Development Of National Law Research Articles

Integration Tax Law and the New World Order

The paper is devoted to the study of the main factors of development of integration tax law in the new world order. The author analyzes the peculiarities of the legal mechanism of the EU tax policy, the OECD soft law acts and their impact on the legal regulation of cross-border activities of international companies. According to the results of the study, the author concludes that the new world order, the main feature of which is still the process of globalization of economic and political relations, in the last few years is characterized by an increase in the opposite trend called “new” State sovereignty. This phenomenon is expressed in the policy of economic restrictions (sanctions) against individual states (USA, EU—Russia); in strengthening the policy of protectionism (USA—China); in politics isolationism as a consequence of the world economic crisis caused by the pandemic; in the special position of some EU member States (e.g. Hungary) concerning separate issues of migration and economic policy, etc. Strengthening the “new” state sovereignty entails the improvement of the political and legal mechanism of harmonizing the positions of States for making compromise decisions. This, in turn, means expanding the application of “soft law” rules and strengthening the role of international organizations as their primary source in the regulation of international relations and development of national law in accordance with international standards.

Criminal Politics (Enforcement) of Criminal Law Based on Pancasila Equity

Indonesian state based on Pancasila, any rule of law (criminal) and their enforcement should always contains/is inspired by the values of Pancasila. The policy of enforcing criminal law means upholding justice, and the justice for the Indonesian people is equity based on Pancasila. The direction and policies for the development of national law (criminal law) in realizing the ideals of legal development based on justice should always be based on religious values, customs and socio-cultural values of Indonesian society which crystallized in the Pancasila philosophy. Therefore, the essence of criminal law policy is that efforts to achieve social welfare should always be inspired by and based on the basic values of the Pancasila philosophy as Grundnorm / Staatsfundamentalnorm (fundamental norms of the state) of the Indonesian nation. Pancasila is the values, principles, soul and spirit of the Indonesian people. Pancasila is the basic norm (grundnorm), and at the same time the basic values (grundwerten), which are the spirit of Indonesian law. Law is always rooted in "a peculiar form of social life", therefore a legal system is a uniqueness, an institution rooted in the cosmology, values and traditions of the nation concerned.

The Existence of Academic Document on Development of Legal Drafting

This research purpose to comprehending Indonesia as a legal state, the state is obliged to carry out the development of national law committed in a planned, cohesiveness terpadu, and sustainable in the national legal system that ensures protection of the rights and obligations of all the people in Indonesia based on constitution 1945. Indonesian legal state has characteristic because Pancasila as a basic of law which has differential with the other country that based on west law, such as deliberation, social justice and a law which based on national interest and Indonesian unitary Indonesia which protect the Indonesian homeland. This research is a normative legal research that uses methods of analysis perspective. Most of the data obtained through the library research which done by examining library materials such as books, journals, research report and sekunder data which study about legal drafting. This research show that, firstly, politic of law as a legal frame work and role to create isu contituendum. President before amendment of constitution 1945 has authority to establish laws, and The House of Representatif (DPR) has authority to give enactment of draft. After amendment constitution 1945 there are shift of power that the legislator’s authority in the hands of the House. Second, the existence of an academic document in each drafting legislation to provide an overview of the results of scientific research that underlie design of any proposed legislation that will be presented and discussed in the House.

IDIOSINKRETIVITY OF ADATRECHT ON THE FORMAT DEMOCRACY IN INDONESIA

The relationship between customary law and national law in the context of developing national law is a functional relationship, meaning that customary law is the main source in obtaining materials needed for the development of national law. Customary law that is needed in the era of globalization or modern times is customary law that is adapted to the conditions and developments of the times, so that customary law shows a dynamic nature so that it can easily develop according to the times because it has universal values and legal institutions. Which is in the form of a modern statement. With this adjustment, it is possible that the purity of the application of the rules of customary law to become national law will experience a shift, as long as it is to enrich and develop national law, as long as it does not conflict with Pancasila and the 1945 Constitution.Keywords: Customary Law; National Law Development; Globalization.

National Law Development through Constitutional Awareness

Development of National Law in the Republic of Indonesia, in the post-reform era, experienced a pretty great struggle, due to the lack of strength and lack of comprehensiveness of the government's efforts to fight for smooth reform, characterized by various improper behaviors, which were not based on values contained in the precepts of the Pancasila. Based on this concern, an effort is needed to better understand the values that exist in the precepts of the Pancasila. These values actually exist in the life of Indonesian people which are divided into various ethnic cultures. The aim is to find out the various events that occur due to a lack of understanding of multiculturalism which causes justification for wrong behavior. Therefore, this multiculturalism understanding is positioned as a grand strategy in the realization of Pancasila, so that cultural understanding and interaction will support national law development. The research method uses a qualitative, descriptive analysis approach, which is carried out methodologically, sociologically, and historically. Data collection uses primary study in the form of literature and secondary studies in the form of various philosophers of state administration. Approaches from various aspects, such as philosophical aspects (philosophy approach), legislation (statute approach). Conclusions and implications of problems that occur in multicultural understanding and constitutional awareness.

Is National Government a Threat to Devolved System of Governance in Kenya?

This paper addresses the ways through which the national government of Kenya has proved to be a threat to devolution. Challenges emanating from national government actions are hampering the implementation of devolution. Devolution was intended to bring services closer to the people and promote public participation in decision-making. Transfer of functions from the national government to county governments and resource allocation to counties as provided for in the constitution 2010 is core to the implementation of devolution. Public participation permitted communities to manage their own affairs and further their development agenda. The minority and marginalized communities are recognized and protected through a devolved system of government as provided for in Article 174 of the constitution. The issue of inequality which was strongly practiced by the centralized system of governanceshouldbe addressed through devolution. There has been the development of national laws and policies other than devolution laws that were developed on the onset of the devolved system of governance. These laws affected the implementation of devolution. Budget Policy Statement according to the National Treasury (2013) is to accelerate economic growth by sustaining macroeconomic stability; focusing on economic policies and structural reforms; and deepening investment in critical economic infrastructure. The BPS is published under Section 25 of the Public Finance Management Act. However, the national budget policy statement is framed in a manner they encroach county functions mandates. Judiciary has the important role of giving effect to the constitutional provisions on devolution; however, the independence of the judiciary is threatened by political quarters affecting its function in the implementation of devolution. Commissions and independent offices whose collective responsibility to facilitate the achievement of devolution is impaired due to underfunding. Poor intergovernmental consultations are affecting devolution in the sense that plans to undertake Nairobi City County functions without due process and intergovernmental agreements are infringing on the Intergovernmental Relations Act, 2012. Above these challenges, the national government has enacted laws to reduce the power of independent institutions, direct intimidation, and incapacitation through budgetary cuts. DOI: 10.7176/PPAR/10-7-05 Publication date: July 31 st 2020

Fragmentation or Coherence? Does International Dispute Settlement Achieve Comprehensive Justice?

The debate about whether international law is fragmented or coherent is no arid discussion. If fragmentation is in the ascendancy, many commentators argue that something needs to be done. It is, of course, vital for the success of any legal system to achieve some level of predictability and certainty and to consistently deliver comprehensive justice. A legal system must, first and foremost, be a justice system, if there is any point to its existence. If it is not, then there may be another debate about whether it may be called a ‘legal’ system or a ‘justice’ system at all. I will review the debate between various leading commentators and analyse their proposals. My review of a number of different aspects and areas of international law shows that although fragmentation is apparent, the level of coherence in international law is far more surprising than fragmentation, which is inevitable, just as it is in the development of national law in, say, a federal polity. Just when international law seems to be fragmented somewhere, coherence is being achieved elsewhere. The result may be characterised as a kind of ‘equilibrium’ in which antagonistic and cohesive forces in international law keep one another in check, somehow balancing the other out. International law is capable of delivering comprehensive justice even if, at times, it may seem unlikely or elusive.

Development of Sharia Banking and Its Contributions for the Development of National Banking

The development and growth of shari'a banks after more than two decades in Indonesia is very spectacular, so that spurred the level of economic growth, but if it is related to the substance of the objectives of sharia bank establishment is the alleviation of poverty and unemployment, it will even increase. Based on data from research studies examining, the contribution of Islamic banking to the development of national law, namely by the existence of people who behave economically in sharia and business behavior of Muslim entrepreneurs are included in the targets of the Islamic economic movement in Indonesia. Even though it looks rather slow, the non-financial side of this economic activity is also growing.

Indonesian Cyber Law Formulation in The Development Of National Laws In 4.0 Era

The digital age has made the loss of boundaries for interaction and communication which then creates a new world of cyberspace. The cyberspace entity on the one hand provides advantages and on the other hand also causes losses if there is no protection in the cyberspace. Protection of cyberspace in Indonesia is still far from good and tends to be bad. Even President Susilo Bambang Yudhoyono has been a victim of the weak protection of the cyberspace. These weaknesses are the implications of the existence of norms that are legal norms which are the basis of the implementation of cyberspace protection in Indonesia. In this paper ,we will discuss about the problems of cyberspace in Indonesia and how legal norms should be present as a means of social control and engineering. Especially the cyberspace in order to realize order and security in the cyberspace. The method used in this study is the normative juridical method with the legislation approach and case approach.

The Function of Legal Research in Formulation of Legislation

The formation of legislation is a condition in the framework of national law development which can only be realized if supported by good methods, which are binding on all institutions authorized to make regulations. Indonesia is a state of law that should implement good national legal development, which is carried out in a planned, integrated and sustainable manner in the national legal system. Law No. 12 of 2011 states that research is an important element in the formation of the legislation process. Because it is impossible if a draft legislation is formed before the existence of a legal investigation. This research discussed about the role of legal research in the formation of legislation, as well as what are the benefits of legal research itself. The conclusion is the formation of laws and regulations cannot occur if there is no legal research, because legal research is an internal problem solver in the process of establishing legislation. This legal research itself plays an active role in obtaining valid, correct, rational, and logical data. In addition, legal research is also useful for obtaining raw materials from all aspects, both juridical, socio-psychological, and philosophical that are accurate and complete.

Specialized Economic, Financial and Administrative Courts of Kazakhstan: History, Current Status, Development Prospects

The paper is devoted to the study of the past, present and future of specialized courts of the Republic of Kazakhstan, namely economic, financial and administrative courts. The relevance of the research topic is caused by the ongoing judicial and legal reforms in the Republic of Kazakhstan, one of the vectors of development of which is the specialization of courts. The chosen topic is relevant in the context of globalization and activation of measures to improve the competitiveness of Kazakhstan.The theoretical and practical significance of the research topic is that the current state of the judicial system of the Republic of Kazakhstan is assessed and its further development trends are predicted based on the disclosure of the reasons for the formation of specialized courts. Taking into account the achievements and defeats, ease and complexity, traditional continuity and international implementation in judicial construction, it is possible to take effective measures aimed at the development of the judicial system. The author describes the own path of the development of Kazakhstan’s statehood that stretched for three decades, which was led by the father of the people, the leader of the nation, the first President of the Republic of Kazakhstan — N.A. Nazarbayev. It is very difficult to rethink the merit or overestimate the contribution of the first President of Kazakhstan to the formation of Kazakhstan’s statehood and the development of national law, as well as to the unification of Kazakhs. The author shows the socially significant role of the judicial branch of government, which is manifested not only in the protection of human and civil rights and freedoms, the legitimate interests of legal entities, but also in the socio-economic modernization of Kazakhstan. Based on the analysis of the history of the emergence, current state and prospects for the development of specialized courts of the Republic of Kazakhstan, conclusions are made that confirm their relevance and justification.The methodological basis of the research is the historical and legal method of cognition of objective reality. The theoretical basis of the research was the works of famous Kazakh scientists. The normative basis of the research was the first decrees of the President of Kazakhstan, constitutional, statutory and legislative acts of Kazakhstan, as well as strategic, conceptual and program documents on development of Kazakhstan. The empirical basis of the study is regional statistical data on the work of specialized economic courts in the context of the cities of Nur-Sultan and Almaty for 2016-2018. The author studies the data on the sociological survey on the Republic among the persons who participated in the trials of specialized economic court. Analytical reports and reviews of informational nature on the activities of courts, including the state of administration of justice by specialized courts of the Republic of Kazakhstan for 2011-2018 are considered. For an objective assessment of the current state of the current regulatory framework of the Republic of Kazakhstan, the author uses world statistics.

Law Enforcement Problems and Impacts of the Law Development in Indonesia

One of the crucial law issues in Indonesia is law enforcement. Law enforcement has received much attention, not only domestically, but internationally. Problematic law enforcement will have an impact on law development. The purpose of this study is to describe law enforcement in Indonesia, the factors that influence law enforcement in Indonesia, and the impact of law enforcement on national law development. This research uses a normative approach. The results showed that law enforcement is one element of the operation of the law. Without law enforcement, the purpose and function of law will not be fulfilled. If law enforcement has a problem, the purpose and function of the law will not be achieved. Law enforcement is strongly influenced by the mentality and morality of law enforcement. Culture of law-abiding society also affects law enforcement. The problem of law enforcement has an impact on the development of national law. Public pessimism about law enforcement has led to a loss of trust in the law.

Analysis of Implementation of E-Legislation Based on Public Participation at the National Law Development Agency

Previous studies of e-rulemaking that have not touched the theme of e-rulemaking in Indonesia or e-legislation, findings of the observations of the BPHN's website are technical constraints and low public comment statistics, the urgency of the needs of the Indonesian Government in improving democracy and the quality of policies, as well as the legal vacuum regarding the provision of the implementation of e-legislation since 2014 until now, hence the review of this paper will be focused on the preparation of a research framework to address the quality of implementation of public participation with e-legislation. The qualitative research method used is literature review and observation on the BPHN’s website with a study period of October 2016-January 2019. The results of the literature review show, conceptually, quality of the e-rulemaking cannot only be seen from a large number of participants, but rather to the quality of comments that has a substantial depth to get the quality of policy and compliance in its implementation. The dimension of public administration is used to photograph the stages: (i) system input; (ii) system process, including processing and managing data and information; and (iii) the quality of public comments and the policy of draft output.

Consultation Urgency And Counseling As Islamic Legal Strategy In Legal Positivisation In Indonesia

<p>Islamic law in the context of fiqh positivization needs certain strategies. consultation and counseling can be a strategy in islamic law positivisation. various strategies and explanations provide a special pattern in islamic legal thinking in indonesia. this writing discusses consultation and counseling as an islamic legal strategy leading to legal positivity in indonesia. with an elaborative approach between normative law and empirical law this writing concludes that islamic law is one part of the raw materials of national law that can be managed pluralistically with other laws that grow in indonesia. the plurality of indonesian law which is an empirical constitution can bring with islamic law through professional consultation and consequences. The practical strategy is uniting perceptions which are the substance of islamic teachings related to the meaning of sharia and fiqh in the values of universality of humanity such as the substance of justice, honesty, equality of balance and liking. with the strategy such islamic law can be a solution for national law at the secondary of islamic laws can move to color the development of national law into positive law.</p>

Konsep Negara Hukum dalam Perspektif Hukum Islam

<p><em>The concept of state in Islam only regulates principles or principles, among others, about leaders who must be honest, trustworthy, fair, transparent, and protect human rights (fitrah). Islam teaches and gives guidance in the life of the state. This means that the State must be built as a home to uphold justice in accordance with the rights that are basically owned by every citizen. The success of the Prophet Muhammad. Building a Muslim community in Medina by some Muslim intellectuals is called the City State. The problem in this research is how the concept of the rule of law in the perspective of Islamic law. The method used in this research is descriptive research, descriptive research is intended to provide data as thorough as possible about an effort, symptoms, events and events that occur at the moment, and is deductive based on general theories applied to explain about a set of data, the relationship of a set of data with another set of data. In this study the method used is a normative juridical approach. The activities carried out are the inventory of legal materials, identification of legal materials, classification of legal materials, systematization of legal materials, and interpretation and construction of legal materials. Based on the results of the study shows the concept of the State of Islamic Law Perspective with various scopes between the idea of state, Religion, State and law according to </em><em>Al-Quran</em> <em>and Hadith as well as the contribution of Islamic Law to the development of National Law. </em></p>

Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and the question of approximation of Ukrainian legislation to its provisions

The article explores the provisions of the Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and the question of the adaptation of Ukrainian legislation to its provisions. It highlights importance of the Directive provisions for the development of national law on fair compensation to authors and performers for the use of works and performances.

Kepastian Hukum Eksekusi Dan Pembatalan Putusan Arbitrase Syariah Dalam Perspektif Politik Hukum

This study examines two main problems which are, firstly, to describe the juridical construction of granting the authority to execute and to annul an sharia arbitration award in the perspective of legal policy. Secondly, to provide the better alternatives for the development of national law in the future. This is a normative legal research, which studies the written legal sources to be analyzed by using both the statutory and conceptual approach. Through this study, it was concluded that first, legally, the granting of authority to carry out the execution and the annulment of the sharia arbitration award is still affected with dualism, which could lead to legal uncertainty. Second, it is necessary to synchronize the legislation regarding the authority to execute and to annul the sharia arbitration award to ensure the legal certainty, so that it will not conflict with one another. In the future, the execution and annulment of sharia arbitration should be placed in the Islamic Court, as they both apply the sharia principles.

Considering the Living Law as A Source in National Legal Development

The construction of national law is one of the projects that has not been completed to this day in the Indonesian law. Legal development should ideally pay attention to existing legal sources, especially laws that have become community culture. The results of this study show that legal development must be able to produce legal product reforms to replace the Dutch colonial legacy regulations that do not reflect the values and interests of the Indonesian people and encourage the growth of government and national development activities that originate from Pancasila and the 1945 Constitution. Incorporating the living law in the development of national law is an accommodative policy so that the national law produced is truly a product that is able to protect and protect all heterogeneous components of the Indonesian nation with their different backgrounds and legal needs Keyword: The living law, the source of law, the development of national law, Islamic law

Hukum Islam dan Politik Hukumnya dalam Hukum Nasional

Development of National law must pay attention to many aspects, one of which is Islamic law. Islamic law itself has become part of three main sources of law that build national law, namely Islamic law, customary law and western law. Thus, it is important to understand how the legal basis and politics of Islamic law is in the development of national law in the future. This study was conducted in a normative and sociological approach, that Islamic law is guided and preserved by Muslim communities. The results of this study showed; first, the Islamic legal basis in National law is the first principle of the Pancasila and Article 28 E paragraph (1), (2) and Article 29 of the constitution. Pancasila and a quo Articles are not only guarantee the implementation of ubudiyah, but also which are divided into muamalat, munakahat, and jinayat. Various rules have been issued in these fields. Second, the politics of Islamic law in the future must build maintain the Islamic law and renewal (tajdid) of Islamic law in Indonesian context. Keywords: Political Law of National Laws

Pembangunan Hukum Sebagai Upaya Peningkatan Daya Saing Daerah

Implementation, development is not a stand-alone entity, but rather integrated and becomes a unit with existing development components. The purpose of this study is to examine legal concepts through legal development as an effort to realize regional competitiveness. The type of research that will be used is Juridical-Normative Researchers. This research in conjunction with the juridical-normative method in this study uses the results of this study to show that regional competitiveness correlates with the development of national law as stated in Law Number 17 of 2007 concerning the National Long- Term Development Plan that was previously listed in the Outlines of State Policy. The second generation legal theory of development through legal concepts is not only a means of development, but also as a means of renewing the bureaucracy. The development of laws that will improve the competitiveness of the nation needs to pay attention to three important things, first, the development of quality and beneficial legislation. Realizing the competitiveness of each region in Indonesia, which of course will have an impact on the welfare of the State, of course, must be accompanied by legal development both in the substance of the law, legal structure and legal culture. DOI: https://doi.org/10.26905/idjch.v10i1.3181.