Constructing State Law amid Local Laws: A Shift in the Paradigm of Legal Transformation

Abstract

Objective: Constructing state law amid local laws is a new phenomenon; the challenge is creating a free-problem situation when the two systems meet. It seems impossible for the two to be allies and support each other. When they do meet, their relationship is just a compromise. The research object is a shift in the paradigm of law transformation related to constructing state law amid local law. Method: We employed a juridical normative with different treatments where the law is not the foundation but the theories, concepts, norms, and beliefs of scholars based on the orientation of the analysis objects. Results: Findings confirm that state law (positive law or law) is designed following the legism or positivism paradigm or belief. As such, legal transformation in its embodiment is oriented towards legal unity (positive law-state law). Hence, norms or values that do not originate from authorized lawmakers are undesirable to achieve a single uniform model (one legal model for all). In turn, the attempt to privilege the ideal law as the only law that is appropriate and valid and which is believed to be able to be the answer to every problem has yet to be fulfilled. Undoubtedly, state law, declared exclusive, is not only not objective, but becomes weak. The result is the rejection of community values as a strengthening substance, failing to meet expectations. Finally, the people consider state law a disturbance to the peace of life and a form of injustice and burden. Its presence does not create unity and collaboration that strengthens and supports one another but raises enmity. Conclusion: The construction of state law amid local law always refers to legal positivism, which positions the singleness of law in a positive (formal) form of law. State law is seen as the only law recognized as valid because it originates from the state, while another law is not recognized. With this standard trend (perspective), a paradigm shift in the construction of state law occurs so that when legal transformation or legal change occurs, society experiences a shock of new values