Political Law Research Articles

Tinjauan Politik Hukum Hubungan Antara Partai Politik Lokal Dengan Konstituen Pemilih Berdasarkan Peraturan Pemerintah Nomor 2 Tahun 2007 tentang Partai Lokal Aceh

The existence of the Local Parties in Aceh was officially and legally recognized, in line with the signing of the MoU (Memorandum of Understanding) between the Government of the Republic of Indonesia and the Free Aceh Movement (GAM) which was then stipulated in Law No. 11 of 2006, which is one form of specificity possessed by Aceh Provision. Where technically regulated in implementing regulations Government Regulation No. 2 of 2007. According to the facts from several previous elections that the electability of the local party continues to decline, thus raising the problem formulation of how the relationship between local parties and the constituents from a political perspective law point of view. The results showed that basically the mechanism of relations between political parties and society was simple: political parties needed voters to vote in general elections. Therefore, political parties are forced to pay attention to the wishes of the voters before making decisions regarding party programs and policies. The advice given is that political parties must prioritize the interests of constituency voters in setting strategic party policies so as to increase the dominance of party votes. Keyword: Political Law, Local Political Parties, Constituency voters.

'Social Nature:' Political Economy, Science, and Law in the Anthropocene

Data-driven approaches to environmental governance, such as those promoted by the planetary boundaries concept, permit the rapid circulation of actionable information on environmental performance through transnational networks operating within the political economy. Some of the most promising approaches emerge from structural coupling between science and economics, largely bypassing law and politics and operating in cognitive rather than normative terms. Yet a purely cognitive global ecological law, offering no possibility of stabilisation of expectations, would ultimately be ineffective. I argue that a role for law emerges if the normative dimensions of the condensation of complex scientific insights into metrics with a high degree of resonance in the political economy are taken seriously. Law must do more than transduce scientific data into metrics as though scientists have unmediated knowledge of Earth systems. Rather, the normative dimensions of scientific knowledge-production, notably in processes of judging, arguing, and persuading, create opportunities for the development of norms governing the processes of condensing and translating scientific knowledge of ecological risk into signals of economic risk. As Bruno Latour argues, responses to ecological crisis ought not to be conceived of as a new form of jus naturalis, containing norms and standards dictated directly to humankind by the non-human world; instead, what is required is a jus gentium that accepts the unknowability of the non-human world, and the mediated – and therefore highly normative – channels through which knowledge of that world is derived.

Political Independence, Territorial Integrity and Private Law Analogies

AbstractKant deploys analogies from private law in describing relations between states. I explore the relation between these analogies and the broader Kantian idea of the distinctively public nature of a rightful condition, in order to explain why states, understood as public things, stand in horizontal, private legal relations without themselves being private. I use this analysis to explore the international law analogues of the three titles of private right, explaining how territory differs from property, treaty from contract and the specific form of status relations between nations. I conclude with a brief discussion of the ongoing relevance of these horizontal relations.

INTERNALISASI PRINSIP ETIKA PROFESI KE DALAM NORMA HUKUM POSITIF SEBAGAI UPAYA PENGEMBANGAN FIGUR HUKUM KEPERAWATAN


 The code of ethics is a moral rule for people with professions that serve as a code of conduct (guidelines) in applying science and knowledge to the community. The code of ethics is not a legal norm. Violation of ethical principles will has given the moral and ethics sanctions by professional organizations and is not punishable by law. One of those professions that are bounded to a code of conduct is the nursing profession. Nursing ethics is a measure of professional conduct based on moral values ​​which are believed; ​​those come from universal values and from the local or national characteristics of social and cultural values. But the tendency of change in view of the nursing service that originally is altruism towards services of a commercial nature led to opportunities for moral degradation becomes larger. It required political law that aims to protect the interests of society as a recipient of nursing services through deregulation values ​​and ethical principles into legal norms. The final goal of re-regulation on ethics to the law norms is to provide legal protection and legal certainty in order to create order and social justice have been based on Pancasila.
 Keywords: ethical code, morality, legal norm, nurse.

Political Law of Sidawangi Society towards Customary Rights Over Oro-Oro Land

The study concerning political law of Sidawangi society towards customary right over “Oro-Oro” land is commonly triggered by the presence of the arbitrary village officers. Historically, “Oro-Oro” land is characterised as a communal land, but its management is initiated exclusively through an agreement and doubtful rights. The legal law concerning customary right over “Oro-Oro” land is truly expected by Sidawangi society. The action of arbitrary village officers is deemed to be one of crucial factors to realise their expectation.Furthermore, the rumour of switching “Oro-Oro” land into plantation land by the corporation also toughens the strong desire of Sidawangi society to realize their expectation. The present study aims to investigate the significance of legal law and the warranty of customary rights both in the 1945 Constitution, agrarian law and international conventions. This study is conducted through an interview to Sidawangi society and literature studies regarding customary right over “Oro-Oro” land as expected by Sidawangi society. Customary right over “Oro-Oro” land, initiated by Sidawangi Society in Sumber Sub-District, originally refers to a communal area which has been exclusively possessed. In other words, this type of land is not privately preserved. The people in Sidawangi society are only allowed to maintain and gather the result. The arbitrary of village officers seize trees in “Oro-Oro” land without any kinds of certain customary right. The phenomenon in Lampung has provided insight regarding the conflict occurs when the people expect is not fulfilled. The residents inevitably expect the existence of political law in society towards customary land. The legal protection towards customary right over “Oro-Oro” land is essentially guaranteed by 1945 constitution, Basic Agrarian Law Constitution, and international convention of indigenous community.

Adjusting employment protection legislation to the economic cycle: do transition countries differ from mature democracies?

ABSTRACTAlthough the transition period for post-socialist countries began almost thirty years ago, still little is known about the determinants of changes in labour market institutions during that time. This study is focused on one of these institutions, i.e. employment protection legislation and analyses whether it is adapted differently to the economic cycle in countries that offer various levels of political freedom. The proposed theoretical model predicts that in countries where political freedom is unlimited and law violations are rare, after the positive (negative) macroeconomic shock the formal protection of employees will, on average, be increased (decreased), while in countries where there is no political freedom and law violations are frequent, the formal protection of employees will be rather reduced (extended). Although the main empirical analysis conducted for 43 OECD and post-socialist countries for the years 1993–2009 does not fully support the theoretical model, it confirms that the mechanism of shaping the employment protection legislation in democratic, highly-developed and transition countries has been different than in non-democratic post-socialist states.

Modern Law Aspect on Procedural Decision of Sultan Adam Law

<p align="center">The main focus of this research was analyzing the normative procedural decision of Sultan Adam Law which was applied by Sultan Adam during 1835 AD. Its emergence was for strengthening Islam Aqeedah for its believers and clinging on to Syafii Madhhab. Sultan Adam Law was remarkable to scrutinize, especially when associated with the modern law aspect. By employing the law history approach, this research attempted to respond to Sultan Adam Law procedural decision document issues which were associated with the modern law aspect. It could be seen through several sides such as political law, law substance, arrangement system as well as procedural aspect. The research also responded on how several factors explained Sultan Adam Law included in modern law. Based on the analysis result, it could be concluded that Sultan Adam Law was a written law decision which its existence in Banjarese people contained principles and legal norms as well as several procedural law decisions in a modern way. Although it was simple systematics which did not classify based on article and section, it contained several decision or principles and legal norms.</p>

The Logic of State Authority on the Control of Agrarian Resource (Socio-Anthropological and Islamic Perspective)

The development of property right to land, in its historical trajectory, has shown a fairly dynamic development. In the Indonesian context, the dynamics, at least seen in the diverse conceptions of the state's rights of control over the land from the colonial era with its Domein Verklaring up to the national era with its State's Right of Control. This paper aims to examine issues of legitimacy and authority of state control over land. By using socio-anthropological approach and Islamic law perspective, this study shows that although the logic of the state authority in land tenure takes place dynamically, the existence of indigenous peoples with their customary law and ulayat rights basically has not experienced significant process of change, even though the ruler and political law are different. Both of these concepts in the realm of practice appear to equally place the indigenous peoples following their customary rights in marginalized positions.

The Development of Politics of National Defense Law in Safeguarding Indonesia's Sovereignty in the Era of Globalization

The purpose of this study is to find out how the development of legal politics in the field of national defense since the reform era to the era of globalization. This type of research is normative legal research. This normative legal research is also known as doctrinal law research, using several theories, namely the political theory of law, the theory of popular sovereignty, the theory of authority, the theory of participation, the theory of national resilience. To sharpen the analysis, the writer uses the conceptual framework of the form of the state, the system of government and the concept of national defense. The results showed that the political law of the defense sector after the reform was placed on the concept of civil supremacy, which is based on the 1945 Constitution of the Republic of Indonesia NRI after the amendment pivots to the president as presidential power holder balanced with the role of parliament as a representation of people's sovereignty. President Joko Widodo has actively formulated a number of policies that are derived from the Defense Law, which became his duties and authorities by issuing a number of Government Regulations and Presidential Regulations related to various defense issues that began with Presidential Regulation 97/2015 on the general policy of national defense in 2015- 2019. The Presidential Regulation that has received sufficient public attention is Presidential Regulation 37 of 2019 concerning the functional position of the Indonesian National Army (TNI). This Perpres implements the provisions of article 31 of Government Regulation No. 39 of 2010 concerning the Administration of the Indonesian Armed Forces, which incidentally is the Government Regulation of the President Susilo Bambang Yudhoyono era. Thus in this case there is continuity of maintained political politics. Keywords: legal politics, national defense, sovereignty, the Indonesian National Army (TNI). DOI : 10.7176/JLPG/91-20 Publication date : November 30th 2019

What would John Griffith have made of Jonathan Sumption's Reith Lectures?

AbstractIn his 2019 Reith Lectures on the rise of law and decline of politics, Jonathan Sumption presents a thesis that, on its face, seems identical to that of J.A.G. Griffith's defence of the political constitution. Given the radical differences in their views on equality, democracy, and redistribution—with Griffith working in the tradition of democratic socialism espoused by the Webbs, Tawney and Laski, and Sumption expressing the libertarian philosophy underpinning Thatcherite policies—this is puzzling. This article sets their views in historical and political context and argues that the similarities are superficial, whereas the differences are profound. It then proceeds to show the weaknesses in Sumption's defence of his thesis.

Analysis on How to Improve Competency of Student-affairs-administrators in Colleges and Universities

Facing new situations and development, ideological and political work in colleges and universities presents new characteristics under the new circumstances., which requires student-affairs-administrators to have a correct attitude, grasp the laws scientifically, study new situations, inspiring motivation, broaden work channels, and improve efficiency. Therefore, student-affairs-administrators must enhance their own quality and competency through thoroughly studying the characteristics of college students' ideological work, scientifically grasping the ideological and political laws, and constantly improving the pertinence and effectiveness of ideological and political education.

LAW POLITICS IN SHARIA PERSPECTIVE

Purpose: Law politics is an attempt to create regulations in line with the circumstances and the situation at a time, becoming law politics is a step for the government to establish a legal system to achieve state goal. The scope of political law can’t be separated from other policies. The preparation of law politics must always be sought along with aspects of policies in the field of economy, politic, social, culture, technology and so on and political law as the direction of law development policy of a country and political law is defined as a relationship of mutual influence between law and politic. Political law in shariah perspective can be understood from the text of holy Al-Qur’an, An-Nisa (women) verse 58-59 namely trustworthy and ulil amri (government) namely ulil amri is responsible for the politics of law on its territory. In the development of siyasah Syar'iyah included in the law political science taqnin al Ahkam namely knowledge about the ways Islamic sharia into law. In understanding the scholars that Islamic Sharia law in the political is permitted to benefit the people but still may not be contrary to the Islamic sharia.
 Methodology: The method used in this study qualitatively with data sources consisting of secondary data, namely the results of literature studies and search for documents and articles in the media.
 Main Findings: Law Politics is an attempt to create regulations appropriate to the circumstances and the situation at a time, making the law a step politically for the government to establish a legal system in order to achieve state goals.
 Implications/Applications: The scope of Law politics is that law politics cannot be separated from other policies in the field. Preparation of law politics must always be sought along with aspects of policies in the field of economy, politics, social, culture, technology, and so on and law Politics as the direction of a country's legal development policy and the law Politics is defined as the relationship of mutual influence between law and politics.

KEBIJAKAN DI ERA PEMERINTAHAN JOKO WIDODO DAN JUSUF KALLA (PERSPEKTIF POLITIK HUKUM DAN AGRARIA)

The political development of agrarian law in Indonesia is inseparable from the policies of the ruling government in each period of government. The period of development can be divided into 4 {four} periods, namely the colonial period, the Soekarno administration, the Soeharto era and the Reformation period. After the reformation, several presidential changes, namely Habibie, Gusdur, Megawati and Susilo Bambang Yudoyono, policies on the regulation of natural resources and resources are not clearly seen as the implementation of TAP MPR No. IX / 2001. Discourse related to changes in diagrammatic arrangements has been discussed but not implemented optimally. At present the Indonesian government is being led by President Joko Widodo trying to implement changes to the political law of diagramming in Indonesia

A hoax of blokes: Election 2019

With election season now over, and the carnival moved on, what tricks, old and new, were wheeled out by the troupes on all sides? And what lessons might we learn for the law of politics?

“The Place is Gone!”: Policing Black Women to Redevelop Downtown Boston

Abstract In the late 1960s and early 1970s, Boston politicians and urban managers sought to reverse the city’s postwar capital drain by luring white consumer dollars and private investment. Their recovery plan featured the Adult Entertainment District (AED), which was established to contain burgeoning sexual commerce while demonstrating the vibrancy and economic viability of the city’s downtown core. At the same time, the changing spatial dynamics of interracial sexual commerce, Black economic isolation, and discriminatory practices citywide drew increasing numbers of Black women onto downtown streets. The presence of Black women in formerly white downtown spaces ignited a powerful law-and-order narrative linking race, sex, and violence. Black women became oversignified with sexual deviance and violent criminality amid the urban crisis. The development of the AED experiment and the raced and gendered crime panic posed unique challenges and opportunities for the Boston Police Department (BPD). Like urban police departments nationwide in the early 1970s, the BPD was embroiled in a battle for its authority. But the deeper motivations of economic turnaround guiding the AED ultimately served to strengthen the BPD’s legitimacy. As the separate goals of political officials and law enforcement authorities converged—to redevelop downtown Boston, and to secure urban authority, respectively—the intensifying policing and spatial banishment of Black women in downtown Boston became central to urban recovery strategies. This history demonstrates that aggressive, racially charged morals policing was deployed to prepare the city for an influx of white capital.

Hukum Islam dan Politik Hukumnya dalam Hukum Nasional

Development of National law must pay attention to many aspects, one of which is Islamic law. Islamic law itself has become part of three main sources of law that build national law, namely Islamic law, customary law and western law. Thus, it is important to understand how the legal basis and politics of Islamic law is in the development of national law in the future. This study was conducted in a normative and sociological approach, that Islamic law is guided and preserved by Muslim communities. The results of this study showed; first, the Islamic legal basis in National law is the first principle of the Pancasila and Article 28 E paragraph (1), (2) and Article 29 of the constitution. Pancasila and a quo Articles are not only guarantee the implementation of ubudiyah, but also which are divided into muamalat, munakahat, and jinayat. Various rules have been issued in these fields. Second, the politics of Islamic law in the future must build maintain the Islamic law and renewal (tajdid) of Islamic law in Indonesian context. Keywords: Political Law of National Laws

Transformation of the Socio-Political Sphere in Digital Era: Some Problems of Value-Normative Harmonization

The article problematizes the functioning, on the one hand, of traditional value-normative regulators, ensuring socio-cultural integrity and social and political dynamics, and on the other, the development of standards for the development and application of digital algorithms, autonomous robotic systems and artificial intelligence. It discusses various approaches and theoretical and practical positions that argue and model the development of a socio-political organization in the digital era, and describe fundamental changes in political communication, law and order, public-power interaction, etc.
 
 The authors argue that the introduction of digital algorithms and robotic technologies radically changes the basic sociocultural meanings and the socio-political landscape, the formation of new types of social relations, where people, things, machines together form special modes of functioning, specific relations. The work proves that these cardinal changes require fundamentally new theoretical and methodological approaches to research, and new tools for political modeling and forecasting. The problems of legislative and ethical regulation of the processes of informatization and technological development of the society are discussed separately. The final part of the research shows that modernity poses the fundamental problem of correlating digital and socio-cultural trends in the development of political space, their contradictions and the inevitable convergence of socio-cultural, traditional socio-political dominants of development with digital trends and life forms. The article proves that harmonization of existing value-normative regulators and standards of digital algorithms and artificial intelligence systems being developed is necessary, since the latter can be a key guarantee for the formation of an effective system of social system development and its stability in the digital age.

The Role of Law and Legislation in the Philosophical Politics of Plato’s Republic

Abstract Law, often neglected in treatments of the Republic, is essential to the philosopher-kings’ rule. Only law accomplishes the partial divinization of citizens at which philosophical politics aims. Socrates’ interrogation of Thrasymachus and Glaucon reveals law to be a command whereby citizens participate in philosophical knowledge and limit the pleonexia congenital to humanity. Law does so primarily by instilling in souls a true opinion resistant to pleonectic passion, producing a state of political virtue. This primary work is supported by the musical and poetical education, itself shaped by law for the sake of law. Law persuades and compels the soul by appealing to both reason and spiritedness, enabling them to overcome the appetites. The soul’s consequent acceptance of truth and resistance to the passions indeed makes it resemble divinity. In so transforming the citizens through the law, the philosopher-king also unifies the city and makes it happy under his rule.

CONTRIBUTION OF ISLAMIC LAW IN INDONESIAN LEGAL POLITICS

Some Indonesian people assume that Legal Policy is not much different from the politicization of law, and some other people conclude that legal policy is the political domination of the law. This view or conclusions about legal policy is high mistake or fault. In the context of Indonesian legal science, the legal policy in the direction of legal policy issued officially by the state and all its attributes to achieve the country or state goals. So, what the mean about the legal policy on Islamic law? The meaning of Islamic LegalPolicy is the contribution of Islamic Law in various legal developments in Indonesia, which aims to help realize or achieve the objectives of the implementation of the Unitary State of the Republic of Indonesia. This paper will discuss and present descriptions of the concepts of Islamic LegalPolicy in Indonesia and the contribution of Islamic Law in the development of Indonesian national Law, which is oriented towards efforts to realize the ideals and objectives of the establishment of the Indonesian Law.

Lone Anarchists and Peace Pilgrims: The Relevance of Political Motivations to Sentencing

In late 2017, a Tasmanian ‘anarchist’ wearing a ‘Vote Yes’ [for same-sex marriage] badge headbutted former Prime Minister Tony Abbott. A few months later, six ‘peace pilgrims’ were sentenced for trespassing onto the Pine Gap military base as part of a political protest. These two cases raised the important question of what effect (if any) offenders’ political motivations should have on their sentences: an issue which has received surprisingly little academic attention in Australia to date. This article examines the general relevance of political motivations to sentencing. It identifies two distinct approaches that have been taken in the Australian case law: a sympathetic approach, in which political motivations are considered to be mitigating; and an unsympathetic approach, in which politically motivated offences are seen to require strongly denunciatory and deterrent sentences. It explores the factors that influence sentencing judges’ adoption of a particular approach, and sketches out some key principles that should guide judges when determining whether an offender’s political motivations are mitigating, drawing on a combination of political philosophy and Australian constitutional law.