180 research outputs found

    Asas Legalitas dalam Hukum Acara Pidana: Kritikan terhadap Putusan MK Tentang Praperadilan

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    The problem of this research is: how high is the authority of Constitutional Court to amend the provisions of criminal procedure law (KUHAP) by stating that some articles in KUHAP are not constitutional and expanding the authority of judges in pretrial forum. Since 2015, pretrial judges have authority to investigate and decide whether the determination of a suspect is legitimate. The research method was normative juridical. The result shows that Constitutional Court judges have actually replaced the position of lawmakers (legislator) and violated the principles of nullum iudicium sine lege. In relation to that, if the need is to improve the supervision mechanism for the use of coercion in investigations, lawmakers should amend KUHAP or introduce better supervision mechanism for investigators.

    Vox-Exo: Horrors of a Voice

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    Vox-Exo: Horrors of a Voice reframes the Lacanian object a voice as a horrific register of alterity. The object gaze has received, as it does in Jacques Lacan’s work, more commentary than voice. Yet recently voice has garnered interest from multiple disciplines. The thesis intervenes in the Slovenian school’s commentary of the ‘object voice’ in terms of two questions: audition and corporeality. This intervention synthesizes psychoanalysis with recent theorizing of the horror of philosophy. In this intervention the object a voice is argued to resonate in lacunae – epistemological voids that evoke horror in the subject. Biological and evolutionary perspectives on voice, genre horror film and literature, music videos, close readings of Freudian and Lacanian case studies and textual analysis of ancient philosophy texts all contribute to an elucidation of the horrors of the object a voice: Vox-Exo. The impetus to address the body stems from a critical intervention in one of the most recent and cited works on voice in Lacan’s work; A Voice and Nothing More, by Mladen Dolar. Dolar’s trajectory to pursue the ‘object voice’ is to move from meaning, to aesthetics, to psychoanalysis. Such a move, the expedited turn to Lacanian psychoanalysis, is recalcitrant to tackling the body. This thesis responds to the book’s avidity to omit the body from the question of voice. Vox-Exo: Horrors of a Voice, contra the Slovenian School’s credo, rearticulates the object a voice in terms of corporeality and audition. The significance the a, that designates other, autre, stated in Lacan’s works, and numerous commentaries such as Jacques-Alain Miller’s and Stijn Vanheule’s, is impressed. With a sustained consideration of corporeality and audition, the unknowability and alterity of a is demonstrated to be a locus of horror. Object a voice is argued to resonate in lacunae, evoking legion, indefinite, horror – a horror

    Exploring Institutional Culture as a Macrosystem Antecedent to University Workplace Bullying: An Organizational Ethnography

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    Workplace bullying situated specifically in higher education has been an under-researched topic. Researchers have focused investigations in the academy toward the prevalence and nature of bullying. Consequently, institutional responses have largely centered on policy implementation in an attempt to discourage and eliminate the occurrence of the unwanted behavior. While prior research has identified organizational antecedents associated with workplace bullying, fewer studies have focused upon how certain organizational antecedents, such as organizational culture, facilitate incidents of bullying. The purpose of this study was to explore an institution\u27s organizational culture to determine how culture functioned as a macrosystem antecedent to university workplace bullying. Via a social ecological lens, the researcher examined the university\u27s culture using Schein\u27s (2010) approach to cultural analysis. Observational data and individual interviews with faculty and staff at the research site enabled the identification and investigation of relevant artifacts, which uncovered the values and espoused beliefs attached to them by members of the university. The investigation yielded five basic underlying assumptions embedded in the university\u27s culture. The five assumptions were (a) perception not reality was what mattered, (b) employee value equaled title and position, (c) the organizational structure guided and maintained daily order, (d) rules must be followed, especially the unwritten rules, and (e) unquestionable loyalty expected and required. The researcher connected these data to existing research to illustrate how organizational culture functioned as a macrosystem antecedent to workplace bullying in a higher education setting. Results revealed the university\u27s culture functioned in 10 ways that could facilitate bullying in an institution of higher education. From the results, the researcher provided implications for practice as well as suggestions for future research

    IS THE LAW (POSSIBLY) DEAD OR CAN IT BE KILLED? OR HAS THE STATE FAILED/HAS IT BEEN ABSENT?

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    Law 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

    The Oklahoma Limited Liability Company

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