scholarly journals Legal pluralism politics towards recognition of social unity in customary law and local regulation

2018 ◽  
Vol 2 (2) ◽  
pp. 124-140
Author(s):  
Gede Marhaendra Wija Atmaja
Keyword(s):  
Legal Pluralism ◽  
Customary Law ◽  
The Political ◽  
Local Uniqueness ◽  
Local Regulation ◽  
The Social ◽  
Social Unity ◽  
The Law ◽  
Political Principles ◽  
Limited Scope

The present study at discussing the about Legal Pluralism Politics towards Recognition of the Society Unity of Customary Law and Local Regulations. The two important term was discussed i.e. (1) the political principles of the legal pluralism whether as the recognition direction for the social unity of the customary law; (2) the rationale for the need to recognize the social unity of the customary law with a local regulation. The customary law unity has a specificity that requires flexible regulation in the law, and enforcement to its acknowledgment with local regulations. The utilization wonder, the law can make people happy by ensuring access to their rights. The recognition of customary law unity society guarantees access to rights, in accordance with laws that mandate acknowledgment with local regulations. The legal certainty requires that the law can be formulated, unlike a clear and systematic way. It can be made thus, it is clear about the recognized identity is given for more limited scope and local government to be better recognize local uniqueness.

scholarly journals EKSISTENSI OTONOMI DESA PAKRAMAN DALAM PERSPEKTIF PLURALISME HUKUM

2014 ◽  
Vol 3 (3) ◽  
Author(s):  
Anak Agung Istri Ari Atu Dewi
Keyword(s):  
Legal System ◽  
Research Method ◽  
Legal Pluralism ◽  
Customary Law ◽  
Legal Interpretation ◽  
State Law ◽  
Legal Research ◽  
Local Regulation ◽  
Traditional Institution ◽  
The Republic

The purpose of this research is to discover the existence of autonomy of Desa Pakraman in legal pluralism perspective. Related with that purpose, there are two issues that will be discussed, first, how does the existence of the autonomy of Desa Pakraman in Indonesia’s legal system?,Second, how does the existence of the autonomy of Desa Pakraman in legal pluralism perspective?. The research method is normative legal research using statue approach, concept approach and analytical approach and law analysis by using legal interpretation. Based on the problems, the results of discussion are : first, the existence of the autonomy of Desa Pakraman within the Indonesia’s legal system has regulated in the 1945 Constitution of the Republic of Indonesia, national and local Regulations. In the Constitution, specifically Article 18 B of paragraph (2), declare that the states recognizes Desa Pakraman and their traditional rights. In regulation of Law No.5 of 1960 concerning basic Agrarian Law (UUPA), regulation of Human Rights, and regulation of Desa (Village) are clearly recognize Desa Pakraman as traditional institution has traditional rights, one of it is the autonomy of Desa Pakraman. At the local regulation, autonomy Desa Pakraman has regulated in Local Regulation about Desa Pakraman. Second, that existence of autonomy Desa Pakraman in perspective legal pluralism is that the existence autonomy Desa Pakraman is a weak legal pluralism. In perspective weak legal pluralism the state law as a superior and the customary law as an inferior, its position in the hierarchy under State law. As a theory, the semi-autonomous social field from Sally Falk Moore perspectives that Desa Pakraman is semi-autonomous. Desa Pakraman has capacity to hold their village based on the customary law and outomaticly Desa Pakraman to be in framework of state law.

scholarly journals Collision of Royal Law and local fueros in the process of the Spanish state formation in XVI century on the example of the Antonio Perez case

2018 ◽  
pp. 22-25
Author(s):  
Elena Kalínina
Keyword(s):  
State Formation ◽  
The State ◽  
Customary Law ◽  
The Political ◽  
Roman Emperor ◽  
Concrete Case ◽  
Philip Ii ◽  
Charles V ◽  
The Law ◽  
Legal Processes

In this article, the Author uses the concrete case of Antonio Perez, the ex-secretary of the king Philip II of Spain, to demonstrate the course of the Spanish state formation and the integration of the Law and State with its problems and contradictions. The object of this study is to research the mentioned process in theory and in reality, because they are different. In theory, the process of the State formation comes to its end in the epoch of the Catholic Monarchs, Ferdinand and Isabella governing. Later, in the epoch of Charles V, Holy Roman Emperor, Spain was the Empire yet. However, in the epoch of Philip II the unity and integrity of the new sate are in danger, because the case of Antonio Peres demonstrates that customary law as fueros, privileges and time-honoured traditions are able to survive the political and legal processes.

Legal Pluralism, Customary Law and Women’s Rights

2018 ◽  
Vol 32 (1&2) ◽  
Author(s):  
Muna B Ndulo
Keyword(s):  
Women's Rights ◽  
Legal Pluralism ◽  
Customary Law ◽  
Women’S Rights ◽  
Constitutional Court ◽  
Bill Of Rights ◽  
Legal Systems ◽  
Societal Needs ◽  
The Social ◽  
And Gender

This article examines the challenges legal pluralism poses in legal systems, especially in relation to conflicts between customary norms and the Bill of Rights and the need to contextualise customary law in order to resolve the need to adapt it to changing societal needs and values. The article focuses on African customary law, African legal systems and women’s rights because it is a burning issue in Africa and was the subject-matter in several of the cases that came before the South African Constitutional Court during the time Justice Ngcobo was on the Court. Cases involving conflicts between customary law and gender rights are not unique to South Africa. These are issues that have engaged African courts and those elsewhere in the world. In Africa, the coexistence of customary law and received law is as old as colonial rule. Like all other systems of law, customary law has been influenced by various other forces in an ever-changing world. The article focuses on customary law and women’s rights. Justice Ngcobo’s approach to resolving conflicts between customary law and the Bill of Rights in constitutions is instructive and makes a significant contribution to the jurisprudence in this area of the law. In his opinions on customary law, especially in the Bhe case, he implores us to look at the social context in which customary rules originated and, before discarding them, to examine the possibility of developing them to meet the changing needs and circumstances of society.

The Law of the Market

2020 ◽  
pp. 184-201
Author(s):  
Yaacov Lev
Keyword(s):  
Customary Law ◽  
The Political ◽  
The Law

The chapter examine the nature of the hisba institution and early hisba manuals. Although the hisba law belongs to the realm of customary law, the Islamic concept of ‘commanding right and forbidding wrong’ had been grafted onto the hisba law. This mechanism provided an Islamic aura for the market inspector’s actions. The chapter also examines the grain economy of Fustat-Cairo and how the famine of 1024-1025 was handled by the market inspector and the regime. They handled the crisis at the political level, irrespective of doctrines related to fixing of prices.

Roman City-Laws of Spain and their Modelling of the Religious Landscape

2020 ◽  
pp. 332-345
Author(s):  
Meret Strothmann
Keyword(s):  
Religious Identity ◽  
Religious Life ◽  
City Council ◽  
Customary Law ◽  
The Political ◽  
Religious Institutions ◽  
The Social ◽  
The Right ◽  
The City ◽  
Religious Landscape

The Roman municipal laws from Spain tell us much more about the political constitution of Roman cities than any other document from the Western provinces. However, the fragments at our disposal do not provide information about the social and religious identity of the citizens and incolae. A short survey of Latin inscriptions in Spain shows that in Baetica, where the municipal laws were found, there is very little evidence for indigenous cults, in contrast to other Spanish provinces, numerous deities and cults are attested. It is suggested that municipal laws do not add much to our knowledge of religious life in the cities precisely because they were conceptualized as blueprints for different cities with different conditions. The lack of precise instructions regarding religious institutions is to be seen as part of a broader concept. Thus, in a paragraph of the late-republican constitution for the colony of Urso, the city council has the right to complete the calendar, i.e. to define the official cults. In the Flavian constitution of Irni, such a paragraph is missing, but instead another indication of local authority in respect to possible acculturation can be found: the founder is allowed to legislate, but only within the limits of Roman customary law. Roman cities in Spain were able to autonomously model the religious landscape in response to local needs, a capacity clearly expressed in legal terms.

scholarly journals Penggunaan Akun Bot Media Sosial untuk Mempengaruhi Opini Publik : Sebuah Tinjauan Hukum Di Indonesia

2020 ◽  
Vol 4 (1) ◽  
pp. 55-68
Author(s):  
Devi Rahma Fatmala ◽  
Amanda Amelia ◽  
Fitri Agustina Trianingsih
Keyword(s):  
Social Media ◽  
Public Opinion ◽  
Political Discourse ◽  
Democratic Theory ◽  
The Political ◽  
Political Actor ◽  
Political Actors ◽  
The Social ◽  
The Law

Today’s political discourse can’t be disattached from the usage of social media. There are plenty of political actors using it to campaign their issues and attack their political rival in order to influence public opinion. One of the instruments used by the political actor in using the social media is bot accounts. Bot accounts are an automated online account where all or substantially all of the actions or posts of that account are not the result of a person. The usage of bot accounts are viewed as harmful for democracy by many experts on law and democracy. However, a lot of states have no regulation regarding the usage of bot accounts, including Indonesia. This article is intended to bring legal review on the usage of bot accounts to influence public opinion in Indonesia. Using deliberative democratic theory, this article views that the usage of bot accounts could prevent the objective achievement of democracy based on UUD 1945. The authors recommend the regulation of bot accounts through the revision of UU No. 19 Tahun 2019 about Informasi dan Transaksi Elektronik with bringing up various important argumentations regarding the law implementation. Keywords : Bot Accounts; Social Media; Public Opinion; Democracy; Legal Review.

scholarly journals FENOMENA HUKUM WARIS ADAT DI INDONESIA ANTARA KEADILAN HUKUM DAN KEADILAN SOSIAL

2020 ◽  
Vol 3 (2) ◽  
pp. 1-21
Author(s):  
M Burhanuddin Ubaidillah
Keyword(s):  
Social Justice ◽  
Social Structure ◽  
Alternative Solution ◽  
Customary Law ◽  
Inheritance Law ◽  
National Regulation ◽  
The Social ◽  
The Law

Legal justice and social justice as two different concepts form the basis of the development of theoretical law and practical law. The pluralistic fact of customary inheritance law that is not single in Indonesia and is subject to genealogical and territorial alliance, is not written in legislative regulations (unstatutery law), and has been generally believed (taken for granted) in reality is very difficult to integrate. Even now customary law cannot be realized in legal unification and there is still no uniform national regulation in Indonesia due to the clash of cultural, religious and sociological complications. This is where the urgency of the concept of legal justice and social justice develops his theory in improving the law so that the phenomenon of customary inheritance law gets an alternative solution based on the social structure of a pluralistic Indonesian society.

Le róle de l'administration publique dans la réalisation des taches politiques de l'Etat socialiste

Res Publica ◽  
1973 ◽  
Vol 15 (1) ◽  
pp. 103-117
Author(s):  
Zygmunt Rybicki
Keyword(s):  
The State ◽  
Public Institutions ◽  
Living Standards ◽  
The Political ◽  
Socialist State ◽  
State Administration ◽  
State Apparatus ◽  
The Social ◽  
State Authority ◽  
The Law

1. In the circumstances of the overgrowth signs the scientific-technical revolution the following events in essential way are influencing the activities of public administration : 1° the establishing, under thepressure of the technical progress and specialization, of the big economic units ; 2° the acceleration of the processus of urbanization ; 3° the increasing threat of the biological environment and the appearance of newpossibilities for its protection; and 4° the leveling of differences between the living standards of the population in town and in countryside. In that situation the socialist state has first of all to develop its organizationalfunctions.2. The organizational functions of the socialist state are implemenied above all by the supreme and local representative organs of the state authority and by the subordinated to them organs of the state administration. In the result of this organizational activity the scope of civic rights is extending. The state apparatus therefore is responsible for calling into being and for activities of the public institutions and facilities being used by the citizens at their choice. The regulating role (dirigism) of the state has hence respect more to these public institutions and facilities, and it is addressed more seldom directly to the citizens. That takes place especially in the sphere of the administration of national economy, the organization of technical public services as well as the services rendering administration.3. The social and economic assumptions of the socialist system are putting into effect by the organizational activities of the state apparatus.  One of the fundamental features of this system is to gain the conscioussupport of the overwhelming majority of the society for actions of the socialist state and to consolidate this support. Such support is possible to reach only by the development of the democratic principles of thestate activities. The democratic institutions are established by the law, and the law is one of instruments of the realization of the political tasks of the socialist society being organized into the state. The state apparatus' function is to embody in action the tasks established by the law. And this therefore makes the role of the state apparatus very important as welt as provides to the necessity of permanent improvement of this apparatus.4. The social and economic plans create the substantial basis for the state administration activities. In the both national and local plans, voted by representative organs of the state authority, there are determined theeconomic and social tasks as welt as the aims concerning in advancement of the living standards of the population. In the state enterprises plans are voted by the organs of the workers' self-government. The principles of socialist democracy and democratic centralism are reflected in the procedure of planning.5. The processus of the administration in the contemporary state becomes more and more complicated. This processus demands an improvement of th social nature, but not of the technocratic one. And that improvement, realized in conformity with the social necessities, is safeguarded by the fact that the state machinery in the socialist country is inspired and vivified by the political leadership of the working class' party.

Diplomatic Privileges and Immunities of Agents Invested with Functions of an International Interest

1931 ◽  
Vol 25 (4) ◽  
pp. 694-710 ◽  
Author(s):  
Lawrence Preuss
Keyword(s):  
The State ◽  
Legal Order ◽  
Customary Law ◽  
The Political ◽  
Political Factors ◽  
Historical Factors ◽  
The Pacific ◽  
The Law ◽  
And Control ◽  
The Way

Recent tendencies toward the reduction of diplomatic privileges and immunities have been justified by the decreasing importance of the causes which have contributed to their establishment in their present exaggerated extent. The traditional distrust of diplomatic missions as instruments of espionage and intrigue has all but vanished, and has been supplanted by an appreciation of their functions as agencies for facilitating the pacific intercourse of states. The scrupulousness with which the diplomatic character is now respected and the growing security of the legal order in most states make possible a reduction of diplomatic prerogatives without jeopardizing the successful and independent fulfillment of the mission which it is their purpose to secure. The widest pretensions to exemption from the authority of the receiving state were advanced at precisely those times in which diplomats were in practice subjected to the greatest amount of interference and control. Doctrines of the seventeenth and eighteenth centuries, inspired by a reaction against contemporary conditions, have been incorporated into the customary law, which has lost its raison d'Ure to the extent that the historical factors which influenced its growth are no longer operative. The need of the envoy for independence exists today no less than formerly, but it no longer requires, as a condition of its guarantee, that complete immunity from the law and jurisdiction of the receiving state which has found a figurative expression in the fiction of exterritoriality. As a subject involving few of the political factors which have thus far proved to be insurmountable obstacles in the way of codification, the law of diplomatic privileges and immunities is eminently suited for restatement and amendment in the form of a general convention. Such a restatement, if it is not to be retrogressive, must be based upon the conception that the receiving state has rights, and the sending state duties, which are correlative to the obligations of the state of residence and the rights of the appointing state, alone emphasized in the existing law.

scholarly journals The alternative law of alternative dispute resolution

2005 ◽  
Vol 32 (1) ◽  
pp. 3
Author(s):  
Gordon R. Woodman
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Good Reason ◽  
Legal Pluralism ◽  
The State ◽  
The Social ◽  
Social Fields ◽  
The Law ◽  
Resolution Processes

The perceptions afforded by the study of legal pluralism assist an understanding of the full scope and the social and moral significance of alternative dispute resolution. The latter term includes all modes and forms of dispute resolution within the legal order of the state other than the usual forms of adjudication by the ordinary courts. These modes may be classified in relatively wide and fluid categories as other forms of adjudication, and arbitration, mediation and negotiation. However, alternative dispute resolution also includes instances of all these processes which are not established, adopted, or made effective by the state. The study of legal pluralism throughout the world shows that almost everywhere are many such instances, generated within many semi-autonomous social fields other than the state, and falling into all the listed categories. The study of legal pluralism further suggests that the different dispute settlement processes are likely to be associated with different bodies of legal norms. There is evidence that to some extent alternative state processes employ different bodies of laws. The evidence also shows that non-state processes employ bodies of norms which always differ, and may differ widely from those of state law. While legal centralism denies these norms the name of "laws", there seems no good reason not to classify such rules and principles, which order relations within social fields other than the state, as "customary law", or by some similar term. Alternative dispure resolution processes have been lauded as enhancing the effectiveness of the law, providing wider access to justice or law. However, if the argument presented here is correct, it is not sufficient to represent them as implementing "the law". Rather each implements a different variety of law. The social functions of these different laws of different dispute resolution processes, both state and non-state, vary, and so need investigation in each particular case. Whether any law is to be approved as affecting power relations in the society concerned is similarly a matter for investigation. While it has been suggested that alternative dispute resolution processes can confer on the weak and underprivileged an opportunity to assert their interests, it has been argued against such a view that they may provide opportunities for the already powerful to increase their powers, free of the restraining influence of regular state courts. On the other hand, state processes may at certain historical moments be manipulated by the weak to their advantage. Non-state processes may, also in special circumstances, empower collectively the members of the social fields in which they operate.

Sign in / Sign up

Export Citation Format

Share Document