Abstract

The new paradigm in legal pluralism is closely related to the phenomenon of globalization. Laws of various levels move into limitless territories. There is a strong contact and adoption between international, transnational, national and local laws. Such circumstances make it impossible for mapping that a certain law (international, national, local) is separated from other law systems. This is a normative legal research with a comparative law approach. Law as a global phenomenon has the common values throughout the world, namely ethical moral values, social values and formal values of the state. The same values apply to the consumer protection law in Indonesia. Law Number 8 of 1999 on Consumer Protection (UUPK) in Indonesia was developed on the basis of legal pluralism. The data were analyzed using a Triangular Concept of Legal Pluralism developed by Werner Menski. In conclusion, UUPK is a form of legal pluralism. It is enacted based on the community needs, legitimized by the state and based on values and ethics.

Highlights

  • Legal pluralism is not a new phenomenon in Indonesia

  • Triangular concept of legal pluralism theory by Menski tested to get a new concept related to the problems to be answered in this research

  • The consumer protection movement in Indonesia is becoming popular from the similar movement in the United States

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Summary

Introduction

Legal pluralism is not a new phenomenon in Indonesia. Customary law used to be the original Indonesia’s legal system. Examining the Indonesia’s legal system cannot be done by determining to which cluster the legal system is oriented, either to a civil law system or to a common law system. This is the evidence that the pluralism of the legal system has existed in Indonesia since a long time ago. The continuous adoption of a legal codification as a civil law system shows that Indonesia adopts a legal pluralism.[1]. The legal pluralists of the 1970s proposed the concept of legal pluralism, somewhat varied, as the existence of more than one legal system within the same social field. The theory of triangular concept of legal pluralism uses all the three approaches.[5]

Research Method
Literature Review
Results and Discussion
Conclusions
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