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Journal articles on the topic 'The principle of deliberation in law-making'

Author: Grafiati

Published: 2 June 2025

Last updated: 31 July 2025

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1

Junaenah, Inna. "Kontribusi Tatanan Islam terhadap Demokrasi Permusyawaran di Indonesia." AHKAM : Jurnal Ilmu Syariah 16, no. 2 (2016): 163–70. http://dx.doi.org/10.15408/ajis.v16i2.4446.

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The Contributions of Islamic Order to Deliberative Democracy in Indonesia. Many references indicate the dynamic development of democracy with various definitions and classifications. The founding fathers did not want liberal democracy. Therefore, the consultative democracy was selected as outlined in the formulation of the fourth principle of Pancasila. This decision was considered special because there has been a contribution of Islamic thought. This article describes the principles of Islam in the deliberation that carry deliberative democracy including the meaning and purpose of deliberatio

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Kolpakov, V. K. "Deliberation in public governance: a comparative legal analysis of practices in foreign states and Ukraine." Analytical and Comparative Jurisprudence 2, no. 3 (2025): 122–26. https://doi.org/10.24144/2788-6018.2025.03.2.19.

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The article examines deliberative governance in the public sector through a comparative legal analysis of practices in foreign countries and Ukraine. It reveals the conceptual foundations of deliberative governance as a tool for enhancing the democratic legitimacy of public authority by ensuring transparency, citizen participation, and the substantiation of public decisions. The experience of the Federal Republic of Germany, France, Canada, the European Union, Spain, the Netherlands, and the United Kingdom regarding the institutionalization of deliberative procedures in public administration i

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von, schomberg Rene. "The Precautionary Principle: Its Use Within Hard and Soft Law." European Journal of Risk Regulation 3, no. 2 (2012): 147–56. https://doi.org/10.1017/S1867299X00001987.

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The precautionary principle in public decision making concerns situations where following an assessment of the available scientific information, there are reasonable grounds for concern for the possibility of adverse effects on the environment or human health, but scientific uncertainty persists. In such cases provisional risk management measures may be adopted, without having to wait until the reality and seriousness of those adverse effects become fully apparent. This is the definition of the precautionary principle as operationalized under EU law. The precautionary principle is a deliberati

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von Schomberg, René. "The Precautionary Principle: Its Use Within Hard and Soft Law." European Journal of Risk Regulation 3, no. 2 (2012): 147–56. http://dx.doi.org/10.1017/s1867299x00001987.

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The precautionary principle in public decision making concerns situations where following an assessment of the available scientific information, there are reasonable grounds for concern for the possibility of adverse effects on the environment or human health, but scientific uncertainty persists. In such cases provisional risk management measures may be adopted, without having to wait until the reality and seriousness of those adverse effects become fully apparent. This is the definition of the precautionary principle as operationalized under EU law. The precautionary principle is a deliberati

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Biale, Enrico, and Valeria Ottonelli. "Intra-party Deliberation and Reflexive Control within a Deliberative System." Political Theory 47, no. 4 (2018): 500–526. http://dx.doi.org/10.1177/0090591718806829.

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From within a “systemic approach” to deliberative democracy, political parties can be seen as crucial actors in facilitating deliberation, by playing epistemic, motivational, and justificatory functions that are central to the deliberative ideal. However, we point out that if we assume a purely outcome-oriented conception of the role of parties within a deliberative system, we risk losing sight of a central tenet of deliberative democracy and of its distinctive principle of legitimacy, namely, that citizens must be able to exercise critical reflection on the grounds of democratic decisions. We

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Zamzamy, Farhan A’la. "Telaah Ayat Al-Qur'an Tentang Dasar-Dasar Hukum Tata Negara Dalam Konteks Kebijakan Publik." Menara Tebuireng : Jurnal Ilmu-Ilmu Keislaman 20, no. 2 (2025): 154–65. https://doi.org/10.33752/menaratebuireng.v20i2.8399.

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This article discusses the influence of constitutional law in the formation of state policy, with a focus on the application of values contained in the Qur'an. This study examines how the principles of the Qur'an, such as amanah, justice, and deliberation, can be integrated into the framework of modern constitutional law to create public policies that are fair and beneficial to society. The principle of amanah teaches that power must be used with full responsibility and trust from the people, while the principle of justice demands policies that serve all levels of society equally and without

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Mukhammad Soleh, Sinda Eria Ayuni, Marsudi Dedi Putra, et al. "Analysis of the Implementation of Participatory Principles to Improve Democracy: A Case Study in Sukopuro Village Government, Jabung District, Malang Regency." Jurnal Multidisiplin Madani 3, no. 8 (2023): 1784–89. http://dx.doi.org/10.55927/mudima.v3i8.5621.

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Community participation is one of the principles of implementing good village governance. This study aims to analyze the implementation of participatory principles in village government. This research uses empirical legal research methods, primary data collection through interviews and observations as well as literature studies, and uses sociological juridical analysis through data distribution, data reduction and conclusion making. The results showed that the village government has applied the participatory principle. This can be seen from the pattern of drafting Village Regulations and deter

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Hafizah, Rumni, and Johari Jamal. "Prespektif Demokrasi dalam Al-Qur`an; Fondasi Keadilan dan Pemikiran Partisipatif." Lathaif: Literasi Tafsir, Hadis dan Filologi 3, no. 1 (2024): 81. http://dx.doi.org/10.31958/lathaif.v3i1.11867.

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One of the goals of the Qur'an in social life is to create peace and prosperity for mankind by upholding the principles of unity, equality, brotherhood and freedom. Upholding this principle is known as democracy. Democracy can be interpreted as respect for human rights, participation in decision making and equal rights under the law. This research aims to find out how the Koran views democracy. This research was conducted qualitatively using the library method, by analyzing the data descriptively. The results of this research show that the written Qur'an does not mention democracy, but the Qur

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Denisenko, Vladislav V. "Trust as a Factor in the Legitimization of the Law in the Digital State." Theoretical and Applied Law, no. 3 (June 7, 2021): 25–29. https://doi.org/10.22394/2686-7834-2021-3-25-29.

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The article deals with a complex of issues related to trust in the legal system. The problem of understanding trust from the perspective of various types of understanding of law is revealed. The analysis of trust as a factor of legitimation of law is carried out. The author comes to the conclusion that trust in law allows us to reveal the issues of the effectiveness of the law. Trust in the modern digital state is connected with the principle of deliberation in the process of making public legal decisions. 

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Srimadona, Srimadona, and Sulastri Caniago. "TITIK TEMU ANTARA VOTING DAN SYURA DALAM PEMILIHAN PEMIMPIN DI INDONESIA PERSPEKTIF HUKUM TATA NEGARA ISLAM." JISRAH: Jurnal Integrasi Ilmu Syariah 3, no. 2 (2022): 237. http://dx.doi.org/10.31958/jisrah.v3i2.6821.

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This article discusses the position of voting and shura based on constitutional concepts in Indonesia and Islam and how the meeting point between voting and shura in the election of leaders in Indonesia from the perspective of Islamic constitutional law. Using a qualitative approach, this study finds that in a country that adheres to a democratic political system, voting is used to make very important state decisions, such as to elect representatives of the people or to elect a new leader. Voting can be done if consensus is not reached then it can be done by voting (voting). In Islam, shura me

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Riyadi HS, Dedi Eko, Ach Syaiful, Syamsuri Syamsuri, et al. "Analysis Study of Islamic Nomocracy and Pancasila Democracy in Indonesia." International Journal of Multicultural and Multireligious Understanding 7, no. 10 (2020): 745. http://dx.doi.org/10.18415/ijmmu.v7i10.2238.

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Basic Demand is a concept of a rule of law of a nation. An indisputable fact is that in all countries in this world, there is nothing that is not included based on their country, be they communist, liberal, religious, national, or otherwise. In a complete understanding, we can understand that Islam is a comprehensive religion; This right is proven by how Islam can parse and become a solution to various moral and material problems and includes various human activities in life not only in the world but also concerning life in the hereafter. According to the author's analysis, the term nomocracy

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Wahid, Sahid, Muhammad Yusuf, and Mardan Mardan. "The Implementation of Deliberation as a Form of Collective Decision in Islamic Law." Journal of Universal Community Empowerment Provision 4, no. 3 (2024): 131–36. https://doi.org/10.55885/jucep.v4i3.461.

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Deliberation is one of the main principles in Islamic teachings that functions as a means to achieve fair and wise collective decisions. In Islamic law, deliberation plays an important role in the decision-making process, both in the political, social, and legal realms. This study aims to examine in depth the concept of deliberation based on the arguments of the Qur'an and Hadith, and its application in the formation of Islamic law (sharia). Through a normative approach and analysis of classical and contemporary literature, this study highlights the importance of deliberation as a mechanism to

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Draucker, Claire Burke, Andrés Carrión, Mary A. Ott, Ariel I. Hicks, and Amelia Knopf. "A 4-Site Public Deliberation Project on the Acceptability of Youth Self-Consent in Biomedical HIV Prevention Trials: Assessment of Facilitator Fidelity to Key Principles." JMIR Formative Research 9 (February 13, 2025): e58451. https://doi.org/10.2196/58451.

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Background Public deliberation is an approach used to engage persons with diverse perspectives in discussions and decision-making about issues affecting the public that are controversial or value laden. Because experts have identified the need to evaluate facilitator performance, our research team developed a framework to assess the fidelity of facilitator remarks to key principles of public deliberation. Objective This report describes how the framework was used to assess facilitator fidelity in a 4-site public deliberation project on the acceptability of minor self-consent in biomedical HIV

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Hadita, Cynthia, and Susi Dwi Harijanti. "Urgensi Prinsip Musyawarah Terhadap Lembaga Daerah Dalam Perspektif Negara Hukum Pancasila." Jurnal Ilmiah Penegakan Hukum 9, no. 2 (2022): 132–40. http://dx.doi.org/10.31289/jiph.v9i2.8232.

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The problem has not been applied optimally and optimally to the principle of deliberation, besides the need for structuring regional institutions so that they can run effectively and efficiently so that it needs to be studied in the perspective of the state theory of Pancasila law. The purpose of this study is to analyze the urgency of the principle of deliberation towards regional institutions. The research method used is normative juridical. The results showed that the urgency of regional institutions that refer to the principle of deliberation by remembering that Indonesia is a State of Pan

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Taufik, Abdullah. "The Settlement Principles of Divorce through Mediation." Proceeding of International Conference on Engineering, Technology, and Social Sciences (ICONETOS) 1, no. 1 (2020): 78. http://dx.doi.org/10.18860/iconetos.v1i1.1164.

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This paper concerns the principles of mediation in the resolution of disputes in the Religious Courts. Settlement of divorce in a religious court is a part of the procedural procedure in a religious court because divorce case is part of civil law. The settlement follows civil procedural law in general in addition to other provisions stipulated in the procedural law of religious justice. Mediation in a divorce case will assist the parties in resolving and finding a middle ground for the interests of both sides so as not to harm one party and ended up with a win-win solution (mutually beneficial

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Syafi'i, Imam. "Nalar Moderat Istinbat Al-Ahkam Nahdlatul Ulama." Proceedings of Annual Conference for Muslim Scholars 6, no. 1 (2022): 988–1002. http://dx.doi.org/10.36835/ancoms.v6i1.352.

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Islamic law or fiqh is ineffective in responding to legal problems that are happening in society if the tools of the ijtihad or istinbāṭ al-aḥkām process are ignored. The rule “changes in law due to changes in times, places, and conditions” emphasizes the development of law. Therefore, the development of the istinbāṭ al-aḥkām methodology and reforms need to be carried out to be able to accommodate human problems as logical demands in the reality of life. This study examines the dynamics of making legal decisions by Nahdlatul Ulama (NU) in responding to contemporary problems in Indonesia. With

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Jain, Dipika. "Law-Making by and for the People: A Case for Pre-legislative Processes in India." Statute Law Review 41, no. 2 (2019): 189–206. http://dx.doi.org/10.1093/slr/hmz005.

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Abstract Recent legislative trends in India reflect the need for a mandatory pre-legislative process. Pre-legislative consultation affords the benefit of legitimacy to laws arrived at through citizen participation. Furthermore, it informs decision-makers of the lived experiences of those most likely impacted by the legislation. Laws that receive pre-legislative consultation are attuned to realities, which increases the likelihood of their effectiveness. This article explores how several of India’s recent laws that received pre-legislative consultation have been rendered more robust and effecti

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Trujillo, Isabel. "Rule of law, rule of men, and rule of women. Reforming power and decision-making processes." Milan Law Review 5, no. 1 (2024): 34–46. http://dx.doi.org/10.54103/milanlawreview/24199.

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The necessity to provide new guidance to States parties on ensuring equal and inclusive representation of women in decision-making systems according to Articles 7 and 8 of the CEDAW Convention presupposes a renewed vision of global and local governance that in my opinion passes through the reconsideration of the principle of the rule of law and its ability to avoid arbitrary power. On the one hand, a women-friendly rule of law should emphasize the demands of participation in deliberation and consultation in decision-making processes, both in formal and in informal settings. On the other hand,

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Yusron kamil, Yusron, Rini Ojtaviani, Sukron, and M. Fadhil Seprinaldi. "Musyawarah Sebagai Landasan Demokrasi Dalam Pemikiran Islam." Al Furqan: Jurnal Ilmu Al Quran dan Tafsir 6, no. 2 (2023): 237–45. https://doi.org/10.58518/alfurqon.v6i2.1869.

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Deliberation and democracy are two things that cannot be separated, because deliberation is the foundation of democracy itself. Without deliberation, a country that upholds democratic values will not function. As stated in the Koran and also the fourth principle of Indonesia's foundation, namely Pancasila. In the deliberation process, dialogue occurs between one and another without making decisions personally, the voice of the people is also included, resulting in joint decisions, not individualistic ones. As exemplified by the Prophet Muhammad SAW, he was not rash in making decisions, but h

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Ashidiq, Rasyid, and Siti Ngainnur Rohmah. "Implementasi Konsep Syura Pada Lembaga Majelis Permusyawaratan Rakyat Republik Indonesia." SALAM: Jurnal Sosial dan Budaya Syar-i 10, no. 2 (2023): 457–70. http://dx.doi.org/10.15408/sjsbs.v10i2.31970.

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Decision making by leaders in an organization is quite difficult. Moreover, if the organization is the largest state-owned organization, it is necessary to hold a deliberation to reach a consensus, but whether the deliberation is appropriate or not according to Islamic teachings. The purpose of this research is to find out how the concept of syuro and its implementation by the MPR RI? This study uses a qualitative method. The results of this study state that in the context of siyasa Syar'iyah the concept of Shura is a constitutional principle in Islamic monocracy that must be implemented, and

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Afifah, Muthia. "TINJAUAN UNDANG-UNDANG NOMOR 20 TAHUN 2003 DAN FIQH SIYASAH TENTANG PERAN ORGANISASI PELAJAR DALAM PENDIDIKAN BERDEMOKRASI DI MA’HAD AL-ZAYTUN." EL-SIYASA: JOURNAL OF CONSTITUTIONAL LAW 1, no. 2 (2024): 87–99. http://dx.doi.org/10.61341/el-siyasa/v1i2.008.

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At Ma'had Al-Zaytun, the Student Organization (OPMAZ) was established as an effort to enhance organizational knowledge and foster strong leadership qualities among students. This organization focuses on developing various aspects within the ministries of each cabinet. Additionally, OPMAZ plays a role in improving the students' ability to work collaboratively and effectively in teams. This study aims to analyze the role of OPMAZ in providing democratic education to students at Ma'had Al-Zaytun, based on Law Number 20 of 2003 and Fiqh Siyasah. The research employs a qualitative method with a des

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Lahuri, Setiawan, Okky Mahdi Indrawan Putra та Ainun Amalia Zuhroh. "حال المنازعات الناشئة عن التقصير في عقد الإيجار: دراسة في شركة BOWRIZ لإجارة السيارات بماجيلانج في منظور الشريعة الإسلامية". Al-Insyiroh: Jurnal Studi Keislaman 8, № 1 (2022): 45–68. http://dx.doi.org/10.35309/alinsyiroh.v8i1.204.

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Along with the development of the times, several people or companies that are engaged in car rental have emerged because of the importance of transportation, especially cars and very expensive car prices. From this rental, a lease agreement or ijarah emerg es. For rental owners and tenants, they want to get mutually beneficial reciprocity, but in reality, on the ground, there is a situation where achievement is not achieved or is said to be "default". The default also occurred in Bowriz's car rental, which w as the object of the research. From this explanation, a problem arose, namely how the

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Organ, James. "Legal Regulation of Campaign Deliberation: Lessons from Brexit." Politics and Governance 7, no. 2 (2019): 268–77. http://dx.doi.org/10.17645/pag.v7i2.1942.

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There has been significant attention paid to explaining and understanding the impact of the UK’s vote to leave the EU on UK politics and its constitution. There has also been criticism of the political campaigning, from both the “leave” and “remain” sides, and of people’s understanding of what they were voting for. There has been limited discussion, though, of how to improve the quality of campaign deliberation, which is fundamental to the legitimacy of both representative and direct democratic processes. Using the UK’s vote on EU membership as a case study, this article examines the importanc

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Abdurrifai, Abdurrifai. "Potensi Penanganan Pidana Harta Benda melalui Konsep Diversi." Amsir Law Journal 2, no. 2 (2021): 50–58. http://dx.doi.org/10.36746/alj.v2i2.33.

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This study aimed at examining how and is it possible the setteling property crimes with the concept of diversion through the principle of restorative justice. This was the normative research, with the concept, historical, philosophy. Data were collected using the documentation studies and interviews. The sources of the data were analyzed by description, comparison, evaluation, and argumentation. The research results incicate that deliberation to reach consensus by involving victims, perpetrators and their families, law enforcement officials and third parties is the spirit of the concept of div

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Putri Ayu Nabila, Padilatul Ilmi NST, Intan S, Siti Fatimah, and Bambang Trisno. "Konsep Dan Urgensi Demokrasi Pancasila." Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2, no. 3 (2024): 134–42. http://dx.doi.org/10.55606/birokrasi.v2i3.1313.

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Democracy as a system has become an alternative in various social and state activities in several countries. The reason for making democracy a social and state system is because almost all countries in the world have made democracy a fundamental principle. Apart from making democracy a principle of statehood, it has essentially provided direction for the role of society in running the state as its highest organization, so that citizens need correct knowledge and understanding about democracy. Democracy based on Pancasila shows how important harmony is between democratic principles and Indonesi

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Ahmad, Noor Sulastry Yurni, and Iskandar Syukur. "A Study of Village Regulation Making Process in the Village of Adat Saibatin Community in Cukuh Balak Sub-district, Tanggamus District, Lampung Province, Indonesia." African and Asian Studies 15, no. 2-3 (2016): 215–41. http://dx.doi.org/10.1163/15692108-12341000.

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This research studied the village regulation making process based on the Law No. 32/2004 and the relationships among head of village, administrators of Village Consultative Board (Badan Permusyawaratan Desa/bpd/bhp), and adat leaders in the village of Adat Saibatin community. The research was conducted in several villages of Cukuh Balak sub-district, Tanggamus district, Lampung province, Indonesia in 2012. The data were collected by employing interview and observation. The results of this study showed that the regulation making process in the village of Adat Saibatin community did not have cle

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Imaz, Oier. "The constitutional paradox of complex diversity: A systemic path towards political integration through deliberation." Philosophy & Social Criticism 46, no. 10 (2019): 1244–66. http://dx.doi.org/10.1177/0191453719889999.

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Identity and democracy and, more particularly, national identity and deliberative democracy account for a controversial relationship. However, from a classical deliberative democratic point of view, the controversy over who is the ‘we’ that needs to stand together in contemporary complex societies settled with the constitution of modern states. In this sense, the main contribution of this paper is twofold. On the one hand, I rebut the analytical appropriateness and conceptual coherence of Habermas’ discursive approach to democracy for the case of plurinational societies in contemporary constit

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Yahwala Harahap, Muhammad Fadly, and Rahmad Efendi Rangkuti. "KOTAK KOSONG SEBAGAI PEMENANG: PERSPEKTIF SIYASAH DUSTURIYAH DALAM PEMILIHAN KEPALA DAERAH DI INDONESIA." Jurnal Ilmu Sosial dan Ilmu Politik Malikussaleh (JSPM) 6, no. 1 (2025): 206–19. https://doi.org/10.29103/jspm.v6i1.19945.

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The single candidate phenomenon often arises as a result of various factors, including the political system, election regulations, and the dominance of certain political forces. This raises concerns about the sustainability of a healthy democracy, because it reduces alternative choices for society. The research is normative research that uses a legislative and conceptual approach to review positive Indonesian law as well as the principles of Islamic law. Data was analyzed by data reduction, data presentation and drawing conclusions. The research results show that this phenomenon demands reform

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Hadita, Cynthia, and Susi Dwi Harijanti. "The Urgency of The Principle of Deliberation Towards Regional Institutions in The Perspective of The State of Pancasila Law." Veteran Law Review 6, no. 1 (2023): 1–13. http://dx.doi.org/10.35586/velrev.v6i1.4881.

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The problem has not been applied optimally and optimally to the principle of deliberation, besides the need for structuring regional institutions so that they can run effectively and efficiently so it needs to be studied from the perspective of the state theory of Pancasila law. The research method used is normative juridical. The results showed that the urgency of regional institutions that refer to the principle of deliberation by remembering that Indonesia is a State of Pancasila Law, one of which needs to practice consultative values, it becomes necessary to construct regional institutions

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Esfandiari, Fitria, Moh Fadli, and Hilaire Tegnan. "The Principle of Prudence and Scope Limitation in the Discussion of the Indonesian Constitutional Court: Implications for Legal Reform and Judicial Decision Making." Journal of Law and Legal Reform 6, no. 1 (2025): 449–80. https://doi.org/10.15294/jllr.v6i1.8071.

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The principle of precaution is understood as a preventive action in facing uncertainty or potential risks, especially when the potential impact of an action could be harmful. The Constitutional Court, whose decisions are final and binding, also applies this principle in its decision-making process. This research analyzes the relationship between the precautionary principle and the Justice Deliberation Meeting (RPH). The research method used was normative legal research with a statutory, conceptual, and philosophical approach. The study results affirm that the characteristics of Constitutional

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Gozali, Djoni Sumardi. "PENERAPAN ASAS KESEPAKATAN DALAM PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM." Yuridika 32, no. 3 (2017): 393. http://dx.doi.org/10.20473/ydk.v32i3.4783.

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The legal issues of this research consist of the application of the consensualism principle in land procurement for development for the sake of public interest. The method of this research is normative legal research by applying statute approach, conceptual approach.The results of this research there is deviation in the enforcement of the consensualism principle in Article 66 paragraph 4 of Act Number 2 of 2012 which determines that deliberation towards consensus isn only in a form of compensation, is contrary to Article 37 paragraph 1 and 2 of Act Number 2 of 2012 which stipulates that delibe

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Maisley, Nahuel. "The Infrastructure of International Law-Making: How Buildings Shape the Publicness of the Global Law-Making System." AJIL Unbound 117 (2023): 21–25. http://dx.doi.org/10.1017/aju.2022.71.

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International law is a peculiar form of global ordering, one marked by the “imperative of trying to turn a capacity for crude coercion into legitimate authority.”1 The international law-making system is therefore discursively structured around an aspiration to “publicness,”2 around a commitment to secure “some responsiveness to the claims and interests developed within the relevant publics.”3 As it is evident to any observer, this commitment is oftentimes not honored and the process is frequently detached from the ideas, interests, and priorities of those whose lives are ultimately governed by

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Nasarudin, Tubagus Muhammad. "KONSEPSI NEGARA HUKUM PANCASILA DAN IMPLEMENTASINYA DI INDONESIA." PRANATA HUKUM 15, no. 1 (2020): 43–52. http://dx.doi.org/10.36448/pranatahukum.v15i1.217.

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The rule of law in the perspective of Pancasila which can be termed the law state of Indonesia or the rule of law state of Pancasila besides having the same elements as the rule of law in the rechtstaat and rule of law, also has specific elements that make the Indonesian law state different from the concept of the state generally known law. The difference locates in the values contained in the Preamble to the 1945 Constitution which contain Pancasila with the principles of the Belief in the one and only God and the absence of separation between the state and religion, the principle of delibera

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Santoso, Purwanto Budi, Wira Fanciska, and Dhody AR Widjaja Atmadja. "PENYELESAIAN SENGKETA PEMBERIAN GANTI KERUGIAN DALAM PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM ATAS TANAH HAK GUNA BANGUNAN DIATAS HAK PENGELOLAAN DIKAITKAN DENGANASAS KEPASTIAN HUKUM." CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah 2, no. 3 (2025): 360–76. https://doi.org/10.62335/cendekia.v2i3.1020.

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Disputes over compensation generally arise from two things: First, the lack of public understanding regarding the scope of land acquisition objects. Second, the community does not understand the basis for calculating the amount of compensation and even believes they can determine the amount of compensation according to their wishes. Although dispute resolution has been regulated in detail and openly in legislation (Law No. 2 of 2012), the majority of the public still feels compelled to accept the outcome of the decision. Dispute resolution in land acquisition for public development prioritizes

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Muhammad Raffin Althafullayya and Ali Akbar. "Analisis Integrasi Islam dan Budaya Minangkabau dalam Tradisi Batagak Penghulu Berdasarkan Perspektif Al-Qur’an." Jurnal Pendidikan Islam 1, no. 2 (2023): 12. http://dx.doi.org/10.47134/pjpi.v1i2.155.

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The Batagak Penghulu tradition in Minangkabau can be considered as a form of integration between traditional and Islamic values, where Islamic principles are the basis for implementing this tradition. In this tradition, religious values and Islamic teachings are reflected in various aspects, such as the election of leaders, the deliberation process, and cooperation in order to achieve goodness and justice. The process of selecting the headman involves the participation of all components of society, demonstrating the principle of deliberation recommended in Islam. The chosen leader must meet le

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Suryantoro, Dwi Dasa. "PERAN PEREMPUAN DALAM PENGAMBILAN KEPUTUSAN KELUARGA DI ERA MODERN PERSEPKTIF HUKUM KELUARGA ISLAM." USRAH: Jurnal Hukum Keluarga Islam 6, no. 1 (2025): 38–51. https://doi.org/10.46773/usrah.v6i1.1688.

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The role of women in Islamic families is often seen as limited by traditional norms that prioritize male dominance in decision-making. However, as time progresses, the role of women in the family is getting more and more attention, especially in the modern era that demands equality and a fairer distribution of roles. The purpose of this research is to analyze the role of women in family decision-making in the modern era, as well as to see how the perspective of Islamic family law provides space for women to participate more actively in important family decisions. The method of this research is

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Ali Said Hilabi, Mutiara Azura Mulyawan, and Yuli Indrawati. "Principles of Justice for Compensation for Land Procurement in Tamansari 11 Bandung City." YURISDIKSI : Jurnal Wacana Hukum dan Sains 18, no. 1 (2022): 42–55. http://dx.doi.org/10.55173/yurisdiksi.v18i1.118.

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Land acquisition is an activity carried out by the government in providing land by providing appropriate and fair compensation to parties who Affected In land acquisition for development in the public interest, there are principles that must be met, one of which is the Principle of Justice, which is based on the explanation of Article 2 letter b of Law No. 2/2012 that the "principle of justice" is to provide a guarantee of proper compensation to the Entitled Party. in the Land Acquisition process so that they get the opportunity to be able to carry out a better life. The government needs to ap

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Callista Yo, Beatrice, Franciscus Wartoyo, Livia Cheryl, and Vanessa Maurent. "The Harmonization of Pancasila Values and the 1945 Constitution in Resolving Modern Electoral Disputes Based on the Principle of Rule of Law." Journal of Law, Politic and Humanities 5, no. 4 (2025): 2885–93. https://doi.org/10.38035/jlph.v5i4.1656.

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This research aims to analyze the correlation of modern election dispute resolution in a constitutional state in the context of the basic constitution, namely the 1945 Constitution and Pancasila. Using normative qualitative research methods, this research focuses on studying the application of basic state principles in resolving election disputes in Indonesia. The elections held were based on the principles of democracy and popular sovereignty in Article 1 paragraph 3 of the 1945 Constitution which often gave rise to disputes, which ultimately threatened political and legal stability. Therefor

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Bond, Kenneth, Rebecca Stiffell, and Daniel A. Ollendorf. "Principles for deliberative processes in health technology assessment." International Journal of Technology Assessment in Health Care 36, no. 4 (2020): 445–52. http://dx.doi.org/10.1017/s0266462320000550.

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Deliberative processes are a well-established part of health technology assessment (HTA) programs in a number of high- and middle-income countries, and serve to combine complex sets of evidence, perspectives, and values to support open, transparent, and accountable decision making. Nevertheless, there is little documentation and research to inform the development of effective and efficient deliberative processes, and to evaluate their quality. This article summarizes the 2020 HTAi Global Policy Forum (GPF) discussion on deliberative processes in HTA.Through a combination of small and large gro

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Silsabila, Silsabila, Nurul Fauzi, and Irda Rosita. "Praktik Tata Kelola Badan Usaha Milik Nagari Sato Sakaki di Nagari Taram, Kabupaten Lima Puluh Kota." Ekonomis: Journal of Economics and Business 8, no. 1 (2024): 460. http://dx.doi.org/10.33087/ekonomis.v8i1.1486.

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This research aims to examine in depth and interpret the governance practices of the Sato Sakaki Nagari-Owned Enterprise (BUMNag) in Nagari Taram. The research paradigm used is interpretive qualitative. The research method is a case study. Data collection techniques using in-depth interviews, observation, and document study. Data analysis techniques use the Miles & Huberman model: data reduction, display, and verification. The research results show that implementing the principle of transparency is carried out by disclosing information at the Nagari deliberations with financial reporting.

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Denisenko, Vladislav V. "Deliberativity and aleatory procedures as a legitimation of somatic human rights: experience of the Republic of Ireland and the Commonwealth of Australia." Gosudarstvo i pravo, no. 1 (2023): 100. http://dx.doi.org/10.31857/s102694520024101-2.

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The article demonstrates the importance of deliberative institutions and procedures in constitutional politics, on the example of the regulation of somatic and genetic human rights. The article identifies the relationship between the effectiveness of legal regulation and deliberative communication in the context of the “juridification of society”. The methodological foundations of deliberative procedures are revealed. In this work, we analyze the reasons for the development of deliberative procedures in the context of biopolitics. Particular attention is paid to the process of expanding the sc

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Pongoliu, Hamid. "Pembagian Harta Waris dalam Tradisi Masyarakat Muslim di Gorontalo." Al-Manahij: Jurnal Kajian Hukum Islam 13, no. 2 (2019): 187–202. http://dx.doi.org/10.24090/mnh.v13i2.3166.

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Gorontalo has a customary principle derived from sharia law, and the sharia law is sourced from the Qur'an, hadith, ijmak and qiyas (adati-hula'a to syara'a, syara'a hula'a to Kitabi), which should reflect the existence of the implementation of the distribution of inheritance in Islam in the Gorontalo community. This customary principle can be a source of law if it is a rational act, not immorality, done always repeatedly, does not bring harm and does not conflict with the law of sharak. But in reality there is the implementation of inheritance that violates Islamic law, namely the distributio

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Muntoha and Mahrus Ali. "REFLECTION ON ISLAM AS RAHMATAN LIL ‘ALAMIIN IN THE IDEAL OF THE INDONESIAN STATE." International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) 2, no. 2 (2023): 1226–35. http://dx.doi.org/10.54443/ijset.v2i2.139.

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Until today, there are still factions trying to turn Indonesia into an Islamic state by imposing a caliphate system on how the government is governed has always been one of the issues that has complicated the development of constitutional politics in Indonesia. This article seeks to examine the applicability of the fundamental principles of the Republic of Indonesia, which has adopted the concept of statehood in accordance with Islamic teachings drawn from the Qur'an, the Sunnah, and scholarly Ijtihad. This article reveals that there are five principles of statehood from Islamic teachings that

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Rohaini, Rohaini, Ria Wierma Putri, and Pingkan Retno Andini. "IMPLEMENTATION OF PANCASILA VALUES IN ALTERNATIVE DISPUTE RESOLUTION IN THE FORM OF NEGOTIATIONS." Sriwijaya Crimen and Legal Studies 2, no. 1 (2024): 26. https://doi.org/10.28946/scls.v2i1.3749.

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Courts that accommodate dispute resolution are still not optimal in implementing fair decisions for the parties. Not only has it not created justice, but it has not been able to resolve the dispute quickly. In the end, there was a backlog of cases, so the simple, fast, low-cost justice principle was difficult to realize. Alternative Dispute Resolution is one of the efforts that can be implemented to assist the court in reducing the number of cases piling up, one of which is in the form of negotiations as regulated in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resoluti

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Siegal, Gil, Richard J. Bonnie, and Paul S. Appelbaum. "Personalized Disclosure by Information-on-Demand: Attending to Patients' Needs in the Informed Consent Process." Journal of Law, Medicine & Ethics 40, no. 2 (2012): 359–67. http://dx.doi.org/10.1111/j.1748-720x.2012.00669.x.

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In an explicit attempt to reduce physician paternalism and encourage patient participation in making health care decisions, the informed consent doctrine has become a foundational precept in medical ethics and health law. The underlying ethical principle on which informed consent rests — autonomy — embodies the idea that as rational moral agents, patients should be in command of decisions that relate to their bodies and lives. The corollary obligation of physicians to respect and facilitate patient autonomy is reflected in the rules that have been created to implement consent procedures, espec

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Enaifoghe, Andrew Osehi. "Deliberative Politics through Citizensâ€™ Participatory Democracy: A model for Africa Political Processes." Journal of Social and Development Sciences 10, no. 1(S) (2019): 11–21. http://dx.doi.org/10.22610/jsds.v10i1(s).2807.

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This article explores the present crisis of democratic governance or administration in Africa and examines the elective capability of deliberative majority rules system of democracy, in which the desire of the general public is educated by mindful, engaged citizenâ€™s commitment and conversation. There are various questions needing answers; are the various and spellbound citizenry even equipped for consultation? How likely is amass thought of deliberation to achieve a very much contemplated choice? Wouldnâ€™t it gather consultation reproduce a similar power lopsided characteristics blocking di

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Thomson, Michael. "A capabilities approach to best interests assessments." Legal Studies 41, no. 2 (2021): 276–93. http://dx.doi.org/10.1017/lst.2020.47.

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AbstractIt is an accepted principle of domestic and international law and policy that the welfare or best interests of the child must be the primary or paramount consideration in any decision made with regard to that child's upbringing. While this ‘best interests standard’ has become a core principle of welfare law, what might constitute a child or young person's best interests is given very little formal shape or content. This has provoked sustained criticism from practitioners, academics and the judiciary. In response, this paper argues that the capabilities approach can give best interests

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Wati Amu, Srynovia, and Nurul Fazri Elfikri. "Responsibilities of Land Deed Officials In Disputes of Making Deeds of Sale and Purchase of Inherited Land." Estudiante Law Journal 4, no. 2 (2022): 429–40. http://dx.doi.org/10.33756/eslaj.v4i2.16229.

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The purpose of this study is to find out the PPAT's responsibility in making the deed of sale and purchase of jointly owned land rights (boedel) which is in dispute and to find out the efforts of PPAT in completing the deed of sale and purchase of land which is still in the status of joint property rights (boedel). The research method used is sociological juridical, research based on a principle of law or regulation that applies to the reality that occurs in society or in practice as it is. The results of the study found that the PPAT's responsibility was in making the deed of sale and purchas

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Safrijal, Airi, Faisal, Alvi Syahrin, and Yanis Rinaldi. "Settlement of Meugoe Blang Disputes Through Customary Law of Aceh." Journal of Law and Sustainable Development 11, no. 5 (2023): e525. http://dx.doi.org/10.55908/sdgs.v11i5.525.

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Implications: Settlement of meugoe blang (paddy field) disputes through customary law by the keujruen blang and keuchik digampong customary institutions is an attempt to resolve disputes through deliberation/consensus based on the principle of kinship with the principle of peace. Methods: The approach used in this research is normative and empirical juridical research methods. Purpose: The purpose of this study is to explain the process of resolving disputes/disputes in meugoe blang (paddy field), and forms of customary sanctions. Theoretical reference:: The stages of settlement of meugoe blan

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Karnaini, Zul. "CONCEPTS AND APPLICATION OF GOOD GOVERNANCE IN THE GOVERNMENT OF OMAR BIN ABDUL AZIZ." PETITA: JURNAL KAJIAN ILMU HUKUM DAN SYARIAH 6, no. 1 (2021): 117–32. http://dx.doi.org/10.22373/petita.v6i1.108.

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The term Good Governance (an-Nizam al-Siyasah) is an Islamic concept in the implementation of good governance according to the Qur'an and Hadith. This concept was re-emerged by UNDP in 1990 which was implemented by Umar bin Abdul Aziz during the Umayyad dynasty, in balancing a synergistic and constructive relationship between the state, the private sector and society, through the principles of good governance applied by Umar bin Abdul Aziz: 1. tawhid, 2. Trust, 3. Deliberation, 4. Justice and Law Enforcement, 5. Equality, 6. Brotherhood, 7. Human Rights (HAM), 8. Effective and Efficient, 9. So

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