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Journal ArticleDOI

Fungsi Falsafah Negara Dalam Penerapan Konsep Negara Hukum

01 Jun 2014-Jurnal Cita Hukum (LP2M Universitas Islam Negeri (UIN) Syarif Hidayatullah Jakarta)-Vol. 2, Iss: 1

AbstractThe function of Philosophy State; The application Concept in State laws. One form of the modern state is a state law that is considered more modern and humane in comparison with ancient conception of the state power. However, not all countries have expressed and declared its country as having a basic law of the state or country state philosophy. Preferred the birth of Pancasila as the state, on the other hand the whole constitution in force ever and always include Pancasila and state law as the concept of the Indonesian state. This paper focuses on a critical analysis of the functioning of the state philosophy in the application of state law in the Indonesian context. Abstrak : Fungsi Falsafah Negara Dalam Penerapan Konsep Negara hukum. Salah satu bentuk negara modern adalah negara hukum yang dianggap lebih modern dan manusiawi dibandingkan dengan konsepsi kuno mengenai negara kekuasaan. Namun tidak semua negara yang menyatakan dan mendeklarasikan dirinya sebagai negara hukum mempuntai dasar negara atau falsafah negara. Pancasila kelahirannya sudah dikehendaki sebagai dasar negara, disisi lain seluruh konstitusi yang pernah dan sedang berlaku selalu mencantumkan pancasila dan negara hukum sebagai konsep negara Indonesia. Tulisan ini menfokuskan terhadap analisis kritis tentang fungsi falsafah negara dalam penerapan negara hukum dalam konteks Indonesia. DOI:  10.15408/jch.v1i1.1448

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Citations
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Journal ArticleDOI
Abstract: The single article by M. Fryde on modern corporations is largely devoted to explanation of the Berle and Means thesis on the control of modern corporations and the supporting findings of the T.N.E.C. The author compares this point of view to that of James Burnham to the latter's disadvantage. Although this is by no means an original approach, supporting conclusions by some French and German writers not always available in translation give this article some value. The article on Andrew Wolan by C. Jarra is the only one that provides something new for the American or English reader. Wolan was evidently a leading writer and politician in the Calvinist movement in Eastern Europe, although it is not clear what his writings and leadership contributed to modern Poland. On the whole, this volume suffers from a lack of integration or plan. In addition, no subject touched upon was explored with any high degree of thoroughness. Finally, the prefatory note that \"the authors . . . do not necessarily represent the views of the Association,\" seems somewhat futile since very few distinct points of view are expressed. This latter omission, though regrettable, was perhaps deliberate and is understandable.

361 citations


Journal ArticleDOI
31 Aug 2018
Abstract: The state of Pancasila law is a tool for people who have the power to regulate human relations in society and regulate the symptoms of power in society. As a country with the largest Muslim population in the world, Indonesia does not make Islam its legal basis. The Islamic Nomocracy and its values are embedded in the state of Pancasila law, as well as manifestation of democracy itself. Through these hyphoteses, the writer tries to find a common flateform between Pancasila and the Islamic Nomocracy in the formation of Indonesian democracy. This classic problem requires special attention, because the debate always triggers reactions and actions. Islam as a religion with complex system of living is believed to be a powerful mechanism in dealing with various life problems encountered. The Shari’ah consists of a combination of pre-Islamic customs and habits with principles and laws originated from the Qur’an and authentic prophetic tradition. Islamic scholars try to form Islamic teachings as ethical and national policies. Even so, the principle of the Pancasila state was accepted as final, at least there were Islamic nomocracy values embedded in the Pancasila while at the same time they contributed to build Indonesia’s democracy as a modern country. The theological values in the Pancasila and islamic nomocracy should not be a mere formal rule, but should address the substance of democracy in Indonesia. The rule of law must be supported by a democratic system because there is a clear correlation between the rule of law which relies on the constitution, and the sovereignty of the people which is carried out through a democratic system. In a democratic system, people’s participation is the essence of this system. However, democracy without legal regulation will lose form and direction, while law without democracy will lose meaning.

6 citations


Cites background from "Fungsi Falsafah Negara Dalam Penera..."

  • ...…(Online) 2550-0090 The Manfestation of Indonesian Democracy; Between Pancasila State of Law and Islamic Nomocracy 193 The state of Pancasila law is a tool for people who have the power to regulate human relations in society and regulate the symptoms of power in society (Chandranegara, 2015)....

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  • ...Between Pancasila State of Law and Islamic Nomocracy 193 The state of Pancasila law is a tool for people who have the power to regulate human relations in society and regulate the symptoms of power in society (Chandranegara, 2015)....

    [...]


Journal ArticleDOI
Abstract: One of the tasks of the Ministry of Agrarian and Spatial Planning/National Land Agency of the Republic of Indonesia is to provide types of land rights in each region throughout Indonesia. The purpose of this study is aimed for the institution of the National Land Agency throughout Indonesia to provide land rights based on the type of land allocation and its usage. This is a normative legal study in which data were collected through library research with the support of empirical data from the Land Agency of Medan. The allocation system, a type of land zone division system, is utilized by the Municipal Land Affairs Office of Medan to establish land rights. Building rights are granted by the Land Agency when a zone has been allocated as a trading area, although in practice there are still a lot of lands used for residential purposes. The designation system for the granting of land rights assigned by the Municipal Land Affairs Office of Medan, based on Regional Regulation No. 2 of 2015, failed to uphold justice for the people of Medan that applied for the rights to the land under their name. Therefore, a more applicable system is the existing spatial system or a system based on the land’s actual use in practice Keywords: National Land Agency, spatial planning, allocation system, land use, spatial management

6 citations


References
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Book
01 Jan 1945
Abstract: Widely regarded as the most important legal theorist of the twentieth century, Hans Kelsen is best known for his formulation of the "pure theory of law", - within which the study of international law was his special field of work. The present volume, "General Theory of Law and State", first published in 1945, allowed Kelsen to adjust his pure theory of law to American circumstances after World War II. It also afforded him the opportunity to present to English-speaking readers his latest ideas on the supremacy of international law. The volume is divided into two parts: the first devoted to law, the second to the state. Together these topics constitute the most systematic and comprehensive exposition of Kelsen's jurisprudence. The volume is not only a compendium of Kelsen's lifework up to that time; it is also an extension of his theories, "to embrace the problems and institutions of English and American law as well as those of the Civil Law countries". Indeed, references to Continental European law are minimal compared with examples, scattered throughout the text, taken from the U.S. Constitution and several American court cases. This is more than a concession to American readers; it signifies that Kelsen's legal theory is truly general in that it accounts for the Common Law as well as the Civil Law. A systematic treatise on jurisprudence, "General Theory of Law and State" is a substantial reformulation of Kelsen's ideas articulated in several of his previous books, written in German. The juridical principles put forth by the most important legal theorist of the twentieth century remain of great value. This volume will be read by legal scholars, political scientists, and intellectual historians.

759 citations


Journal ArticleDOI
Abstract: The single article by M. Fryde on modern corporations is largely devoted to explanation of the Berle and Means thesis on the control of modern corporations and the supporting findings of the T.N.E.C. The author compares this point of view to that of James Burnham to the latter's disadvantage. Although this is by no means an original approach, supporting conclusions by some French and German writers not always available in translation give this article some value. The article on Andrew Wolan by C. Jarra is the only one that provides something new for the American or English reader. Wolan was evidently a leading writer and politician in the Calvinist movement in Eastern Europe, although it is not clear what his writings and leadership contributed to modern Poland. On the whole, this volume suffers from a lack of integration or plan. In addition, no subject touched upon was explored with any high degree of thoroughness. Finally, the prefatory note that \"the authors . . . do not necessarily represent the views of the Association,\" seems somewhat futile since very few distinct points of view are expressed. This latter omission, though regrettable, was perhaps deliberate and is understandable.

361 citations


Book
01 Jan 1971

46 citations


Book
01 Jan 2003
Abstract: Dimotivasi oleh langkahnya kajian tentang negara dalam perspektif hukum Islam di Indonesia, didasarkan pada penelitian mendalam, penulis menuangkan hasilnya dalam buku ini Buku ini mencakup tema - tema seputar:rnHubungan agama, negara, dan hukumrnPrinsip - prinsip negara hukum menurut Al-Qur'an dan SunnahrnPenerapan prinsip - prinsip negara hukum pada masa kini

43 citations