scholarly journals Ponomarenko E.V. Legal development in the context of the humanization of the Russian legal system

2014 ◽  
Vol 2 (2) ◽  
pp. 109-114
Keyword(s):  
Legal System ◽  
Legal Development

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 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 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.

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.

The Abiding Influence of English and French Criminal Law in One African Country: Some Remarks Regarding the Machinery of Criminal Justice in Cameroon

1981 ◽  
Vol 25 (1) ◽  
pp. 1-13
Author(s):  
Peter Bringer
Keyword(s):  
Legal System ◽  
African Country ◽  
Legal Systems ◽  
African Countries ◽  
Black African ◽  
Legal Development ◽  
The Sixties ◽  
The Common ◽  
State Of Affairs

The legal systems of the vast majority of the Black African countries can either be reckoned among the common-law family of English origin or the civil-law family in its French version. This is a result of Africa's colonial past; France and England ruled the lion's share of the continent as colonies and gradually transferred their own legal systems to their African possessions. By the time most African territories gained their independence in the sixties, the European legal systems had obtained a firm footing, albeit often still applicable only to a limited extent and in a modified version of the occidental model. After independence, practically all African states maintained the legal system imposed on them by their former colonial masters; since then, they have further developed their laws on the pattern of those legal systems. One effect of this evolving state of affairs, despite all national legal peculiarities, has been a strengthening of the basic adherence of African states to the English or French legal system. On the other hand, it has widened the gap between Anglophone and Francophone countries, at least as far as legal development is concerned. In view of both long-term political goals such as African unity, and also current intra-African relations, such as trade and administrative co-operation between the states, separate legal development in Africa might become a deplorable stumbling block.

The Autocrat’s Moral-Legal Dilemma: Popular Morality and Legal Institutions in China

2020 ◽  
pp. 001041402095769
Author(s):  
Iza Ding ◽  
Jeffrey Javed
Keyword(s):  
Legal System ◽  
Online Survey ◽  
Authoritarian Regimes ◽  
Moral Foundations ◽  
Authoritarian Rule ◽  
Legal Decisions ◽  
Legal Development ◽  
Popular Justice ◽  
Survey Experiments ◽  
Party State

Authoritarian regimes sometimes professionalize their legal systems to govern more effectively. Yet when quasi-autonomous courts rule in contradiction to popular conceptions of right and wrong—popular morality—it might threaten citizens’ trust in the regime. We use the case of contemporary China to investigate this “moral-legal dilemma”—the competing needs of legal development and the satisfaction of popular justice concerns. Four case studies demonstrate that when court rulings conflict with popular morality, the party-state selectively alters decisions, so long as intervention does not significantly jeopardize the integrity of the legal system. Two online survey experiments then assess citizens’ reactions to moral-legal conflict in court rulings. We find that people are more likely to experience “moral dissonance” when legal decisions conflict with popular morality. We do not find that moral-legal conflict in court rulings significantly undermines individuals’ trust in the regime. Our analysis underscores the need for more attention to the moral foundations of authoritarian rule.

scholarly journals THE MODERN LEGISLATION OF CHINA: PROBLEMS AND PROSPECTS OF DEVELOPMENT

2016 ◽  
pp. 0-0
Author(s):  
Павел Трощинский ◽  
Pavel Troshchinskiy
Keyword(s):  
Legal System ◽  
Practical Importance ◽  
Security Threats ◽  
Russian Science ◽  
Legal Development ◽  
Administrative Reforms ◽  
Chinese Law ◽  
Chinese State ◽  
The Relationship ◽  
Law Making

The article is devoted to the investigation of the legal system and legislation of the modern Chinese state through the analysis of the existing legal enactments and those planned for adoption in state-legal, criminal, civil, administrative and social spheres. The author establishes the relationship between the existing security threats to the Chinese state and the legislator’s law-making activity, aimed at countering them. The purpose of this paper is to determine the characteristics of China’s legal development at the present stage for using this experience of the Chinese legislator in Russian legal science and practice. For this purpose, the author implements different tasks of analyzing and determining the specifics of Chinese law-making acts in the sphere of fight against corruption, terrorism, espionage, solution of demographic problems and combating family violence, administrative reforms, encouragement of foreign investment. Based on the results of the investigation, the author concludes about the importance of the process that is taking place in the legal system of China and its legislation aimed at eliminating of existing challenges and threats to the Chinese community. The author points out several unique laws, planned for adoption in the coming years and their main provisions, that are of theoretical and practical importance for the Russian science. The author stresses the importance of studying China’s law-making experience within the framework of comparative law.

scholarly journals Contemporary Legal Education in Nepal and Relevance of its Contributions

1970 ◽  
Vol 25 (1) ◽  
pp. 11-26
Author(s):  
Bal Bahadur Mukhia
Keyword(s):  
Significant Role ◽  
Legal System ◽  
Crucial Role ◽  
Legal Education ◽  
Legal Research ◽  
Legal Development ◽  
The People

In the abstract the writer of this article intends to present a brief observation on and analysis of prevailing legal education and relevance of its contributions for developing Nepalese legal system and other sectors. It is worth noting that qualitative legal education received by the people in the country plays crucial role for the promotion of legal system and development of society. Legal Education can play significant role in establishing just and equitable society. Inflexibility of thought and lack of legal research hinder the process of strengthening legal development and development of society.Key Words: Legal education; Promotion of legal system; Nepal Tribhuvan University Journal Vol. XXV, No. 1, 2005Page: 11-26Uploaded date: 24, September, 2010

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.

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