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.  

scholarly journals INTERACTIONS BETWEEN LEGAL SYSTEMS IN THE JUDICIAL PROCESS OF KENDENG CASE (A CRITICAL ANALYSIS OF ACCESS TO JUSTICE)

2018 ◽  
Vol 3 (1) ◽  
pp. 15
Author(s):  
Wahyu Nugroho
Keyword(s):  
Legal System ◽  
Main Tool ◽  
The State ◽  
Customary Law ◽  
Executive Power ◽  
Access To Justice ◽  
Judicial Process ◽  
Law System ◽  
Holistic Understanding ◽  
National Legal System

The Indonesian state has the characteristic of legal system plurality in a national legal system, it is interesting to be observed from law making, licencing, law implementation, to judiciary process. State organizers in the context of government (executive power) as the licensors of business activities and the judiciary (judicial power) State Administration, as absolute competence over the objects of environmental administration disputes require optical and comprehensive holistic understanding, amidst the very diverse conditions of the legal system (legal pluralism) and a pluralistic society to be bound in a single national legal system (unification). The problem formulation in this paper is: (1) How is the interaction of continental European legal system and customary law system on kendeng case in the tiered judicial process? And (2) how does the interaction affect the legal system on the judge's mindset over environmental permit disputes objects? In relation to executive power as a licensor, the involvement of the public in the process of publishing environmental documents becomes a very important matter. Kendeng Community of Rembang Regency Central Java Province is fighting for its rights and various access to justice, finally choosing the judicial route as the main tool against the state, namely the State Administrative Court (PTUN) Semarang, High Administrative Court (PT TUN) Surabaya, Until the most recent legal remedy in the judicial system in Indonesia, namely the Review Supreme of Court. In this paper, it shows the interaction between the legal system, the continental European legal system and the customary law system in the process of tiered justice as an access to justice for the kendeng mountain community.

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 Unificarea legislativă a Principatelor Române și consolidarea dreptului în primele decenii ale Regatului României

2021 ◽  
Vol 65 (4) ◽  
pp. 138-185
Author(s):  
Sevastian Cercel ◽  
Keyword(s):  
20Th Century ◽  
Legal System ◽  
Legal Culture ◽  
Criminal Code ◽  
Civil Procedure ◽  
Civil Code ◽  
Old Kingdom ◽  
Law System ◽  
National Legal System ◽  
Functional Mechanisms

In the period 1859-1918, Romania built and consolidated a modern law system subject to fundamental principles that were found throughout Europe, with functional mechanisms and institutions. The adoption of the major codes - the Civil Code, the Code of Civil Procedure, the Criminal Code and the Code of Criminal Procedure - during the reign of Alexandru Ioan Cuza had a cardinal importance for the national legal system. The exercise of modern legislation initiated at that time, in a rhythm which was sometimes criticized, continued through the adoption of the 1866 Constitution or through the measures of the integration of Dobrogea in the Romanian law system. On the path opened by the generation of the Union of the Principalities, Carol I strengthened the beneficial force of law, building a state in which “only the law debated and approved by the nation, decides and governs”. The science of law and legal culture had in Romania, almost six decades after the Union of the Principalities, gathered through tradition and reform, an important dowry, a true “fulfilled state of law”. In the Old Kingdom there was, at the beginning of the 20th century, a fully achieved legal system that rightly expected to be the foundation of the legal system of Greater Romania.

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 Value of Comparative Law for the Kyrgyz Republic

2021 ◽  
Vol 7 (3) ◽  
pp. 269-273
Author(s):  
G. Toktogonova ◽  
M. Karimova
Keyword(s):  
Legal System ◽  
Legal Education ◽  
Comparative Law ◽  
The State ◽  
Private Law ◽  
Kyrgyz Republic ◽  
International Private Law ◽  
National Legal System ◽  
Fruitful Cooperation ◽  
Favorable Conditions

The article considers the relevance of comparative law as a science and method that contribute to the development of law on the territory of the state and international private law relations. The article describes the importance of comparative law for legal education in the modern legal life of the Kyrgyz Republic. The article examines the contribution of comparative law to the improvement of the national legal system of the Kyrgyz Republic. The article considers the importance of comparative law in creating favorable conditions for fruitful cooperation of lawyers from different countries.

scholarly journals DUALISME KEDUDUKAN DAN TANGGUNG JAWAB NOTARIS DALAM TATANAN SISTEM HUKUM NASIONAL

Asy-Syari ah ◽  
2020 ◽  
Vol 21 (2) ◽  
pp. 159-170
Author(s):  
Isis Ikhwansyah ◽  
Indra Prayitno
Keyword(s):  
Legal System ◽  
Legal Profession ◽  
Government Policies ◽  
Public Official ◽  
Normative Approach ◽  
State Official ◽  
National Legal System ◽  
Approach Method ◽  
Notary Public ◽  
The Government

Abstract: Government policies related to notary institutions from the beginning of their emergence until now, it has not been able to provide certainty related to the independence of the Notary Position in the order of the National legal system. Is it purely as a public official like a state official, or is the legal profession, and or is a Public Official combined with a legal profession position because it influences his responsibilities. This study aims to find out how the position and responsibilities of a notary in the current national legal system, this research method uses a juridical normative approach method that is analyzed descriptively analytically on the basis of data that is processed in a juridical way qualitatively, logically and systematically. From the results of the study note that the Notary has a position as a "Public Official" based on “the provisions of Article 1868 of the Civil Code”, UUJN, and other relevant laws. Notary public is also said to be a "professional position" because it has the skills and is done continuously to serve the interests of the community in the sphere of civil (Private). The notary's responsibility as a "Public Official" arises when the notary carries out the authority regulated under the UUJN and is responsible for carrying out his position to the client as well as to the government that has appointed him. The professional responsibility of a notary public arises when applying his skills in serving the community and being responsible to himself and his professional organization.Abstrak: Berbagai kebijakan pemerintah sehubungan dengan lembaga kenotariatan dari awal kemunculannya hingga saat ini, belum dapat memberikan kepastian terkait dengan independensi kedudukan notaris dalam tatanan sistem hukum nasional. Apakah murni sebagai pejabat umum layaknya pejabat negara, ataukah profesi hukum, dan ataukah pejabat umum yang dipadukan dengan jabatan profesi hukum karena hal tersebut berpengaruh terhadap tanggung jawabnya. Penelitian ini bertujuan untuk menemukan kedudukan serta tanggung jawab notaris dalam tatanan sistem hukum nasional saat ini, metode penelitian yang digunakan adalah metode pendekatan yang dilakukan secara yuridis normatif  yang dianalisis secara deskriptif analitis atas dasar data yang diolah secara yuridis kualitatif, logis dan sistematis. Dari hasil penelitian diketahui bahwa notaris mempunyai kedudukan sebagai “pejabat umum” didasarkan pada ketentuan “pasal 1868 kuhperdata”, uujn, serta perundang-undangan terkait lainnya. Notaris juga dikatakan sebagai “jabatan profesi” karena memiliki keterampilan dan dilakukan secara terus menerus untuk melayani kepentingan masyarakat dalam lingkup keperdataan (privat). Tanggung jawab notaris sebagai “pejabat umum” muncul ketika notaris melaksanakan kewenangan yang diatur berdasarkan uujn dan bertang­gung­jawab terhadap pelaksanaan jabatannya kepada klien serta kepada pemerintah yang telah mengangkatnya. Tanggung jawab professional dari seorang notaris muncul ketika menerapkan keterampilannya dalam melakukan pelayanan pada masyarakat dan bertanggungjawab kepada diri sendiri serta organisasi profesinya.

Vulnerability of the modern criminal legal system of Russia from the methods and means of conducting hybrid wars

2021 ◽  
Vol 7 (3) ◽  
pp. 30-44
Author(s):  
Leonid V. Goloskokov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Legal System ◽  
Legal Protection ◽  
Criminal Code ◽  
The State ◽  
Law System ◽  
The Russian Federation ◽  
Hybrid War ◽  
Criminal Legal System

The features of the manifestations of hybrid wars were investigated by examples of its action in certain sectors of science, education, economics, finance, and criminal law. Certain characteristics of actions and events have been identified as elements of a hybrid war and not as random events. The Criminal Code of the Russian Federation does not contain the necessary articles that would allow sufficient legal protection of the rights of citizens and the interests of the state from the actions and consequences of hybrid wars. In general, the criminal law system is not ready to identify and classify events as elements of a hybrid war, repel hybrid war attacks and waging confrontation, and work on the initial preemption and prevention of hybrid wars. This article, which is proposed to be introduced into the Criminal Code of the Russian Federation, reveals the concept of hybrid war and provides its full definition in a new article. In conclusion, criminal legal measures and the possibilities of only the criminal legal system cannot solve the problems of confrontation in hybrid wars, and involvement of all the forces and resources of the state is necessary. A proposal was made on the need to move to organizing the work of Russian law enforcement agencies on new principles: preemptive and prevention of hybrid wars instead of merely identifying their consequences and fragmentary application of criminal punishment for actions that are insignificant in comparison to the scale and damage caused by a hybrid war.

What Makes Socialist Legal Systems Socialist?

2019 ◽  
pp. 131
Author(s):  
WILLIAM ELLIOTT BUTLER
Keyword(s):  
Special Reference ◽  
Legal System ◽  
The Other ◽  
Legal Systems ◽  
Legal Change ◽  
Legal Tradition ◽  
Legal Development ◽  
Legal Studies ◽  
Chinese Characteristics ◽  
National Legal System

The author re-examines in this article the foundations for the traditional classifications of legal systems in comparative legal studies and suggests the usefulness of a kaleidoscopic perception of legal classifications and change, commencing from the revolutions of 1917 down to the present with special reference to the enduring impact on Asian legal systems. China, Mongolia, Vietnam, and Laos, together with Cuba and Ethiopia, are arguably the surviving systems of the socialist legal tradition – few in number but massive in population. Various perspectives are suggested for classifying legal systems. None are regarded as mutually exclusive; that is, a single national legal system may display features of several familial characteristics. A substantial list of possible characteristics of socialist legal systems is given, as is a lengthy enumeration of possible categories of families of legal systems: socialist/totalitarian, technocratic, formalist, transitional, RomanoGermanic, mixed, Slavic, Eurasian, among others. With respect to Asian socialist legal systems, the article asks whether it is descriptively and analytically more correct to, for example, describe China as a “socialist legal system with Chinese characteristics” or a “Chinese legal system with socialist characteristics”. In either event, or a modification of the juxtaposition, the question remains: what factors make China one or the other? Whatever the answer at any given moment in time, a kaleidoscopic perception of legal change and movement looks less for eternal verities than for constant readjustment, constant re-evaluation of the balance of factors that comprise a legal system, and the development of additional relevant criteria that help identify the forces at work in legal development.

scholarly journals Penyelesaian Perselisihan Antara Negara Dengan Warga Negara Asing Mengenai Penanaman Modal Berbasis Pancasila

2018 ◽  
Vol 8 (1) ◽  
pp. 70
Author(s):  
Agus Saiful Abib
Keyword(s):  
Qualitative Analysis ◽  
Legal System ◽  
Dispute Settlement ◽  
The State ◽  
Community Values ◽  
National Legal System ◽  
The Government ◽  
Humanitarian Values ◽  
Settlement Of Disputes ◽  
Gains And Losses

<p>Indonesia adalah negara hukum (<em>rechtsstaat</em>), oleh karena itu hukum nasional harus berdaulat dan menjadi panglima dalam menyelesaiaikan seluruh permasalahan bangsa. Akan tetapi penyelesaian perselisihan antara negara dengan warga negara asing mengenai penanaman modal dalam hegemoni hukum arbitrase internasinal, dimana pemerintah menyerahkan mekanismenya kepada <em>International Centre for Settlement of Investment Disputte</em> (ICSID). Fokus permasalahan makalah ini adalah Bagaimanakah keuntungan dan kerugian pemerintah Indonesia dalam penyelesian perselisihan antara negara dengan warganegara asing mengenai penanaman modal melalui ICSID? Bagaimanakah konsep penyelesian perselisihan antara negara dengan warga negara asing mengenai penanaman modal dalam sistem hukum nasional berbasis Pancasila. Metode yang digunakan dalam makalah ini adalah Analisa kualitatif dengan menggunakan paradigma postpositivisme (Guba &amp; Lincoln) yang disinergikan dengan pendekatan sosiolegal. Penulisan makalah ini mengungkapkan Hukum nasional merupakan hukum yang dibangun oleh bangsa Indonesia sendiri berdasarkan nilai ketuhanan, nilai kemanusiaan dan nilai kemasyarakatan yang merupakan nilai agung Pancasila sebagai pandangan hidup bangsa Indonesia guna mewujudkan tujuan negara. Indonesia mengalami kerugian sangat besar ketika penyelesaian perselisihan antara negara dengan warganegara asing mengenai penanaman modal diserahkan kepada ICSID, Oleh karena itu, perselisihan penanaman modal sebaiknya diselesaikan oleh badan arbitrase ASEAN.</p><p>Indonesia is a state of law (rechtsstaat), therefore the national law must be sovereign and be the commander in solving all the problems of the nation. However, the settlement of disputes between the state and foreign citizens concerning investment in the hegemony of the international arbitration law, in which the government submits its mechanism to the International Center for Settlements of Investment Disputes (ICSID). The focus of this paper issue is how are the gains and losses of the Indonesian government in settling disputes between the state and foreign citizens on investment through ICSID? What is the concept of dispute settlement between state and foreign citizen regarding investment in national legal system based on Pancasila? The method used in this paper is qualitative analysis using postpositivism paradigm (Guba &amp; Lincoln) synergized with sociolegal approach. The writing of this paper reveals the national law is a law that was built by the Indonesian people themselves based on the value of divinity, humanitarian values and community values which is the great value of Pancasila as a view of life of the Indonesian nation in order to realize the purpose of the state. Indonesia suffers enormous losses when the settlement of disputes between the state and foreign citizens concerning investment is left to ICSID. Therefore, investment disputes should be resolved by the ASEAN arbitration body.</p><pre> </pre>

scholarly journals THE LEGAL STRENGTHENING IN OUR EXISTENCE INDONESIAN LAW CONSTRUCTION

2020 ◽  
Vol 7 (3) ◽  
pp. 300
Author(s):  
Rakhmat Bowo Suharto
Keyword(s):  
National Identity ◽  
Legal System ◽  
Political Ideology ◽  
The State ◽  
Legal Problems ◽  
State Constitution ◽  
Approach Method ◽  
The Law ◽  
The Republic ◽  
Law Construction

The concept of nationality which has been formalized juridically in the Constitution of the State and the State Constitution, is not free from examination. Starting from rebellions based on ethnicity, religion, and political ideology, the nation has experienced. The approach method uses a normative juridical approach. The approach taken to find solutions to problems of legal problems that arise is to use a statutory approach. The results of the research achieved include strengthening the law as a means as a legal system that overcomes the entire existing local legal system, the Indonesian legal system has put in place various integrating tools which are at the same time a national identity that supports pluralism in the building of the Republic of Indonesia. Law has played an important role so that the existence of the Republic of Indonesia is protected from division. The purpose of maintaining unity in order to maintain the existence of the Republic of Indonesia, the law needs to be strengthened by conducting a paradigmatic evaluation of existing legal constructs.

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