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Maladministration in Indonesia's Interreligious Marriage 印尼跨宗教婚姻管理不善
Q2 LAW Pub Date : 2023-04-30 DOI: 10.15408/jch.v11i1.31929
Asep Syarifuddin Hidayat
In Indonesia, the polemic on interfaith marriages has not yet ended, even though over time and the times. Even though the issue of interreligious Marriage has been handled and regulated in the Marriage Law, there are still many people who practice it. In Indonesia, interfaith marriages cause not only legal problems but also administrative ones. There are still exceptions to the Marriage Act that allow couples to marry across religions. Because according to positive Indonesian Law, Marriage is not equated with a simple genetic relationship. However, the administration must prove a legal relationship with the state, including the registration of marriages. The research method used is a qualitative research method with a literature approach. The results of the study state that there are still gaps and opportunities for maladministration in interfaith marriages. The behavior occurs in the form of apostasy or changing religions before Marriage, then changing beliefs after Marriage. This was done to get the legality of Marriage in the form of a marriage book. These maladministration opportunities must be closed and eliminated by making government regulations or giving strict sanctions to the perpetrators of maladministration. The sanctions are criminal or fines for people who carry out legal smuggling like this.
在印度尼西亚,尽管随着时间和时代的推移,关于跨宗教婚姻的争论还没有结束。尽管《婚姻法》对跨宗教婚姻问题进行了处理和规范,但仍有很多人在实践跨宗教婚姻。在印尼,跨宗教婚姻不仅会引发法律问题,还会引发行政问题。《婚姻法》仍然有例外,允许不同宗教的夫妇结婚。因为根据印尼现行法律,婚姻不等同于简单的遗传关系。然而,政府必须证明与国家的法律关系,包括婚姻登记。研究方法采用文献法的定性研究方法。研究结果表明,在跨宗教婚姻中仍然存在管理不善的差距和机会。这种行为表现为婚前叛教或改变宗教信仰,婚后又改变信仰。这样做是为了以婚姻书的形式获得婚姻的合法性。这些管理不善的机会必须通过制定政府法规或对管理不善的肇事者进行严厉制裁来关闭和消除。对像这样进行合法走私的人的制裁是刑事或罚款。
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引用次数: 0
Responsive Constitutional Law Strategy For Preventing Political Corruption Done By Local Political Dynasties 防止地方政治王朝政治腐败的应诉性宪法策略
Q2 LAW Pub Date : 2023-04-30 DOI: 10.15408/jch.v11i1.24754
Agus Riwanto, Sukarni Suryaningsih
This article aims to examine corruption practices in the regions carried out by political dynasties and prevention efforts from the perspective of responsive constitutional law. It will examine the motives of political dynasties, forms of corruption by dynasties, factors that cause dynasties and efforts to prevent. This article uses a socio-legal method that is an interdisciplinary approach in the study of law by combining social sciences or humanities. Secondary data mainly comes from case, regulations and library. The results of the study show that the dynasties tend to practice the forms of corruption in the regions: corruption in the buying and selling of regional government positions and corruption in regional infrastructure projects originating from the Regional Budget Revenue. Factors causing political dynasties: the high cost of regional head elections and the absence of laws prohibiting dynastic practices in regional head elections. Efforts to prevent the practice of political dynasties for regional head elections from the perspective of responsive constitutional law are in the form of policies to regulate the regional head election system that prioritizes the principle of responsibility for public demands and provides alternative solutions through: reducing the cost of regional head elections, lowering the threshold for candidacy, changing the financing of regional head elections from the Regional Revenue Expenditure Budget to the State Expenditure Budget, separating local and national elections, a political culture that educates the people in voting, and policies for the welfare of the people in order do not elect dynastic candidates in regional head elections.
本文旨在从回应性宪法的角度审视政治王朝在地区的腐败行为及其预防措施。它将研究政治王朝的动机、王朝的腐败形式、导致王朝的因素和预防措施。本文采用社会法学方法,这是一种跨学科的方法,通过结合社会科学或人文科学来研究法律。二手资料主要来源于案例、法规和图书馆。研究结果表明,朝代倾向于在区域内实践腐败的形式:地方政府职位买卖中的腐败和源于地方预算收入的区域基础设施项目中的腐败。造成政治王朝的因素:地方首长选举的高成本和没有法律禁止地方首长选举中的王朝行为。从顺应宪法的角度出发,防止地方自治团体长选举的政治王朝现象,主要表现为以国民要求的责任原则为优先,并通过以下方式提供替代方案的地方自治团体长选举制度规制政策:降低区长选举费用、降低候选人门槛、将区长选举经费由“地区收支预算”改为“国家收支预算”、地方选举与全国选举分开、教育人民投票的政治文化、为人民的福祉而制定的政策,以避免在区长选举中选出王朝候选人。
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引用次数: 0
Implementation of party projects as a way to strengthen the image of a public organization 实施党建项目,强化公共组织形象
Q2 LAW Pub Date : 2023-04-30 DOI: 10.15408/jch.v11i1.30819
Tatiana Evstratova, Natalia Medvedeva, Ekaterina Vetrova, Olga Kulikova, Olga Kolosova
The purpose of the article was to identify the attitude of the population toward the Moscow Regional regional branch of the United Russia Party to improve the image of this public organization. Special sociological methods were used, including qualitative analysis of documents, secondary analysis of research results, survey methods. Based on the results of the survey, it was revealed that the implementation of party projects is a significant tool for forming the image of political organizations. An attractive image of an organization is the most important condition for its political success, which helps to bring the electorate to its side.
这篇文章的目的是确定人们对统一俄罗斯党莫斯科地区支部的态度,以改善这个公共组织的形象。本研究采用了特殊的社会学方法,包括文献定性分析、研究结果二次分析、调查法等。据调查结果显示,政党事业的实施是塑造政治组织形象的重要手段。一个组织有吸引力的形象是其政治成功的最重要条件,这有助于把选民带到它的一边。
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引用次数: 0
Стиль Руководства Президента Индонезии В Решении Национальных Проблем (Indonesian President's Style of Leadership in Addressing National Problems) СтильРуководстваПрезидентаИндонезииВРешенииНациональныхПроблем(印尼总统的领导风格在解决国家问题)
Q2 LAW Pub Date : 2023-04-30 DOI: 10.15408/jch.v11i1.35139
Rahmat Syahid Suraya
The study examines the leadership style and political landscape of seven Indonesian presidents. From President Sukarno to President Joko Widodo. The method used in this research is a qualitative research method with a literarure approach. This study uses the Northouse theory (2016), which describes 15 styles of leadership: character approach, skill approach, behavioral approach, situation approach, pathway theory, theory of exchange of leaders-members, transformational leadership, authentic Leadership, Servant Leadership; adaptive Leadership: psychodynamic approach; leadership ethics; team leadership; gender and leadership. The findings of this study show that the leadership styles of the seven Indonesian presidents differ from each other. President Sukarno is associated with the Character Approach, President Suharto with the Path-Goal Theory, President BJ Habibie with the Behavioral Approaching, President Abdurahman Wahid with the Skill Approximation, President Megawati Soakarno Princess with Gender and Leadership, and President Joko Widodo with the Servant-style Leadership Approche.
这项研究考察了七位印尼总统的领导风格和政治格局。苏加诺总统致佐科总统。本研究采用的方法是文献法的定性研究方法。本研究采用Northouse理论(2016),该理论描述了15种领导风格:性格理论、技能理论、行为理论、情境理论、路径理论、领导-成员交换理论、变革型领导、真实型领导、服务型领导;适应性领导:心理动力学方法;领导伦理;团队领导能力;性别与领导力。本研究发现,印尼七任总统的领导风格各不相同。苏加诺总统与性格方法有关,苏哈托总统与路径-目标理论有关,哈比比总统与行为方法有关,瓦希德总统与技能近似有关,梅加瓦蒂总统与性别和领导力有关,佐科·维多多总统与仆人式领导方法有关。
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引用次数: 0
Mining of Cryptocurrencies: Analysis of Law Enforcement Practice and Problem Solving in Legal Regulation 加密货币挖矿:执法实践分析与法律规制中的问题解决
Q2 LAW Pub Date : 2023-04-30 DOI: 10.15408/jch.v11i1.31161
Svetlana Muradyan, Natalia Mikhaylenko, Anna Skachko, Yulia Ivanova, Elisei Rogachev, Elmir Alimamedov
Despite the enormous popularity of mining worldwide, which entirely objective reasons have caused, there remains a dissonance in States' approaches to its legal regulation. One of the reasons is that the legal regulation of blockchain technologies in different countries goes completely different ways. In fact, mining is a process of generating cryptocurrencies, as a result of which a new suitable block of transactions is added to the blockchain, and coins are issued. Therefore, to regulate such a process as mining, the legislator needs to create a holistic legal framework regulating the turnover of digital assets in the state.
尽管采矿在全世界非常受欢迎,这完全是客观原因造成的,但各国对其法律规章的态度仍然不一致。其中一个原因是不同国家对区块链技术的法律监管方式完全不同。事实上,挖矿是一个生成加密货币的过程,因此,一个新的合适的交易块被添加到区块链中,并发行硬币。因此,为了规范挖矿这样的过程,立法者需要建立一个整体的法律框架来规范国家数字资产的周转。
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引用次数: 1
The Government's Intervention in Functioning the Central Bank of the State Bank from the Practices of Vietnamese Law 从越南法律实践看政府对国家银行中央银行职能的干预
Q2 LAW Pub Date : 2023-04-30 DOI: 10.15408/jch.v11i1.26448
Vien The Giang
This paper aims to clarify the relationship between the organizational model of the Central Bank of Vietnam and the Government. In this model, the Government has many rights to intervene directly in the implementation of the central bank function of the State Bank of Vietnam. Such direct interventions have forced the monetary policy to run or depend on fiscal policy and have been forced to pursue the short-term goals of the Government. The State Bank of Vietnam (SBV) must still supply the Central Government Budget with an amount of money through advance payments to deal with the temporary deficit in the State Budget under the Prime Minister's decision. This made the stability (in the long –term) of monetary value and the sustainable development of the national economy of the central bank become very difficult. The State Bank regularly has to focus a lot of resources on maintaining the stability of the monetary market by resolving the market's hot spots or handling weak credit institutions by administrative interventions...under the Government's requirement that has reduced the independence of the SBV when performing the central bank function.
本文旨在阐明越南中央银行的组织模式与政府之间的关系。在这种模式下,政府有许多权利直接干预越南国家银行中央银行职能的实施。这种直接干预迫使货币政策运行或依赖于财政政策,并被迫追求政府的短期目标。根据总理的决定,越南国家银行(SBV)仍然必须通过预付款向中央政府预算提供一定数额的资金,以处理国家预算中的临时赤字。这使得中央银行货币价值的(长期)稳定和国民经济的可持续发展变得非常困难。国家银行经常不得不集中大量资源,通过解决市场热点或通过行政干预处理薄弱信贷机构,来维护货币市场的稳定……根据政府的要求,这降低了SBV在履行中央银行职能时的独立性。
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引用次数: 0
Analysis of Law Enforcement Problems Related to Crime of Environmental Degradation Caused by Corporations in Indonesia 印尼企业环境破坏犯罪执法问题分析
Q2 LAW Pub Date : 2023-04-30 DOI: 10.15408/jch.v11i1.29127
Achmad Irwan Hamzani, Moh. Taufik, Mukhidin Mukhidin, Nur Khasanah
Corporations are part of industrialization that destroys the environment. Air pollution has damaged the environment. Criminal action against corporations for destroying the environment must provide a sense of justice. This study intends to examine the obstacles in handling corporate crime, which cause environmental damage, and how to deal with a corporate crime based on the value of justice. In this research, a philosophical approach was taken, namely the study of a case in terms of the ideal in the future. The study results found that there were obstacles in handling criminal cases of environmental destruction, such as those related to regional policies on investment, strong backing, and compensation, which then eliminated criminal cases. The Environmental Law regulates corporations' handling of criminal acts of environmental destruction. Accountability, in this case, is carried out by the business entity and the person in charge of the business entity. A crime can be applied to the management and owner of a corporation as a business entity. An offence is needed for corporations destroying the environment based on justice.
企业是破坏环境的工业化的一部分。空气污染破坏了环境。针对破坏环境的公司的刑事诉讼必须提供一种正义感。本研究旨在探讨处理造成环境破坏的公司犯罪的障碍,以及如何基于正义价值处理公司犯罪。在本研究中,采用了哲学的方法,即从未来理想的角度研究一个案例。研究结果发现,在处理环境破坏刑事案件时,存在一些障碍,如涉及区域投资政策、强力支持、赔偿等,从而消除了刑事案件。《环境法》规定了企业对破坏环境的犯罪行为的处理。在这种情况下,责任是由企业实体和企业实体的负责人执行的。犯罪可以适用于作为商业实体的公司的管理人员和所有者。从正义的角度来看,破坏环境的企业应该受到刑事处罚。
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引用次数: 0
Implementation of Business and Human Rights Principles (UNGPs) in the Protection given to Indonesian Laborers: Gender Perspective 企业与人权原则在保护印尼劳工方面的实施:性别视角
Q2 LAW Pub Date : 2023-04-30 DOI: 10.15408/jch.v11i1.29022
Arsyi Manggali Arya Putra, Nur Putri Hidayah
This research aims to analyze to what extent business and human rights principles have been implemented to protect workers and laborers in Indonesia according to the gender perspective. This research employed a normative method by analyzing the norms set forth in international law synchronized with the provisions in the statute (statutory approach) in Indonesia descriptively and conceptually. The research concludes that Ruggie initiated business and human rights principles as a new concept regarding corporate responsibility to meet the development of human rights. The protection of human rights for workers, especially women, has not been sufficiently given. The management of the dimension of human rights in employment-related matters requires business relations and human rights with the concept of three pillars. First, the state is responsible for preventing violations of human rights. Second, corporations are responsible for respecting human rights. Third, this pillar manages access to the recovery of victims of human rights violations. Furthermore, the protection of workers and laborers is governed by an employment law that needs to be elaborated further by normalizing business and human rights principles in the employment sector.
本研究旨在从性别角度分析印度尼西亚在保护工人和劳动者方面实施商业和人权原则的程度。本研究采用了一种规范方法,从描述性和概念性的角度分析了国际法中规定的与印度尼西亚规约中规定同步的规范(成文法方法)。研究认为,Ruggie提出了商业和人权原则,作为企业责任的新概念,以适应人权的发展。对工人,特别是妇女的人权的保护还没有得到充分的落实。在与就业有关的事项中管理人权方面需要以三个支柱的概念建立商业关系和人权。首先,国家有责任防止侵犯人权的行为。第二,企业有责任尊重人权。第三,这一支柱管理侵犯人权行为受害者复原的途径。此外,对工人和劳动者的保护受就业法的管辖,需要通过使就业部门的商业和人权原则正常化来进一步拟订这项法律。
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引用次数: 0
Ethnic Mobility and the Formation of Political Identity in Indonesia 印尼的族群流动与政治认同的形成
Q2 LAW Pub Date : 2023-04-30 DOI: 10.15408/jch.v11i1.31571
Refly Setiawan, Sergey A. Sergeev
Indonesia is an archipelagic country that has many tribes and cultures, which make Indonesia a multi-cultural country. There are 5 religions recognized in Indonesia based on the Law of the Republic of Indonesia, namely: Islam, Christianity, Hinduism, Buddhism, and Confucianism. This research is related to ethnic mobility and the formation of political identity in Indonesia which is currently very interesting to be discussed by various researchers around the world, not only in Indonesia. In this study, researcher discuss ethnic mobility and the formation of political identity based on history that has occurred in Indonesia to date. The Indonesian nation Indonesia adheres to the Pancasila ideology so that the national ideology has a major influence on the unity and integrity of the nation. In this study, researcher also examined the ideological values of Pancasila and the nation's unifying motto called Bhinneka Tunggal Ika. This study uses a qualitative descriptive approach in which the researcher conducts a descriptive elaboration of ethnic mobility and the formation of political identity in Indonesia and ethnic participation in political parties in Indonesia. The results of the study show that in the past there were still many Indonesian people who considered themselves local residents and were reluctant to accept other ethnic groups to occupy certain positions in an area, including political positions. The separatist movement that emerged in an area due to the inequality of one region with another, such as the islands of Java and Sumatra, had caused inter-ethnic conflict and many people were anti-Chinese in the 90s. However, currently, Indonesia has provided space for various tribes and religions to be involved in political development in Indonesia based on Pancasila and the 1945 Constitution. Indonesia as a multiethnic country has upheld democratic freedoms for all nations and provided regional autonomy policies for each region in order to improve public welfare.
印度尼西亚是一个群岛国家,有许多部落和文化,这使印度尼西亚成为一个多元文化的国家。根据印尼共和国法律,印尼有五大宗教,分别是:伊斯兰教、基督教、印度教、佛教和儒教。这项研究与印度尼西亚的种族流动和政治认同的形成有关,这是目前非常有趣的,世界各地的研究人员都在讨论,而不仅仅是在印度尼西亚。在本研究中,研究人员根据印度尼西亚迄今为止发生的历史,讨论了种族流动和政治认同的形成。印度尼西亚坚持潘卡西拉意识形态,因此民族意识形态对国家的统一和完整具有重大影响。在这项研究中,研究人员还研究了Pancasila的意识形态价值观和国家统一的座右铭Bhinneka Tunggal Ika。本研究采用定性描述方法,研究人员对印度尼西亚的民族流动和政治认同的形成以及印度尼西亚政党的民族参与进行了描述性的阐述。研究结果表明,过去仍有许多印尼人认为自己是当地居民,不愿意接受其他族裔群体占据一个地区的某些职位,包括政治职位。90年代,爪哇岛、苏门答腊岛等因地区不平等而出现的分裂主义运动,引发了民族间的矛盾,很多人出现了反华情绪。然而,目前,印度尼西亚根据潘卡西拉和1945年宪法,为各种部落和宗教参与印度尼西亚的政治发展提供了空间。印度尼西亚作为一个多民族国家,维护所有民族的民主自由,并为每个区域提供区域自治政策,以改善公共福利。
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引用次数: 0
The Repositioning of Campus as a Cultural Movements Engine in the Eradication of Corruption 重新定位校园作为文化运动引擎在根除贪污
Q2 LAW Pub Date : 2023-04-30 DOI: 10.15408/jch.v11i1.32124
RR Dewi Anggraeni, Bachtiar Bachtiar, Iman Imanuddin
At the theoretical and historical level, the campus has always been a symbol of resistance to all forms of deviation, without exception for efforts to fight corruption as an extraordinary crime. Morally, the campus has an enormous responsibility to ensure and guarantee that Mother Earth is free from all corrupt practices. Even so, the campus is not a sterile area for corrupt practices. This study used a qualitative research method with a statutory approach. The results of the study state that corruption has penetrated into the joints of the life of the academic community, which should actually play a role as a locomotive in eradicating corruption. Recognizing that the corruption virus has spread among the academic community, it is urgent to reposition the role of the campus in the fight against corruption. Repositioning the role of the campus can be started from (i) aspects of the tri dharma of higher education, (ii) administrative aspects, and (iii) exemplary aspects. Repositioning the role of the campus should be done considering that the campus with the characteristics of its value-oriented academic community is believed to be the best place to teach and instill anti-corruption values as an ongoing cultural movement. The cultural movement has made the campus a laboratory for the process of institutionalizing anti-corruption values, principles, and morality. In the long term, this movement will become a culture that can free the nation's leading cadres from corrupt behavior and mentality.
在理论和历史层面上,校园一直是抵制各种形式偏差的象征,无一例外地努力打击腐败这一非同寻常的犯罪行为。在道德上,校园有巨大的责任来确保和保证地球母亲免受一切腐败行为的侵害。即便如此,大学校园也不是腐败行为的温床。本研究采用定性研究方法与法律研究方法。研究结果表明,腐败已经渗透到学术界生活的各个环节,学术界应该在消除腐败中发挥火车头的作用。认识到腐败病毒已经在学术界蔓延,迫切需要重新定位校园在反腐败斗争中的作用。重新定位校园的角色可以从(i)高等教育的三法方面,(ii)管理方面,(iii)示范方面开始。重新定位校园的角色应该考虑到,作为一项正在进行的文化运动,以价值为导向的学术社区的校园被认为是教授和灌输反腐败价值观的最佳场所。这场文化运动使校园成为反腐价值观、原则和道德制度化进程的实验室。从长远来看,这种运动将成为一种文化,可以使国家的领导干部从腐败的行为和心态中解脱出来。
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引用次数: 0
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Jurnal Cita Hukum-Indonesian Law Journal
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