scholarly journals Review of the Political Direction of National Legal Development Law

2021 ◽  
Vol 9 (2) ◽  
Author(s):  
Achmad Irwan Hamzani ◽  
Kanti Rahayu ◽  
Tani Haryadi ◽  
Nur Khasanah ◽  
Havis Aravik
Keyword(s):  
Legal System ◽  
Legal Consciousness ◽  
The Political ◽  
Philosophical Approach ◽  
Legal Development ◽  
National Legal System ◽  
The Law ◽  
The Impact ◽  
Law Making ◽  
The Ideal

The political direction of the law in Indonesia in the development of national law simplifies legislation. The scope of national legal development is not only through legislation. There is the functionalization of the law that lives in society. The purpose of the research describes the political urgency of law in the development of national law and reviews the political direction of national law development law. This research uses a philosophical approach, namely to examine the law from the ideal side in the form of an idea of the direction of national law politics in the future. The results of this study show that the politics of law is necessary to provide direction in the development of national law. Each country has a legal political direction whose role as the basic policy of state organizers to determine the direction, shape, and content of the law to be established. Legal politics as a strategy of the formation process, as well as the implementation of laws based on the national legal system to achieve the goals and ideals of the state. The political direction of the law in Indonesia in the development of national law simplifies legislation. The scope of the development of the national legal system can be through legislation and functionalization of the living law. The political direction of the law in Indonesia in the development of national law simplifies the process of legislation. The impact will only be a successful legal state in law-making, but weak in law in action. The implication of this study is to expand the political direction of national law which includes the functionalization of the living law. By functionalizing "the living law", the resulting law is rooted in the legal consciousness of society.

scholarly journals Positivisasi Syariah di Indonesia, Legalisasi atau Birokratisasi?

2018 ◽  
Vol 15 (3) ◽  
pp. 592
Author(s):  
Pepen Irpan Fauzan ◽  
Ahmad Khoirul Fata
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
The Body ◽  
Positive Law ◽  
National Legal System ◽  
The Law ◽  
Islamic Society ◽  
The Ideal

Tulisan ini mengkaji pemberlakuan hukum syariah sebagai bagian dari hukum nasional Indonesia. Ada dua permasalahan pokok yang dibahas: pertama, bagaimanakah posisi hukum Islam dalam tubuh hukum nasional? Kedua, apakah legalisasi syariah telah mencerminkan idealitas hukum syariah bagi masyarakat Islam Indonesia? Untuk membahas dua permasalahan ini, penulis memfokuskan pada UU tentang Zakat, wakaf dan haji. Dari kajian yang penulis lakukan, dapat disimpulkan beberapa hal: pertama, keberadaan UU terkait zakat, wakaf dan haji merupakan perwujudan penerimaan sistem hukum Indonesia terhadap pemberlakuan hukum Islam sebagai bagian integral dari hukum nasional. Kedua, meski telah masuk dalam sistem hukum nasional, namun UU tentang zakat, wakaf dan haji mempunyai kekuatan dan kelemahan. Kekuatannya terletak bahwa hukum Islam telah menjadi hukum positif, sehingga pemberlakuannya menjadi mutlak di tengah masyarakat. Kelemahannya, UU itu lebih menitikberatkan pada persoalan administratif, dari pada mandatory. Konsekuensinya, UU tersebut tidak lebih dari sekedar birokratisasi-syari’ah.This paper examines the implementation of sharia as part of Indonesian national law. There are two main issues that are discussed: first, what is the position of Islamic law in the body of national law? Second, does the legalization of sharia reflect the ideal of shariah for Indonesian Islamic society? To discuss the two issues, the authors focus on the Law on Zakat, wakaf and hajj. From the writer's study, it can be concluded: First, the existence of the zakat, wakaf and hajj laws is the embodiment of acceptance of Indonesian legal system towards the implementation of Islamic law as an integral part of national law. Second, although it has been included in the national legal system, the Law of zakat, wakaf and hajj has strengths and weaknesses. Its strength lies in that Islamic law which has become a positive law, so its enforcement becomes absolute in society. The weakness is that the Law focuses on administrative matters rather than mandatory. Consequently, the law is nothing more than a shari'ah-bureaucratization.

scholarly journals Legislasi Hukum Islam dalam Sistem Hukum Nasional

2020 ◽  
Vol 4 (2) ◽  
pp. 116-126
Author(s):  
Ainun Najib
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Customary Law ◽  
The Political ◽  
Legal Development ◽  
Positive Law ◽  
Religious Law ◽  
National Legal System ◽  
Western Law ◽  
Islamic Values

Constitutionally, Indonesia is neither a religious state nor a secular state, but a state based on Pancasila. The ideology of this nation also influences the development of law in it, which is not based on religion nor adheres to the secular legal system. Based on the Pancasila philosophy, Indonesia's national legal system recognizes religious law, customary law and Western law as a source of material law in the formation of national law. The existence of Islamic law in the national legal system experienced ups and downs, due to the influence of the political power of each era of government. Transforming Islamic law into national law requires negotiation and dialectics through a friendly approach and does not trigger national disintegration. So that the process of transformation into the resulting national law can be divided into two forms, first, Islamic law is adapted into positive law in the form of organic law. Second, accommodation in the form of absorption of Islamic values into national law, by not using Islamic / Islamic labels. The transformation of Islamic law into national law is a manifestation of responsive and accommodative legal development.

The impact of Political Parties Law no. 36 of 2015 on requlatinq political parties pluralism in Iraq

2021 ◽  
Author(s):  
Kurdistan Saeed
Keyword(s):  
National Identity ◽  
Political Parties ◽  
Legal Framework ◽  
The Political ◽  
Political Opposition ◽  
The Law ◽  
Lack Of Commitment ◽  
The Impact

This study deals with the political parties’ pluralism in Iraq under the Parties Law No. 36 of 2015. The importance of the study lies in the fact that it looks at a topic that is at the heart of democracy and it is necessary for the success of any democratic processes. The study focuses on parties’ pluralism in Iraq since the establishment of the Iraqi state in 1921 until the end of the Baath Party regime in 2003, it also covers the period after 2003 and pays particular attention to the Parties Law No. 36 of 2015. It focuses on the legal framework of political parties after the adoption of the Political Parties Law and studies the impact of this law on parties’ pluralism in Iraq after its approval in 2015. The study concludes that Law No. 36 of 2015 is incapable of regulating parties’ pluralism for reasons including: the lack of commitment by the political parties to the provisions of the law, the inability of the Parties Affairs Department to take measures against parties that violate the law the absence of a strong political opposition that enhances the role of political parties, the association of most Iraqi parties with foreign agendas belonging to neighboring countries, and the fact that the majority of Iraqi parties express ethnic or sectarian orientations at the expense of national identity.

scholarly journals Formation of Indonesia's National Law System

2020 ◽  
Vol 7 (2) ◽  
pp. 85-90
Author(s):  
Ramadhani Puji Astutik ◽  
Anita Trisiana
Keyword(s):  
National Identity ◽  
Legal System ◽  
Secondary Data ◽  
The State ◽  
National Goal ◽  
Law System ◽  
Legal Development ◽  
Normative Approach ◽  
Material Sources ◽  
National Legal System

The formation of Indonesia's national legal system cannot be separated from the politics of law, because it is used as a guide in the process of making and enforcing the law to achieve a dream and national goal. The formation of the legal system in Indonesia has not gone well, Indonesia should have its own law. By having its own law, Indonesia will have national identity and will be seen as advanced by other countries. The formation of the national legal system in Indonesia is heavily influenced by external elements. It should maintain all the material sources of law that already exist in Indonesia. The objective of this study is to describe the formation of the national legal system in the State of Indonesia. This study uses a normative approach by using secondary data from library materials. The results of this study indicate that the formation of a national legal system is a process of developing a legal system and along with its element. With the development of the national legal system, it must be able to replace the Dutch colonial legal products with its own legal products. The development of the national legal system is a way to make changes in Indonesian legal products that must be in accordance with the values that are in people's lives. In the process of legal development, it is impossible to be separated from a legal politics.  

A Law Unto Itself: Chinese Communist Party Leadership and Yifa zhiguo in the Xi Era

Modern China ◽  
2018 ◽  
Vol 44 (4) ◽  
pp. 347-373 ◽  
Author(s):  
Susan Trevaskes
Keyword(s):  
Communist Party ◽  
Legal System ◽  
Chinese Communist Party ◽  
Power Relations ◽  
The Political ◽  
Xi Jinping ◽  
Party Leadership ◽  
The Law ◽  
Key Aspects

This article explores the political significance of “governing the nation in accordance with the law” 依法治国 ( yifa zhiguo) in the Xi Jinping era. It examines party statements and propaganda about the necessity of exercising party leadership over all key aspects of law-based governance, particularly the politico-legal system. The aim is to understand the strategic need for yifa zhiguo as part of the ideological repertoire of the Xi leadership. The argument is that yifa zhiguo is essentially an ideological and strategic message about power relations under Xi and the capacity of the party to withstand various threats to its credibility and thus ultimately to bring about the nation’s and party’s rejuvenation.

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.

scholarly journals MEMBUMIKAN HUKUM ISLAM DI INDONESIA

2016 ◽  
Vol 14 (2) ◽  
Author(s):  
Muhammad Fahmi Al Amruzi
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Public Life ◽  
Legal Order ◽  
National Legal System ◽  
Strategic Position ◽  
The Law

The existence of Islamic law in Indonesia has long earned a place in public life. It is the law established in the midst of society and even became the official legal state at the time of Islamic kingdoms until the beggining of VOC. When the Dutch managed to take over all the power of the Islamic kingdoms, the Islamic law began to be abolished gradually. After independence, Indonesian people began to dig his own laws independently and Islamic laws still exists and getting stronger. The Islamic law has its own power which can take the form in legisation, jurisprudence and public legal awareness. Islamic law has an important strategic position in the formation and preparation of Indonesia's national law. One effort to incorporate Islamic law into the national legal order is through the transformation of the values of Islamic law into the Indonesian National Legal System.

The Limits of the Prerogative State

2017 ◽  
Author(s):  
Ernst Fraenkel
Keyword(s):  
Legal System ◽  
Birth Certificate ◽  
Birth Certificates ◽  
The Political ◽  
Legal Norms ◽  
Normal Life ◽  
The Law ◽  
Totalitarian State

This chapter looks at the prerogative state in more detail. The whole of the German legal system, it shows, became an instrument of the political authorities. It looks at the birth certificate case in Germany at that time where hundreds of birth certificates were issued in accordance with the provisions of the law. Normal life, it explains, was ruled by legal norms. The chapter then questions the history and the notion of the totalitarian state and relates it to the case of late 1930s Germany.

English Legal System

2018 ◽  
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley
Keyword(s):  
Legal System ◽  
Alternative Methods ◽  
European Convention ◽  
The European Union ◽  
Civil Process ◽  
Legal Studies ◽  
System P ◽  
Solid Foundation ◽  
The Law ◽  
The Impact

English Legal System gives an understanding of the operation of the law and the legal system which is essential to the laying of a solid foundation upon which to build further legal studies. After offering practical advice on how to study the English Legal System, an overview is given of the nature of law, the sources of law, how the English legal system operates, the courts of England and Wales, and some of the important institutions and personnel of the law. How legislation is made and how it is interpreted is discussed. How judges make law and how this process is governed by the doctrine of judicial precedent are explored. The rule coming from a case, the ratio decidendi, and other statements of law, obiter dicta, are explained. The book considers the impact of membership of the European Union (EU) and being a signatory to the European Convention on Human Rights (ECHR). The institutions and personnel of the law, such as juries, judges, and lawyers are covered. The criminal process, from arrest to trial to sentencing, is explained and analysed. Resolution of disputes through the civil courts and tribunals is explained, as is the civil process. Alternative methods of dispute resolution, e.g. mediation and arbitration are also considered.

English Legal System

2020 ◽  
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley ◽  
Birju Kotecha
Keyword(s):  
Legal System ◽  
Alternative Methods ◽  
European Convention ◽  
The European Union ◽  
Civil Process ◽  
Legal Studies ◽  
System P ◽  
Solid Foundation ◽  
The Law ◽  
The Impact

English Legal System gives an understanding of the operation of the law and the legal system which is essential to the laying of a solid foundation upon which to build further legal studies. After offering practical advice on how to study the English legal system, an overview is given of the nature of law, the sources of law, how the English legal system operates, the courts of England and Wales, and some of the important institutions and personnel of the law. How legislation is made and how it is interpreted are discussed. How judges make law and how this process is governed by the doctrine of judicial precedent are explored. The rule coming from a case, the ratio decidendi, and other statements of law, obiter dicta, are explained. The book considers the impact of membership of the European Union (EU) and being a signatory to the European Convention on Human Rights (ECHR). The institutions and personnel of the law, such as juries, judges, and lawyers are covered. The criminal process, from arrest to trial to sentencing, is explained and analysed. Resolution of disputes through the civil courts and tribunals is explained, as is the civil process. Alternative methods of dispute resolution, e.g. mediation and arbitration, are also considered.

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