LAW AND DEVELOPMENT MOVEMENT IN LIGHT OF CONTRADICTIONS OF LEGAL RECEPTION

2021 ◽  
Vol 21 (5) ◽  
pp. 256-300
Author(s):  
V.A. SLYSHCHENKOV
Keyword(s):  
Social Life ◽  
Socioeconomic Development ◽  
The Political ◽  
Law And Development ◽  
Legal Development ◽  
The Law ◽  
Western Law ◽  
The 1960S ◽  
The Third World ◽  
Development Movement

The western Law and Development movement engaged in legal assistance to the socioeconomic development of the third world states as well as the postsocialist countries by the Western patterns includes two different stages, the first one continues about a decade and a half from the beginning of the 1960s, the second lasts approximately twenty years starting the beginning of the 1990s. The article provides a detailed consideration of the history and the achieved results, the content of the activities as well as the theoretical sources of the movement in the jurisprudence, the sociology and the economics. The Law and Development movement encourages and assists in the legal reception from the Western legal orders. Taking into account the distinction between the political and the doctrinal legal reception, the movement acts within framework of the former because it uses the legal regulations as an instrument for achievement of extra-legal purposes. Informed by this approach, the legislation serves the present-day policy whereas the law, which is a special social regulator establishing freedom in a social life, does not find a proper expression in the legislation, a statute compliant with the law is not the legislator’s reference point. Hence the political legal reception does not contribute to a successful legal development, establishment of legal values and the rule of law. This predetermines a failure of the Law and Development movement as a whole. The true outcome of the movement is an impulse of some kind to the further independent legal development in the interested recipient countries.

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 The Challenges for Court Reform after Authoritarian Rule: The Role of Specialized Courts in Indonesia

2021 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Melissa Crouch
Keyword(s):  
Institutional Reform ◽  
Authoritarian Rule ◽  
Political Transitions ◽  
Law And Development ◽  
Court Reform ◽  
Specialized Courts ◽  
The 1960S ◽  
Central Pillar ◽  
Development Movement

Political transitions from authoritarian rule may lead to a process of court reform. Indeed, court reform has been a central pillar of the law and development movement since the 1960s. What challenges do court reform efforts face after authoritarian rule in Indonesia and to what extent can specialized courts address these challenges? In this article, I examine court reform and the establishment of specialized courts in Indonesia post-1998. I argue that we need to pay attention to the politics of court reform after authoritarian rule. Specialized courts as a type of institutional reform need to be considered together with judicial culture in order to address fundamental challenges in the courts.

The Law of Homicide

2011 ◽  
pp. 97-112
Author(s):  
David Novak
Keyword(s):  
Death Penalty ◽  
Social Life ◽  
Human Life ◽  
Image Of God ◽  
The Political ◽  
Individual Level ◽  
Rabbinic Judaism ◽  
The Law ◽  
The Individual ◽  
The Image Of God

This chapter argues that the law prohibiting murder is the Noahide commandment most immediately and rationally evident. The rabbis considered its prohibition from two distinct points of view, the theological and the political. In theological terms, murder is the intentional taking of another human life, a life created in the image of God. In political terms, murder wrecks social life. Regarding murder at the individual level, the rabbis differentiated criteria for the punishment of Jews and gentiles. For Jews who commit murder, the death penalty is employed only under the strict standard of “hatra'ah,” or forewarning. Such a dispensation was not available to non-Jews. The law of homicide also deals with the morally knotty issue of abortion. Rabbinic Judaism permitted abortion only when the mother's life was in danger, but for Noahides, abortion was proscribed in every case.

Fitting the pieces together from the United Nations perspective

2004 ◽  
Vol 49 (7) ◽  
pp. xxv-xxvii
Author(s):  
G. Young
Keyword(s):  
Sustainable Development ◽  
Third World ◽  
Socioeconomic Development ◽  
Political Agenda ◽  
The Political ◽  
World Summit ◽  
The Third ◽  
Key Issues ◽  
The Third World

Water is now high on the political agenda; it is increasingly acknowledged as being the basis for sustainable development. The leaders of the world recognize the role of water in basic survival, for the sustainability of supporting ecosystems and for socioeconomic development. They have all shown their concern over dwindling supplies and the deterioration of water quality. One of the key issues identified is the increasing competition between uses and users of water, which has made it more urgent than ever before to act in unison so that water resources can be managed as wisely as possible. The importance of water has been recognized at many world fora including the recent World Summit on Sustainable Development in Johannesburg and the Third World Water Forum in Kyoto. In UNESCO, as in many other agencies within the UN system freshwater issues are clearly being given priority status.

scholarly journals Legal Development and Globalization: Some Contemporary Issues in Indonesia and Global Context

2020 ◽  
Vol 1 (3) ◽  
pp. i-iv
Author(s):  
Ridwan Arifin
Keyword(s):  
Law Enforcement ◽  
Legal Reform ◽  
Law Reform ◽  
Original Research ◽  
Law And Development ◽  
Global Context ◽  
Legal Development ◽  
Rapid Changes ◽  
The Law ◽  
The Impact

When there is society, there always law, ubi societas ibi ius, has been impressed us that society always changes everyday and it impacted to the law enforcement itself. The inability of the law to respond the rapid changes even disruptive changes in the society raises its own problems in one hand, and challenges in the other hands. At this third issue, Journal of Law & Legal Reform Volume 1 Issue 3 (April 2020) presents some articles both original research articles and review articles from various institution and country. At this issue, the editor team highlight the focus theme “Law and Development in Disruptive Era (Indonesia and Global Context)” to give a high impression that this volume not only debating the contemporary issues concerning to legal development, but also the impact of law changes or law reform in the society itself.

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.

Theories of Law and Development

2018 ◽  
Vol 46 (4-5) ◽  
pp. 421-444 ◽  
Author(s):  
Andrew Harding
Keyword(s):  
Rule Of Law ◽  
Technical Assistance ◽  
State Of The Art ◽  
Current Phase ◽  
Judicial Reform ◽  
Law And Development ◽  
Modes Of Operation ◽  
The Rule Of Law ◽  
The 1960S ◽  
Development Movement

Abstract This article takes a long look at the law and development movement and its attempts to entrench the rule of law in developing countries in Asia via the means of legal technical assistance (LTA) designed to reform judiciaries and judicial bodies. It does so with special reference to Myanmar, being the latest instance of LTA in Asia. Currently there are more than 30 organisations working directly on rule of law LTA in Myanmar. Such efforts ought to represent the state of the art after half a century of LTA. The article looks at the trajectory of law and development since the 1960s, noting that the phases of law and development have led us through inaugural, critical, revivalist “moments” to a “post-moment” that appears to be pluralistic, and contextually nuanced. It notes that judicial reform has always featured in LTA through all of these “moments”, and discusses whether or in what circumstances judicial reform is the most desirable or justifiably prioritised approach to rule of law LTA. It concludes that in the current phase of law and development too much emphasis is placed on judicial reform, explaining why this is so and why other approaches could be more profitable. The argument leads to a conclusion that we might now usefully identify a “Burmese” moment in law and development—one in which we realise that one size will never fit all cases, that law and development is multi-faceted and needs to be broken down into distinct modes of operation. In this dispensation, the opportunity is offered to secure real and ongoing gains in rule of law technology.

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