AUTHORITY CONFLICT OF THE COURTS IN ACEH: A CASE STUDY OF SETTLEMENT FOR CHILDREN SECLUSION IN CHILDREN PROTECTION
This study is aims to discuss about Shari’a Courts, Adat Courts and The Juvenile Criminal Courts authority. And also to discuss about the concept of legal certainty, child protections and conflict jurisdiction of the courts cases involving Khalwat Moslem children in Aceh. These study adopted two approaches, namely normative and empirical approaches.The results showed that, all courts have jurisdiction to try cases of Khalwat Moslem children in Aceh. Therefore, there is legal uncertainty and conflict of jurisdiction courts. At the same time, resulting in the protection of the child is not fully guaranteed. Keywords: Cases of Khalwat Children, Child Protection, Conflict Jurisdiction of Courts, Legal Certainty
Eksistensi Hukum Adat dalam Konstitusi Negara Pasca Amandemen
As a manifestation of our indigenous laws, adat law is an important source in our national legislation. Being aware that the government should recognise both moral values and formal written laws, this article explores the existence of adat law in the Indonesian constitution since our independence to today’s Reformasi era. Hukum adat di Indonesia dipandang sebagai sumber pembentukan hukum nasional karena merupakan perwujudan dari hukum asli bangsa kita. Oleh karena pemerintah seyogyanya tidak hanya memerhatikan hukum formal belaka, namun juga nilai-nilai moral, tulisan ini mencoba mengeksplorasi eksistensi hukum adat dalam konstitusi bangsa Indonesia mulai dari awal kemerdekaan hingga era Reformasi.
Nietzsche: Philosopher, Psychologist, Antichrist
This classic is the benchmark against which all modern books about Nietzsche are measured. When Walter Kaufmann wrote it in the immediate aftermath of World War II, most scholars outside Germany viewed Nietzsche as part madman, part proto-Nazi, and almost wholly unphilosophical. Kaufmann rehabilitated Nietzsche nearly single-handedly, presenting his works as one of the great achievements of Western philosophy. Responding to the powerful myths and countermyths that had sprung up around Nietzsche, Kaufmann offered a patient, evenhanded account of his life and works, and of the uses and abuses to which subsequent generations had put his ideas.Without ignoring or downplaying the ugliness of many of Nietzsche's proclamations, he set them in the context of his work as a whole and of the counterexamples yielded by a responsible reading of his books. More positively, he presented Nietzsche's ideas about power as one of the great accomplishments of modern philosophy, arguing that his conception of the "will to power" was not a crude apology for ruthless self-assertion but must be linked to Nietzsche's equally profound ideas about sublimation.He also presented Nietzsche as a pioneer of modern psychology and argued that a key to understanding his overall philosophy is to see it as a reaction against Christianity. Many scholars in the past half century have taken issue with some of Kaufmann's interpretations, but the book ranks as one of the most influential accounts ever written of any major Western thinker.