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Journal > AL-RISALAH > Arah Kebijakan Pembentukan Hukum Kedepan (Pendekatan Teori Hukum Pembangunan, Teori Hukum Progresif, dan Teori Hukum Integratif)

 

AL-RISALAH
Vol 13 No 2 (2013)
Arah Kebijakan Pembentukan Hukum Kedepan (Pendekatan Teori Hukum Pembangunan, Teori Hukum Progresif, dan Teori Hukum Integratif)
Article Info   ABSTRACT
Published date:
20 Dec 2015
 
Legal establishment (rechtsvorming) in the legal system is essentially determined by the legal concept embraced by the public and by the quality of its constituent. Because people will always change according to the conditions, and the quality of the constituent also change with the change of political power. policy formation fore law, aimed at: First, the establishment of laws aimed at creating legal certainty in order to achieve order, order, peace, justice, and usefulness 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, must be based on moral values, religion, morality, decency, customs and other social norms as the values that thrive in the community (the living law). Third, the living law assertion in the community and local knowledge which is based on customs or values that thrive in the community as a source of law. It gives an indication if these three want to reformulate the values that have been embedded in the soul of a nation, in anticipation of cultural values beyond which feared could destabilize the integrity of a country, although it is possible to adopt the values of foreign cultures considered positive.
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