Development Of Law In Indonesia Research Articles

Peranan Pengadilan Tata Usaha Negara Dalam Penyelesaian Sengketa Merek

As time goes by and the development of law in Indonesia, the trademark has become a symbol that has been integrated in the life of society. Given the importance of a brand, the brand must get a protection from each country. Protection of a trademark in Indonesia is regulated in Act No. 20 Year 2016 on Trademarks and Geographical Indications, one of the materials regulated in the Act is about the settlement of trademark disputes. The settlement of trademark disputes is resolved by two judicial bodies, namely the Commercial Court and the State Administrative Court. This research uses a normative juridical approach method with descriptive analytical analysis of legal materials. The results of this study found that the authority of the State Administrative Court (PTUN) is to examine, decide and resolve State Administrative disputes (TUN) in a dispute arising in the field of State Administrative law (TUN) between persons or civil law entities (members of the public) with agencies or TUN officials (government) within the scope of the central government also includes local government as a result of the issuance of a TUN decision (beschikking). State Administrative Court has a very important role in resolving trademark disputes on the basis of registered trademark owners object to the decision to remove the registered trademark on the initiative of the Minister.

DISKURUS KOMPILASI HUKUM ISLAM (KHI) DALAM SISTEM HUKUM INDONESIA

<p>Abstract: Compilation of Islamic Law (KHI) is a product of Indonesian Islamic law. The inevitability of legal changes and developments is something that cannot be denied. The originality of the contents of the Compilation of Islamic Law (KHI) reflects the legal dynamics that live and develop in the midst of Indonesian Islamic society. The contribution that has been played in the legal context system in Indonesia has had a significant impact on the development of law in Indonesia.</p><p>Kata kunci: Kompilasi Hukum Islam (KHI), Sistem Hukum</p>

Progressive Legal Approach to Modern Community Law Enforcement in Indonesia

Law is the rule of norms and sanctions made to regulate human behavior, maintain order and justice, and prevent chaos. Law functions to guarantee the existence of legal law in society. Influence does not mean identical. The Indonesian legal system is not the same as the Anglo-American. Law in Indonesia refers to the development of law in Indonesia. The Indonesian legal system is a system itself. A system built from the process of discovery, development, adaptation and even compromise of several existing systems or it can be said the Pancasila legal system. Usually, laws change due to changing elements in life. However, this does not mean that the law is always in a dependent position. Social changes caused by technological developments lead to modern life because modernization has penetrated traditional rural communities due to these technological advances. Law enforcement in Indonesia through social analysis and progressive law is categorized as a new paradigm in law enforcement in Indonesia that is relevant to progressive law as the fulfillment of justice. This study uses library research methods and data management techniques. However, because the scope of this research is only in legal disciplines, this research was conducted by examining literature, laws and other written materials or known as normative legal research which is descriptive in nature and researched with legal socio-legal. The research results show that the assumption used is to make the law a social phenomenon. Social analysis is needed to examine various law enforcement problems because the law is part of social phenomena. The use of progressive law is a legal thought introduced and developed by Satjipto Rahardjo by viewing law as a social phenomenon.

Money Laundering Crime in The Perspective of Islamic Law in The System of Proof

This paper initiates the study of Islamic law, related to the reverse proof system contained in Articles 77 and 78 contained in law No. 8 of 2010. In Article 77, it is known that in court there is an examination with an interest in proving the absence of criminal acts related to the ownership of assets. In addition, from Article 78, it is known that the submission of sufficient evidence related to the possession of assets is an obligation for the defendant when the examination contained in Article 77 is carried out. Islamic law in the study of the burden of scientific proof needs to get a big position, because it is believed that Islamic law has a part of the scope that covers everything. In this study the authors used qualitative methods to respond to the concept of fiqh life in Indonesia. The purpose of this study is related to the burden of proof reversed using the opinions of Islamic law, usul fiqh and legislation. From the results of the study, the evidence to the contrary does not apply to all criminal cases, but only to special cases such as money laundering. Money laundering in Indonesia can be in the form of enrichment by illegal means. Islamic law in the development of law in Indonesia also minimizes the crime of criminal origin that develops and continues in money crimes from the influence of controlling illicit money that feels like halal money and also includes sanctions against perpetrators of crimes punished by Islam into national law.

DEVELOPMENT OF LAW IN THE PERSPECTIVE OF SOCIAL ORDER THROUGH PREEMTIF AND PREVENTIVE POLICY BASED ON LAW NO. 2 OF 2002 CONCERNING THE POLICE OF THE REPUBLIC OF INDONESIA

The development of law in Indonesia is marked by the development of society in social order which affects the legal system regarding awareness in applying the law through preemptive and preventive policies based on Law no. 2 of 2002 concerning the Indonesian National Police . That law enforcement is the duty and function of the Police that must be carried out in the Police. The meaning in the legal system consists of the formation of the rule of law, law enforcement by law enforcement officials, and legal awareness of the community in compliance and obedience as a legal community in maintaining social order. The research method used is normative juridical by analyzing the rule of law through the formation of law in Indonesia based on Law no. 15 of 2019 concerning Amendments to Law No. 12 of 2011 concerning the Establishment of Legislation; and Law no. 2 of 2002 concerning the Indonesian National Police .

Development Legal Theory and Progressive Legal Theory: A Review, In Indonesia’s Contemporary Legal Reform

The development legal theory and progressive legal theory are legal theories that are widely known in Indonesia. Both of them have inspired many legal experts and legal actors in Indonesia. The slow pace of legal reform in Indonesia, especially in eradicating corruption, is a big challenge that this nation must face. Therefore, the contribution of various parties is needed to answer the challenge. This article attempts to review the development legal theory and progressive legal theory in the context of legal reform in Indonesia. The study finds that both theories are very relevant to the current development of law in Indonesia. From the perspective of development legal theory, legal reform must be carried out by formulating laws that can encourage community transformation. On the other hand, the progressive legal theory emphasizes reforms in legal institutions and individual law enforcers. The law must be carried out by actors who have integrity and dare to take methods of a legal settlement that are out of the ordinary while remaining oriented and committed to the values ​​of justice and humanity.

HUBUNGAN MAZHAB (ALIRAN) HUKUM POSITIVISME DENGAN PERKEMBANGANG HUKUM DI INDONESIA

Schools of legal positivism has been associated with the development of law in Indonesia, namely the creation of the sort order for the legislation set out in the Decree of the People's Consultative Assembly (MPR) as well as regulated in Law No. 10 of 2004 which refers to the Stufenbau Theory. Besides, the schools also lead to the formation of the Constitutional Court as an institution that serves as the guardian of the constitution.

Implementation of Transcendental-Based Juvenile Criminal Sanctions

The development of law in Indonesia is carried out based on the noble values contained in the precepts of Pancasila. These noble values are actually an inseparable part of transcendental values. Transcendental thought is an alternative to answer the failure of the positivistic view in solving legal problems in society. Regarding the implementation of juvenile criminal sanctions which commit criminal acts as regulated by Law number 11 of 2012 concerning the Juvenile Criminal Justice System, it turns out that in its regulation it has implemented transcendental values by placing child as noble creatures created by God who must always be guided and protected even though they have been or have committed a mistake or crime. Regulations on diversion, restorative justice, strengthening the role of the correctional center and the types of crimes that are humane are evidence that the implementation of juvenile criminal sanctions in Indonesia has contained transcendental values. Keywords: Implementation of Sanctions, Transcendental, Juvenile Crime

Debating Sharī‘a in Contemporary Indonesia

The transformation of Sharia into a legal code in different Muslim countries is not an easy process. Let alone in Indonesia, this transformation has included dialogues, conflicts and tensions between multiple groups. In the last two decades, along with the growing up of democratic life, this tension has given rise to the emergence of so-called ‘progressive’ and ‘conservative’ movements. Debates among them continue to rage even more intensely. On the other hand, as this article has argued, the development of Islamic family law in Indonesia has demonstrated the increase in the use of modern approaches to Islamic jurisprudence. Nevertheless, the State authority seems to have a decisive power to intervene the content and to determine the result of the debate. Accordingly, I would like to value all these political and legal processes as an inseparable part of the larger process of a public sphere in the Indonesian reformasi era.

Islamic Law and Imperialism: Tracing on The Development of Islamic Law In Indonesia and Malaysia

This study has demonstrated that the Dutch and British occupation in Indonesia and Malaysia, proves Edward Said’s assessment of imperialism a vehicle for cultural hegemony. In terms of the law, the Dutch influence on the development of legal system in Indonesia cannot be denied. Likewise, British imperialism also impacted the legal systems of Malaysia in a profound sense. Dutch colonialism, which lasted for approximately 350 years in Indonesia, left its mark on the region by introducing Roman law to the Islamic Judiciary, as did the 160 years of British colonialism in Malaysia, witnessed in the forced application of Common law. From political perspective, the changes wrought to the legal system and to Indonesian Islam are the consequence of Dutch political policies which claimed to be “modernizing” Indonesia. The pervasive influence and legacy of Dutch rule on the Indonesian legal system is the practice of codification. Many developments overtaking Indonesian. Islamic law is a manifestation of this practice. Efforts to unify and create uniformity with respect to the source of law, have resulted in the enactment the law of Marriage no. 1/1974, the law of the Religious Judiciary no. 7/1989, and Kompilasi Hukum Islam di Indonesia (Compilation of Islamic Law in Indonesia) among others. However, it is naive to view such recent developments as mere products of the influence of Dutch rule. Sociologically, developments in other realms such as education, economy, social and political structures should also be taken into account when considering the development of Islamic law.

Peranan Metodologi Penelitian Hukum di Dalam Perkembangan Ilmu Hukum di Indonesia

Research as a scientific activity is part of the process of developing science and human intelligence. Legal science as a branch of science is bound to the paradigm that occurs in science in general. The paradigm of jurisprudence shows its own peculiarity, in its development showing an unbroken, paradigmatic development but sustainable. It is necessary to realize that the science of law is a very complex science, ranging from philosophical studies, the development of both theoretical and practical scholarship, to the concrete form of eksistesinya which is not dedicated to the community. One way to find out the development of legal research methodology is to trace the thinking path of legal research methodology can be divided into two fundamental things: Jurisprudential Model and Sociological Model. Through legal research will be useful in the development of law in Indonesia, to see the research topic it will be easy to determine the background of problems, problem formulation, problem objectives, research authenticity, research benefits, legal theories to be used, conceptual framework, research methodology, systemetics of writing, and literature review of the research.

Towards the Future Generation Rights in Indonesian Law to Make Justice in the Inter Generation in the Environmental Sector

Efforts on environmental protection in Indonesia are very advanced and progressive, this can be seen from the development of Indonesia democracy which based on ecological (ecocracy) which has given legal rights to the nature/environment in the form of constitutional rights and human rights from nature/environment. The recognition is a form of balancing of the provision of human rights given which guarantees on a good and healthy environment. The ecocracy implementation is embodied in the development policy in Indonesia based on the principle of sustainable development, which is “development that meets the needs of the present without compromising the ability of future generations to meet their own needs”. This policy has triggered the notion that if nature and the present generation have the legal right to a good and healthy environment then future generations can also have the same legal rights. It has not been existed in Indonesian law. The effort to go there is not utopian because Indonesian civil law has recognized the rights of future generations through Article 2 of the KUHPer, as well as by the values ​​of adat law have recognized the existence of natural rights, as well as by Islamic values ​​(as the largest religion) has provided the basis that the creation of the universe is reserved for human welfare (assigned to be the caliphate), the embodiment of the future generations can be seen from the blowing of the spirits to humans by God. The law is not in a hollow space, so the development of law in Indonesia should not be uprooted from its social base in order not to lose its meaning and power in society, future generation rights is not something new for Indonesian society, therefore the development of environmental law needs to drive to make it exist for environmental protection.

Pancasila sebagai Dasar Pembangunan Hukum Di Indonesia

<p><em>This paper aims to examine the urgency of Pancasila in the National Law Development</em><em> </em><em>Therefore, why Pancasila should be guided in every formation of law in Indonesia</em><em>. </em><em>How does the philosophical foundation of Pancasila use as a guide in the development of national law and what its juridical basis.</em><em></em></p><p><em>Pancasila is the ideology of the Indonesian nation, is a crystallization of the noble values of the Indonesian nation derived from religious values and customary values, believed to be true, and became the basis and guidance of the behavior of the Indonesian nation in the life, nation and state. Based on that, Pancasila becomes the philosophical foundation of the development of national law because the law can be enforced and effective if the law is based on religious values, customs values and state law. In addition, the foundation of the Pancasila state is the source of all sources of law in Indonesia so that it becomes the necessity of Pancasila as the philosophical foundation in the development of law in Indonesia.</em><em></em></p><p><em>the legal basis for the use of Pancasila as the foundation / guideline in the development of national law is included in Law Number 10 of 2004 on the Establishment of Legislation which is later enhanced by Law Number 12 Year 2011 on the Establishment of Laws and Regulations. In Article 2 of Law Number 12 of 2011 explicitly stated that Pancasila is the source of all sources of law. </em><em>t</em><em>he contents of Article 2 implies that in the formation of any legislation should not conflict with the values contained in the principles of Pancasila</em><em></em></p>

Gagasan Reaktualisasi Teori Pidana Islam dan Relevansinya bagi Pembangunan Hukum di Indonesia

This paper describes the reform efforts of Islamic Criminal Law theory which initiated by Moslems theorists. Throughout this renewal, the author sees the potential to be the development of the development of Islamic Criminal Law in Indonesia. As far as we know that the transformation of Islamic Criminal Law (fiqh jinayah) into the National Law as still results in theories and epistemological debate in transformation effort. This paper is elaborate research with a juridical-normative approach. The analysis methods used is the general methodical elements such as interpretation and deductive-inductive also personal reflection. This paper concludes: through out the renewal of the theory in the fiqh, jinayah can be developed the theory of contemporary punishment by reactualization Islamic penalization theory. Then Islamic Criminal Law will be more down to be applied in Indonesia

Analysis of The Legal Thought of Postmodern Era of The Development Legal Theory By Mochtar Kusumaatmadja and Progressive Legal Theory By Satjipto Rahardjo For Legal Development of Indonesia In The Perspective of ontological, Epistemological And Axiological

Formulating law derived from the value of the entire people of Indonesia is related to the law which is responsive, which is able to accommodate the desire of all the people of Indonesia. Development of national legal system is implemented on three elements i.e. the substance, structure and legal culture. Development of law against the order of the three elements can be done by means of law renewal. Renewal of the law can be improve what already exists or create something new. The second alternative ways, making something new is something to change the old thinking. Distrust on the reliability will realize new thing. This thought is the core of postmodern ideology thought. Postmodern ideology has been influential in the formation of positive law in Indonesia. Legal theories produced by Indonesian thinkers are required for the development of national laws in accordance with the condition and the situation of Indonesian society by using the reference frame the view Indonesian nation based on the kinship system. Thought of postmodern legal theory derived from the Indonesian nation i.e. the development legal theory by Mochtar Kusumaatmadja and progressive legal theory by Satjipto Rahardjo. Based on this perspective needs to be analyzed in the perspective of ontological, epistemological and axiological both the legal theory that can be applied in the development of law in Indonesia.

Sharia Business and The Challenge of Dispute Settlement in Indonesian Religious Court

Sharia economy is not new in the world of Islam. Development of sharia economic law in Indonesia begins with the emergence of islamic banking. The development of national and international economy that always moves quickly along with more wider challenges, should always be followed in responsively by national banking in carrying its functions and responsibilities out to the community. According to the sharia banking law in order to be categorized in the scope of islamic economics, it is determined by the fatwa of the Indonesian Ulama Council. This is due to the MUI as an institution that has the authority in the field of religion and related to the interest of Indonesian muslims. One thing that is interesting from the proliferation of business activities with Sharia principles is about its pattern of settlement of disputes is related with Religion Court jurisdiction. Religion Court is an institution that has authority to examine dispute settlement of sharia economy case in Indonesia. However, the law of civil procedure used in the Religious Court is still referring to procedureal law in the general court which is much criticized, because its complicated procedures and take a long time so it’s been very expensive. Based on the analysis, the development of sharia economic system is basically the demands of the business world, which has the fast-moving character, however, development of sharia economy of which is not accompanied with its own substance of law, especially the procedural law that works to resolve disputes, so that, on its turn, it will lead to the obstacle for the sharia economic development itself, in which the condition is contrary to the principle of simple justice, quick and low cost as stipulated in the provisions of Article 2 (4) of Law No. 48 Year 2009 on Judicial .

MODEL PEMBERDAYAAN HUKUM LINGKUNGAN RELIGIUS – KOSMIK SEBAGAI UPAYA PELESTARIAN FUNGSI LINGKUNGAN HIDUP


 This paper is derived from the results of research that seeks to elevate the values of Sundanese cultural wisdom in environment conservation efforts by building a model of environmental law with religious empowerment-based cosmic Watershed (DAS) based on the conception of Sundanese culture. This model emphasizes deemed necessary because the relationship between justice and ecological balance and social justice, equality and better accommodate a balance between social welfare and environmental harmony.It is also illustrated how human interaction with the environment with the objective picture of rural communities in implementing value if Ciomas ancestral cultural values in environment conservation efforts and how to implement the values of the Sundanese cultural wisdom in the formulation development of environmental law in Indonesia to be more characteristic of Indonesia.
 Keywords: Environmental; Sundanese Culture; Cosmic Religious.

FUNGSI FILSAFAT, AGAMA, IDEOLOGI DAN HUKUM DALAM PERKEMBANGAN POLITIK DI INDONESIA

In democratic system in Indonesia, the growth of political parties shows that the democratic system has developed. The development of the democratic system has the objective to incernate the ideals of Indonesia as set forth in paragraph 4 of the Preamble of the Indonesian Constitution 1945. The political role in the development of national law in Indonesia cannot be separated from the context of history, religion, and ideology. The development of political shows the diversity of views. The views between the political parties in determining the political direction is based on the ideas and ideologies that have grown in it. The process of legal formation in the birth of positive law (in abstracto) is always influenced by certain political configurations that interact in the process. The ideas in this ideology would also have been based on the theory of truth which has been adopted from each party. Differences in the ideological views of political parties also gives effect to the development of legislation character and policy direction of the Government in determining the laws that determine the development of the legal system in Indonesia.

Integrasi Pengujian Peraturan Perundang-Undangan di Mahkamah Konstitusi sebagai Upaya Pembangunan Hukum Indonesia

The first and foremost problem in this study is testing the urgency of the legislation that is integrated in the Constitutional Court. Secondly, it deals with the relevance of the integration testing of the legislation to the development of law in Indonesia. This is a juridical normative research whose legal materials were analyzed descriptively and qualitatively. The study reveals that first, the idea of unification of judicial review of legislation in the Constitutional Court is very essential to do, in order to harmonize the legislation, to maximize the protection of constitutional rights of citizens, and to realize the supremacy of the constitution. Second, the unification of legislation testing can fix elements of the legal system that is particularly an instrument or substance of the law, which highly affect law-making and institutional capacity building, namely the Supreme Court, the Constitutional Court and the executive in Indonesia.