scholarly journals LEGAL MONITORING AS A TOOL FOR MODERNIZATION OF NATIONAL LEGAL SYSTEM OF THE REPUBLIC OF KAZAKHSTAN

2018 ◽  
Vol 4 (4) ◽  
pp. 1-1
Author(s):  
Жанна Тлембаева ◽  
Zhanna Tlembaeva ◽  
Дана Турлыбек ◽  
Dana Turlybek
Keyword(s):  
Legal System ◽  
National Legal System ◽  
The Republic

scholarly journals Pancasila sebagai Sumber Hukum dalam Sistem Hukum Nasional

2018 ◽  
Vol 15 (1) ◽  
pp. 21
Author(s):  
Fais Yonas Bo’a
Keyword(s):  
Legal System ◽  
House Of Representatives ◽  
Legal Pluralism ◽  
New Order ◽  
The Reformation ◽  
National Legal System ◽  
The Status ◽  
The Republic ◽  
Binding Power ◽  
Laws And Regulations

Pancasila sebagai sumber segala sumber hukum sudah mendapatkan legitimasi secara yuridis melalui TAP MPR Nomor XX/MPRS/1966 tentang Memorandum DPR-GR Mengenai Sumber Tertib Hukum Republik Indonesia dan Tata Urutan Peraturan Perundang Republik Indonesia. Setelah reformasi, keberadaan Pancasila tersebut kembali dikukuhkan dalam Undang-Undang Nomor 10 Tahun 2004 yang kemudian diganti dengan Undang-Undang Nomor 12 Tahun 2011 tentang Peraturan Perundang-Undangan. Pancasila sebagai sumber segala sumber hukum memberi makna bahwa sistem hukum nasional wajib berlandaskan Pancasila. Akan tetapi, keberadaan Pancasila tersebut semakin tergerus dalam sistem hukum nasional. Hal demikian dilatarbelakangi oleh tiga alasan yaitu: pertama, adanya sikap resistensi terhadap Orde Baru yang memanfaatkan Pancasila demi kelanggengan kekuasaan yang bersifat otoriter. Kedua, menguatnya pluralisme hukum yang mengakibatkan terjadinya kontradiksi-kontradiksi atau disharmonisasi hukum. Ketiga, status Pancasila tersebut hanya dijadikan simbol dalam hukum. Untuk itu, perlu dilakukan upaya-upaya untuk menerapkan Pancasila sebagai sumber segala sumber hukum dalam sistem hukum nasional yaitu: pertama, menjadikan Pancasila sebagai suatu aliran hukum agar tidak terjadi lagi disharmonisasi hukum akibat diterapkannya pluralisme hukum. Kedua, mendudukkan Pancasila sebagai puncak peraturan perundang-undangan agar Pancasila memiliki daya mengikat terhadap segala jenis peraturan perundang-undangan sehingga tidak melanggar asas lex superiori derogat legi inferiori.Pancasila as the source of all sources of law has obtained legitimacy legally through the Decree of the People’s Consultative Assembly Number XX / MPRS / 1966 on the Memorandum of the House of Representatives-Gotong Royong Regarding the Sources of Law and the Order of the Republic of Indonesia. After the reformation, the existence of Pancasila was re-confirmed in Law Number 10 Year 2004 which was subsequently replaced by Law Number 12 Year 2011 on Legislation Regulation. Pancasila as the source of all sources of law gives meaning that the national legal system must be based on Pancasila. However, now the existence of Pancasila is increasingly eroded in the national legal system. This is motivated by three reasons: first, the existence of resistance to the New Order that utilizes Pancasila for the sake of perpetuity of authoritarian power. Second, the strengthening of legal pluralism that resulted in legal contradictions or disharmony. Third, the status of Pancasila is only used as a symbol in law. Therefore, efforts should be made to implement Pancasila as the source of all sources of law in the national legal system: first, make Pancasila as a flow of law in order to avoid legal disharmonization due to the application of legal pluralism. Secondly, Pretend Pancasila as the top of legislation so that Pancasila have binding power against all kinds of laws and regulations so that it does not violate the principle of lex superiori derogat legi inferiori.

scholarly journals The formulation of nusantara fiqh in Indonesia

2021 ◽  
Vol 21 (1) ◽  
pp. 39-58
Author(s):  
M. Noor Harisudin
Keyword(s):  
Middle East ◽  
Legal System ◽  
Islamic Law ◽  
Fixed Domain ◽  
Library Research ◽  
Islamic Jurisprudence ◽  
National Legal System ◽  
Recent Developments ◽  
Nahdlatul Ulama ◽  
The Republic

This article discusses how Fiqh Nusantara, an Islamic jurisprudence in Indonesia was formed and formulated.  Data were obtained through library research, classic literature commonly used in Islamic boarding schools, fatwas of the Indonesian Council of Ulama, Nahdlatul Ulama, and Muhammadiyah. The Fiqh Nusantara contextualization in Indonesian locus – known as Fiqh Nusantara– is posed from distinctive genealogy and characteristics compared to Fiqh that has developed in the Middle East. One of the characteristics of Fiqh Nusantara is that it has strengthened the unity of the Republic of Indonesian as indicated by its various contributions in the national legal system. Additionally, it has been resulted in a dialogical process in which many fatwas developed and lived in the community. It is responsive to recent developments of fiqh and it is not derived from one school of thought. It is created through collective efforts (collective ijtihad) in the form of fiqh which is open to variety of opinions. However, Fiqh Nusantara as an Islamic law in Indonesia has not yet penetrated the domain of mahdlah (sincere worship to the God). For Fiqh Nusantara activists, it was only applicable to the changing domain of fiqh (mutaghayirat) and not to the fixed domain of fiqh (tsawabit).

scholarly journals Barymta – As an Institution of the Legal System

2020 ◽  
Vol 159 ◽  
pp. 05005
Author(s):  
Karlygash Useinova ◽  
Aset Toktybaev ◽  
Akylbek Isabekov ◽  
Spatai Sartaev ◽  
Aidar Zhainak
Keyword(s):  
Legal System ◽  
Legal Reform ◽  
Customary Law ◽  
Legal Regulations ◽  
The People ◽  
National Legal System ◽  
History Of ◽  
Written Law ◽  
The Republic

The article is devoted to the study of the Barymta Institute and determining its place in the customary legal system of the Kazakhs. The article shows the main stages of the emergence, development, and liquidation of Barymta; reveals the essence and content of the Barymta Institute; identifies and analyzes the main forms of Barymta manifestation. The ultimate goal of the legal reform carried out in Kazakhstan is the formation of the national legal system of the Republic of Kazakhstan. In many ways, its success depends on how much the legal heritage of the Kazakh people will be used. Traditional Kazakh society did not know written law. That is why legal regulations were of great social, regulatory and managerial importance. Without studying the customary law of the Kazakhs, developing specific, reasoned views on its nature, as many prominent scientists emphasize, it is impossible to comprehensively study the history of the people of the traditional period, especially since many issues remain completely unexplained.

scholarly journals PENCURIAN PRATIMA DALAM KAJIAN HUKUM PIDANA HINDU

2021 ◽  
Vol 16 (1) ◽  
pp. 37
Author(s):  
I Made Suastika Ekasana
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Research Method ◽  
Criminal Code ◽  
Legal Research ◽  
Legal Norms ◽  
Unitary State ◽  
National Legal System ◽  
Interaction Factors ◽  
The Republic

<p><em>Pratima Theft Crime is part of the crime of theft or crimes against property or objects that are sacred and sacred or sacred and sanctified which are related to symbols of God, Goddesses, Bhatara-Bhatari and their manifestations. Pratima theft is part of a crime against property as regulated in Book II of the Criminal Code and is also regulated in Hindu Law as Corah or Asteya in Article 6 in conjunction with Articles 336 - 343 Astamo dhyayah Weda Smrti (Manawa Dharmasastra) in conjunction with Articles 51 - 70 Ekodaco dhyayah Weda Smrti (Manawa Dharmasastra). Corah or Asteya is part of Hindu legal norms in the field of Criminal Law or Kantaka Sodhana. The problems studied in the writing are, Are Hindu law norms in the field of Criminal Law included in the national legal system in the Unitary State of the Republic of Indonesia? What are the factors causing the rampant theft of pratima in Bali Province ?. Using the normative legal research method, the conclusion obtained is that the legal norms of Pratima Theft are regulated in the legal system of the Unitary State of the Republic of Indonesia. support each other in the administration of the State. The Pratima Theft legal norms are part of the Criminal Law Norms including one of the Areas of Hindu Law which is one of the recognized religious laws in Indonesia, therefore the Pratima Theft legal norms as one of the religious laws (Hinduism) are automatically included as part of and regulated in the legal system in the Republic of Indonesia. Factors causing pratima theft include human factors, environmental factors, educational factors, social interaction factors and opportunity factors.</em></p><p><strong>Keywords</strong>: <em>Crime, Theft, Pratima, Hindu Law, Criminal Law.</em></p><p align="center"> </p>

scholarly journals Konsep Pluralisme Hukum Khas Indonesia sebagai Strategi Menghadapi Era Modernisasi Hukum

2021 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Fradhana Putra Disantara
Keyword(s):  
Legal System ◽  
Local Governments ◽  
Legal Pluralism ◽  
Customary Law ◽  
Scientific Development ◽  
Legal Research ◽  
Conceptual Approach ◽  
National Legal System ◽  
The Republic ◽  
Materials Used

The purpose of this legal research is to describe the concept of Indonesian legal pluralism or Indonesian legal pluralism in facing the era of legal modernization; as well as describing the Indonesian legal pluralism strategy in integrating customary courts into the national legal system. This legal research uses a statute approach and a conceptual approach. In this legal research, the primary and secondary legal materials used are inventoried in order to obtain proper legal review; and provides a conceptual analysis of the legal issues discussed. The results of the study stated that as a novelty concept; The concept of typical Indonesian legal pluralism provides equality for the enactment of state law, transnational law and customary law so that they can run together based on the 1945 Constitution of the Republic of Indonesia in the era of legal modernization. Then, the concept of typical Indonesian legal pluralism can be used as a strategy to integrate customary justice into the national legal system through aspects of legal development. Thus, this research is expected to be useful theoretically; namely as a scientific development of customary law, and practical benefits; namely as a reference for drafting regulations on customary villages by local governments. Therefore, researchers recommend that the Indigenous Peoples Bill be a priority in the 2021 National Legislation Program (Prolegnas).

scholarly journals Tiesību teorija Latvijā starpkaru periodā

2021 ◽  
pp. 298-305
Author(s):  
Jānis Pleps ◽  
Keyword(s):  
Interwar Period ◽  
Legal System ◽  
Legal Theory ◽  
Russian Empire ◽  
Prospective Development ◽  
National Legal System ◽  
The Republic

After proclamation of the independence of the Republic of Latvia, it was necessary to create national legal system. In this context, every national legal system needs its own legal theory. Legal theory in the Latvian legal system was based on succession of the former Russian legal theory traditions. The leading legal minds of new Latvian legal system had graduated from the universities of Russian Empire and practiced law in the Russian legal system. They continued their work in the Republic of Latvia, contributing to the new legal system. Furthermore, they created necessary foun­dations for impressive development of legal theory in Latvia during the interwar period. Prospective development of legal theory was interrupted by Soviet and Nazi occupations, and only partly continued in the exile.

Is the Infringement of a Treaty a Fault?

2020 ◽  
Vol 11 (1) ◽  
pp. 37-56
Author(s):  
Françoise Auvray
Keyword(s):  
Direct Effect ◽  
Legal System ◽  
Legal Order ◽  
International Treaties ◽  
Public Authorities ◽  
International Treaty ◽  
National Legal System ◽  
Tort System ◽  
State Liability

AbstractThis contribution deals with the wrongful behaviour of public authorities, in this case in particular the Belgian State, and delves into a challenge that the multi-levelled legal order poses for the national tort system. It inquires how the violation of an international treaty relates to liability in the national legal system. More specifically, the author examines if it is necessary, when dealing with state liability, to limit the concept of fault to the infringements of international treaties with direct effect, excluding the violation of those without such effect.

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