scholarly journals The Legal Pluralism in Law Education in Indonesia

2021 ◽  
Vol 4 (1) ◽  
pp. 1-5
Author(s):  
Rahmat Bin Mohamad ◽  
I Wayan Rideng
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Social Issues ◽  
Legal Pluralism ◽  
Legal Culture ◽  
Legal Systems ◽  
Legal Compliance ◽  
Normative Study ◽  
History Of ◽  
The Many

This paper aims to analyze the practice of legal pluralism in Indonesia. A decentralized approach policy enables the growth and the development of various legal systems. By the prevailing of the pluralism of legal system apparently also raises the problem in its application. But in reality, various living legal systems can co-exist. The method applied is based on normative study, with qualitative approach. The result shows that the legal system that pluralism is very influential on the development of education, including law education. Law education in Indonesia is also influenced by the history of Indonesia. The new pattern of law education in Indonesia can only lead people to an obedience and legal compliance. Legal education is not an independent thing, but it is related to social issues. So it has implications for the many violations of law and the emergence of criminal acts. This shows the level of legal awareness of the community is still low. Then it will also affect the legal culture and law enforcement in a country.  

scholarly journals Settlement of Indonesian disorientation of democracy: perspective of legal culture

2018 ◽  
Vol 52 ◽  
pp. 00031
Author(s):  
Muhammad Yusrizal Adi Syaputra ◽  
Mirza Nasution
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
State Administration ◽  
Freedom Of Press ◽  
History Of ◽  
Asean Countries ◽  
Theory Of Law ◽  
Culture Education

The orientation of Indonesian democracy is the establishment of an Indonesian rule of law based on Pancasila. The disorientation of Indonesian Democracy caused the unstable political situation, uncontrolled freedom of press, uneven law enforcement. This situation has resulted in the low quality of democratic implementation in Indonesia compared to ASEAN countries. This research uses a normative juridical method with qualitative. The theory of “law is the spirit of the volk” which pioneered by von Savigny and the theory of legal system by Friedman will be the theoretical analysis in this research. Based on theory law is the spirit of the volk by Savigny, the current Indonesian state administration is not in accordance with the culture and history of the Indonesian nation. The cause of disorientation of democracy in Indonesia, first, the existence of cultural degradation of society. Second, the destruction of the legal and political system. Third, uncontrolled freedom of press. Pancasila as the volkgeist (spirit of the nation) of Indonesia should be the basic of state administration. Based on the legal system theory, the revitalization of Pancasila’s values and the legal culture education is the solution to resolve disorientation of Indonesian democracy.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

scholarly journals PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR

2018 ◽  
Vol 25 (1) ◽  
pp. 98
Author(s):  
Farihan Aulia ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Legal System ◽  
Legal History ◽  
Islamic Law ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
History Of ◽  
Legal Thinking ◽  
Anglo American ◽  
The Comparative Study

The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.

Creating Order in the Wilderness: Transplanting the English Law to Rupert's Land, 1835–51

1999 ◽  
Vol 17 (2) ◽  
pp. 209-246 ◽  
Author(s):  
H. Robert Baker
Keyword(s):  
Legal System ◽  
Legal History ◽  
Legal Culture ◽  
The United States ◽  
Major Theme ◽  
Law And Order ◽  
Complex Picture ◽  
History Of ◽  
Cultural Component ◽  
Colonial Settlement

The legal history of the western Canadian frontier has received renewed attention in recent years. Much of the work readdresses the question of “law and order,” challenging older assumptions about Canada's orderly frontier culture—orderly particularly in contrast to the United States’ violent settlement of the west. At issue is not just a revision of whether violence occurred on the Canadian frontier but a fundamental reinterpretation of what the concepts of “law” and “order” had really meant. Indeed, conflict between legal cultures has become a major theme as historians attempt to rewrite the history of the Canadian west. They understand that this conflict—whether violent or not—shaped the formation of Canada's legal culture before 1870. Methodological prescriptions for writing this type of history have emphasized the need for historians to widen their base of sources, particularly to exploit “nonlegal” sources (such as diaries, journals, and letters), and to consider the workings of what Lawrence Friedman has called the “cultural” component of a legal system: what suits were brought to court, what notions came into play there, what expectations people brought with them. Important studies on the colonial settlement of British Columbia in the nineteenth century have focused on the relationships between the Hudson's Bay Company, colonists, and Natives to demonstrate that conflict over resources and competing definitions of liberalism and law often shaped legal discourse. These rich accounts have, among other things, called into question the idea of an orderly, peaceful Canadian frontier. They have also provided a much more complex picture of the interactions between Native and European, and the uses of law and the legal system by settlers, Company men, and Aboriginals.

scholarly journals LEGAL PROTECTION OF CONSUMERS THROUGH HALAL CERTIFICATION ON PROCESSED FOOD PRODUCTS IN PALU CITY

2020 ◽  
Vol 17 (1) ◽  
pp. 38-55
Author(s):  
Marzuki Marzuki
Keyword(s):  
Law Enforcement ◽  
Empirical Research ◽  
Legal Protection ◽  
Food Products ◽  
Legal Culture ◽  
Influential Factors ◽  
Processed Food ◽  
Normative Study ◽  
Irresponsible Behavior ◽  
Law Enforcement Officials

This study discusses legal protection for Muslim consumers through Halal certification in processed food products in Palu. This is based on the writer's concern watching case after case that occurred in the community. With a variety of excuses and interests, the community as consumers become victims of the irresponsible behavior of processed food producers. This research is a normative study combined with empirical research to find out various factors that influence the realization of legal protection for Muslim consumers for processed food products in Palu. Namely: legal substance, Law enforcement officials Related to Halal Certification, Community Legal Culture and Supporting Facilities. The results showed that the four influential factors had not played their role maximally so that the conclusion was drawn that the legal protection of Muslim consumers through halal certification on processed food products in Palu had not been effective.

scholarly journals KENDALA DALAM PELAKSANAAN PENEGAKAN HUKUM TERHADAP PRAKTIK PARANORMAL SEBAGAI TINDAK PIDANA

2018 ◽  
Vol 1 (1) ◽  
pp. 1908
Author(s):  
Yusi Permatasi ◽  
Yuwono Prianto
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Legal Structure ◽  
The Law

In Society, Paranormal practices is considered as common things. Paranormal Practices is used for any good and also for crime, so to cope with the activities, government had regulated the act to control the crime by using paranormal background. The paranormal practices have been included as criminal acts. It has regulated in article 545 and article 546 of the criminal law act and set on as supernatural powers activity. As time passes, there are constraint in the alleviation law it’s law enforcement. This research was done with empirical or law sociological point of view, where Lawrence M. Friedman state that the elements of the legal system consist of Legal Structure, Legal Substance, and Legal Culture. The result of this research is the paranormal practices are differentiate by it used which is good or bad. The bad paranormal practices cause loss for society. This gave rise to uncertainty of law enforcement on the paranormal practices, therefore it need a deep research which is not only from the law enforcement point of view, but also the religious and cultural represented by figure.

Comparative Law and the Study of Mixed Legal Systems

2019 ◽  
pp. 473-501
Author(s):  
Jacques Du Plessis
Keyword(s):  
Legal System ◽  
Legal Pluralism ◽  
Comparative Law ◽  
Legal Systems ◽  
Comparative Analyses ◽  
The World ◽  
Mixed Nature ◽  
Key Questions

Legal systems generally are ‘mixed’ in the sense that they have been influenced by a variety of other systems. However, while some legal systems, for a period of time at least, reach a certain level of uniformity, the diversity or ‘mixedness’ of the origins of other systems is more pronounced. This chapter deals with the experiences of the latter systems, and especially with their relevance to the discipline of comparative law. The focus is first on the concept of a mixed legal system, as well as related concepts, such as legal pluralism and hybridity, that have gained prominence in comparative analyses. Thereafter key questions that arise from these analyses are then considered in detail. These questions include how the mixed nature of legal systems is to be dealt with in representations of legal diversity of the world, how mixed legal systems are formed, and what could be learned from their experiences.

Tracing the History of the Legal System in India

2019 ◽  
pp. 1-22
Author(s):  
Mahendra Pal Singh ◽  
Niraj Kumar
Keyword(s):  
Legal System ◽  
Legal History ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
Medieval Period ◽  
British Raj ◽  
Legal Traditions ◽  
History Of ◽  
The Law

Examination of Indian legal history illustrates the presence of multiple legal orders that coexisted in India through the ages. Moreover, certain ‘modern’ conceptions of law were present in similar forms in India before the medieval period, contrary to Western assumptions. Largely ignoring these legal traditions, the British attempted to re-give law and legal systems to the Indians. This was part of the larger project of ideologically justifying the presence of the British Raj in India. The British used India’s extant legal diversity to argue for the lack of a dominant legal tradition, leading to the introduction of British common law as the law of the land.

Dialetic Between Islamic Law and Adat Law in the Nusantara: A Reinterpretation of the Terengganu Inscription in the 14th Century

2015 ◽  
Vol 3 (2) ◽  
pp. 293-312
Author(s):  
Ayang Utriza Yakin
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Legal Pluralism ◽  
Social Classes ◽  
14Th Century ◽  
Alternative System ◽  
History Of ◽  
Adat Law

This article discusses the inscription found in Terengganu, which originated in the early XIV Century. The inscription documents the laws implemented by the rulers of the time. These texts reveal that the laws of this time came from two sources: Islamic law and customary (adat) law. In other words, the inscription indicates that legal pluralism was already in existence by the 14th Century. Adat law was the principle legal system in place, playing an important role in the archipelagic society at the time. However, there was an alternative system of Islamic law (e.g. stoning as a punishment for adultery) in place for lower social classes. This finding suggests that Islamic law was already in existence in the early 14th century—much earlier than the prevailing understanding of the history of Islamic law suggests. The article contributes by providing the new transliteration from Jawi into Latin characters and the new translation from old-Malay into modern English, which are arguably more accurate than the previous work.

Loving Justice

2019 ◽  
Author(s):  
Kathryn D. Temple
Keyword(s):  
British Empire ◽  
Legal System ◽  
Real World ◽  
Common Law ◽  
Legal Culture ◽  
Western World ◽  
History Of Emotions ◽  
History Of ◽  
English Law ◽  
Law And Humanities

How do people develop loyalty to the legal system they inhabit? This book focuses on legal emotions in William Blackstone's transformative, bestselling Commentaries on the Laws of England (1765–69), a collection of volumes that deeply impacted English legal culture and became an icon for English common law values across the British Empire. Blackstone, not only a lawyer and judge, but a poet who believed that “the only true and natural foundations of society are the wants and fears of individuals,” was ideally situated to condense English law into a form that evoked emotions. Using a history of emotions and Law and Humanities approach, the book argues that in enlisting an affective aesthetics to invoke emotions such as desire, disgust, melancholia, embarrassment, terror, tenderness, and happiness, Blackstone encouraged readers to feel as much as reason their way to justice in ways that have continued to influence the Western world. This book treats the Commentaries—reinterpreted here in affective, aesthetic, and real-world contexts—as offering a complex map of our affective relationship to juridical culture, one that illuminates both individual and communal understandings of our search for justice and is crucial for understanding both justice and injustice today.

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