6 research outputs found

    THE PRINCIPLE OF SOCIAL JUSTICE AS THE LAW

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    The term of “social justice†has mentioned explicitly in Pancasila. As the nation philosophical base, every Indonesian citizen may interpret the meaning of this term. Interpretation of every citizen may be various caused by each personal have their own way of thinking. This article offered a picture of how the “social justice†term could be interpret in 4 points of view, that are; Indonesianist, liberalist, Islamic and post modernist point of view. Furthermore this article will shows basic similarity among four ideas above concerning “social justice†so that we could see the harmony among them in interpreting “social justice†term. In the end will be described how “social justice†term embraced as a principle and normatively functioned. That is as a guidance to state rights and obligations which in certain situation could hold stronger power than a valid regulation. Keywords: Justice Theory, Legal Positivism, Pancasila, Social Justice, Basic Right.Abstrak

    THE PRINCIPLE OF SOCIAL JUSTICE AS THE LAW

    Get PDF
    The term of “social justice” has mentioned explicitly in Pancasila. As the nation philosophical base, every Indonesian citizen may interpret the meaning of this term. Interpretation of every citizen may be various caused by each personal have their own way of thinking. This article offered a picture of how the “social justice” term could be interpret in 4 points of view, that are; Indonesianist, liberalist, Islamic and post modernist point of view. Furthermore this article will shows basic similarity among four ideas above concerning “social justice” so that we could see the harmony among them in interpreting “social justice” term. In the end will be described how “social justice” term embraced as a principle and normatively functioned. That is as a guidance to state rights and obligations which in certain situation could hold stronger power than a valid regulation. Keywords: Justice Theory, Legal Positivism, Pancasila, Social Justice, Basic Right.Abstrak

    Rules of Government Secrecy in the Law of Archives in Indonesia

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    Every government operates secrecy as one of mechanism to protect the state, the people, and the assets from threats. There is lack of clarity of rules for the secrecy system in Indonesia. Ultimately, there is no uniform conception among government officials, because each agency makes its own policy and system. This condition brings disadvantage to society, because there is no clear guidance on this subject and it will not be able to push the government to act more responsible in managing the information. The rules about “closed archives” in Law No. 43 of 2009 about Archives and the term of “security classification” that mentioned in Government Regulation No. 28 of 2012 about the Implementation of Law No. 43 of 2009 about Archives, do not help at all in solving that problems. To get the accountability in the management of closed archive, the government does not have any other option than establishing a set of rules that describe a clear secrecy system. The secrecy concept can be framed within the concept of records life cycle, in order to be more adjustable to the existing system
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