Harmoni Keadilan Warisan Kajian Mendalam Terhadap Penerapan Diskresi Hakim Di Pengadilan Agama
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Harmoni Keadilan Warisan Kajian Mendalam Terhadap Penerapan Diskresi Hakim Di Pengadilan Agama
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Author : Dr. Hj. Yusna Zaidah, MH
language : id
Publisher: CV Pena Persada
Release Date : 2024-07-01
Harmoni Keadilan Warisan Kajian Mendalam Terhadap Penerapan Diskresi Hakim Di Pengadilan Agama written by Dr. Hj. Yusna Zaidah, MH and has been published by CV Pena Persada this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-01 with Law categories.
Buku ini merupakan hasil penelitian yang dilakukan dengan penuh dedikasi dan serius, bertujuan untuk mengeksplorasi secara mendalam penerapan diskresi hakim dalam konteks penyelesaian sengketa warisan.
International Human Rights And Islamic Law
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Author : Mashood A. Baderin
language : en
Publisher: OUP Oxford
Release Date : 2003-09-11
International Human Rights And Islamic Law written by Mashood A. Baderin and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-09-11 with Law categories.
This volume examines the important question of whether or not international human rights and Islamic law are compatible. It asks whether Muslim States can comply with international human rights law whilst adhering to Islamic law. The traditional arguments on this subject are examined and responded to from both international human rights and Islamic legal perspectives. The volume engages international human rights law in theoretical dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States. International Human Rights and Islamic Law formulates a synthesis between these two extremes, and argues that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law. Baderin argues that their differences could be better addressed if the concept of human rights were positively established from within the themes of Islamic law, rather than by imposing it upon Islamic law as an alien concept. Each article of the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, as well as relevant articles of the Convention on the Elimination of All Forms of Discrimination against Women are analysed in the light of Islamic law. The volume concludes that it is possible to harmonise the differences between international human rights law and Islamic law through the adoption of the 'margin of appreciation' doctrine by international human rights treaty bodies and the utilization of the Islamic law doctrines of 'maqâsid al-sharî'ah' (the overall objective of Sharî'ah) and 'maslahah' (welfare) by Muslim States in their interpretation and application of Islamic law respectively. Baderin asserts that Islamic law can serve as an important vehicle for the guarantee and enforcement of international human rights law in the Muslim world, and the volume concludes with recommendations to that effect.
Hate Spin
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Author : Cherian George
language : en
Publisher: MIT Press
Release Date : 2016-09-30
Hate Spin written by Cherian George and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-30 with Political Science categories.
How right-wing political entrepreneurs around the world use religious offense—both given and taken—to mobilize supporters and marginalize opponents. In the United States, elements of the religious right fuel fears of an existential Islamic threat, spreading anti-Muslim rhetoric into mainstream politics. In Indonesia, Muslim absolutists urge suppression of churches and minority sects, fostering a climate of rising intolerance. In India, Narendra Modi's radical supporters instigate communal riots and academic censorship in pursuit of their Hindu nationalist vision. Outbreaks of religious intolerance are usually assumed to be visceral and spontaneous. But in Hate Spin, Cherian George shows that they often involve sophisticated campaigns manufactured by political opportunists to mobilize supporters and marginalize opponents. Right-wing networks orchestrate the giving of offense and the taking of offense as instruments of identity politics, exploiting democratic space to promote agendas that undermine democratic values. George calls this strategy “hate spin”—a double-sided technique that combines hate speech (incitement through vilification) with manufactured offense-taking (the performing of righteous indignation). It is deployed in societies as diverse as Buddhist Myanmar and Orthodox Christian Russia. George looks at the world's three largest democracies, where intolerant groups within India's Hindu right, America's Christian right, and Indonesia's Muslim right are all accomplished users of hate spin. He also shows how the Internet and Google have opened up new opportunities for cross-border hate spin. George argues that governments must protect vulnerable communities by prohibiting calls to action that lead directly to discrimination and violence. But laws that try to protect believers' feelings against all provocative expression invariably backfire. They arm hate spin agents' offense-taking campaigns with legal ammunition. Anti-discrimination laws and a commitment to religious equality will protect communities more meaningfully than misguided attempts to insulate them from insult.
Encyclopedia Of The American Judicial System
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Author : Robert Joseph Janosik
language : en
Publisher:
Release Date : 1987
Encyclopedia Of The American Judicial System written by Robert Joseph Janosik and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Constitutional amendments categories.
Explores legal history, substantive law, institutions and personnel, process and behavior, constitutional law and issues, and methodology.
Mechanisms Of Democracy
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Author : Adrian Vermeule
language : en
Publisher: Oxford University Press
Release Date : 2007-07-24
Mechanisms Of Democracy written by Adrian Vermeule and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-24 with Political Science categories.
What institutional arrangements should a well-functioning constitutional democracy have? Most of the relevant literatures in law, political science, political theory, and economics address this question by discussing institutional design writ large. In this book, Adrian Vermeule moves beyond these debates, changing the focus to institutional design writ small. In established constitutional polities, Vermeule argues that law can and should - and to some extent already does - provide mechanisms of democracy: a repertoire of small-scale institutional devices and innovations that can have surprisingly large effects, promoting democratic values of impartial, accountable and deliberative government. Examples include legal rules that promote impartiality by depriving officials of the information they need to act in self-interested ways; voting rules that create the right kind and amount of accountability for political officials and judges; and legislative rules that structure deliberation, in part by adjusting the conditions under which deliberation occurs transparently or instead secretly. Drawing upon a range of social science tools from economics, political science, and other disciplines, Vermeule carefully describes the mechanisms of democracy and indicates the conditions under which they can succeed.
The Quality Of Democracy
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Author : Guillermo O'Donnell
language : en
Publisher: University of Notre Dame Pess
Release Date : 2016-12-15
The Quality Of Democracy written by Guillermo O'Donnell and has been published by University of Notre Dame Pess this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-15 with Political Science categories.
In 1996, Guillermo O’Donnell taught a seminar at the University of Notre Dame on democratic theory. One of the questions explored in this class was whether it is possible to define and determine the “quality” of democracy. Jorge Vargas Cullell, a student in this course, returned to his native country of Costa Rica, formed a small research team, and secured funding for undertaking a “citizen audit” of the quality of democracy in Costa Rica. This pathbreaking volume contains O’Donnell’s qualitative theoretical study of the quality of democracy and Vargas Cullell’s description and analysis of the empirical data he gathered on the quality of democracy in Costa Rica. It also includes twelve short, scholarly reflections on the O’Donnell and Cullell essays. The primary goal of this collection is to present the rationale and methodology for implementing a citizen audit of democracy. This book is an expression of a growing concern among policy experts and academics that the recent emergence of numerous democratic regimes, particularly in Latin America, cannot conceal the sobering fact that the efficacy and impact of these new governments vary widely. These variations, which range from acceptable to dismal, have serious consequences for the people of Latin America, many of whom have received few if any benefits from democratization. Attempts to gauge the quality of particular democracies are therefore not only fascinating intellectual exercises but may also be useful practical guides for improving both old and new democracies. This book will make important strides in addressing the increasing practical and academic concerns about the quality of democracy. It will be required reading for political scientists, policy analysts, and Latin Americanists.
Constitutional And Administrative Law
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Author : David Pollard
language : en
Publisher: Oxford University Press
Release Date : 2007-06-14
Constitutional And Administrative Law written by David Pollard and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-06-14 with Language Arts & Disciplines categories.
The fourth edition of Constitutional and Administrative Law: Text with Materials provides a wealth of essential materials drawn from a wide range of sources and integrated with lively commentary. It enables students to gain a full understanding of public law by explaining the context of its historical development and current political climate.
An Introduction To The Study Of The Law Of The Constitution
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Author : A.V. Dicey
language : en
Publisher: Springer
Release Date : 1985-09-30
An Introduction To The Study Of The Law Of The Constitution written by A.V. Dicey and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985-09-30 with Social Science categories.
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Substantive Criminal Law
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Author : M. Cherif Bassiouni
language : en
Publisher: Charles C. Thomas Publisher
Release Date : 1978
Substantive Criminal Law written by M. Cherif Bassiouni and has been published by Charles C. Thomas Publisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Law categories.
Legal Evolution And Political Authority In Indonesia
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Author : Daniel Lev
language : en
Publisher: BRILL
Release Date : 2021-10-25
Legal Evolution And Political Authority In Indonesia written by Daniel Lev and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-25 with Law categories.
For nearly forty years, following the collapse of Indonesia's parliamentary system, Indonesia's once independent legal institutions were transformed into dedicated instruments of a powerful elite and allowed to sink into a deep mire of corruption and malfeasance. Legal process was devastated far beyond the capacity of any simple effort at reconstruction by post-Suharto governments. Indonesia's problems in this respect surpass those of other countries in the region compelled by economic crisis to re-examine institutional structures. The works reprinted in this collection constitute a case study over time of legal decay and the rise of reform interests in one of the most complex countries in the world. Written during a period of more than thirty years, beginning in the early 1960s, the essays trace several themes in the legal history of modern Indonesia. They make clear, however, that legal history is seldom that alone, but rather, like law itself, is largely derivative, fundamentally imbedded in the interest, ideas, purposes, and contentions of local political, social, and economic power.