Journal articles on the topic 'Juridical humanism'

The arena of tension between kasepekang indigenous sanctions and legal humanism occurred in the Paselatan Traditional Village, Karangasem Regency, Bali. One family residing in the traditional village received customary sanctions in the form of being temporarily dismissed as krama (citizen) due to not being able to pay off debt loans at the Paselatan Traditional Village Credit Institution. Dismissal as a krama of a traditional village in Bali is commonly called a kasepekang indigenous sanction. There is a gap between what should be in the law, both in the regulation and implementation of the law, with the reality that occurred in the Paselatan Traditional Village; There are still traditional Kasepekang sanction which are considered to violate humanism values. This study analyzes: first, the enforcement of the indigenous sanction of kasepekang which are considered to violate the values of legal humanism. Second, the implementation of progressive legal principles in the case of bestowing kasepekang sanction in the Paselatan Traditional Village as a mediator between the legal tensions of the kasepekang indigenous sanction and legal humanism. The research method used is a normative research method. The theory used as an analysis is progressive legal theory. The results of the study concluded that the indigenous sanction of Kasepekang are not in accordance with philosophical, sociological values, and are contrary to the juridical aspects and are contrary to the theoretical aspects, especially the progressive legal theory. Progressive legal principles are applied as an end to the tension between Kasepekang indigenous sanction and legal humanism.

Legal development aims to realize justice, certainty, and legal benefits, so legal development is explored in the social interaction of society itself. This research is concerned with the development of progressive and humanist law based on local wisdom. The concept looks at the relationship between 1) local wisdom and legal development, 2) local community participation and legal development, and 3) progressive legal development based on local wisdom. The type of juridical sociological research, data collection techniques with documentation, observation, and interviews, then the data analysis technique used is the interaction analysis model. The results of the study are the existence of local wisdom values in influencing the development of law in the community, namely the value of mutual cooperation and the value of deliberation. Community participation in the development of law in society has space for community participation in legal developments since planning, implementation, monitoring and evaluation. The values of local wisdom and community participation have potential in the development of progressive-humanist law, namely in the development of progressive and humanist law influenced by the values of local wisdom and the role of community participation so as to be able to build a law of conscience, respect human dignity and be able to provide a sense of justice according to the noble values that live in society. The suggestion from this research is that the community always maintains and preserves local wisdom that lives and grows in people's lives. The community and local government always maintain a synergistic relationship in the implementation of democratic community participation. In policy planning, it always explores the values of local wisdom in society and always involves community participation in creating progressive and humanist laws.

The philosophical thought of law in a new paradigm that identifies reason as the primary source of law, emphasizing rationality and humanism in the development of modern law. This emphasizes the inseparability of law from social life and the formation of legal values within communities, shaping norms that guide social behavior and reflect the essence of law. The discussion extends to studying indigenous communities, especially in Kalimantan, where customary law arises from experiential actions, recognized and regulated by the Indonesian constitution, acknowledging the existence of written and unwritten laws within the framework of customary law. The research method used is normative juridical with a conceptual approach based on these issues. The research findings indicate that the conception of legal philosophy studies related to Sociological Jurisprudence becomes important because it enables law to become an instrument that promotes social justice and equality, recognizing that law must reflect respected social values and be executed within society based on the thoughts of Hugo Grotius regarding justice, equality, and human rights, grounded in rationality and humanism, emphasizing the need to treat individuals with respect and consider the welfare of society. The implementation of Hugo Grotius's thought in Indonesia has made a significant contribution to a paradigm shift in legal construction, particularly related to Sociological Jurisprudence. Grotius emphasizes the importance of rational law that does not solely rely on dogma or religious beliefs. His views on justice based on reason and human rights as an integral part of natural law have shaped a modern legal perspective that prioritizes justice and equality. Grotius's thoughts are highly relevant, especially in efforts to build a fair legal system based on morality.

AbstractTaslim Elias's scholarship on the impact of English common law on the growth of African customary law illustrates the intersectionality negotiated between ‘centre’ and ‘periphery’, universal and subaltern laws. His intellectual portrait is also useful as a heuristic device to excise the doctrines, strategies, imageries, and narratives of progress elaborated about ‘Africa’ and ‘law’. Elias decried the contempt and ignorance exhibited by colonial masters towards native customs and laws; he also vilified judicially crafted ‘repugnancy’ and ‘public policy’ doctrines as instruments of colonial policy to prevent British justice from looking both ways, by ensuring that British standards were the ‘objective’ criteria of abrogation and change. Yet he nonetheless saw these doctrines and English law as a unifying force in the emergence of a unified Nigerian legal system. This article argues that this paradox in Elias's work and his struggle against the asserted dualism between English law and African customary law must be situated in the context of the rise of an African legal consciousness or juridical Negritude, home to various political projects of nation-building, African cultural liberation, and development which strategically intersected in their unstable relationship to law and Western culture. This signals a turn to ‘hybridity’ in legal discourse and Elias's professional trajectory seeking to develop a uniform common law for Nigeria as a way to explicate the workings of this relationship, and how African law is inscribed in the interplay of cultural forces constantly (re)negotiating the boundaries of their engagement with one another. This, in turn, reveals a complex picture of mediating between the simultaneous participation of Third World intellectuals in various struggles and personal or ideological projects within African humanism, which an analysis structured around the stability of centres/peripheries conventionally distorts.

<p class="15bIsiAbstractBInggris">The changing times demand the development of the education curriculum. This is because the challenges of life that will be faced are growing. Universities need to adjust the curriculum applied in their respective institutions. This research tries to trace the process of curriculum preparation in one of the study programs of the Faculty of Islamic Studies, namely Islamic Religious Education and how the implementation of the learning process is carried out by each lecturer. This research is a qualitative research with a document and field study approach. The results found that the Islamic Religious Education study program, in designing the curriculum with various approaches, both theological, juridical, philosophical, psychological, and technological. The profile of graduates is clearly illustrated and elaborated by the preparation of a curriculum with a mandatory Semester Credit Unit (SKS) of 135 credits with 57 courses. In practice, the lecturers have used various theories in the learning process, whether nativism, constructivism, behaviorism, empiricism, or convergent with the Islamic values that are in accordance with the ideology of Islamic education which is based on humanism theocentrism.</p><p class="15bIsiAbstractBInggris"><strong>Abstrak</strong></p><p class="16bIsiAbstrak">Perubahan zaman menuntut pengembangan kurikulum pendidikan. Hal ini dikarenakan tantangan kehidupan yang akan dihadapi semakin berkembang. Karenanya, perguruan tinggi perlu menyesuaikan kurikulum yang diterapkan di lembaganya masing-masing. Penelitian ini mencoba menelusuri proses penyusunan kurikulum di salah program studi Fakultas Agama Islam, yaitu Pendidikan Agama Islam serta bagaimana penerapan proses pembelajaran yang dilakukan oleh setiap dosen. Penelitian ini merupakan penelitian kulitatif dengan pendekatan studi dokumen dan lapangan. Hasil penelitian menemukan bahwa program studi PAI, dalam merancang kurikulum dengan berbagai pendektan, baik teologis, yuridis, filosofis, psikologis, dan teknologis. Profil lulusan tergambar dengan jelas dan dijabarkan dengan penyusunan kurikulum dengan Satuan Kredit Semester (SKS) wajib sebanyak 135 SKS dengan 57 mata kuliah. Dalam praktiknya, para dosen telah menggunakan berbagai teori dalam proses pembelajarannya, baik nativisme, konstruktivisme, behaviorisme, empirisme, ataupun konvergen diwarnai dengan nilai-nilai keislaman yang sesuai dengan ideologi pendidikan Islam yang bercorak <em>humanism theocentrisme</em>.</p>

Hugo Grotius has always been viewed as a theorist of either international or natural law. However, these designations obscure the civic focus of his work, from his early republican treatises through to De iure belli ac pacis. From sixteenth-century humanist and legal-humanist Aristotelianism, Grotius constructed a framework of natural right which enabled him on the one hand to locate the origins of the civil community in natural man's juridical capabilities, but on the other to give this ‘city’ a large measure of juridical autonomy in respect of the moral norms of natural law. In this he diverged significantly from the contemporary scholastic handling of natural law. Grotius further developed his understanding of the civil community and its right through elaborating a theory of the unity of the city, based originally on the Aristotelian notion of reciprocity but ultimately using a range of neo-Stoic sources to conceive of the civil community as a unitary reality.

AbstractThis is the first part of a series on little known Frisian jurists from the end of the 15th until the beginning of the 17th century who have left printed editions of their works. The present contribution deals with three of them: Haring Sinnema (ca. 1465 – 1513), professor in Cologne and member of the Reichskammergericht, author of a primer on civil and canon law (1491); Boëtius Epo (1529 – 1599), professor at the counter-reformist University of Douai since its erection in 1562, whose works mainly concern canon law; Johannes Basius (ca. 1540 – 1596), agent and adviser of Prince William of Orange, author of Paradoxarum disputationum iuris civilis libri IIII (1575), known for excessive criticism on some wellknown humanist contemporaries.

AbstractIn Homo Juridicus, Alain Supiot argues that law has an 'anthropological' function – constituting people as rational beings by linking together their biological and symbolic dimensions. The law also serves a 'dogmatic function', embodying Western values and serving as a bar to totalitarian scientism and tempering the excesses of technology in the workplace. However, the anthropological function of the law has been undermined by the advance of science and economics and widespread privatisation, contractualisation and deregulation. This article contests Supiot's claims, especially as regards Marxism, counterposing his position to that of Bolshevik legal theorist Evgeny Pashukanis. Pashukanis's insights into the relationship between law and capitalism are used to re-frame Supiot's argument and to undermine his contention that globalisation is inimical to law. Pashukanis is also invoked to contest the claims that the anthropological function of the law is the only alternative to totalitarianism and that law serves to 'humanise' technology.

AbstractThis paper analyses the concepts of three great Romanian thinkers –theoreticians and philosophers of law – on the relations between law, morals and manners in order to discover, based on their idea filiation in the juridical Romanian culture, the differences of method and contents between them, to identify the practical implication in the field of performing the justice and law-making. Being trained and positioned in the core of the European juridical culture of their time, they reviewed the relations between law and morals, in a rationalist and humanist way, substantiating the need for the law to follow morals, the ethical principles both historically, and practically, the law-making being comprised as well. Thus, they leave room to the expression of human’s basic rights and freedoms in a democratic judicial order, while the rules of law subordinating the morals and manner proved to be widely open to totalitarianism.

This article aims to analyze the constitution of a subject of right capable of respect and esteem through the concept of capacity elaborated by Paul Ricœur. It intends to evaluate the capable, emancipated human being, the self that has an ethical and moral dimension and that is susceptible of ethical and juridical imputation, as it is explained in “Who is the Subject of Rights?” in The Just. There is an erratum for this article located here.

<p><em>The construction of the law is a sustainable development, because the formation of the law was never completed. This is because the law develops as the community develops. In carrying out legal development there must be a determinant of the direction, the direction of legal development, as well as the development of criminal law in Indonesia. Based on this, it will be examined how the politics of criminal law development law in Indonesia, as well as how the approach used in order to create substantive justice</em><em>. </em><em>To achieve this goal is used qualitative research type with normative juridical approach. To obtain the data used historical, philosophical and hermeneutic approach</em><em>. </em><em>The results of this study show that the politics of law that is the direction of criminal law development in order to create substantive justice is the politics of law based on Pancasila, while the approach used is a religious approach, scientific approach, policy approach and humanist approach</em>.</p><p>Pembangunan hukum merupakan pembangunan yang berkelanjutan, karena pembentukan hukum itu tidak pernah selesai. Hal tersebut dikarenakan hukum berkembang seiring perkembangan masyarakat yang bersangkutan. Dalam melakukan pembangunan hukum harus ada penentu arah, ke mana arah pembangunan hukum, demikian juga halnya dalam pembangunan hukum pidana di Indonesia. Berdasarkan hal tersebut maka tulisan bertujuan untuk mengkaji bagaimana politik hukum pembangunan hukum pidana di Indonesia, serta bagaimana pendekatan yang digunakan agar dapat menciptakan keadilan substantif. Untuk mencapai tujuan tersebut digunakan jenis penelitian kualitatif dengan pendekatan yuridis normatif. Untuk mendapatkan data digunakan pendekatan historis, filosofis dan hermeneutik. Hasil penelitian ini menunjukkan bahwa politik hukum yang menjadi arah pembangunan hukum pidana agar tercipta keadilan substantif adalah politik hukum berdasarkan Pancasila. Sedangkan pendekatan yang digunakan agar dapat terwujud keadilan substantif dalam pembangunan hukum adalah pendekatan religius, pendekatan keilmuan, pendekatan kebijakan dan pendekatan humanis.</p>

Lazarillo’s ConfessionIn Friedrich Schlegel’s ‘Letter on the Novel’ Fielding is opposed to Sterne, i.e. vulgar realism as opposed to spiritual form and inward imagination. The short anonymous novel about Lazarillo is here taken as an early specimen of novelistic realism and thus as part of the origin of the trend in the history of the genre, which is the object of Schlegel’s elitist scorn. At the background of depictions of contemporary poverty, Lazarillo de Tormes is read along the line of Humanist Christianity, represented by Vives. Various implicit references to the Bible are highlighted. At the level of form the autobiographical first-person narrative is seen in the light of confession and juridical testimony in a period strongly marked by the Inquisition.

Since the past, stigma and various forms of discrimination have continued to haunt disabled groups. They become a group that is marginalized from society due to the limitations they experience. Diffable groups should be seen as part of a society that has different abilities. In Islamic doctrine, marginalization and discrimination against these disabled groups is an act that is blamed and prohibited because basically all humans have the same position before God and the only difference is the degree of holiness. Therefore, Islamic law through fiqh products must participate in legitimizing the fulfillment of rights for disabled groups from a religious perspective. This paper will examine the importance of the formulation of fiqh with disabilities as part of respecting human values ​​taught by Islam. Using the theo-anthro-juridical term, this paper will also describe the foundations in formulating the fiqh of persons with disabilities, including theological, humanist, and legal foundations.

This study discusses the Optimization of Mediation in the Resolution of Marriage Disputes in Court. Marriage is an essential event in human life as a legal and religious act. Along the household's journey as husband and wife, it is not uncommon for differences of opinion or principles between husband and wife to occur, which end up threatening the integrity of a marriage. Mediation as one of the Alternative Dispute Resolution (ADR) is seen as a humanist and equitable way of resolving disputes. Humanist because the decision-making mechanism (peace agreement) is the authority of the parties to the dispute and maintains good relations. Fair because each party negotiates options for resolving the problem. Divorce cases in religious courts are first required to be mediated; Mediation is carried out to resolve problems to reconcile the husband and wife. This study uses a normative juridical research method using a statutory approach that focuses on optimizing Mediation in the Resolution of Marriage Disputes in Court. The result of this study is that the optimization of Mediation in court cannot be separated in several ways, namely the Supreme Court, as part of law enforcement, which issued PERMA No. 1 of 2016 concerning mediation procedures in court, is the right step in resolving disputes, especially marital disputes. In addition, the role of competent mediators, cooperative parties, and reasonable legal culture. Keywords : Optimization, Mediation, Marriage Dispute

Abstract This article locates Fredric Jameson’s Allegory and Ideology (2019) in the context of the broader trajectory of his career-long critique of the bourgeois centred subject. It argues that, for Jameson, the project of critique requires systematic depersonalisation at the level of thought. Contrary to negative liberal humanist interpretations of depersonalisation, Jameson stresses its hidden, revolutionary potential. Where his earlier work eschewed metanarratives of modernity premised upon shifts in subjectivity, preferring conjunctural or situational analyses, his more recent work – Antinomies of Realism (2013) and Allegory and Ideology in particular – develops a materialist version of just such metanarratives. The article concludes with a detailed application of Jameson’s allegorical method to the figure of the ‘person’ under capitalism, which can be sub-divided into the four levels of: individual, citizen/juridical person, infrastructural personifications, and the realm of social reproduction.

This article examines and analyzes law enforcement in criminal acts committed by children. Law enforcement has always been preoccupied with general and conventional crimes committed by adults. In fact, along with the development of society and technology, several criminal cases have been committed by children. Considering that children need protection to grow and develop optimally, children who commit crimes must be given special treatment in terms of procedural law, criminal threats, and fulfillment of childrens rights, which are different from adults. This research is normative and empirical juridical research with a socio-legal approach. Primary data collection was carried out by interviewing sources determined through the snowball technique, while secondary data collection was carried out by library research. The collected data is then processed through the stages of checking, tagging, compiling, and systematizing. The data that has been processed is then analyzed interactively, which consists of description activities and data reflection.Challenges to law enforcement against perpetrators of criminal acts in Indonesia include the high tendency to detain and imprison children, violations of childrens right to a fair trial, and the demands of prosecutors and judges decisions are still dominated by prison sentences.The strategy for law enforcement against child perpetrators of mass crimes is based on a humanist legal approach through issuing sentencing guidelines and adopting the concept of children hearing system, optimizing the role of the police in implementing diversion, and optimizing community participation in child protection.

RESUMOO presente texto pretende estabelecer que a pessoa jurídica, em suas distintas expressões, pode e deve ser considerada como sujeito de direitos humanos. Analisando distintas posições relacionais busca demonstrar o distinto status jurídico que, tanto em perspectiva substancial quanto processual, pode ter reconhecidos pelas instancias administrativa e jurisdicional como titulares de certos direitos e como destinatárias da proteção jurídica inerente aos direitos humanos.PALAVRAS-CHAVE: Sujeito de Direito; Pessoa; Pessoa Jurídica; Direitos Humanos; Capitalismo Humanista; Direito Quântico.ABSTRACT The present text intends to establish that the juridical person, in its different expressions, can and should be considered as subject of human rights. Analyzing different relational positions, it seeks to demonstrate the distinct legal status that, bothin a substantive and procedural perspective, can be recognized by the administrative and jurisdictional instances as holders of certain rights and as recipient of the legal protection inherent in human rights. KEYWORDS: Subject of law; person; legal person; Human Rights; Humanist Capitalism; Quantum Law.

The following legal-historical research is critical of “Islamist” narratives and their desacralized reverberations claiming that Arab-Muslim receptivity to terror is axiomatic to “cultural experiences” figuring subjects conforming to Arab-Islamic philosophical theology. The critique is founded on deconstructing—while adopting a Third World Approach to International Law (TWAIL)—the (im)moral consequences resulting from such rhetoric interpreting the Arab uprising of 2011 from the early days as certainly metamorphosing into an “Islamist Winter”. This secular-humanist hypostasis reminded critics that International Law and International Relations continues to assert that Latin-European philosophical theology furnishes the exclusive temporal coordinates required to attain “modernity” as telos of history and “civil society” as ethos of governance. In addition, the research highlights that such culturalist assertation—separating between law and morality—tolerates secular logic decriminalizing acts patently violating International Law since essentializing Arab-Muslims as temporally positioned “outside law” provides liberal-secular modernity ontological security. Put differently, “culture talk” affirms that since a secular-humanist imaginary of historical evolution stipulates that it is “inevitable” and “natural” that any “non-secular” Arab protests will unavoidably lead to lawlessness, it therefore becomes imperative to suspiciously approach the “Islamist” narrative of 2011 thus deconstructing the formulation of juridical doctrines (i.e., Bethlehem Legal Principles) decriminalizing acts arising from a principle of pre-emption “moralizing” demographic and geographic alterations (i.e., Operation Timber Sycamore) across Arabia. The research concludes that jus gentium continues to be characterized by a temporal inclusive exclusion with its redemptive ramifications—authorized by sovereign power—catalyzing “epistemic violence” resulting in en-masse exodus and slayed bodies across Arabia.

This article shows that Islam has laid the foundations of agrarian law reform or land reform, from the oppressive and exploitative pre-Islamic system of land ownership towards the fair, equitable and humanist-religious-based distribution of land ownership. The purpose of agrarian reform cannot be separated from the objectives of the law in general, that is to create justice, expediency and law certainty which describe the legal values either juridical, sociological or philosophical. To explain the idea of agrarian reform in Islamic law, there are some discussions proving the existence of the notion of land ownership reform in terms of the process of land right ownership and patterns of land distribution by the State based on the historical data, especially early history of Islam. Shifting paradigm from the feudalist pre-Islamic ownership system to the communalist-religious Islamic ownership system under the single authority of the head of state on the basis of the principle of fairness rests on the spirit to realize the ideals of public benefit.

I argue from The Elements of Law, De Cive and Leviathan that Hobbes constructed his state of nature drawing on an eclectic range of ideas – from Plato, Thucydides, Pyrrhonism and Chillingworth, and even Descartes. Sometimes he adapted themes and ideas from his reading and sometimes he reacted against them. His early humanist studies and work on Thucydides and Aristotle provided an important foundation. His account of primitive history was based on the ancient theory of historical progress, which he thought was validated by native Americans. The traditional view of the anarchy of civil war was a ready companion to this theory. He developed a theory of moral relativity based on Pyrrhonism, the Protestant exaltation of the individual conscience, and a radical theory of subjective natural right that seems to owe much to Fernando Vázquez. His novel theory of natural equality rejects the traditional juridical and theological idea for one that capitalizes on contemporary fear of social equality. Finally, his theory of the passions that produce the war of all against all are almost certainly drawn from Thucydides.

Contemporary liberal assertions equate illegal oppression and practices of expulsion from the juridical order with exclusion from humanity. It is often argued that violence ensuing from the abandonment of persons beyond the pale of the law not only violates their humanity but also, and perhaps more crucially dehumanizes them or constitutes them as less than human. While the objective of these critical assertions is to expose the radical evil that illegal violence can institute, they also establish an equation between the protection of the law and the constitution of humanity, effectively granting the former a magical power to endow the latter. Moreover, these critical assertions reproduce a particular conviction that humanity is a status to be recognized and conferred, or seized and taken away. Rather than leave this relation between humanity and the law intact, by pointing to its political instrumentality in contemporary human rights campaigns, this paper examines what this relation does to politics and to subjects of violence beyond its instrumental use directed at highlighting the suffering of subjects (by employing a dehumanization rhetoric) and at insisting on human-rights-based remedies to combat it. The paper asks the following questions. First, what conceptual and theoretical assumptions about humanity and the law, as well as about the relation between them, make possible the dehumanization argument? Second, to what degree has the law's conception of humanity as a status moved beyond the juridical field, leading many humanist practitioners to assert, albeit critically, that certain groups and individuals are dehumanized? And, finally, what other ways of being human are foreclosed by the conceptual assumptions grounding the law-based humanity argument?

The existence of restorative justice certainly brings a new paradigm in the settlement of criminal cases by seeking to resolve cases solely outside of court. The implementation of restorative justice-based prosecution termination can be applied to theft, which has the highest number of cases in Indonesia. This is because the Covid-19 pandemic created a moral crisis that led to a drastic increase in theft crimes in Indonesia, disrupting economic stability. Recently, restorative justice houses have been established in each jurisdiction of the prosecutor's office to optimize the resolution of legal problems by filtering cases that go to court, disseminating law to local residents, and involving local traditional leaders to develop local wisdom and emphasize consensus deliberation. The research approach used a normative juridical method, referencing laws and regulations sourced from primary data and literature studies on criminal law in Indonesia, which were then processed to draw specific conclusions. The study's results show that humanist restorative justice houses are an alternative for solving theft cases. The embodiment of restorative justice in a hybrid way within the prosecutor's office will establish it as a humane law enforcement agency in Lampung province.

The existence of restorative justice certainly brings a new paradigm in the settlement of criminal cases, by seeking to settle cases solely outside the court. The implementation of restorative justice-based termination of prosecution can be applied to the crime of theft as the highest number of cases in Indonesia. Meanwhile, there has recently been the establishment of restorative justice houses in each jurisdiction of the prosecutor's office to optimize the resolution of all legal problems by filtering cases that go to court, dissemination of law to residents, and being able to develop local wisdom by involving local traditional leaders to emphasize consensus deliberation. In essence, Islamic law is a modern law because it has recognized the form of restorative justice settlement in jarimah qisas and diyat. The concept of restorative justice in Islamic criminal law is carried out through peace and forgiveness by realizing the creation of justice and balance for the perpetrators of criminal acts and the victims themselves. The research approach is to use a normative juridical method with reference to laws and regulations sourced from primary data and literature studies originating from criminal law literature in Indonesia, which is then processed into a specific conclusion. The results of the study show that humanist restorative justice houses are an alternative to solving cases of theft. the embodiment of restorative justice in a hybrid way within the prosecutor's office will be achieved as a humane law enforcement agency in Lampung province. Forgiveness given by the victim, or his family can cancel the kisas punishment. Through the concept of diyat, compensation for compensation for the consequences of the crime can be felt directly by the victim or his family

Abstract: Rechtstaat and Constitutionalism in the Thought of Abdurrahman Wahid (1940-2009) and Hasyim Muzadi (1944-2017). This study aims to explore the thoughts of Abdurrahman Wahid and Hasyim Muzadi about rechtstaat and constitutionalism. This study uses the juridical-normative method with the historical-normative approach and the type of qualitative data. The data sources consist of primary, secondary, and tertiary data obtained from the number of literature and documentation. While the data collection techniques are obtained from book reviews and documentation. Data analysis method is conducted deductively and inductively. The result of this study reveals that the state law and the constitutionalism in the thoughts of Abdurrahman Wahid and Hasyim Muzadi refer to the constitution of Madinah and civil society in relation to religion and state. Abdurrahman Wahid and Hasyim Muzadi can be positioned as substantial, pluralist, nationalist, and humanist religious thinkers. Abdurrahman Wahid and Hasyim Muzadi’s contribution has proved to give improvements in strengthening the relationship between religion and state in Indonesia and has implications for rechtstaat’s future and constitutionalism in the Islamic legal system in Indonesia. The critical findings of this research are the thoughts of Abdurrahman Wahid, and Hasyim Muzadi provides enlightenment of idea and solution to the problematic rechtstaat with a cultural-religious approach.

AbstractPublished by é ditions Autrement under the direction of Sophie Aurenche, this book examines euthanasia as a current subject of discussion in France. The January 2000 decision rendered by the Comité consultative national d'éthique (CCNE) accepting euthanasia in extenuating circumstances, and the passing of the March 2002 law on the rights of patients, including the right to a dignified death, have reopened the debate on the subject of euthanasia. No longer discussed only in the back rooms of the hospital or among those practising within the ethical and juridical spheres, euthanasia has emerged into the public domain. Journalist Sophie Aurenche has facilitated the debate by giving voice to speakers from a number of disciplines; each brings expertise and knowledge to the discussion and each examines the following question: is euthanasia a humanist duty or an inhumane practice? In the first section of the book, the texts address the question based on the meaning of the term euthanasia and its related concepts. The second half is dedicated to testimonies and reflections on the experience and practice of euthanasia. This book is a must for those interested in the study and repercussions of euthanasia and palliative care. The studies brought together in this volume as well as the realities they describe should be consulted in any future research on possible solutions envisioned on the issue of euthanasia.

The author argues that the politicization of life discussed by many modern and contemporary political thinkers cannot be treated differently, and hence without the similar curiosity and importance, from the politicization of death. The dead body represents a powerful symbol and as such it is often politicized. The paper deals with the problem of postmortem violence and juridico-political mechanisms aimed at excluding from the political body those not being alive but whose dead presence threats the living. For that purposes the author reconstructs Sophocles’ Antigone as a paradigmatic text whose reinterpretation and contextualization serve for rethinking the Greek conceptualization of the dead, and the ways in which the state penetrates into the realm of private attachments and funeral rites, especially when dealing with dead traitors/terrorists. Assuming an equal ontological status of every dead body, the author, on the one hand, defends mortalist humanism as an equal ability to grieve someone’s personal loss against the state-sanctioned politics of mourning, and on the other hand, argues that subjecting the dead to bare death, i.e. by turning them to political corpses as legally constituted dead human entities disposed to postmortem political exclusion, degradation, violence, or to other dehumanizing or depersonalizing practices, accounts for the illegitimate expansion of political power, and thus for the rule of terror, as well as for the ultimate human evil.

Crime in its simplest form can take the form of verbal and non-verbal violence. Verbal and non-verbal violence are often to be carried out collectively, and people who experience verbal or non-verbal violence to be hurt inside. Especially when the victims are children. The problem is why the verbal and non-verbal violence that was carried out collectively received less attention from law enforcement officials? Furthermore, what about the strategy to minimize verbal and non-verbal violence that is carried out collectively in society. This research is a qualitative research model with a normative juridical type by observing, studying, and considering various norms, proper behavior that lives and is practiced in society, as well as theories in criminology and various legal rules that apply in Indonesia, regarding these matters. Verbal and non-verbal violence, especially those carried out collectively, can be reported to law enforcement officials, but given that most of the sentences are under five years in prison, the resolution of this case is in the form of restorative justice, such mediation for peace takes place. In cases of verbal and non-verbal violence, the police encourage the perpetrators and victims to reconcile, because of the short sentence, psychological damage which is difficult to measure the level of loss. Strategies to minimize verbal and non-verbal violence are abandon the styles of language and behavior that ignite those verbal and non-verbal violence in everyday interactions and start humanist communication, which can be taught in early age. Keywords: criminology, verbal violence, non-verbal violence

Global criminal political considerations are strengthening national laws to realise Restorative Justice for the achievement of recovery for victims, perpetrators and the social order of society. The perspective of Restorative Justice can not only be seen from the concept of national law but of course, it can also be seen from the perspective of International Law. One form of Restorative Justice includes Diversi in the Juvenile Criminal Justice System, where Diversi is the result of International Conventions, one of which is the United Nations Rules for The Protection of Juvenile Deprived of Their Liberty (UNRPJ). This paper focuses on the principle that the purpose of criminalising and rectifying criminals is not only a national problem by a particular state but also a general problem by all countries. The research uses a Normative Juridical method with a statute approach, concept and doctrine approach. This research specifically how the contribution of international law in strengthening the ideas and values of Restorative Justice, and its conclusion, restorative justice in the development of criminal policy needs to be given a special space, namely given space for the implementation of restorative justice through policy modify which of course puts forward the idea of recovery for victims, perpetrators and also the community. Restorative justice is familiar in international law, even via the UN congress greater than as soon as it has issued thoughts of struggle by promoting restorative justice. An extra humanist purpose is to be the primary character of international law, as is the precept of worldwide law that each conflict that arises requires a decision that has to be primarily based on humanity.

<ins cite="mailto:hasan" datetime="2015-03-10T07:42"><p>Riddah interpreted by fuqahā’ as those who leave Islam. The punishment was killed based on hadith “man baddala dīnahu faqtulūh.” That understanding is different from the description of the Qur'an in the related verses that actually gives punishment neither physical, but non-physical. Those verses are: al-Ḥajj: 11, al-Mā’idah: 54, al-Naḥl: 106, al-Nisā’: 137, Āli ‘Imrān: 86, and al-Baqarah: 217. Study of the verses of the Qur’an shows that none of the text with ṣāriḥ-lafẓiyyah approach that lead to aggressive and emotional attitude to the suspect of riddah. On the other hand the Qur’an asserted that the type of the punishment is eschatological and negates physical punishments. This qualitative research will intends to make reconstruction of riddah meaning and its legal implications. With a historical approach, juridical, philosophical, ideological and comparative of the riddah meaning contained in the Koran, hadīth, and socio-historical perspective, then the reconstruction of the meaning of riddah should be understood to be more humane, comprehensive, and in accordance with maqāsid sharī'ah.</p></ins><ins cite="mailto:hasan" datetime="2015-03-10T07:42"><p>***</p><p>Riddah dimaknai oleh ulama fikih sebagai orang yang keluar dari Islam. Hukumannnya adalah dibunuh berdasarkan hadis “man baddala dīnahu faqtulūh.” Pemahaman ter¬sebut berbeda dengan gambaran al-Qur’an dalam ayat-ayat terkait yang justru memberikan hukuman yang tidak satu pun bersifat fisik, melainkan non fisik. Ayat-ayat al-Qur’an tersebut adalah: al-Ḥajj: 11, al-Mā’idah: 54, al-Naḥl: 106, al-Nisā’: 137, Āli ‘Imrān: 86, dan al-Baqarah: 217. Telaah atas ayat-ayat al-Qur’an tersebut menunjukkan bahwa tidak satu pun teks secara ṣāriḥ-lafẓiyyah yang mengarah kepada sikap agresif dan emosional terhadap pelaku riddah. Sebaliknya, al-Qur’an menegaskan sanksinya ber¬sifat eskatalogis; dan menegasikan sanksi fisik. Penelitian kualitatif ini menawarkan upaya rekonstruksi makna riddah dan implikasi hukumnya. Dengan pendekatan historis, yuridis filosofis, ideologis dan komparatif terhadap makna yang terdapat dalam al-Qur’an, hadis, dan sosio-historis yang terkait dengan riddah, rekonstruksi terhadap makna riddah semestinya menjadi lebih humanis, komprehensif dan sesuai maqasid syari’ahnya.</p><p>***</p></ins><ins cite="mailto:hasan" datetime="2015-03-10T07:42"><p>Keywords: riddah, jināyah, implikasi hukum, sanksi hukum</p></ins>

In the last couple of decades, philanthropy has become a concern which is taken seriously in the Western world. Normal people give donations and volunteer on a large scale within the institutions of civil society. This is the case for business corporations as well, who now have to act with a form of personal responsibility. Such a responsibility is institutionalized in the big global CSR movement, which has now been integrated in the UN Global Compact. Philanthropy has many dimensions; these include ethical, juridical, political, economic and cultural dimensions. In the last years, a lot has been written about philanthropy from a political, sociological, anthropological and managerial perspective. However, an essential question remains: what does philanthropy mean? In a Greek context, philanthropy is connected to a friendly act towards one’s owns close connections such as family or fellow citizens, and normally utilized to promote one’s own prestige in the city-state. In Roman context, universal humanism, humanitas, was invented. This universal perspective was also supported by Christianity. It is this universal concept of philanthropy which is the foundation for the different philanthropic traditions in Germany, England, France and USA. In each tradition is developed special features of the concept of philanthropy. The four traditions are summarized in the UN universal human rights, which has become the common normative reference for global philanthropy. In this way philanthropy has become, in a modern sense, a charitable act with the aim to promote human happiness independent of gender, class, race, etc. This is the genealogy of the modern understanding of philanthropy, which will be developed in this paper.

O presente trabalho tem por objetivo analisar a necessidade do estudo aprofundado da Sociologia Geral e Sociologia do Direito nas universidades brasileiras. Percebe-se que atualmente não há uma evolução humana, sociológica e científica acerca do assunto em questão. A Sociologia Jurídica ou Sociologia do Direito é uma disciplina propedêutica, normalmente lecionada no primeiro ano dos cursos de direito, juntamente com a Filosofia do Direito. Podemos afirmar também, que estas duas ciências são oriundas, ou filhas, da Filosofia, ciência mãe de todas as outras ciências, nomeadas de Exatas, Humanas e Biológicas. O objetivo deste estudo é analisar as legislações brasileira sobre os cursos superiores de direito. Os objetivos específicos são: entender como é negligenciado por parte dos acadêmicos e professores, o estudo da Sociologia do Direito e Filosofia do Direito nas graduações. Não generalizando, mas através de pesquisa bibliográfica, empírica, pode-se constatar uma tendência ao abandono dessas ciências, seja por preconceito, ou por interesses mais objetivos, como exames da Ordem dos Advogados do Brasil, ou outras provas. Para atingir estes objetivos, optamos por realizar pesquisa de caráter bibliográfico, com referencial teórico.

Simone Weil was certainly no feminist. Still her concept of attention may be helpful for feminists who want to go beyond some current orthodoxies, on the one hand modern theoretical-juridical models of ethics and on the other an impasse in feminist ethics between gynocentric and humanist ethical approaches where such phenomena as care and justice risk to become opposites. These phenomena need alternative moral understandings or frameworks and Weil provides at least a beginning to an open-ended alternative. The genesis of her concept of attention is traced from a material grounding and focus on natural necessities to her mature conceptual ecology and focus on normative necessities in human relations and in the very concept of a human being. An attentive mind can discern this normativity and allow refletion to move beyond partial perspectives. In suh a conception justice and care are not opposites, but rather presuppose each other.

On 10 September 2012, a cat named Tuxedo Stan launched his campaign for mayor of the Halifax Regional Municipality in Nova Scotia, Canada (“Tuxedo Stan for Mayor”). Backed by his human supporters in the Tuxedo Party, he ran on a platform of animal welfare: “Tuxedo Stan for Mayor Because Neglect Isn’t Working.” Artwork Courtesy of Joe Popovitch As a feline activist, Tuxedo Stan joins an unexpected—if not entirely unprecedented—cohort of cats that advocate for animal welfare through their “cute” appeals for humane treatment. From Tuxedo Stan’s internet presence to his appearance on Anderson Cooper’s CNN segment “The RidicuList,” Tuxedo Stan’s cute campaign opens space for a cultural imaginary that differently envisions animals’ and humans’ political responsibilities. Who Can Be a Moral Agent? Iris Marion Young proposes “political responsibility” as a way to answer a question central to human and animal welfare: “How should moral agents—both individual and organizational—think about their responsibilities in relation to structural social injustice?” (7). In legal frameworks, responsibility is connected to liability: an individual acts, harm occurs, and the law decides how much liability the individual should assume. However, Young redefines responsibility in relation to structural injustices, which she conceptualizes as “harms” that result from “structural processes in which many people participate.” Young argues that “because it is therefore difficult for individuals to see a relationship between their own actions and structural outcomes, we have a tendency to distance ourselves from any responsibility for them” (7). Young presents political responsibility as a call to share the responsibility “to engage in actions directed at transforming the structures” and suggests that the less-advantaged might organize and propose “remedies for injustice, because their interests [are] the most acutely at stake” and because they are vulnerable to the actions of others “situated in more powerful and privileged positions” (15). Though Young does not address animals, her conception of responsible agency raises a question: who can be a moral agent? Arguably, the answer to this question changes as cultural imaginaries expand to accommodate difference, including gender- and species-difference. Corey Wrenn analyzes a selection of anti-suffragette postcards that equate granting votes to women as akin to granting votes to cats. Young shifts responsibility from a liability to a political frame, but Wrenn’s work suggests that a further shift is necessary where responsibility is gendered and tied to domestic, feminized roles: Cats and dogs are gendered in contemporary American culture…dogs are thought to be the proper pet for men and cats for women (especially lesbians). This, it turns out, is an old stereotype. In fact, cats were a common symbol in suffragette imagery. Cats represented the domestic sphere, and anti-suffrage postcards often used them to reference female activists. The intent was to portray suffragettes as silly, infantile, incompetent, and ill-suited to political engagement. (Wrenn) Dressing cats in women’s clothing and calling them suffragettes marks women as less-than-human and casts cats as the opposite of human. The frilly garments, worn by cats whose presence evoked the domestic sphere, suggest that women belong in the domestic sphere because they are too soft, or perhaps too cute, to contend with the demands of public life. In addition, the cards that feature domestic scenes suggest that women should account for their families’ welfare ahead of their own, and that women’s refusal to accept this arithmetic marks them as immoral—and irresponsible—subjects. Not Schrödinger's Cat In different ways, Jacques Derrida and Carey Wolfe explore the question Young’s work raises: who can be a moral agent? Derrida and Wolfe complicate the question by adding species difference: how should (human) moral agents think about their responsibilities (to animals)? Prompted by an encounter with his cat, Jacques Derrida follows the figure of the animal, through a variety of texts, in order to make sensible the trace of “the animal” as it has appeared in Western traditions. Derrida’s cat accompanies him as Derrida playfully, and attentively, deconstructs the rationalist, humanist discourses that structure Western philosophy. Discourses, whose tenets reflect the systems of beliefs embedded within a culture, are often both hegemonic and invisible; at least for those who enjoy privileged positions within the culture, discourses may simply appear as common sense or common knowledge. Derrida argues that Western, humanist thinking has created a discourse around “the human” and that this discourse deploys a reductive figure of “the animal” to justify human supremacy and facilitate human exceptionalism. Human exceptionalism is the doctrine that humans’ superiority to animals exempts humans from behaving humanely towards those deemed non-human, and it is the hegemony of the discourse of human exceptionalism that Derrida contravenes. Derrida interrupts by entering the discourse with “his” cat and creating a counter-narrative that troubles “the human” hegemony by redefining what it means to think. Derrida orients his intellectual work as surrender—he surrenders to the gaze of his cat and to his affectionate response to her presence: “the cat I am talking about is a real cat, truly, believe me, a little cat. The cat that looks at me naked and that is truly a little cat, this cat I am talking about…It comes to me as this irreplaceable living being that one day enters my space, into this place where it can encounter me, see me, even see me naked” (6-9, italics in original). The diminutive Derrida uses to describe his cat, she is little and truly a little cat, gestures toward affection, or affect, as the “thing…philosophy has, essentially, had to deprive itself of” (7). For Derrida, rationalist thinking hurries to “enclose and circumscribe the concept of the human as much as that of reason,” and it is through this movement toward enclosure that rationalist humanism fails to think (105). While Derrida questions the ethics of humanist philosophy, Carey Wolfe questions the ethics of humanism. Wolfe argues that “the operative theories and procedures we now have for articulating the social and legal relation between ethics and action are inadequate” because humanism imbues discourses about human and/or animal rights with utilitarian and contractarian logics that are inherently speciesist and therefore flawed (192). Utilitarian approaches attempt to determine the morality of a given action by weighing the act’s aggregate benefit against its aggregate harm. Contractarian approaches evaluate a given (human or animal) subject’s ability to understand and comply with a social contract that stipulates reciprocity; if a subject receives kindness, that subject must understand their implied, moral responsibility to return it. When opponents of animal rights designate animals as less capable of suffering than humans and decide that animals cannot enter moral contracts, animals are then seen as not only undeserving of rights but as incapable of bearing rights. As Wolfe argues, rights discourse—like rationalist humanism—reaches an impasse, and Wolfe proposes posthumanist theory as the way through: “because the discourse of speciesism…anchored in this material, institutional base, can be used to mark any social other, we need to understand that the ethical and philosophical urgency of confronting the institution of speciesism and crafting a posthumanist theory of the subject has nothing to do with whether you like animals” (7, italics in original). Wolfe’s strategic statement marks the necessity of attending to injustice at a structural level; however, as Tuxedo Stan’s campaign demonstrates, at a tactical level, how much you “like” an animal might matter very much. Seriously Cute: Tuxedo Stan as a Moral Agent Tuxedo Stan’s 2012-13 campaign pressed for improved protections for stray and feral cats in the Halifax Regional Municipality (HRM). While “cute” is a subjective, aesthetic judgment, numerous internet sites make claims like: “These 30 Animals With Their Adorable Miniature Versions Are The Cutest Thing Ever. Awwww” (“These 30 Animals”). From Tuxedo Stan’s kitten pictures to the plush versions of Tuxedo Stan, available for purchase on his website, Tuxedo Stan’s campaign positioned him within this cute culture (Chisolm “Official Tuxedo Stan Minion”). Photo Courtesy of Hugh Chisolm, Tuxedo Party The difference between Tuxedo Stan’s cute and the kind of cute invoked by pictures of animals with miniature animals—the difference that connects Tuxedo Stan’s cute to a moral or ethical position—is the narrative of political responsibility attached to his campaign. While existing animal protection laws in Halifax’s Animal Protection Act outlined some protections for animals, “there was a clear oversight in that issues related to cats are not included” (Chisolm TuxedoStan.com). Hugh Chisholm, co-founder of the Tuxedo Party, further notes: There are literally thousands of homeless cats — feral and abandoned— who live by their willpower in the back alleys and streets and bushes in HRM…But there is very little people can do if they want to help, because there is no pound. If there’s a lost or injured dog, you can call the pound and they will come and take the dog and give it a place to stay, and some food and care. But if you do the same thing with a cat, you get nothing, because there’s nothing in place. (Mombourquette) Tuxedo Stan’s campaign mobilizes cute images that reveal the connection between unnoticed and unrelieved suffering. Proceeds from Tuxedo Party merchandise go toward Spay Day HRM, a charity dedicated to “assisting students and low-income families” whose financial situations may prevent them from paying for spay and neuter surgeries (Chisholm TuxedoStan.com). According to his e-book ME: The Tuxedo Stan Story, Stan “wanted to make a difference in the lives of tens of thousands of homeless, unneutered cats in [Halifax Regional Municipality]. We needed a low-cost spay/neuter clinic. We needed a Trap-Neuter-Return and Care program. We needed a sanctuary for homeless, unwanted strays to live out their lives in comfort” (Tuxedo Stanley and Chisholm 14). As does “his” memoir, Tuxedo Stan’s Pledge of Compassion and Action follows Young’s logic of political responsibility. Although his participation is mediated by human organizers, Tuxedo Stan is a cat pressing legislators to “pledge to help the cats” by supporting “a comprehensive feline population control program to humanely control the feline population and prevent suffering” and by creating “an affordable and accessible spay/neuter program” (Chisholm TuxedoStan.com). While framing the feral cat population as a “problem” that must be “fixed” upholds discourses around controlling subjected populations’ reproduction, Tuxedo Stan’s campaign also opens space for a counternarrative that destabilizes the human exceptionalism that encompasses his campaign. A Different ‘Logic’, a Different Cultural Imaginary As Tuxedo Stan launched his campaign in 2012, fellow feline Hank ran for the United States senate seat in Virginia – he received approximately 7,000 votes and placed third (Wyatt) – and “Mayor” Stubbs celebrated his 15th year as the honorary mayor of Talkeetna, Alaska, also in the United States: Fifteen years ago, the citizens of Talkeetna (pop. 800) didn’t like the looks of their candidates for mayor. Around that same time resident Lauri Stec, manager of Nagley’s General Store, saw a box of kittens and decided to adopt one. She named him Stubbs because he didn’t have a tail and soon the whole town was in love with him. So smitten were they with this kitten, in fact, that they wrote him in for mayor instead of deciding on one of the two lesser candidates. (Friedman) Though only Stan and Hank connect their candidacy to animal welfare activism, all three cats’ stories contribute to building a cultural imaginary that has drawn responses across social and news media. Tuxedo Stan’s Facebook page has 19,000+ “likes,” and Stan supporters submit photographs of Tuxedo Stan “minions” spreading Tuxedo Stan’s message. The Tuxedo Party’s website maintains a photo gallery that documents “Tuxedo Stan’s World Tour”: “Tuxedo Stan’s Minions are currently on their world tour spreading his message of hope and compassion for felines around the globe" (Chisholm TuxedoStan.com). Each minion’s photo in the gallery represents humans’ ideological and financial support for Tuxedo Stan. News media supported Tuxedo Stan, Hank for Senate, and Mayor Stubbs’s candidacies in a more ambiguous fashion. While Craig Medred argues that “Silly 'Alaska cat mayor' saga spotlights how easily the media can be scammed” (Medred), a CBC News video announced that Tuxedo Stan was “interested in sinking his claws into the top seat at City Hall” and ready to “mark his territory around the mayor's seat” (“Tuxedo Stan the cat chases Halifax mayor chair”), and Lauren Strapagiel reported on Halifax’s “cuddliest would-be mayor.” In an unexpected echo of Derrida’s language, as Derrida repeats that he is truly talking about a cat, truly a little cat, CNN journalist Anderson Cooper endorses Tuxedo Stan for mayor and follows his endorsement with this statement: If he’s serious about a career in politics, maybe he should come to the United States. Just look at the mayor of Talkeetna, Alaska. That’s Stubbs the cat, and he’s been the mayor for 15 years. I’m not kidding…Not only that, but right now, as we speak, there is a cat running for Senate from Virginia. (Cooper) As he introduces a “Hank for Senate” campaign video, again Cooper mentions that he is “not kidding.” While Cooper’s “not kidding” echoes Derrida’s “truly,” the difference in meanings is différance. For Derrida, his encounter with his cat is “a matter of developing another ‘logic’ of decision, of the response and of the event…a matter of reinscribing the différance between reaction and response, and hence this historicity of ethical, juridical, or political responsibility, within another thinking of life, of the living, within another relation of the living, to their own…reactional automaticity” (126). Derrida proceeds through the impasse, the limit he identifies within philosophical engagements with animals, by tracing the ways his little cat’s presence affects him. Derrida finds another logic, which is not logic but surrender, to accommodate what he, like Young, terms “political responsibility.” Cooper, however, applies the hegemonic logic of human exceptionalism to his engagement with feline interlocutors, Tuxedo Stan, Hank for Senate, and Mayor Stubbs. Although Cooper’s segment, called “The RidicuList,” makes a pretense of political responsibility, it is different in kind from the pretense made in Tuxedo Stan’s campaign. As Derrida argues, a “pretense…even a simple pretense, consists in rendering a sensible trace illegible or imperceptible” (135). Tuxedo Stan’s campaign pretends that Tuxedo Stan fits within humanist, hegemonic notions of mayoral candidacy and then mobilizes this cute pretense in aid of political responsibility; the pretense—the pretense in which Tuxedo Stan’s human fans and supporters engage—renders the “sensible” trace of human exceptionalism illegible, if not imperceptible. Cooper’s pretense, however, works to make legible the trace of human exceptionalism and so to reinscribe its discursive hegemony. Discursively, the political potential of cute in Tuxedo Stan’s campaign is that Tuxedo Stan’s activism complicates humanist and posthumanist thinking about agency, about ethics, and about political responsibility. Thinking about animals may not change animals’ lives, but it may change (post)humans’ responses to these questions: Who can be a moral agent? How should moral agents—both individual and organizational, both human and animal—“think” about how they respond to structural social injustice? Epilogue: A Political Response Tuxedo Stan died of kidney cancer on 8 September 2013. Before he died, Tuxedo Stan’s campaign yielded improved cat protection legislation as well as a $40,000 endowment to create a spay-and-neuter facility accessible to low-income families. Tuxedo Stan’s litter mate, Earl Grey, carries on Tuxedo Stan’s work. Earl Grey’s campaign platform expands the Tuxedo Party’s appeals for animal welfare, and Earl Grey maintains the Tuxedo Party’s presence on Facebook, on Twitter (@TuxedoParty and @TuxedoEarlGrey), and at TuxedoStan.com (Chisholm TuxedoStan.com). On 27 February 2014, Agriculture Minister Keith Colwell of Nova Scotia released draft legislation whose standards of care aim to prevent distress and cruelty to pets and to strengthen their protection. They…include proposals on companion animal restraints, outdoor care, shelters, companion animal pens and enclosures, abandonment of companion animals, as well as the transportation and sale of companion animals…The standards also include cats, and the hope is to have legislation ready to introduce in the spring and enacted by the fall. (“Nova Scotia cracks down”) References Chisolm, Hugh. “Tuxedo Stan Kitten.” Tuxedo Party Facebook Page, 20 Oct. 2012. 2 Mar. 2014. Chisholm, Hugh. “Official Tuxedo Stan Minion.” TuxedoStan.com. Tuxedo Stanley and the Tuxedo Party. 2 Mar. 2014. Chisolm, Hugh. “You're Voting for Fred? Not at MY Polling Station!” Tuxedo Party Facebook Page, 20 Oct. 2012. 2 Mar. 2014. Chisholm, Hugh, and Kathy Chisholm. TuxedoStan.com. Tuxedo Stanley and the Tuxedo Party. 2 Mar. 2014. Cooper, Anderson. “The RidicuList.” CNN Anderson Cooper 360, 24 Sep. 2012. 2 Mar. 2014. Crenshaw, Kimberlé. “Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics.” University of Chicago Legal Forum 1989: 139–67. 2 Mar. 2014. Derrida, Jacques. The Animal That Therefore I Am. Trans. David Willis. New York: Fordham University Press, 2008. Friedman, Amy. “Cat Marks 15 Years as Mayor of Alaska Town.” Newsfeed.time.com, 17 July 2012. 2 March 2014. Medred, Craig. “Silly ‘Alaska Cat Mayor’ Saga Spotlights How Easily the Media Can Be Scammed.” Alaska Dispatch, 11 Sep. 2014. 2 Mar. 2014. Mombourquette, Angela. “Candidate’s Ethics Are as Finely Honed as His Claws.” The Chronicle Herald, 27 Aug. 2012. 2 Mar. 2014. “Nova Scotia Cracks Down on Tethering of Dogs.” The Chronicle Herald 27 Feb. 2014. 2 Mar. 2014. Pace, Natasha. “Halifax City Council Doles Out Cash to Help Control the Feral Cat Population.” Global News 14 May 2013. 2 Mar. 2014. Popovitch, Joe. “Tuxedo Stan for Mayor Because Neglect Isn’t Working.” RefuseToBeBoring.com. 2 Mar. 2014. Strapagiel, Lauren. “Tuxedo Stan, Beloved Halifax Cat Politician, Dead at 3.” OCanada.com, 9 Sep. 2013. 2 Mar. 2014. “These 30 Animals with Their Adorable Miniatures Are the Cutest Thing Ever. Awwww.” WorthyToShare.com, n.d. 2 Mar. 2014. “Tuxedo Stan for Mayor Dinner Highlights.” Vimeo.com, 2 Mar. 2014. Tuxedo Stanley, and Kathy Chisholm. ME: The Tuxedo Stan Story. Upper Tantallon, Nova Scotia: Ailurophile Publishing, 2014. 2 Mar. 2014. “Tuxedo Stan the Cat Chases Halifax Mayor Chair.” CBC News, 13 Aug. 2012. 2 Mar. 2014. Wolfe, Cary. Animal Rites: American Culture, the Discourse of Species, and Posthumanist Theory. Chicago: University of Chicago Press, 2003. Wrenn, Corey. “Suffragette Cats Are the Original Cat Ladies.” Jezebel.com, 6 Dec. 2013. 2 Mar. 2014. Wyatt, Susan. “Hank, the Cat Who Ran for Virginia Senate, Gets MMore than 7,000 Votes.” King5.com The Pet Dish, 7 Nov. 2012. 2 Mar. 2014. Young, Iris Marion. “Political Responsibility and Structural Injustice.” Lindley Lecture. Department of Philosophy, University of Kansas. 5 May 2003.

Abstract. Prison sanctions are excellent for law enforcement officials and problems in law enforcement in West Java, as a result of which the state budget swells for prisoners and the overcapacity of prison residents in the West Java region is a problem that needs to be addressed, this is in order to reconstruct new thinking in order to realize the goal of a more humanist punishment. The author examines the termination of prosecution of minor crimes through the application of restorative justice linked to the purpose of punishment with the aim of knowing and analyzing considerations for the application of restorative justice in minor crimes based on criminal law and to find out and analyze the juridical implications of restorative justice in Attorney General Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice in the West Java High Prosecutor's Office. To achieve the above objectives, the author conducts descriptive research, which is to analyze and describe systematically, factually, and accurately the provisions related to Juridical implications regarding the termination of prosecution of minor criminal acts through the application of restorative justice. The type of research used is normative juridical using a statute approach. Data are obtained through the study of documents and analyzed using qualitative normative methods. Based on the results of the study, it is known that the consideration of stopping the prosecution of minor criminal cases in the West Java High Prosecutor's Office is a legal breakthrough in an effort to resolve criminal cases effectively based on the principles of balance, sense of justice, the principle of benefits and creating social welfare, The public prosecutor has the authority to stop prosecutions for the benefit of the victim and other protected legal interests in order to avoid negative stigma, avoidance of reprisals, response and harmony of society, and decency and public order by taking into account the principle of salus populi suprema lex which is meaningful "people's safety is the highest law" so the application of Restorative Justice is one of the appropriate solutions to reduce the capacity of prisoners from prisons in West Java. And the juridical implications of stopping the prosecution of minor criminal cases based on restorative justice show that the implementation mechanism has fulfilled the objectives of protecting human rights, the West Java High Prosecutor's Office And the juridical implications of stopping the prosecution of minor criminal cases based on restorative justice show that the implementation mechanism has fulfilled the objectives of protecting human rights, the West Java High Prosecutor's Office with its application puts forward the concept of restorative houses as a place for the peace process as well as a means of socialization to provide legal understanding to the community, Prosecutors have a strategic position and role in the law enforcement process within the framework of an integrated criminal justice system as a master of process or dominus litis whose one function is to screen a criminal case and determine whether or not a criminal case should be forwarded to the judiciary taking into account the purpose of the law. The paradigm of successful criminal law enforcement is no longer oriented as a means of retaliation, but rather the restoration of justice that does not focus on punishment. Abstrak. Sanksi pidana penjara menjadi primadona bagi aparat penegak hukum dan problematika dalam penegakan hukum (law enforcement) di Jawa Barat, akibatnya anggaran negara membengkak untuk narapidana dan over kapasitas penghuni lembaga pemasyarakatan di wilayah Jawa Barat menjadi permasalahan yang perlu ditanggulangi, hal ini dalam rangka merekonstruksi pemikiran baru guna mewujudkan tujuan pemidanaan yang lebih bersifat humanis. Penulis meneliti penghentian penuntutan tindak pidana ringan melalui penerapan restorative justice dihubungkan dengan tujuan pemidanaan dengan tujuan untuk mengetahui dan menganalisis pertimbangan penerapan restorative justice dalam tindak pidana ringan berdasarkan hukum pidana serta untuk mengetahui dan menganalisis Implikasi yuridis restorative justice dalam Peraturan Jaksa Agung Nomor 15 Tahun 2020 tentang Penghentian Penuntutan Berdasarkan Keadilan Restoratif di Kejaksaan Tinggi Jawa Barat. Untuk mencapai tujuan di atas, penulis melakukan penelitian deskriptif, yaitu menganalisis dan menggambarkan secara sistematis, faktual, dan akurat ketentuan yang terkait Implikasi yuridis mengenai penghentian penuntutan tindak pidana ringan melalui penerapan keadilan restoratif. Jenis penelitian yang digunakan adalah yuridis normatif dengan menggunakan pendekatan perundang-undangan (statute approach). Data diperoleh melalui studi dokumen dan dianalisis dengan menggunakan metode normatif kualitatif. Berdasarkan hasil penelitian, diketahui bahwa pertimbangan penghentian penuntutan perkara tindak pidana ringan di Kejaksaan Tinggi Jawa Barat merupakan terobosan hukum dalam upaya penyelesaian perkara pidana yang efektif berlandaskan asas keseimbangan, rasa keadilan, asas manfaat dan menciptakan kesejahteraan sosial, penuntut umum berwenang menghentikan penuntutan demi kepentingan korban dan kepentingan hukum lain yang dilindungi demi menghindari stigma negatif, penghindaran pembalasan, respon dan keharmonisan masyarakat, serta kesusilaan dan ketertiban umum dengan memperhatikan asas salus populi suprema lex yang bermakna “keselamatan rakyat merupakan hukum tertinggi” maka penerapan Restorative Justice merupakan salah satu solusi yang tepat guna mengurangi jumlah kapasitas narapidana dari Lapas di Jawa Barat. Dan Implikasi yuridis penghentian penuntutan perkara tindak pidana ringan berdasarkan keadilan restoratif menunjukan bahwa mekanisme pelaksanaannya telah memenuhi tujuan perlindungan Hak Asasi Manusia, Kejaksaan Tinggi Jawa Barat dengan penerapannya mengedepankan konsep rumah restoratif sebagai tempat proses perdamaian sekaligus sarana sosialisasi untuk memberikan pemahaman hukum kepada masyarakat, Jaksa memiliki posisi dan peran strategis dalam proses penegakan hukum dalam bingkai sistem peradilan pidana terpadu sebagai master of process atau dominus litis yang salah satu fungsinya menyaring sebuah perkara pidana dan menentukan perlu tidaknya sebuah perkara pidana diteruskan kepersidangan dengan mempertimbangkan tujuan hukum. Paradigma keberhasilan penegakan hukum pidana tidak lagi berorientasi sebagai sarana pembalasan, melainkan pemulihan keadilan yang tidak menitik beratkan pada penghukuman.

This study aims to look at the imposition of sanctions that govern Pancasila for juvenille deliquency. This study uses a historical approach on the grounds that there are changes and developments in the meaning and purpose of punishment from a view that was originally oriented towards traditional retributive views that saw criminal sanctions as punitive towards a more human or humanist conception of punishment by emphasizing the element of corrective action. crimes, namely children and a comparative juridical approach that is focused on the formulation of alternatives to child criminal sanctions in several KUHPs of foreign countries. The results showed that the strategy of developing sanctions against children who committed crimes had been carried out through the enactment of Law No. 11 of 2012 concerning the Child Criminal Justice System three principles of punishment recognized in UUSPPA, namely the principle of criminal responsibility, the principle of the best interes of the child and the ultimum principle remidium. The three principles of punishment are also the basis of the formation of UUSPPA so that two punitive conditions apply for children in conflict with the law, namely the terms of absolute punishment and the conditions for relative punishment. The imposition of sanctions that affect the Pancasila for children who commit criminal acts in the form of verbal sanctions is considered more humanistic because with children's verbal sanctions avoid negative stigma that can affect the future of the child.

Traditional law enforcement often focuses on punishing perpetrators without regard to restoring victims and damaged social relationships. Restorative Justice (RJ) has emerged as an alternative that emphasizes restoring victim harm, offender responsibility, and repairing social relationships. Sukoharjo Regency implemented RJ to resolve criminal cases more humanistically and efficiently. This study aims to analyze the implementation of RJ in handling criminal cases at Sukoharjo Police, evaluate its compliance with Standard Operating Procedures (SOPs), and assess public views on this approach. This research used a qualitative method type empirical juridical. Data were collected through in-depth interviews with police officers, victims, perpetrators, and community leaders, as well as analysis of official documents such as police reports and related regulations. The results showed that the implementation of RJ at Sukoharjo Regency was largely in accordance with the established SOPs. The mediation process is conducted transparently and involves all relevant parties. The community generally has a positive view of RJ, considering it a fairer and more efficient way to resolve criminal cases. However, there are several obstacles, such as limited trained human resources and a lack of public understanding of the RJ concept. RJ implementation at Sukoharjo District Police has successfully achieved the goals of recovery and restorative justice, although there is still room for improvement. Increased education and socialization to the community is needed, as well as additional training for police personnel to become more effective mediators. Sukoharjo Police are advised to increase RJ socialization programs, provide ongoing training for officers, and strengthen coordination with community leaders to support more optimal RJ implementation. Penegakan hukum tradisional seringkali berfokus pada penghukuman pelaku tanpa memperhatikan pemulihan korban dan hubungan sosial yang rusak. Restorative Justice (RJ) muncul sebagai alternatif yang menekankan pada pemulihan kerugian korban, tanggung jawab pelaku, dan perbaikan hubungan sosial. Di Kabupaten Sukoharjo sudah banyak pengimplementasian Restorative Justice untuk menyelesaikan perkara pidana secara lebih humanis dan efisien. Penelitian ini bertujuan untuk menganalisis implementasi RJ dalam penanganan perkara pidana di Sukoharjo, mengevaluasi kepatuhannya terhadap Standar Operasional Prosedur (SOP), serta menilai pandangan masyarakat terhadap pendekatan ini. Penelitian ini menggunakan metode kualitatif dengan pendekatan studi kasus. Data dikumpulkan melalui wawancara mendalam dengan aparat kepolisian, korban, pelaku, dan tokoh masyarakat, serta analisis dokumen resmi seperti laporan kepolisian dan regulasi terkait. Hasil penelitian menunjukkan bahwa implementasi RJ di Sukoharjo sebagian besar sudah sesuai dengan SOP yang ditetapkan. Proses mediasi dilakukan dengan transparan dan melibatkan semua pihak terkait. Masyarakat secara umum memiliki pandangan positif terhadap RJ, menganggapnya sebagai cara yang lebih adil dan efisien dalam menyelesaikan perkara pidana. Namun, terdapat beberapa kendala, seperti keterbatasan sumber daya manusia terlatih dan kurangnya pemahaman masyarakat tentang konsep RJ. Implementasi RJ di Sukoharjo berhasil mencapai tujuan pemulihan dan keadilan restoratif, meskipun masih ada ruang untuk perbaikan. Diperlukan peningkatan edukasi dan sosialisasi kepada masyarakat, serta pelatihan tambahan bagi personel kepolisian untuk menjadi mediator yang lebih efektif. Sukoharjo disarankan untuk meningkatkan program sosialisasi RJ, menyediakan pelatihan berkelanjutan bagi petugas, dan memperkuat koordinasi dengan tokoh masyarakat untuk mendukung pelaksanaan RJ yang lebih optimal.

Indonesia is one of the countries affected by the Covid-19 pandemic, seeing the increasing number of COVID-19 cases, the Indonesian government has taken various policy steps to reduce the number of its spread. The Covid-19 Handling Task Force applies rules against health protocol violators to be dealt with firmly. In this case, several questions arise including how to enforce the law against health protocol violators, as well as how to handle health protocol violators in Majalengka Regency, so that it can then be known to what extent the effectiveness of law enforcement for health protocol violators and the handling of health protocol violators in the region. Majalengka Regency law. As for the theory used to explore the problems above, three theories are used, namely the rule of law theory, law enforcement theory and effectiveness theory. The approach method used is a normative juridical approach, where the data used in this study are secondary data obtained from literature studies and primary data obtained by interview and observation. After the data is collected, then it is analyzed qualitatively. Based on the results of the research from the data obtained, it can be concluded that the efforts of the Majalengka Regency Government in taking action against perpetrators of health protocol violators during the Large-Scale Social Restrictions) and Adaptation of New Habits or New Normal measures are by way of humane action first, namely by given social sanctions, fines up to criminal fines. Regent Regulation Number 74 of 2020 is a government policy/rule related to efforts to break the chain of spread of Covid Disease 19. This policy was carried out in an effort to accelerate the handling of the Covid 19 virus. Lack of public awareness and public apathy towards compliance with health protocol disciplines, caused the government to provide firm attitude in the form of law enforcement and criminal sanctions as preventive control measures against health protocol violators. However, the implementation of the policies that have been carried out in its implementation is still not or less effective. Implementation in the field is not as expected. In the imposition of sanctions and law enforcement must be able to produce policies that are effective in their implementation, so that they can produce the expected legal benefits in an effort to handle the spread of the COVID-19 virus. Negara Indonesia merupakan salah satu negara yang terkena dampak wabah pandemi Covid19, melihat angka kasus covid-19 yang semakin meningkat, pemerintah Indonesia mengambil berbagai langkah kebijakan untuk menekan angka penyebarannya. Satgas Penanganan Covid-19 menerapkan aturan terhadap para pelanggar protokol kesehatan untuk ditindak secara tegas. Dalam hal ini timbul beberapa pertanyaan diantaranya yaitu bagaimana penegakan hukum terhadap pelanggar protokol kesehatan, serta bagaimana penanganan terhadap pelaku pelanggar protokol kesehatan di Kabupaten Majalengka, sehigga kemudian dapat diketahuai sejauh mana efektivitas penegakan hukum bagi para pelanggar protokol kesehatan dan penanganan terhadap pelaku pelanggar protokol kesehatan diwilayah hukum Kabupaten Majalengka. Adapun teori yang digunakan untuk mengupas permasalahan diatas, maka digunakan tiga teori yaitu teori Negara hukum, teori penegakan hukum dan teori efektivitas. Metode Pendekatan yang dipergunakan adalah pendekatan yuridis normative, dimana data yang dipergunakan dalam penelitian ini adalah data sekunder yang diperoleh dari studi kepustakaan dan data primer yang diperoleh dengan cara wawancara dan observasi. Setelah data terkumpul, kemudian dianalisis secara kualitatif. Berdasarkan hasil penelitian dari data yang diperoleh dapat tarik kesimpulan bahwa upaya Pemerintah Kabupaten MAjalengka dalam menindak pelaku pelanggar protokol kesehetan dalam masa PSBB (Pembatasan Sosial Berskala Besar) dan AKB (Adaptasi Kebiasaan Baru) atau New Normal adalah dengan cara penindakan secara humanis terlebih dahulu yaitu dengan diberikan sanksi sosial, denda sampai dengan denda pidana. Peraturan Bupati Nomor 74 Tahun 2020 merupakan kebijakan/aturan pemerintah terkait dengan upaya pemutusan mata rantai penyebaran Covid -19. kebijakan ini dilakukan dalam upaya percepatan penanganan virus Covid-19. Kurangnya kesadaran masyarakat dan sikap apatisme masyarakat terhadap kepatuhan disiplin protokol kesehatan, menyebabkan pemerintah memberikan sikap tegas berupa penegakan hukum dan sanksi pidana sebagai tindakan pengendalian preventif terhadap pelanggar protokol kesehatan. Namun implementasi terhadap kebijakan yang telah dilakukan dalam pelaksanaanya masih belum atau kurang efektif. Implementasi Dilapangan tidak sesuai dengan yang diharapkan. Dalam pengenaan sanksi dan penegakan hukum harus dapat menghasilkan kebijakan yang efektif dalam pelaksanaanya, sehingga dapat menghasilkan kemanfaatan hukum yang diharapkan dalam upaya penanganan penyebaran virus covid -19