Prerogative Rights Research Articles

Penerapan Grasi Dalam Perspektif Hukum Pidana Bagi Terdakwa

In the presidential system of government, there are prerogative rights that are only owned by the head of state as the leader of the country. Clemency is regulated under Law Number 5 of 2010 on Clemency on the amendement of Law Number 22 of 2022 on Clemency. One of the uses of prerogative rights is to provide relief to several convicts by granting clemency. The granting of clemency by the President is based on humanity and without any interference from other parties or other state institutions. Although the granting of clemency is in the hands of the President due to the ownership of the prerogative, the consideration of granting clemency must be considered by the Supremen Court, the Prosecutor, and the Minister of Law and Human Rights so that there is cooperation between the relevant legal institutions. Clemency is utilized by several convicts, especially death row convicts, to cut the sentence imposed on them so that the executive of the sentence becomes shorter from the first time the decision is read out by the judge at the first level court.

Henry II, the council of Oxford and Angevin overlordship in Leinster, 1177–85

Abstract: This paper contextualises an original, hitherto overlooked, charter of Robert Poher that sheds new light on King Henry II's overlordship in Ireland. From its text it may be inferred that Henry infringed on the rights of Strongbow as lord of Leinster by granting Robert Poher land that was to be held by him and his heirs directly of the king and his heirs. The charter dates from around the time of a royal council held at Oxford in 1177 when, in the wake of Strongbow's death, Henry II made a tripartite custodial division of the military services owing from Leinster. Henry's action predates the better-known encroachments on the prerogative rights of the lord of Leinster by his son, John, following the assumption in 1185 by the latter's personal household of responsibility for Angevin lordship in Ireland.

Trial by Media: Role and Impact on the Administration of Justice

Trial by media is a dynamic process in which the parties are exposed to public opinion and condemned without being heard. The media, a scapegoat under the guise of press freedom, after hindering justice, defaming one or more individuals, destroying numerous people's reputations, infringing on the right to privacy, and disrupting the fair trial process. Hence, media gains formal prerogative rights to render decisions in cases and convey them to the public as true. The media is the foundation of the news industry, thus everything the public learns about an incident is first scrutinized via its lens and then reported on by the media, which portrays its likelihood as nothing more than trials. This research seeks to explore the role of media trials in judicial proceedings and analyze how they impact in the administration of justice. This was made possible through the use of qualitative research, specifically documentary analysis using secondary data acquired from the study's literature. Findings show that media trials interfere with the judicial process and have a negative impact on the administration of justice and the rights of the accused.

The Shifting of the President Prerogative Powers in the Presidential System Post Amendment to the UUD 1945 in Indonesia

Objective: To look for a shift in presidential power from the development of the constitution and constitutional practices in Indonesia. After the amendments to the 1945 Constitution were made, there was almost no authority the President could exercise alone without seeking approval or consideration from other institutions, except for the appointment of ministers. The research aims to determine the factors that cause the President's Prerogative Powers to be inconsistent with the ideal conception of the Indonesian constitutional system. Since the beginning of Indonesian independence, the constitution has placed the prerogative rights of the president very dominantly, now after very fundamental changes to the constitution it also has implications for shifting the prerogative power of the president. Method: The research used juridical-normative. The approaches used in this research are the Legislative Approach, Conceptual Approach, and Historical Approach. Results: In a presidential system, the president has absolute authority in appointing ministers, although in practice the president is also closely tied to supporting parties or other parties who have made political commitments to the president. In the 1945 Constitution after the amendment, there is no longer anything that is truly a prerogative power of the president that can be exercised without obtaining approval or consideration, especially from the People's Representative Council as the people's representative institution. Conclusion: Prerogative power also has an undemocratic and potentially dangerous tendency, so to increase public accountability, the use of prerogative power by the President must apply power by involving institutions as representatives of the people.

THE PRACTICE OF ESTABLISHING ISLAMIC LAW BY INDIGENOUS PEOPLE: A STUDY OF FIVE VILLAGES IN KEDEPATIAN SEMERAP, KERINCI REGENCY

Every fatwa issued by the ulama for a particular village in Kerinci refers to the adage, specifically in the five towns of the Semerap Kedepatian. In these five villages, the fatwas were issued and legitimized by the adat community. This article aims to determine what decisions are made and how the practice of establishing Islamic law by indigenous peoples in the customary area of the Kedepatian Semerap, Kerinci Regency. This type of research is qualitative field research. The data sources in this study are divided into two, namely, primary sources and data originating from traditional stakeholders, including elements of four types of adat, namely depati ninik mamak, tonggak pemarang, cerdik pandai, and ulama. While secondary data, namely documentation of customary decisions in the Semerap Kedepatian customary area. Data collection techniques were used in the observation, interview, and documentary research. The data analysis technique used is data condensation, data presentation, and conclusion drawing (verification). The study results show that the decisions of Islamic law determined by the adat community are Islamic legal decisions which are furu’iyyah (branching), not ushul (principal) issues. The issues of the Islamic law that were decided included marriage (dowry), sunnah worship (terawih prayers and distribution of qurban meat), and once agreed on the issue of ushul (zakat). The practice of establishing Islamic law in the Kedepatian Semerap area was carried out at the gedang house, which was attended by four elements consisting of elements of depati ninik mamak and elements of ulama, elements of tonggak pemarang (post-duty ninik mamak), and elements of cerdik pandai. Determination of Islamic law is carried out by deliberation and consensus, and if no agreement is reached, the depati will use his prerogative rights in making legal decisions.

Al-Quran dan Semantik Toshihiko Izutsu

In understanding the Koran, there are many approaches that can be applied, including by using the semantic approach proposed by Thoshihiko Izutsu. One of the cases raised by Tashihiko's semantic approach is to understand the concept of maqam, the choice of using semantics in understanding the Koran will result in a comprehensive understanding other than what is done by conventional tafsir scholars. The steps taken in Tashihiko's semantic are searching for keywords, looking for basic meanings and relational meanings which include syntagmatic and diachronic analyzes, looking for synchronic and diachronic meanings which include 3 periods, namely, pre-qur'anic, qur'anic and post-qur'anic. , and determine weltanschoung. With these steps, it is found that the word maqam has several results, namely (1) The word maqam and its revasion is mentioned 18 times in the Koran with 7 invented words, namely, مَقَام, مَقَامِي, مَقَامِكَ, مَقَامَهُمَا, مُقاَمَ|, مُقاَمًا, and المُقاَمَةِ. What is contained in 16 letters, namely, 1) QS. Al-Baqarah, 2) QS. Ali Imran, 3) QS. Al-Maidah, 4) QS. Yunus, 5) QS. Ibrahim, 6) QS. Al-Isra ', 7) QS. Maryam, 8) QS. Al-Furqan, 9) QS. As-syu'arah, 10) QS. An-Naml, 11) QS. Al-Ahzab, 12) QS. Fathir, 13) QS. As-Shaffat, 14) QS. Ad-Dukhan, 15) QS. Ar-Rahman, and 16) QS. An-Naziat. (2) Weltanschauung said maqa m is: 1) Maqa m means al-wa'du wa al-wa'id, 2) Maqam means al-hijr, and 3) Allah means the holder of prerogative rights.

MEWUJUDKAN PEMERINTAHAN EFEKTIF DALAM SISTEM MULTIPARTAI

Multiparty system is a product of a pluralist or plural society structure, both in terms of religiosity, ethnicity, and socio-economic. The party system should support the formation of a strong and clean government system and increase the effectiveness of government or the level of representation, but in reality each party is more concerned with their respective interests. The multiparty system in a presidential system in Indonesia makes the government instability in Indonesia. This mix is ​​believed to tend to give birth to minority presidents and divided governments. There are four important things that influence the multiparty system on presidential systems in Indonesia. First, the multiparty system affects the fragility of coalition ties in the DPR. Second, the excessive control of the DPR disrupts the effectiveness of government. Third, the multiparty system affects the power of the vice president which is more dominant in the government and Fourth, the president's prerogative rights are reduced.

Cabinet Formation Elections: Among Opposition, Coalition, or Collegiality of The Party’s Chairperson

Constitutional change is always tinged with a tense and lasting political constellation in both national and international contexts. the existence of transactional politics to gain seats constantly influences political dynamics in the election period. The method used in this research is the doctrinal method. Indonesia applies a presidential government system but does not fully follow the existing doctrine. several coalitions in the government coalition were made. As a result when the President and Vice President are nominated. political parties that support the nomination feel they have the right to join the government, as in the parliamentary system of government. The cabinet filling model is also influenced by supporting parties. It shows that political parties can collaborate to form a joint government, however, the President has the prerogative in determining who will be his minister. It should be carefully noted down that our country is a country adopting a presidential government system. As a result, the formation and the ministers elections of the government is not at the hand of the chairperson of the political parties coalition, but fully at the hand of the president as the President’s prerogative rights. This cannot be proceeded. Chairperson of the Political parties in a coalition may expect to get some seats of powers (minister) from the President
 Keywords: cabinet; election; political; party; chairperson

PERGESERAN HAK PREROGATIF PRESIDEN PASCA AMANDEMEN UNDANG-UNDANG DASAR 1945

The President as the Head of State has prerogative rights besides having authority in outgoing relations contained in the 1945 Constitution. In the case of the formation, amendment and dissolution of state ministries after the 1945 Constitution Amendments do not become the full authority of the President, but are based on the law (Article 17 paragraph (4) of the 1945 Constitution), so that there will be no more unilateral dissolution of a state ministry by the President. The issues to be discussed are as follows: What has been changed in the amendment to the 1945 Constitution regarding the President's Prerogative Rights, and how the amendments to the 1945 Constitution on the President's Prerogative Rights on the government system in Indonesia. With the amendment of the 1945 Constitution four times, it has an influence on the position of the President in exercising his prerogative rights. The President's prerogative right before the amendment is not fully implemented to carry out the President's Constitutional obligations, but is related to political content. After the amendment to the 1945 Constitution there was a shift in the application of the President's prerogative rights, namely by including other state institutions in the implementation of the prerogative. Amendments to the 1945 Constitution on the President's Prerogative Rights did not result in a change in the Indonesian government system.

Classification of the Mainstay Economic Region Using Decision Tree Method

The development of the region cannot be separated from the concept of economic growth and the determination of the mainstay region as a regional center that is expected to have a positive impact on economic growth to the surrounding regions. In fact, the determination of the mainstay region is a difficult thing to do. Some cases of the determination of the mainstay region are mostly on the basis of the prerogative rights of the policy makers without carefully seeing the achievements of the development of a region. The objective of this study is to develop a classification model of the mainstay economic region using computational techniques. The decision tree methods of NBTree and J48 are used in this study and combined with Klassen typology. The results of this study show that J48 algorithm has better accuracy than NBTree in the formation process of decision tree. The accuracy of J48 is higher than NBTree i.e. 68.96%. The comparative result of the classification of the mainstay economic region between Klassen and J48 shows that there is a shift in the class position of the development quadrant. In Klassen classification, there are three regions that are categorized into the mainstay regions with advanced development and rapid growth (K1). Meanwhile, J48 results show that there is no region categorized into K1. However, the mainstay economic region on J48 is based on the level of development with the level below K1, i.e. K2. J48 classification results show that there are ten regencies that are categorized into the mainstay economic regions, namely Biak, Regency of Jayapura, Jayawijaya, Kerom, Merauke, Mimika, Nabire, Ndunga, Yapen, and the Municipality of Jayapura.

Comparison of the President Prerogative Rights in Indonesia Constitutions

Prerogative rights can be interpreted as privileges or privileges, The Indonesian constitutional history that has used several constitutions indirectly has implications for the practice of the use of prerogative rights in Indonesia. This study research on the preogrative rights of the President in the Constitutions of Indonesia. The approach used in this study is normative juridical with the law approach model. It is concluded that the use of prerogative rights has ups and downs influenced by the concept of checks and balances and distribution of power. Therefore, the use of prerogative rights as in the previous constitution is more directed to heavy executives who do not require confirmation to other state institutions, now it has begun to be restricted so the use of the term prerogative privileges is no longer pure as before. Keyword: President, Prerogative Rights, Indonesia Constitution

The concept of the Royal Prerogative in parliamentary debates on the deployment of military in the British House of Commons, 1982–2003

The article will discuss how one political key concept, the Royal Prerogative, was discussed in the British House of Commons in relation to the right to deploy and use armed troops abroad during the period 1982-2003, a time when the role of the British Parliament in decisions to deploy and commit troops to an armed conflict abroad was under extensive discussion in Parliament. This discussion began increasingly to address the state of the constitutional arrangements, more specifically the redefinition of the Royal Prerogative rights, the residual powers of the executive, as outdated in the understanding of modern representative democracy. The use of the concept was studied to reveal the attitudes towards the constitutional state of the country. However, the legal implications of the concept remained unchanged despite such criticism. The discussion on the role of Parliament consequently bypassed the concept and focused on the parliamentary convention defining the role of the House of Commons to emphasize a prior role instead of a retrospective role.

Idiots, lunatics and the royal prerogative in early Tudor England

This article examines the care and custody of the insane under the common law in the late fifteenth and early sixteenth century. Lectures given in the Inns of Court and records of actual idiots and lunatics suggest that, despite the king's prerogative rights over the insane, there seems to have been a general recognition that their families could often provide for them. While the king did not abdicate all his claims to their custody, the administration of those claims demonstrates that a balance could be maintained between the letter of the king's feudal rights, and familial and social expectations of the treatment of the insane.

Sistem Hukum Islam Dan Anglo Saxon : Kajian Perbandingan Pemikiran Al-Thufi dan Roscoe Pound

This article is aim to disclose the principle of the differential of Islamic laws system between al-Tufi’s thought and Anglo Saxon concidering sociological jurisprudence from the thought of Roscoe Pound about the rule of general demand toward long reactualization. General demand according to al-Tufi’s is the realization from maqashid al-shariah concept. If the general demand orders law reactualization could be down although seems to take opposite of the nash will. Further more at expresses bravely that social demand is the goal from Islamic law while commandement and other Islamic Law verse are the method for realizing the goal. The same thing is briefly said by Roscoe Pound. But he addresses the actual change of Anglo Saxon law system committing to justice and maximum utility needs limitation like equity consuming limitation and the power to have equity limitation. Although we find the same perception about social demand concept but we still can find the difference in the scope of demonstration. Al-Thufi did not provide specific information, but we could guess that the establishment only limited to human rights (mu’amalah), and excluding the prerogative rights of Allah. On other hand we clarify the specific information toward social demand which needs the law actualization according to human social life dynamically.

War and the emergence of the English parliament, 1297–1360

Although the opening of the Hundred Years' War led the kings of France and England to make similar demands upon their subjects, the effect on the monarchy and on the Estates was markedly different in the two countries. In England taxation gave parliament a central role in the medieval polity while in France it strengthened first local autonomy and then absolute monarchy. Because parliament had an inescapable obligation to grant taxation for common defence, the Commons sought to limit this to periods of open war, and to criticise and control the handling and expenditure of the tax. The character of taxation, as levied by common assent and for the common profit, likewise permitted resistance to the extension of prerogative rights and the assertion of parliament's right to grant the tax on wool. In these matters the Commons were forced into a defensive dialogue with the Crown over their obligations which educated them in political argument and the techniques of parliamentary opposition. The power to levy taxation on grounds of ‘necessity of state’ strengthened both monarchies; but in England this was subject to the assent and authority of parliament which thereby emerged as a political institution concerned with the common needs of the realm.

Studies in International Law

1. The Doctrine of Jurisdiction in International Law 2. Reflections on a Commercial Law of Nations 3. The Law Governing State Contracts 4. The Proper Law of Contracts Concluded by International Persons 5. About the Proper Law of Contracts between States 6. State Contracts and International Arbitration 7. State Contracts and State Responsibility 8. The Enforcement of Treaties by English Courts 9. The Assignability of Treaty Rights 10. International Delinquencies before Municipal Courts 11. Judiciary and Executive in Foreign Affairs 12. The Sacrosanctity of the Foreign Act of State 13. The Legal Consequences of Sabbatino 14. Prerogative Rights of Foreign States and the Conflict of Laws 15. The Effect of Changes of Sovereignty upon Nationality 16. The Effect of State Succession upon Corporations 17. International Corporations and National Law 18. The 'Interpretation' of the Constitutions of International Financial Organizations 19. The Interpretation of Uniform Statutes 20. The Present Legal Status of Germany 21. Germany's Present Legal Status Revisited

Nathan v. Inspector-General of Police.

Mandates — Palestine — Detention of Enemy Aliens — Powers of the High Commissioner.Alien Enemies — Detention of — Whether Prisoners of War — Writ of Habeas Corpus on Behalf of Alien Enemies and Prisoners of War — Powers of High Commissioner of Palestine — Whether Including the Prerogative Rights of the Crown.

"The Poisoning of a People."

LaGrange, Texas, November 1896. <h3>To the Editor:</h3> —In your editorial " The Poisoning of a People," I find sentiments expressed which, although one comes across similar expressions of late in the secular press, are never-the-less in my humble judgment not quite up to the high standard of theJournal; besides do such expressed sentiments remind me of the gloomiest days in my recollection; of the days of my boyhood, when the native born citizen looked with the utmost contempt on his foreign born neighbor and when in his desire to curtail the rights and privileges of these foreign born people, he would resort to the most stringent and desperate measures and would even arm himself and fight battles in the streets of our cities—<i>e.g</i>., St. Louis, Mo., to defend his so-called prerogative rights against imaginary encroachments of the despised foreigner. The views expressed in theJournaland the sentiment of