The revitalization of the indonesian legal system in the order of realizing the ideal state law
Ana Fauzia,Fathul Hamdani,Deva Octavia +2 more
- Vol. 3, Iss: 01, pp 12-25
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TLDR
The main objective of this research focuses on analysis related to efforts to revitalize the legal system in order to create an ideal rule of law as stated by Lawrance Friedman in his book namely "The Legal System: A Social Science Perspective".Abstract:
It can be called that the dynamics of national and state life in Indonesia are increasingly being tested by the same problem. For example, an outbreak of judicial corruption from the time to time, which was never ending. Law enforcers who are echoed as honorable professions, but on the other hand, these are exacerbated by the corrupt behavior of those professions. The sale and purchase of a case is no longer viewed as taboo, indeed it just looks like proper. Which means, it is a kind of a sign that the various legal regulations that normatively regulate the entire judicial process are ultimately unable to overcome the judicial corruption. The main objective of this research focuses on analysis related to efforts to revitalize the legal system in order to create an ideal rule of law as stated by Lawrance Friedman in his book namely "The Legal System: A Social Science Perspective". In this research, the method used is normative juridical using statutory, conceptual and historical approaches. The results of the research present an idea which is divided into three according to the three elements in the formation of a rule of law according to Lawrance Friedman, namely legal substance, legal structure, and legal culture. With regard to legal substance, the author provides the idea of a judicial preview as a method of validating the constitutionality of laws. Then related to the legal structure, the author provides ideas related to efforts to build morality and professionalism of law enforcement officials. Meanwhile, in terms of legal culture, the author provides ideas related to efforts to build a legal culture in society that is aware of the law and the constitution.read more
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References
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Book
Governing with Judges: Constitutional Politics in Europe
TL;DR: In this paper, the authors present a theory of constitutional politics with judges and discuss the politics of judging and the theory of constitutive politics. But they do not discuss the role of judges in the construction of a supernational constitution.
Book
The judicial process in comparative perspective
TL;DR: In this article, the evolving role and responsibility of judges, the lawmaking power of the judges and its limits who watches the watchmen, and the expansion and legitimacy of judicial review.
Book
Implementing the Constitution
TL;DR: In this paper, the authors argue that the Supreme Court performs two functions: the first is to identify the Constitution's idealized "meaning". The second is to develop tests and doctrines to realize that meaning in practice.