Abstract
Globalization has affected legal services and converged legal systems, especially in consumer protection in Indonesia and Australia. This process has resulted to a more formal, transparent, and adversarial law and regulations that typically reflect to the common Law system. Then, the incorporation of local wisdom encourages significantly for the receptiveness of this globalization and convergence process both in Indonesia and Australia. This paper will show and analyze the extent to which globalization has affected consumer protection in Indonesia and Australia by dividing the impact from the result of economic liberalization and political fragmentation. It will then show how the incorporation of local wisdom can accelerate the globalization of legal services and convergence of legal systems on consumer protection in Indonesia and Australia.
Highlights
This paper will show and analyze the extent to which globalization has affectedconsumer protection in Indonesia and Australia by dividing the impact from the result of economic liberalization and political fragmentation. It will show how the incorporation of local wisdom canaccelerate the globalization of legal services and convergence of legal systems on consumer protection in Indonesia and Australia
In terms of policy making and policy implementation, the consumer protection law has established several agencies that have fragmented authority. These figures reflect adversarial legalism that has resulted in more complex agencies that were supported by detailed guidelines and procedures in governing consumer protection in Indonesia
It is unmistakable that the globalization of legal services and convergence of legal systems significantly affects the law and regulations concerning consumer protection in Indonesia and Australia
Summary
According to Duncan Kennedy there are three conceptual periods of institutional and legal theory development: classical legal thought, the social, and the current globalization that he described as an unsynthesized coexistence of transformed elements from both first and second thought. According to Keleman, the globalization has spread common law style legal thinking around the world that has been propelled by economic liberalization and political fragmentation. These two factors have resulted in the transformation of modes of governance from informal, opaque, and cooperative to be formal, transparent, and adversarial ones. According to Kagan, this outcome typically reflected the adversarial legalism that consists of three essential elements, namely policy making, policy implementation, and dispute resolution. According to Keleman, the globalization has spread common law style legal thinking around the world that has been propelled by economic liberalization and political fragmentation.. According to Keleman, the globalization has spread common law style legal thinking around the world that has been propelled by economic liberalization and political fragmentation.2 These two factors have resulted in the transformation of modes of governance from informal, opaque, and cooperative to be formal, transparent, and adversarial ones.. This paper will analyze and compare the impact of globalization on consumer protection in Indonesia and Australia by dividing the impact from the result of economic liberalization and political fragmentation.
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