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All Journal Jurnal Hukum Lex Generalis
Elsa Assari
Fakultas Hukum Universitas Brawijaya
Law, Crime, Criminology & Criminal Justice

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Law as General Rule or Law as Conglomeration of Legal Decision Moh. Rif'an; Muhammad Akbar Nursasmita; Fazal Akmal Musyarri; Danang Wahyu Setyo Adi; Elsa Assari
Jurnal Hukum Lex Generalis Vol 1 No 7 (2020): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

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Abstract

In the world, there are two legal systems that are widely used by countries, namely Civil Law or Continental Europe and Common Law or Anglo Saxon. The two legal systems have their own characteristics that result in advantages and disadvantages. Simply put, civil law requires legal certainty with the use of laws and regulations as the main reference. While Common Law demands the newness of the law in accordance with the conditions of the community by relying on the consideration of the judge's decision to the previous ruling. This, of course, provokes philosophical opposition and forces the mind to choose which system is most ideal to use. In this paper, the author attempts to comprehensively analyze the dilemma between the two legal systems.
Ketatanegaraan Klasik Hukum Adat Tengger Ditinjau dari Perspektif Politik Hukum sebagai Produk Budaya Yanels Garsione Damanik; Fazal Akmal Musyarri; Muhammad Akbar Nursasmita; Elsa Assari; Dea Candori
Jurnal Hukum Lex Generalis Vol 1 No 7 (2020): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research takes the object of customary law that grows, develops and is adhered to by the Tengger Indigenous Law Society. The viewpoint taken in understanding the evolving law in the Tengger Indigenous Law Society as law is not written in the legal context as a product of culture. Law is essentially a form of cultural expression of society that radiates from the results of the copyright, taste and work of the community. So that the law basically has characteristics that are social and localistic. Although no more strict than written law equipped with a definite sanctions mechanism, but customary law managed to make the community run by following the social order as expected by the legislator, which allows the author to explore the legal value of Tengger's local constitutional law.
Co-Authors Danang Wahyu Setyo Adi Dea Candori Fazal Akmal Musyarri Moh. Rif'an Muhammad Akbar Nursasmita Yanels Garsione Damanik