scholarly journals Considering the Living Law as A Source in National Legal Development

2019 ◽  
Vol 7 (2) ◽  
Author(s):  
Achmad Irwan Hamzani ◽  
Havis Aravik ◽  
Mukhidin Mukhidin ◽  
Eddy Praptono
Keyword(s):  
Islamic Law ◽  
National Development ◽  
Community Culture ◽  
Legal Development ◽  
Colonial Legacy ◽  
Dutch Colonial ◽  
Legal Product

The construction of national law is one of the projects that has not been completed to this day in the Indonesian law. Legal development should ideally pay attention to existing legal sources, especially laws that have become community culture. The results of this study show that legal development must be able to produce legal product reforms to replace the Dutch colonial legacy regulations that do not reflect the values and interests of the Indonesian people and encourage the growth of government and national development activities that originate from Pancasila and the 1945 Constitution. Incorporating the living law in the development of national law is an accommodative policy so that the national law produced is truly a product that is able to protect and protect all heterogeneous components of the Indonesian nation with their different backgrounds and legal needs Keyword: The living law, the source of law, the development of national law, Islamic law

scholarly journals Eksistensi Hukum Islam Di Indonesia (Analisis Kontribusi dan Pembaruan Hukum Islam Pra dan Pasca Kemerdekaan Republik Indonesia)

2018 ◽  
Vol 15 (1) ◽  
Author(s):  
Dahlia Haliah Ma'u
Keyword(s):  
Islamic Law ◽  
Common Law ◽  
Dutch Government ◽  
Positive Law ◽  
Early Arrival ◽  
Dutch Policy ◽  
The Government ◽  
Dutch Colonial ◽  
Legal Product

The implementation of Islamic law in Indonesia is closely related to the early arrival of Islam in Indonesia. It means that after the entry of Islamic into Indonesia, Islamic law has been followed and executed by the followers of Islam in archipelago. The existence of Islamic law that is lives in the society is recognized by the Dutch Colonial. The Dutch government realized that Islamic law is one of the pillars of power that can fight against on Dutch policy. On this basis, the Dutch changed their policy by stipulating that Islamic law applies if it has been adopted by common law. The struggle of Islamic law of Indonesia to change these policies to obtain that common law is not in accordance with Islamic law will not be applied or refused by Muslim. Furthermore, post-independence, the existence of Islamic law is progressing. This is marked by the enactment of legal product by the government and has become a positive law in Indonesia.

scholarly journals The Practice of General Data Protection Regulations Fine and Penalty on Google Inc. vs CNIL Case

2020 ◽  
Vol 2 (1) ◽  
pp. 1-7
Author(s):  
Maskun ◽  
Rian Nugraha
Keyword(s):  
Data Protection ◽  
National Development ◽  
Basic Principles ◽  
Legal Development ◽  
The Past ◽  
Starting Point ◽  
General Data ◽  
The Republic ◽  
Development Paradigm ◽  
Research Show

Pancasila experiences ups and downs of development, not due to the weakness of the values contained therein, but rather leads to inconsistencies in its application. In line with the acceptance of the truth of noble values of Pancasila then drove the flow and spirit to make Pancasila as a paradigm. History also noted how from the past until now Pancasila often get a challenge that resulted in the crisis for the existence of the Indonesian nation. The challenge faced by Pancasila as the view of life and the foundation of the state is always directly proportional to the challenges faced by the Unitary State of the Republic of Indonesia as a whole. Paradigm is actually a way of view, values, methods, basic principles to solve a problem faced by a nation into the future. The results of research show First, Philosophically the essence of Pancasila as the paradigm of legal development contains a consequence that all aspects of legal development within the framework of national development should be based on the nature of Pancasila values; Secondly, As a legal development paradigm, Pancasila wants that development in society becomes the starting point of the existence of a legal product.

scholarly journals State activity and legal credo of Mykola Skrypnyk.

2021 ◽  
pp. 131-142
Author(s):  
Iryna Muzyka
Keyword(s):  
Criminal Law ◽  
National Policy ◽  
Criminal Policy ◽  
National Development ◽  
Point Of View ◽  
Practical Implementation ◽  
Legal Development ◽  
Socialist State ◽  
State Activity ◽  
The Way

Peculiarities of M. Skrypnyk's theoretical and ideological substantiation of national, judicial and criminal-legal policy in his concept of state-legal development of Soviet Ukraine are investigated. Coverage of the peculiarities of the ideological platform and legal credo of M. Skrypnik in the aspect of the anthropology of law is important for characterizing his state activity as one of the main theorists of the concept of «Ukrainian path to communism». From the point of view of anthropology, convincing explanations of M. Skrypnyk's various positions and steps in the sphere of state and party policy should be sought in his ideological and psychological sphere. At the same time, in our opinion, maneuvering in the ideological substantiation of M. Skrypnyk's practical activity is explained by his utilitarian attitude to ideology as an effective propaganda means of achieving goals in state-building. In our opinion, M. Skrypnyk considered the ultimate goal of the process of socialist construction not to be the development of a "communist oasis of the Ukrainian model," but the creation of a workers 'and peasants' statehood as a single labor society based on internationalism and communist ownership. M. Skrypnyk saw the national liberation and development of the culture of amateur broad masses of workers and peasants in the process of national development, which he considered a stage in the process of socialist construction, as a transitional stage on the way to this goal. An important argument in the search for explanations of the theoretical foundations and ways of practical implementation of state and national policy of M. Skrypnyk is his vision of the nature and objectives of judicial and criminal policy. M. Skrypnyk emphasized that Soviet criminal law has a public, social, anti-individualistic character, as opposed to bourgeois criminal law, built on the principles of individualism inherent in bourgeois society. On the way to achieving this goal in the mind of M. Skrypnyk, in line with the then understanding of state and legal phenomena and processes, there was a transfer of priorities from the rights and interests of the individual to the collective interests - declaratively to the interests of the proletariat. Man was not seen by him as the highest value and "measure of all things." Priority was given to other values: the "world revolution and the dictatorship of the proletariat," the elimination of the class division of society, and the defense and construction of the socialist state. According to the content of the concept of state and legal development of the USSR, M. Skrypnyk can really be considered one of the main theorists of the "Ukrainian path to socialism." However, the very concept of the future socialist state, set out in its creative heritage, does not seem to be a theory of Ukrainian national communism, as characterized by some researchers, and awaits a deeper study by historians of law.

Persistence in changes: on the true causes of the irresistible attraction of the constitutions of exotic countries: Book review: The Oxford Handbook of Caribbean Constitutions / ed. by R.Albert, D.O’Brien, S.Wheatle. Oxford: Oxford University Press, 2020

2021 ◽  
Vol 30 (1) ◽  
pp. 128-156
Author(s):  
Andrey Medushevsky
Keyword(s):  
Caribbean Region ◽  
Constitutional Amendments ◽  
Post Colonial ◽  
Legal Development ◽  
Colonial Legacy ◽  
Legal Traditions ◽  
Collective Work ◽  
Social Difficulties ◽  
Administrative Governance ◽  
The Impact

In the great international literature on comparative constitutional law, main theoretical observations and constructions normally been made on the ground of principle Western models interpretation. That is quite natural because the experience of established democracies in their historical and political implications formed the basis and resource of inspiration for many new nations looking forward to create the similar forms of constitutional government in spite of various cultural and social difficulties. But this approach substitute the problem by its ideal solution sometimes ignoring the whole bulk of emotions, hesitations, exaggerated hops, disappointments and interests, which are represented in regions and countries of so-called “periphery zone” of legal development acutely pressed to search their own strategy of constitutional modernization in quite different cultural and political context. This problem becomes the central point in the monumental work under review – “The Oxford handbook of Caribbean Constitutions”. The book providing a solid ground for the complex academic deliberation of one of such regions – a very specific group of countries, which formerly were part of the great European colonial empires, recently proclaimed their independence and stay in a permanent process of constitutional self-determination trying to find their proper way in legal globalization. Carefully summarizing the materials and ideas of this collective work, the author of this review article discusses some general conceptual items of this type of constitutionalism: the role of common culture and history in pre-colonial, colonial and post-colonial legal development; the impact of “colonial legacy” in formation of post-independence constitutionalism of respective countries. He reconsider the place of indigenous forms and imported imperial constitutional design in the establishment of the new constitutionalism and administrative governance; the specific trend to hybridization of different legal traditions, norms and institutes in process of their evolution and selection through constitutional amendments, constitutional jurisprudence and projects of reforms. In concluding part of this article the author summing up his vision of continuity and ruptures in legal development balance of Caribbean region in comparison with Post-Soviet region’s current constitutional transformation.

scholarly journals Law and Public Relations in Indonesia: Viewed from the Theory of John Henry Merryman on Strategies of Legal Development

2019 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Wahju Prijo Djatmiko
Keyword(s):  
Public Relations ◽  
Development Strategy ◽  
Judicial Review ◽  
Social Factors ◽  
Social Groups ◽  
Human Interest ◽  
State Institutions ◽  
Legal Development ◽  
Legal Product ◽  
Year 2013

Principally, legal development is a sustainable development, its function  as human interest protection, legal aims to reach an order and balance. Order in society guarantees the protection on human interest.  Even though, the development on law is directed to create order in society, meaning law and society are interconnected, there are still plenty of legal products that are not able to meet people needs, and one of them is the judicial review on  the Act no. 19 year 2013 on Protection and Enforcement to Farmers. This  reflects that the Act does not represent social factors. This shows no harmony and benefit connections between the Act no.19 year 2013 as written legal product and society. This phenomenon, then, is analyzed from Theory of John Henry Merryman on Legal Development Strategy (Orthodox and Responsive). The process of making a responsive legal product is a participative one meaning that the process involves greatly the participation of society through social groups and individual in community. Reversely, orthodox legal product is characterized by its centralistic process in which state institutions dominate the process, especially  the authority of executives.

scholarly journals PENDEKATAN HUKUM ZAKAT PROFESI MENURUT ULAMA KONSERVATIF DAN PROGRESIF

2020 ◽  
Vol 3 (4) ◽  
Author(s):  
M. Hasbi Umar ◽  
Zahidin Zahidin
Keyword(s):  
Qualitative Methods ◽  
Islamic Law ◽  
Library Research ◽  
Pros And Cons ◽  
Legal Position ◽  
Made In ◽  
Legal Product

This research started from a controversial about professional zakat of Islamic law, between pros and cons, about the legal position and the system of implementing professional zakat. Specifically there is no dalil nash (al-qur?an and hadits) that mentions professional zakat as from the types of zakat that are required, even the classical books don?t talk about this problem, so that professional zakat seen as a legal product that is Ijtihadi. Then in this paper will discuss the controversy of professional zakat between which the group accept namely progressive scholars who consider that a new legal product can be made in the framework of responding to development, needs and benefit of the peoples. And teams that reject that is parson that a conservative outlook is seeking to protect the purity of Islamic teachings, with reject all new thoughts that are not based on are valid (clear and unequivocal). In author anliysis, the argument in favor of the profession is stronger and more convincing than the group that rejected it. The study qualitative methods that focus on an approach to literature (library research).

scholarly journals War of Ngali Toward Dutch Colonialism in Bima

2018 ◽  
Vol 5 (4) ◽  
pp. 128
Author(s):  
Sukarddin Sukarddin ◽  
Akhamad Ari Musaded ◽  
Suryo Ediyono
Keyword(s):  
Islamic Law ◽  
Customary Law ◽  
Dutch Government ◽  
East Indies ◽  
The People ◽  
Dutch East Indies ◽  
The Government ◽  
Dutch Colonial ◽  
Dutch Colonialism

Sultanate of Bima has been bound by government of Dutch colonial with Lange Contract agreement (long contract), occurred in 1908-1909 That the Sultanate of Bima is a very strategic area. These conditions caused the VOC and the government of Dutch to seek intervention through the Lange Contract agreement (long contract) which has led to the entry of the Sultanate of Bima in the Pax Neerlandica neighborhood. War of Ngali occurred for several reasons namely 1) Feelings of dissatisfaction with the actions of the Dutch government which impose various tax rules in the Sultanate of Bima. 2) The Sultanate of Bima as part of the Dutch East Indies sovereignty was seized by a Lange Contract agreement in 1908. 3) Customary law and Islamic law were replaced by Dutch law. 4) The head or belasting duty system is denied and punished for taxing the unbelievers. The conclusion in this study is that people of Ngali against the government of Dutch colonial because they wanted to control the entire Milky, the resistance made by people Ngalisolely to maintain the customs, religions, and independence owned by the people of Bima.

A New Initiative In Asian Legal Development—Lawasia

1968 ◽  
Vol 62 (2) ◽  
pp. 464-469
Author(s):  
Barbara B. Burn
Keyword(s):  
Developing Countries ◽  
Foreign Relations ◽  
National Development ◽  
Developed Countries ◽  
Efficient System ◽  
Legal Development ◽  
Judicial Administration ◽  
National Organizations ◽  
Trade And Investment ◽  
Developing And Developed Countries

Legal development in the developing countries is at the same time one of the most urgent needs for modernization and one of the most delicate fields in which non-national organizations, private as well as public, can render assistance.A comprehensive, unified, and depersonalized body of law, a welltrained and adequate legal profession, and an efficient system of judicial administration are necessary to the mobilization of human resources for national development, to the safeguarding of human rights, and to the orderly and impartial operation of government in the developing (and developed) countries. To participate fully in the international community and share in the benefits of international intercourse, economic and political, the developing countries require carefully developed bodies of law relating to commerce and banking, trade and investment, and the whole field of foreign relations.

Fatwa Majelis Ulama Indonesia sebagai Solusi Permasalahan Umat Islam di Indonesia

2020 ◽  
Vol 14 (2) ◽  
pp. 307-316
Author(s):  
Ibnu Elmi Achmat Slamat Pelu ◽  
Jefry Tarantang
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Legal Authority ◽  
Legal Research ◽  
Conceptual Approach ◽  
Historical Approach ◽  
High Position ◽  
Legal Norms ◽  
Legal Development ◽  
Binding Position

The Indonesian Ulema Council (MUI) has an important role in answering the increasingly complex problems of Muslims through fatwas. However, in the Indonesian legal system, fatwas are not considered a source of material law that has legal validity as a solution to the problems of Muslims in Indonesia. Therefore, this study aims to describe the position of fatwas in the legal system in Indonesia and the existence of the fatwas of the Indonesian Ulema Council in addressing the problems of the ummah. This research is a normative legal research using three types of approaches consisting of a statutory approach, a historical approach, and a conceptual approach. The results of this study concluded that: firstly, the position of fatwas in the construction of Islamic law has a high position. Fatwas are seen as a solution that can break the ice in legal development that is not accommodated by the texts of the Quran. So, substantively and sociologically, fatwas have a strong and binding position in Islamic law. Secondly, the existence of the fatwa of the Indonesian Ulema Council in responding to the problems of the Ummah can be seen in two aspects. The first aspect, fatwas in the perspective of Islamic legal authority are binding sociologically in substance. This is because fatwas are explanations and interpreters of the texts of the Quran regarding Islamic law. The second aspect, fatwas from the perspective of the hierarchy of laws and regulations, legally and formally, do not have any position in the ranking of legal norms. However, it is constitutionally guaranteed through Article 29 of the 1945 Constitution that guarantees the realization of the fulfillment of all Islamic law for Muslims in Indonesia.

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