International Conference of ASEAN Prespective and Policy (ICAP)
Vol 1 No 1 (2018): INTERNATIONAL CONFERENCE OF ASEAN PERSPECTIVE AND POLICY (ICAP)

Critical Review of the Existence of Legal Fiction Principles in Indonesian Law

Nurhilmiyah (Unknown)



Article Info

Publish Date
01 Oct 2018

Abstract

The principle of Fictie Rechts or Legal Fiction is still embraced in Indonesian legislation. It does not matter that the principle is inconsistent with reality on the ground, which in fact creates more and more new problems. For example the application of laws in very remote areas. How can a rural person who has no access to information, if he does not comply with a rule that has been passed by the state through the state gazette, then without considering the absorption aspect of his information, he remains entangled in the law. Because he after the law was enacted, he was considered to know the law. This study uses normative legal research method by reviewing the literature related to legal fiction. Surely the principle that is deemed irrelevant to its real condition like this deserves no longer applied. For that required seriousness of government and society in participating eliminate this law fiction principle.The results of this research show that Indonesia still enacts law government and society as well, lawmaker or legislator and society publish that.

Copyrights © 2018






Journal Info

Abbrev

ICAP

Publisher

Subject

Economics, Econometrics & Finance Education Engineering Public Health Other

Description

The theme of this Conference is on The ASEAN Prespective Policy Economic and Law. Thank you very much for Keynote Speakers from Indonesia PEMBANGUNAN PANCA BUDI UNIVERSITY AND PERBANAS Prof Dr Haryono Umar, Ak., M.Sc., CA, From Malaysia IIUM Associate Prof Tajul Aris Ahmed Bustami, From Brunei ...