1,720,960 research outputs found
IS THE LAW (POSSIBLY) DEAD OR CAN IT BE KILLED? OR HAS THE STATE FAILED/HAS IT BEEN ABSENT?
Full text linkLaw is impossible to die, even if we can strangle it until limp. This questions appeared the possibility of killing the law by tracing the ideas about the law and the state that appears in the passage of time. What emerges is that the order or disorder always presupposes the emergence of law. Although it does not indicate whether the law appear fair or not. The fact is that people need a law although not necessarily requiring the State. Problems faced by Indonesia is now possible to be considered not as a matter of law, but the inability of the State to present itself as something that is needed by the community.Keywords : Community, Emergence of Law, Fairnes
BAYANGAN AKAN BANGSA DALAM KONTEKS HAK UNTUK MENENTUKAN NASIB SENDIRI: SUATU WACANA
Full text linkTwo issues shall be discussed: what is meant by people’s right to self determination and how has it been realized, also in the context of indigenous-tribal peoples. Analysis shall be done, by using a juridical doctrinal method. The purpose would go beyond explaining but also induce understanding of people’s right to self determination in the context of nation states. One determining faktor in the construction of a nation state is the emergence of an imagined solidarity between peoples from different races, tribes, or religious beliefs, being the result of suffering under colonialism. Notwithstanding that indigenous or tribal peoples may and in fact experience similar suffering under the state they are considered to be part of, international law, while recognizing their right to self determination, does not fully extend the same scope of rights to them
Regulasi Pengakuan Hukum Negara Atas Tanah Yang Dikuasai/Dimiliki Oleh Masyarakat Hukum Adat: Relevan Bagi Papua
No full textThe main purpose of this paper is to explain the particular arrangements and state recognition of customary rights (indigenous peoples\u27 management control righst of the land where they live) in Indonesia. Two issues are addressed, firstly, whether the state recognition of the existence of customary law community is constitutive or merely declarative. Secondly, whether the scope of the recognition of the state covers just about the land or it also includes the natural resources attached to it. To address the above issues, this article explores the right of state to control customary rights on land as mandated in State Constitution 1945 and Basic Agrarian Law No.5/1960. In addition it also describes of how this concept of customary right on land lays foundations for managing natural resources such as gas and oil, forestry, as well as mining. It also connects to the long term goals of the state as mentioned in Law No.17/2007 regarding Long Term National Development Plan 2005-2025 and Law No.26/2007 regarding spatial arrangement plan (Rencana Tata Ruang). Those laws than finally is connected to Law No.2/2012 and Government Regulation No.71/2012 regarding the land acquisition for development activities and public interest, as well as land acquisition for private sector activities in the context of both domestic and foreign investment. Two conclusions are made, firstly, mimicking and imposing of legal system and development ideology from the parent state (NKRI) should be avoided. The challenge is how to bring the state (government of Papua) in charge and how to maintain the legitimacy of the presence of urbanized modern society (urban) in front of indigenous peoples. Secondly, the main problem is not how to develop regulation framework for better recognition of the customary law, but how modern capitalist economy should not harmful to the existing traditional community life
Regulasi Pengakuan Hukum Negara Atas Tanah Yang Dikuasai/Dimiliki Oleh Masyarakat Hukum Adat: Relevan Bagi Papua
No full textThe main purpose of this paper is to explain the particular arrangements and state recognition of customary rights (indigenous peoples\u27 management control righst of the land where they live) in Indonesia. Two issues are addressed, firstly, whether the state recognition of the existence of customary law community is constitutive or merely declarative. Secondly, whether the scope of the recognition of the state covers just about the land or it also includes the natural resources attached to it. To address the above issues, this article explores the right of state to control customary rights on land as mandated in State Constitution 1945 and Basic Agrarian Law No.5/1960. In addition it also describes of how this concept of customary right on land lays foundations for managing natural resources such as gas and oil, forestry, as well as mining. It also connects to the long term goals of the state as mentioned in Law No.17/2007 regarding Long Term National Development Plan 2005-2025 and Law No.26/2007 regarding spatial arrangement plan (Rencana Tata Ruang). Those laws than finally is connected to Law No.2/2012 and Government Regulation No.71/2012 regarding the land acquisition for development activities and public interest, as well as land acquisition for private sector activities in the context of both domestic and foreign investment. Two conclusions are made, firstly, mimicking and imposing of legal system and development ideology from the parent state (NKRI) should be avoided. The challenge is how to bring the state (government of Papua) in charge and how to maintain the legitimacy of the presence of urbanized modern society (urban) in front of indigenous peoples. Secondly, the main problem is not how to develop regulation framework for better recognition of the customary law, but how modern capitalist economy should not harmful to the existing traditional community life
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Perbandingan Hukum antara Prinsip Habeas Corpus dalam Sistem Hukum Pidana Inggris dengan Praperadilan dalam Sistem Peradilan Pidana Indonesia
Full text linkPenelitian ini bertujuan untuk menganalisis asal mula dan penerapan praperadilan dalam kaitannya dengan Habeas Corpus dan menelisik sejauh mana pranata hukum Habeas Corpus dari sistem peradilan pidana Inggris ini diadaptasikan ke dalam sistem peradilan pidana Indonesia berpotensi berkembang menjadi malicious. Penelitian ini bersifat deskriptif dengan jenis penelitian perbandingan hukum melalui pendekatan perbandingan, pendekatan perundang-undangan, dan pendekatan konseptual dengan menggunakan data sekunder dan dianalisis secara kualitatif. Hasil penelitian menunjukkan bahwa penerapan praperadilan yang ditransplantasikan dari Habeas Corpus tersebut telah menimbulkan banyak masalah, yang akhirnya beberapa masalah berkembang menjadi atau digunakan untuk sesuatu yang malicious, bahkan apabila dibiarkan, maka sesuatu yang malicious tersebut berpotensi memorak-porandakan sistem peradilan pidana Indonesia. Untuk mencegah hal itu terjadi, maka peran pemerintah diperlukan untuk mereformulasi pengaturan dan praktik praperadilan dalam sistem peradilan pidana Indonesia
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
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