scholarly journals National Law Development through Civil Procedure Law Reform as a Manifestation of State Goals during the Covid-19 Pandemic

2021 ◽  
Vol 5 (2) ◽  
pp. 41-64
Author(s):  
Ahmad Habib Al Fikry ◽  
Muhammad Riyan Afandi ◽  
Dian Latifiani
Keyword(s):  
Legal System ◽  
Legal Reform ◽  
Law Reform ◽  
Literature Study ◽  
Legal Research ◽  
The Third ◽  
Procedural Law ◽  
National Legal System ◽  
The Times ◽  
Secondary Materials

The purposes of this paper are: (i) to describe various problems in the philosophical, sociological and juridical aspects of the existence of civil procedural law as formal law in Indonesia; and (ii) offer solutions to these problems by updating the civil procedural law. The method in this paper uses normative legal research with a statutory approach by conducting a literature study using primary and secondary materials. The results of this paper indicate several things. The first, sociologically, people's lives develop dynamically so that the provisions of civil procedural law are not in accordance with the times. As for juridically, this provision is not unification, legal uncertainty, and a legal vacuum. The second, legal reform is part of the development of national law by taking into account the framework of the national legal system. The third, there are efforts and forms of civil procedural law reform carried out by each element of state power. The novelty of this paper is containing a comprehensive discourse that answers the problem of the applicability of civil procedural law with the efforts and forms of reform of civil procedural law in Indonesia. The conclusion in this paper is the provisions of civil procedural law need to be updated based on philosophical, sociological, and juridical considerations. Reform of civil procedural law must take into account the national legal system, principles, and content material in its formation. 

scholarly journals The Function of Legal Research in Formulation of Legislation

2020 ◽  
Vol 7 (1) ◽  
pp. 61-65
Author(s):  
Victoria Tabita Majesty Lamada ◽  
Tetania Retno Gumilang
Keyword(s):  
Legal System ◽  
Raw Materials ◽  
Active Role ◽  
Problem Solver ◽  
Legal Research ◽  
Legal Development ◽  
Internal Problem ◽  
National Legal System ◽  
Logical Data

The formation of legislation is a condition in the framework of national law development which can only be realized if supported by good methods, which are binding on all institutions authorized to make regulations. Indonesia is a state of law that should implement good national legal development, which is carried out in a planned, integrated and sustainable manner in the national legal system. Law No. 12 of 2011 states that research is an important element in the formation of the legislation process. Because it is impossible if a draft legislation is formed before the existence of a legal investigation. This research discussed about the role of legal research in the formation of legislation, as well as what are the benefits of legal research itself. The conclusion is the formation of laws and regulations cannot occur if there is no legal research, because legal research is an internal problem solver in the process of establishing legislation. This legal research itself plays an active role in obtaining valid, correct, rational, and logical data. In addition, legal research is also useful for obtaining raw materials from all aspects, both juridical, socio-psychological, and philosophical that are accurate and complete.

PERBANDINGAN HUBUNGAN HUKUM ANAK LUAR KAWIN TERHADAP ORANG TUA AKIBAT PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/ PUU-VIII/2010, UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN, DAN UNDANG-UNDANG NOMOR 24 TAHUN 2013 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2006 TENTANG ADMINISTRASI KEPENDUDUKAN

2020 ◽  
Vol 8 (1) ◽  
pp. 84
Author(s):  
Galih Rahmawati ◽  
Diana Tantri Cahyaningsih
Keyword(s):  
Conceptual Framework ◽  
Court Decision ◽  
Constitutional Court ◽  
Literature Study ◽  
Legal Research ◽  
Legal Relationship ◽  
Primary Materials ◽  
Secondary Materials

<p>Abstract<br />This article aims to compare the legal relationship between nonmarital child to parents based on the Constitutional Court Desecion Number 46/PUU-VIII/2010, Law Number 24 of 2013 about Amendment to Law Number 23 of 2006 about Population Administration and Law Number 1 of 1974 about Marriage. This research is a normative legal research particulary prescriptive research. The data research are in the form of primary materials and secondary materials. The technique of collecting legal materials is literature study technique. The approaches in this research is legislation approach. The conceptual framework is deductive. The result of the research showed an inconsistency of The Constitutional Court Decision Number 46/PUU-VIII/2010, Law Number 24 of 2013 about Amendment to Law Number 23 of 2006 about Population Administration and Law Number 1 of 1974 about Marriage on the legal relationship between nonmarital children to parents.<br />Keywords: Legal Relationship; Nonmarital Child; Parents</p><p>Abstrak<br />Artikel ini bertujuan untuk membandingkan hubungan hukum anak luar kawin terhadap orang tua berdasarkan Putusan MK Nomor 46/PUU-VIII/2010, Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan dan Undang-Undang Nomor 24 Tahun 2013 tentang Perubahan atas Undang-Undang Nomor 23 Tahun 2006 tentang Administrasi Kependudukan. Artikel ini merupakan penelitian hukum normatif bersifat preskiptif. Sumber data dari artikel ini yaitu berupa bahan hukum primer dan bahan<br />hukum sekunder. Tehnik pengumpulan bahan hukum dalam artikel ini adalah tehnik studi kepustakaan.  Pendekatan dalam artikel ini adalah pendekatan perundang-undangan. Metode berpikir yang digunakan dalam artikel ini adalah metode berpikir deduktif. Hasil artikel menunjukkan adanya inkonsistensi Putusan Mahkamah Konstitusi Nomor 46/PUU-VIII/2010,Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan, dan Undang-Undang Nomor 24 Tahun 2013 tentang Perubahan atas Undang-Undang Nomor 23 Tahun 2006 tentang Administrasi Kependudukan terhadap hubungan hukum anak luar kawin dengan orang tuanya.<br />Kata Kunci: Hubungan Hukum; Anak Luar Kawin; Orang Tua</p>

scholarly journals Empirisk forskning om domstolar i Finland

2017 ◽  
Vol 104 (2) ◽  
pp. 153-160
Author(s):  
Mika Sutela
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Empirical Studies ◽  
Process Data ◽  
Legal Research ◽  
Judicial Process ◽  
Legal Realism ◽  
Judicial Decision Making ◽  
Procedural Law ◽  
Wide Range

The subject of my article-based dissertation in law was decision-making in the general courts of Finland. My research aimed to describe how uniform decisionmaking is in the Finnish courts. With regard to district courts convictions of  gravateddrunk driving were the main focus of my study. The results show that there are regional differences in the sentences. Results are based on empirical legal research that draws on aspects of criminal and procedural law as well as criminology. Prior to this, only a few empirical studies had been conducted in Finland that focused on the courts and other criminal sanctioning systems. In the current dissertation, the equality and predictability of judicial decision-making at the international level where the influence of legal and extra-legal factors, e.g., offender age, on sentencing is explored. At a more theoretical level, the dissertation reflects the research tradition of legal realism. Empirical legal research will play an increasingly important role in the future. It can increase both equality before the law, as well as the transparency of decision-making and confidence in the judicial process. Data on, e.g., punishments meted out by the courts, should be kept as current as possible since information on the functioning of the legal system is important. Empirical court research provides a unique basis for discussing levels of punishment. The functioning of the legal system has a major impact on society. Empirical data, including statistics, provide a good basis for a wide range of research.1.

scholarly journals The concept of «judicial practice»: essence, main approaches to its definition

2020 ◽  
Vol 10 (19) ◽  
pp. 73-80
Author(s):  
Galyna Tykhomyrova ◽  
◽  
Karyna Baldzhy ◽  
Keyword(s):  
Legal System ◽  
Case Law ◽  
Relevant Concept ◽  
Advantages And Disadvantages ◽  
The Third ◽  
Judicial Practice ◽  
National Legal System ◽  
The One ◽  
Definition Of

The article is devoted to the problem of understanding the concept of «judicial practice». The pluralism of views on this issue is revealed and the existing approaches to the definition of this concept are analyzed. The advantages and disadvantages of the respective approaches are outlined, and attention is drawn to the impossibility of considering the concept of «case law» only on the one hand due to its multifaceted nature. The connection between judicial practice and judicial precedent is analyzed and the approach to the impossibility of identifying the relevant concepts is substantiated. Several directions of interpretation of the researched concept are established, where according to the first, the sign of the equation between judicial practice and judicial activity is put. According to the second – between case law and legal experience. It is pointed out that the third direction combines the elements of the first two, and also emphasizes the advantages of such a disseminating interpretation. The correlation of the category «judicial practice» with related categories is investigated and its independent meaning as a concept is emphasized. The features of judicial practice and aspects of its essence are described. The author's definition of «judicial practice» is offered and its use is substantiated. The importance of the category «ECtHR practice» is emphasized for the national legal system, and therefore the relevant concept is considered through the prism of general research.

scholarly journals Reviewing the Comparison of the Legal Bankruptcy System Between Indonesia and the Netherlands

2021 ◽  
Vol 12 (6) ◽  
pp. 2290-2296
Author(s):  
Sumurung P Simaremare, Bismar Nasution, Sunarmic, Edi Yunara
Keyword(s):  
The Netherlands ◽  
Policy Analysis ◽  
Legal System ◽  
Comparative Approach ◽  
Bankruptcy Law ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Times ◽  
Debt Collection

Introduction: Dutch colonialisation of Indonesia provides many legacies, one of which is a legal product. The bankruptcy law specifically initially adopted Verordening Faillisements as the bankruptcy law. The development of the times was followed by the increasing complexity of the problems and demands for resolution-making legal changes necessary, of course, this happened in the two countries with the Netherlands, which used the Dutch Bankruptcy Act and Indonesia with Law Number 34 of 2004 having differences in the classification of Bankruptcy and its resolution. Research Objectives: This study analyses the bankruptcy legal system's comparison between Indonesia and the Netherlands. Research Methods: The type of research used is normative legal research with a comparative approach. Conclusion: The comparison of the two bankruptcy laws was carried out to explore the differences between the two, which could be used as a basis for policy analysis that might later involve the two countries and reform the bankruptcy law in Indonesia in the future. The comparison of bankruptcy law is carried out using a statutory approach, comparative approach, a conceptual approach, and a historical approach. There are differences between the two laws of Bankruptcy adopted by Indonesia and the Netherlands, especially in determining a business's bankruptcy status and settling the Debtor's remaining debt to creditors. Where each country's legal system closely influences these differences, it is concluded that through its development, the Netherlands has implemented the Debt Forgiveness principle, contrary to Indonesia's principles, which still adheres to the Debt Collection principle.

scholarly journals Coherence of the Rules of Sharia Against Pancasila

BESTUUR ◽  
2020 ◽  
Vol 8 (1) ◽  
pp. 40
Author(s):  
Zaidah Nur Rosidah
Keyword(s):  
Social Justice ◽  
Secondary Data ◽  
The State ◽  
Literature Study ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Third ◽  
Philosophical Basis

<p>This paper aims to find the coherence of sharia principles towards Pancasila. Pancasila as the philosophical basis of the state has an important role in the life of the nation and state. The principles of sharia are important principles for Muslims in muamalah. The type of research used is normative legal research to find coherence between sharia principles in Pancasila. The approach used is a conceptual approach. Secondary data were collected through literature study. Analyze the data using the syllogism method of deduction and interpretation, where the sharia principle is coherent with Pancasila. The results showed that first, the concept of ownership of property and payment of zakat and justice is coherent with the first, second and fifth precepts of Pancasila. Second, the principle of willingness is coherent with the second principle of humanity which is just and civilized, the principle of equality is coherent with the third principle of Indonesian unity, the principle of honesty and truth is coherent with the principle of the Almighty God and the second principle of fair and civilized humanity, the principle of benefit and mutual advantageous in line with the fifth precepts of social justice for all Indonesian people, the written principle in sharia principles is in line or coherent with the fourth principle of populism, which is led by wisdom in deliberation / marriage.</p><p> </p><p><strong>  </strong><strong>Keywords:</strong> Coherence; Sharia Principles; Pancasila.</p>

Current Legal Research in Indonesia

1979 ◽  
Vol 7 (3) ◽  
pp. 211-219
Author(s):  
Teuku Mohammad Radhie
Keyword(s):  
Legal System ◽  
Development Program ◽  
Colonial Period ◽  
The Political ◽  
Political Climate ◽  
Legal Research ◽  
National Legal System ◽  
The Sixties ◽  
The Government ◽  
Set Up

Systematical legal research in Indonesia has only developed in the last few years in conjunction with the implementation of the country's national law development program which is aimed at the creation of a new legal system. Efforts to develop a new and national legal system to replace the existing system inherited from the colonial period actually started as early as 1958 when the government set up the Institute for National Law Development. It is a matter of much regret that despite the good start it made and the favourable atmosphere it enjoyed, the Institute ultimately did not produce any significant results which could form the basis for a new national legal system. The deterioration of the political climate in the sixties made it impossible for the Institute to carry out its task properly.

scholarly journals El “Waiver Of Jury Trial” en la Justicia Estadounidense y su Posible Aplicación en el Modelo de Jurado Español

2021 ◽  
Vol 13 (13) ◽  
pp. 303-315
Author(s):  
Nancy Carina Vernengo Pellejero
Keyword(s):  
Legal System ◽  
Judicial Independence ◽  
Law Reform ◽  
Jury Trial ◽  
Procedural Law ◽  
The Right ◽  
The U.S

The jury is one of the main procedural institutions of the American justice; and it’s especially linked to the judicial independence and the U.S. Constitution. In this study we focus on one of the prerogatives recognized to the accused: “waiver of jury trial”, or the right to choose to be judged by a professional jury and not by a non-professional one, and the possibility of implementing this institution in the Spanish legal system, as we face a law reform in the Criminal Procedural Law, as well as on the Jury Law Act of 1995 by the Criminal Procedural Law Bill of 2020.

scholarly journals Empirisk forskning om domstolar i Finland

2017 ◽  
Vol 104 (2) ◽  
pp. 153-160
Author(s):  
Mika Sutela
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Empirical Studies ◽  
Drunk Driving ◽  
Process Data ◽  
Legal Research ◽  
Judicial Process ◽  
Research Tradition ◽  
Procedural Law ◽  
Wide Range

AbstractThe subject of my article-based dissertation in law was decision-making in the general courts of Finland. My research aimed to describe how uniform decisionmaking is in the Finnish courts. With regard to district courts convictions of aggravated drunk driving were the main focus of my study. The results show that there are regional differences in the sentences. Results are based on empirical legal research that draws on aspects of criminal and procedural law as well as criminology. Prior to this, only a few empirical studies had been conducted in Finland that focused on the courts and other criminal sanctioning systems. In the current dissertation, the equality and predictability of judicial decision-making act as theoretical starting points. The dissertation adopts a research tradition established at the international level where the influence of legal and extra-legal factors, e.g., offender age, on sentencing is explored. At a more theoretical level, the dissertation reflects the research tradition of legal realism. Empirical legal research will play an increasingly important role in the future. It can increase both equality before the law, as well as the transparency of decision-making and confidence in the judicial process. Data on, e.g., punishments meted out by the courts, should be kept as current as possible since information on the functioning of the legal system is important. Empirical court research provides a unique basis for discussing levels of punishment. The functioning of the legal system has a major impact on society. Empirical data, including statistics, provide a good basis for a wide range of research.

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