishes, which often have different views and practices between the two. This article aims to analyze the direction of Indonesian economic law politics policy in the Welfare State conception based on the 1945 Constitution. The method used is a normative juridical approach with descriptive-analytical techniques using qualitative juridical data analysis methods. This article concludes that the direction of Indonesian economic policy shows some adoption of neoliberalism values that have become references in the formulation of monetary policy in Indonesia. As a government law politics, the direction of economic policy must be oriented towards the institutionalization of the status of the Indonesian nation to advance the general welfare. And the "vehicle" for institutionalizing this staatsidee, as formulated in Article 33 of the 1945 Constitution of the Republic of Indonesia, is the concept of a welfare state.