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The Reconstruction of Village Governance Towards Good Governance (Study in Kalianda District, South Lampung Regency)
Get PDFThe reconstruction of village governance begins with the promulgation of the village law to protect and empower villages to become strong, advanced, independent and democratic. This paradigmatic law to bring the changes to village governance at the regional government level. The construction of the autonomy of the village law places village arrangements as part of the concept of decentralisation and village autonomy. These changes have implications for the shift in position, extent of authority, power relations and implementation of financial policies between villages and local governments. This study used a normative-empirical approach. The results of the study showed that the implementation of the reconstruction of village governance requires a unified understanding of village government officials, village community organisations, community leaders and religious leaders regarding the principles of participation, transparency, and accountability to increase community enthusiasm, motivation and creativity in village development
The Position and Application of Islamic Legal Maxims (Qawaaid Al-Fiqhiyyah) in the Law of Evidence (Turuq Al-Hukmiyyah)
Get PDFThe Position and Application of Islamic Legal Maxims (Qawaaid Al-Fiqhiyyah) in the Law of Evidence (Turuq Al-Hukmiyyah)Islamic legal maxims had always held and will continue to hold a special position in jurisprudence. Jurists of all schools generally accept legal maxims as a basis of coming up with Shariah opinions. This is especially true if these maxims are based on the Holy Quran and the Prophetic traditions. Legal maxims can be used as evidence in extracting rules if it is based on the Holy Quran and the Sunnah because its use is an extension of the original proof, and thus, this article will relate some of the important legal maxims relating to the law of evidence.
The Development of Legal Education in the Kingdom of Saudi Arabia
Get PDFIn the Kingdom of Saudi Arabia (KSA), Islamic Shariah is the foundation of the laws of the state. While the modern Saudi legal system encompasses both written and unwritten laws, Shariah is still considered supreme and hence directs most of the state’s regulations. Nevertheless, currently, those who aim to practice law need to acquire a foundation of all prevailing laws. Due to the supremacy of Shariah, most universities still do not offer comprehensive degree plans, which often poses limitations to the development of legal education in the Kingdom. This study aims to address this conundrum by examining the various degree plans in Saudi universities, scrutinizing whether they offer comprehensive degrees, which should encompass both Shariah laws yet also the newly codified rules. This research draws upon secondary sources, which analyze the progress of the legal education in KSA and its effects on future legal practitioners. Results suggest that the legal curricular should be redesigned to improve the capabilities of prospective legal professionals by integrating the non-codified rules of law with the Islamic law in a more practical, realistic and efficient manner. Keywords: Legal education, Shariah, Saudi Arabia
Immature Politicians and Oligarchy As a Threat to Democracy
Get PDFThe rise of oligarchy in political democracy in Indonesia has more potential to exterminate democracy in Indonesia itself. Democracy might be used as just a tool by the oligarchy. Oligarchy is the cause that some immature politicians with a very short experience are now holding vital positions such as regents, a party leader, or local parliament member. Some of them might have no integrity, and there is a big possibility that they only just a freeloader from their parents or family experience in politics. Keywords: Political party, Oligarchy, Immature Politician
The Product Characteristic of Electronic Money from the Perspective of the Negotiable Instruments Law
Get PDFThe development of currency trading is not only using the cash as a payment instrument for a transaction. For example is the emergence of non-cash payments such as negotiable instruments. That type of instrument offers a more effective and safer way than using the cash. Along with the development of the technology, a non-cash payment innovation emerged, which characteristics, at a glance, similar to negotiable instruments, such as credit cards, debit cards, and electronic money products which gives a safer and more efficient way than using the cash for a transaction. Based on this, led to the view that non-cash payment instruments such as credit cards, debit cards, and electronic money products can be classified as negotiable instruments. However, that classification must be done by reviewing the relevant regulations, such as Commercial Code and else and also observing the doctrines in the perspective of the science concerned, to state that the development of such instruments can be classified as negotiable instruments or not.Keywords: Negotiable instruments, Letter of Value, Credit Cards, Debit Cards, Electronic Money Products, Classification
La responsabilité pénale des mineurs en droit international et en droit congolais : Entre un pragmatisme justifié et un dogmatisme affirmé
Get PDFEn droit international, comme en droit interne congolais, le traitement des personnes âgées de moins de dix-huit ans en matière pénale, interpelle et inquiète. L’interpellation se rapporte particulièrement à la situation de l’enfant accusé d’avoir accompli un acte infractionnel ; et l’inquiétude est suscitée notamment par rapport au traitement de l’enfant prétendant avoir subi un préjudice à la suite de l’infraction. L’étude a d’abord utilisé la méthode exégétique, en recherchant le vrai sens à donner aux dispositions normatives en rapport avec la question sous examen. Elle a recouru ensuite à la méthode comparative, en rapprochant en effet de la réglementation internationale, celle congolaise. S’il est vrai que d’une part, la réflexion a souligné la justification pragmatique du droit international de la responsabilité pénale des mineurs, à travers différents instruments internationaux, régulièrement conclus et justement appliqués ; il n’est pas moins vrai qu’elle a noté d’autre part, l’infirmation purement dogmatique de la responsabilité pénale des mineurs de dix-huit ans en droit de la République démocratique du Congo. Il est à retenir qu’en réalité, le clivage mineur-majeur, cesse d’être celui de responsabilité pénale totale et irresponsabilité pénale absolue ou de capacité-incapacité, pour ainsi laisser place à celui de capacité spéciale-capacité générale.
The Delegation of State Sovereignty over Air Space in the Implementation of Air Navigation: The Analysis of the Agreement between Indonesia and Singapore on Management of the Batam and Natuna Flight Information Region
Get PDFThe state sovereignty over airspace with its complete and exclusive nature experiences a significant dynamic in both its concept and implementation in the international air law. Sovereignty over the airspace not only provides legislative, executive, and judicialauthorities of the state but also puts an obligation on the state to provide facilities for aviation safety. The reason for aviation safety airspace of a sovereign state can be delegated to other states to manage the service of navigation, for example, Indonesian air spaces in the Natuna and Batam, are maintained by Singapore for the sake of aviation safety. The taking over of the management of FIR in Batam and Natuna had been carried out through several steps. First, establishing Civil Military Aviation Coordination (CMAC) as outlined in the Government Regulation (Ministry of Transportation Regulation Number 55 on 2016) concerning the order of the national airspace. Second, evaluating the implementation of air navigation by reformulating the institutional of LPPNPI, evaluating the cooperation agreement between the Government of Indonesia and Singapore, and providing air navigation service during the transition period in Natuna Islands. Third, conducting the taking over concept phase by phase, in which the first phase, Singapore only provides air navigation service, while Indonesia only monitors. The second phase, Indonesia provides air navigation services, while Singapore only monitors, and for the third phase, as the final implementation, Indonesia provides air navigation services fully. Keywords: Delegation, Sovereignty, Air Space, Air Navigation, Agreemen
Indonesian Fisheries Policy Reform: Compliance with Stringent Food Safety Requirement Of Importing Countries
Get PDFThe main objective of this research is to discover the idea of innovation of Indonesia's legislation system on food security/seafood which has been heavily influenced by trade relations between Indonesia and the European Union as a group of major importing countries. This is a case study that largely examines and presents trade disputes between Indonesia and some major importing countries, especially with the EU countries as a major group of country importers of fishery products and seafood from Indonesia. The various disputes and complaints found in this case study demonstrate the fact that the marine fisheries sector as one of Indonesia's mainstay sectors has a very potential economic value for the country's foreign exchange earnings. There is a very close relationship between the fisheries sector with the fulfillment of people's living needs as well as the development of the economic sector in general, including food safety aspects. This should be addressed appropriately and efficiently by the government by adjusting and even updating laws and regulations in this sector by the international food standard/food security; given the numerous demands and rejection of most of Indonesia's trading partner countries in this sector. Keyword: Indonesian Fisheries, Policy Reform, Compliance, Food Safety Requirements, Importing Countries
The Harmonization of Authority of Supreme Court, Constitution Court, and the Judicial Commission
Get PDFThe Harmonization of the Authority between Supreme Court (MA) institutions The Constitutional Court (MK) and Judicial Commission (KY) is a must. It is done by way of revision of the Law of the Supreme Court, MK and KY for the harmonization of authority. However, if the revision finds a dead end, then the fifth amendment (5) of the 1945 Constitution of the State of the Republic of Indonesia (UUDNRI 1945) is limited to be reconstructed by the provision of Article 24B paragraph (1) of the 1945 Constitution by affirming the authority of KY clear so that it is not considered to interfere with judicial power. The harmonization can be done by adding an institution that oversees the authority of the Constitutional Court by performing reconstruction in Article 24B paragraph (1) so that there is no more tendency of absolute power. The supervised judge is a judge of the Supreme Court and the Constitutional Court. Keywords: Harmonization, Authority, Supreme Court, Constitutional Court, Judicial Commission
The Roles and the Influences of Political Parties in the Parliament towards the Formation of Islamic Bank in Indonesia
Get PDFThe Islamic Banking has been growing significantly in Indonesia. However, studies discussed the detail of the roles and the influences of the political parties in the parliament towards the formation and the development of the Islamic Banks had been limited. Due to this condition, this paper aims at discussing the roles and the influences of the political parties in the parliament towards the formation and the development of Islamic Banks in Indonesia. The method used to examine the above issues is by conducting desk research. Data and information collected are from the secondary sources and the empirical studies advanced in the literature. The study argued that the Islamic banking had been given a social and economic contribution to the Indonesian economy. However, support for the formation and development of this bank is still limited. For that reason, it is a must for the Government of Indonesia in general and the Bank of Indonesia in particular to support the development of Islamic bank. Also, the role of the political parties in the parliament was also considered important. Thus, much remain to be done. Keywords: Islamic Banks, Parliament, Regulation, Bank of Indonesia, Formation, Developmen