Indonesian State of Law is an Aspired Concept

2021

It can be called that the dynamics of national and state life in Indonesia are increasingly being tested by the same problem. For example, an outbreak of judicial corruption from the time to time, which was never ending. Law enforcers who are echoed as honorable professions, but on the other hand, these are exacerbated by the corrupt behavior of those professions. The sale and purchase of a case is no longer viewed as taboo, indeed it just looks like proper. Which means, it is a kind of a sign that the various legal regulations that normatively regulate the entire judicial process are ultimately unable to overcome the judicial corruption. The main objective of this research focuses on analysis related to efforts to revitalize the legal system in order to create an ideal rule of law as stated by Lawrance Friedman in his book namely "The Legal System: A Social Science Perspective". In this research, the method used is normative juridical using statutory, conceptual and histo...

Zenodo (CERN European Organization for Nuclear Research), 2023

Indonesia as a rule of law country, of course, is very very interested in these legal theories so that they can be applied in efforts to foster and establish or develop national law that cannot be removed from the living cultural values and soul of the Indonesian nation, the purpose of this research is to find out the development of legal theory which is the central point of substance quality in each phase of the development of legal theory and which legal theory is influential and suitable for adoption for the development of national law in the future. This type of research, this type of research, this paper is normative research in which the method or steps used to obtain data originate from the data collection used in this research is to collect data documents, as well as legal literature books. Some of these data documents include; article-articles or news from the mass media related to the legal phenomena that are the subject of discussion. The results of the analysis obtained are classical legal theory, showing that the quality of substance which is the central point of legal theory in each phase of its development, basically pivots on one thing, namely "human relations and law". This means that the more the basis of a theory shifts to the "regulation" factor, the legal theory responds to law as a closed formal legalistic unit. Conversely, the more it shifts to the "human" factor, the more open the theory of law is and touches the social mosaic of humanity.

Jurnal Akta

Indonesian law essentially comes from four sources of law, namely customary law, Islamic law, ex-colonial law and ratified international treaties. But what makes it sad is that from these four sources of law, customary law is left behind or forgotten, it looks inferior compared to other laws. In scientific forums it is only used as research material and academic studies and is narrated rhetorically. Against this background, the problem studied in this research is how the position of customary law in the national legal system with a civil law pattern in Indonesia is. The research method used is normative juridical sourced from primary, secondary and tertiary legal materials. The results show that traces of customary law are scattered in legislation, as legal principles in positive law in Indonesia and also in jurisprudence. Research findings that customary law fulfills two requirements of reality and ideals as the primary source of law in Indonesian legislation.

2021

Indonesia uses customary Law as positive Law in the archipelago, is obeyed and implemented as a custom, from generation to generation respected by the community as a national tradition. As a rule of Law, Indonesia adheres to many legal systems at the same time that lives and develops in society, namely the civil law system and the customary law system. All these legal systems are complementary, harmonious, and romantic. As the original Law that grows and develops from community habits, Customary Law affects the process of law enforcement in Indonesia. The values ​​contained in customary Law in Indonesia were used in the formation of jurisprudence in the Supreme Court. This paper will explain how customary Law, which has an "unwritten" character, can fill the Indonesian civil law system's legal gap. This paper's research method is a normative legal research method and uses several approaches, namely the statutory approach, the comparative approach, and the historica...

Constitutionale

The existence of goals in the state is in accordance with Emmanuel Kant's opinion that the existence of guarantees relating to the formation and defense is to improve the position of the law. There is a strong impetus that needs to be realized optimally when there is a change in the legal politics of state power, mainly so that there is no deviation from the direction of the law that will make it difficult to achieve the essence of the state. So how is the history related to the dynamics of legal politics in Indonesian state administration, political intervention in the development of Indonesian state administration, and finally how is the comparison of legal politics in national law and Islamic law. The problem approach used in this research is a normative approach. The normative approach is an approach that is carried out by collecting and studying applicable legal regulations that are closely related to research problems which include laws and regulations, official documents,...

Rechtsnormen Journal of Law, 2023

Background. Judges are state judicial officials authorized by law to adjudicate. The role of judges is very important in the judicial order in Indonesia. Purpose. As we know, the Indonesian government system adheres to the trias politica, namely the legislative body as the legislator in this case the DPR, the executive body, namely the government and its cabinet and finally the judicial body, namely the judiciary. Method. The writing of this article cannot be separated from the name of the research method, because in scientific writing the method is a necessity which is the perfect and effective condition of a research result Results. In addition to the government system, the Indonesian legal system is known to follow the European-Continental legal system where the law will be based on the law or what is known as "law in book". Legal issues that are increasingly complex corner the enforcers of justice (read judges) are hit by many problems that are often not found in the law. Judges who must decide based on the law and on the other hand they cannot be absent from their profession in adjudicating, however they must decide for the sake of justice and human truth. Conclusion. In this article, the author seeks to explain the position of judges in finding law by writing articles using a qualitative and normative (doctrinal) approach as a type of research.

International Journal of Research and Innovation in Social Science

Legal development is a necessity for the Indonesian people. Having its product law becomes the identity of a free nation. The original Indonesian law will later become a national law that is free from colonial legal products. This study aims to describe the terminology of legal development and reform and the urgency of developing a national criminal law in Indonesia. The results of this study indicate that legal development is synonymous with legal reform. Legal development is an inseparable part of national development. Integrating and synergizing with other fields such as politics, economy, society, environment, and security in legal development is necessary. Legal development must be sustainable and well planned. Legal development can also mean legal reform which includes updating existing or outdated legal provisions and creating new laws needed to meet the demands of developments that occur in society. The implementation of legal development is not only limited to statutory reg...

Journal of Law and Legal Reform

This study aims to find out the dynamics of the legality principle in the renewal of criminal law laws in Indonesia. The type of research used is doctrinal research. All data obtained were analyzed qualitatively juridically. This study examines and examines secondary data about the dynamics of the legality principle in reforming criminal law laws in Indonesia. The principle of legality according to Paul Johan Anslem von Feuerbach is nulla poena sine lege; nulla poena sine crimine; nullum crimen sine poena legali. These three phrases then become the adage Nullum delictum, nulla poena sine praevia legi poenali, which means that no act can be punished except for the strength of the criminal rules in the legislation that existed before the act was committed. The results of this studystates that if an act does not meet the formulation of an offense in a written law, the judge can impose a sentence if the act is considered disgraceful, contrary to justice and other social norms in people&...

Sosiohumaniora, 2022

Community life continues to develop dynamically. Along with that, various demands emerged to make various changes towards the achievement of national goals. Changes to the framework of the national legal system that was built on the basis of Pancasila and the 1945 Constitution. The direction of development must take into account the plurality of society without limiting rights and giving respect to the implementation of the law without overriding other legal interests. The context of a pluralistic Indonesian society develops along with the dynamics and development of society, both socio-culturally and politically. This article discusses the legal tradition that grows and takes root in Indonesia. This article is a normative research, which is conducting a literature study or secondary data to collect data through documentation from various articles, books, and other sources that discuss legal traditions in Indonesia. The finding of this article is that legal practices that develop in...

University Of Bengkulu Law Journal

The problem of euthanasia has existed since the health community was facing an incurable disease, while the patient was already dying and torturing. In such situations, it is not uncommon for patients to beg for relief from this suffering and do not wish to have their life extended. This is where the term euthanasia appears, which is letting go of one's life in order to be free from suffering or to die properly. This study aims to determine the concept of freedom to live, human freedom to choose and review legal norms in Indonesia and several other countries. However, in its application there is a dilemma, which is considered contrary to the right to life if euthanasia is carried out. This research is a legal research with an approach obtained by examining library materials or secondary data or what is called normative legal research or literature law research. The approach in research uses aConceptual Approach, which is an approach that departs from the views or doctrines that develop in legal science to build legal arguments when solving legal issues at hand. From this legal research study, it can be concluded that the presence of euthanasia is considered a human right in the form of the right to die which is considered to bring happiness and pleasure to him. Eutanasia when viewed from the aspect of criminal law and human rights in Indonesia are still having a debate that has not found the end, for the provision of human rights by the opposition national laws, especially the Criminal Code so there needs to be development of the law on regulation of euthanasia in Indonesia by taking into account medical factors normative.