Demokrasi Dan Negara Hukum

Muntoha, Muntoha

doi:10.20885/iustum.vol16.iss3.art4

Cited by 18 publications

(15 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…Second, they recognize that Islam provides a set of socio-political principles. (Muntoha, 2009). As for sociologically this term has become acceptable for Indonesian people.…”

Section: Sovereignty and Its Relationship Withmentioning

confidence: 99%

Islamic Expansion in the Ideology of Pancasila and State Sovereignty

Pohan

Vinata

2019

ipsr

View full text Add to dashboard Cite

Islam is a religion that is adopted by the majority of Indonesian people and is believed to be a guide to life in order to obtain salvation in the world and in life after death. It makes a significant contribution to the initial process of negotiations to formulate the nation's philosophy of life, namely Pancasila. As a life guideline, the Pancasila nation and state are the main reference to conceptualize the sovereignty meaning which is then derived into International Law owned by Indonesia. This article uses the approach of discourse analysis in the implementation of Islamic values in the ideology of Pancasila. Islam's most important contribution to Pancasila is the 'monotheism' element which is the essence of Islamic teachings. Therefore, the dichotomy of Islam and Pancasila, or Islam and Negara Kesatuan Republik Indonesia (NKRI) becomes no longer relevant.

show abstract

“…Second, they recognize that Islam provides a set of socio-political principles. (Muntoha, 2009). As for sociologically this term has become acceptable for Indonesian people.…”

Section: Sovereignty and Its Relationship Withmentioning

confidence: 99%

Islamic Expansion in the Ideology of Pancasila and State Sovereignty

Pohan

Vinata

2019

ipsr

View full text Add to dashboard Cite

show abstract

“…At the practical level, the principle of democracy or popular sovereignty can guarantee the participation of the community in the decision-making process, so that any legislation that is implemented and enforced truly reflects a feeling of community justice. [7] However, democracy is not the only form of regulation in the life of the nation and state. There are other forms that can also be used in decision making.…”

Section: A Democracy In the Concept Of People's Consultationmentioning

confidence: 99%

Musyawarah and Meaning of Sovereign People in People's Democracy Perspective Pancasila Values

Megawati¹

2019

Proceedings of the First International Conference on Progressive Civil Society (ICONPROCS 2019)

View full text Add to dashboard Cite

People's sovereignty or modern democracy is a democracy with a representation system, people choose someone from themselves to represent it. The Indonesian state, which has known the order of democratic life since before the Indonesian state was born, namely people's sovereignty or democracy based on the values of consideration to reach consensus.The sovereignty of the people is designed to empower the important role of representative institutions that develop with the power of the people that are adapted to philosophical values in the life of the nation and state.The results of this study are development, democracy in Indonesia, more directed towards modern systems leading to liberalism (west / election) than traditional systems (deliberations). So that Democracy in Indonesia is no longer in line with the ideals and goals of the country compiled by the founder's nation based on the state of Pancasila and the 1945 Constitution.This study uses descriptive philosophical normative study methods.

show abstract

“…The concept of state law is defined as supreme, where every action should be based on the law (Muntoha, 2009). Mochtar Kusumaatmadja stated that the definition of state law is a state which is based on law, where the power is rooted in law, and everyone is equal before the law (Kusumaatmadja, 2002).…”

Section: Introductionmentioning

confidence: 99%

Abuse of Authority: A Meaning Deconstruction

Anggraeny

Marbun²

2020

JHN

View full text Add to dashboard Cite

Introduction to The Problem: As part of the organization of the government duties and community services, the authority to make a decision is attributed to the government officials (inherent aan het bestuur), which has led many to become a suspect and a convict. On the other hand, it is believed that the government's policies are not subject to the law. This paper analyze abuse of authority according to a meaning deconstruction. Purpose/Objective Study: This study aims to determine to analyze abuse of authority according to a meaning deconstruction Design/Methodology/Approach: The research applied normative juridical approach as the logical consequence of sui generis of law. Findings: Each network of a structure of meaning is always presented in the form of binary opposition. One of the elements is marginalized and abandoned. Similarly, in the field of law, the term "abuse of authority," which is often connected to the damage that occurs to the state's financial condition, is seen as an absolute part of the Criminal Law. Arbitrarily, it replaces the function of the State Administrative Law. The "financial loss," which is then known as corruption, is the result of 'abuse of authority,' originated from the State Administrative Law. Through Jacques Derrida's perspective, a marginalized binary opposition is made into being. It is not to dominate others, but to share the views. The disjuncture between the state administrative law and criminal law has caused an unresolved issue of corruption. Through Paul Scholten's perspective, in essence, the criminal law has abandoned the social fact that there is a strong correlation between the deeds in the state administrative law and those in the criminal law, which is in the theoretical domain of administrative criminal law. The abandonment is against the hulprecht principle related to the implementation of the law mentioned above. The research employed a normative juridical method based on secondary data using philosophical, conceptual, and legal approaches. Originality: This article discusses specifically abuse of authority, a meaning deconstruction in terms of criminal law and state administrative law Paper Type: General Review

show abstract

Demokrasi Dan Negara Hukum

Cited by 18 publications

References 0 publications

Islamic Expansion in the Ideology of Pancasila and State Sovereignty

Islamic Expansion in the Ideology of Pancasila and State Sovereignty

Musyawarah and Meaning of Sovereign People in People's Democracy Perspective Pancasila Values

Abuse of Authority: A Meaning Deconstruction

Contact Info

Product

Resources

About