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1156 The Politics of Legal Regulation

WG Law and Development

Room: C5.09

 

Chair: Pedro Rubim Fortes

 

Discussant: David Restrepo Amariles

Anis Farida | Shariah and Law Faculty, State Islamic University of Sunan Ampel Surabaya

Priyo Handoko | Shariah and Law Faculty, State Islamic University of Sunan Ampel Surabaya

Does the Law Protect Society? - The Implication of Increasing Cigarette Excise Tariff  in Controlling Illicit Cigarette Distribution in Indonesia

 

Abstract

 

The health is a basic human right, one elements of welfare that must be realized in accordance with the ideals of the Indonesian nation as referred to  the Pancasila and the Constitution 1945. The Law No. 36/ 2009 on Health states that cigarettes are addictive substances and through Decree of Contitution Court No. 34 / PUU-VIII / 2010, this provision is confirmed. As an addictive substance, the production, distribution and promotion of cigarettes will be closely monitored and put forward the health aspects. This provision is in line with Law No. 39/2007 on Excise which regulates the provision of taxable goods in the form of tobacco products. The regulation was followed by regulation of Minister of Finance No. 146 / PMK.010 / 2017 on tobacco excise tariffs, which will rise 10.4% by 2018. However, these provisions are not in line with the practice in the field, which indicates there are many illegal cigarette products are sold cheaply on the market. This issue is interesting to investigate further by using the sociological approach of law. This study aims to see the implementation of the increasing of cigarette excise rates as an effort to limit and control the circulation of cigarettes for the health of the nation's generation. The location of this study are Pamekasan and Sumenep in Madura island, Indonesia.
The result of this study show that a conflict between health and economic interests, triggering inconsistencies in law enforcement. The lack of similarity about the dangers of tobacco products and its derivatives in stake holders of society have been raising many problems. This lack of synchronization caused some parties to cover each other's crimes. Furthermore, the strong economic interests have ruled out public health which is a basic human right. The important thing, any matter that causes the occurrence of interference the health of the Indonesian people will cause big economic losses for the state, and every efforts to improve public health status as well means investment for state development.

Kaleo Dornaika Guaraty | University of Sao Paulo

Rubens Becak | University of Sao Paulo

Political consciousness and politization in the philosophy of Eric Voegelin

 

Abstract

 

There is an unquestionable premise of democracy: public decisions are affected by public opinion. Daily observation of the public manifestation debate may, however, lead to an unexpected desideratum of this formula: life in democratic societies seems to not only allow debate by the participants of this society, but to some extent impose debate and coerce them to stand before the political guidelines of the day. In this case, the question of the quality of the debates arises. We could say that at the same time that this demand for debate is imposed, there seems to be a growing confusion. More placements seem to mean less positioning. This relegation of the debate seems to be related to the idea that the politicization of society has to do with the readiness to debate and the tenacious defense of opinions. This debate has simultaneously become an indeclinable demand of society and a source of incomprehension of the real meaning of politics, descending into irrational habits that, instead of approaching the debaters of a solution, throw us into even greater confusions. Based on the philosophy of Eric Voegelin, this article seeks to investigate how the democratic requirement (more than mere permission) that all political issues should be debated promptly does not lead to a real political consciousness. Voegelin's philosophy helps us to retake the foundations of political consciousness and its civilizational function.

Stine Piilgaard Porner Nielsen | University of Southern Denmark

Acting Together – the role of local normativity and state law in the interactions between caseworkers and long-term unemployed citizens

 

Full Paper

 

Abstract

 

This abstract addresses the role of local normativity and state law in the interactions between caseworkers and long-term unemployed (LTU) citizens in employment case handling. The abstract is based on a socio-legal PhD project in process, and qualitative data is collected from 15 observations of meetings between caseworkers and LTU citizens and 30 interviews in total with LTU citizens and caseworkers. Results suggest that the acting together of caseworkers and LTU citizens is guided primarily by local normativity rather than state law and that the interactions are pivotal for the citizens’ perception of law and their legal knowledge.
Caseworkers navigate in an institutional environment highly regulated by state law, yet, they do not receive general legal training. Data shows that caseworkers’ legal knowledge stems primarily from their local interactions with colleagues, sharing information on practices, law and legal changes. Local norms and what caseworkers refer to as ‘gut feeling’ guide caseworkers’ interactions with LTU citizens. Law’s contribution of power to LTU citizens requires a knowledge of their legal rights among the citizens which most do not have. Instead, caseworkers function as the LTU citizens’ access to legal knowledge as they inform and guide the citizens on their rights and obligations, thus contributing to the citizens’ perception of the law. This practice indicates that LTU citizens’ legal knowledge is mainly produced locally through the interactions with the caseworkers in the case handling process.
Employment case handling is permeated by state law but the lack of general legal training of caseworkers and the lack of legal knowledge among most LTU citizens cause both parties to rely on the dominating local normativity. This indicates that the perception of law among both caseworkers and LTU citizens highly depends on the nature of their social relations through which their legal knowledge develops. Data shows that the institutional conditions are central for the acting together of caseworkers and citizens. State law formally regulates caseworkers’ approach to case handling; however, research indicates that in practice the approach is informed by local norms, e.g. norms of outreach casework and informal communication. These local norms foster positive experiences of interactions among LTU citizens which further their participation and thus promotes the acting together of caseworkers and citizens.

 

 

 

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