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Journal > Ar-Risalah > ARAH KEBIJAKAN PEMBENTUKAN HUKUM KEDEPAN (PENDEKATAN TEORI HUKUM PEMBANGUNAN, TEORI HUKUM PROGRESIF, DAN TEORI HUKUM INTEGRATIF)

 

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Ar-Risalah
Vol 13, No 2 (2013)
ARAH KEBIJAKAN PEMBENTUKAN HUKUM KEDEPAN (PENDEKATAN TEORI HUKUM PEMBANGUNAN, TEORI HUKUM PROGRESIF, DAN TEORI HUKUM INTEGRATIF)
Sayuti, Sayuti ( Dosen Fakultas Syariah IAIN Sulthan Thaha Saifuddin Jambi)
Article Info   ABSTRACT
Published date:
10 Jun 2014
 
Formation law (rechtsvorming) in a legal system basically is determined by the legal concept adopted by the legal community and by the quality of its constituent. Because people are always berrubah conditions, and the quality of its constituent also changing along with the change of political power, the law-making efforts should be continued. And to see how the political direction of the legal establishment (political law) fore, there are three approaches that are used as a standard, ie Development Legal Theory, Progressive Legal Theory, and Integrative Legal Theory. Then based on these standards, the political establishment is directed forward, in: First, the establishment of a law aimed at creating legal certainty in order to achieve order, peace, justice, and expediency in the life of the community, state and nation. Second, the establishment of the law, either in the form of legislation or other formal aspects, should be sourced from moral values, religion, morality, decency, customs and other social norms as values that thrive in society (the living law). Third, the assertion of the living law in the community and local wisdom rooted in customs or values that thrive in the community as a source of law. Keywords: formation law, Development Legal Theory, Progressive Legal Theory, and Integrative Legal Theory.
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