Anayasa
Vol. 1 No. 2 (2024): ANAYASA

THE NATURE OF LAW IN PERSPECTIVE COMPARATIVE LAW

Harmono, Harmono (Unknown)



Article Info

Publish Date
07 Jan 2024

Abstract

Understanding the legal system as a complete unit, including institutions, procedures, and legal rules, where one element or sub-system has a relationship with other sub-systems. Law as a system has complexity and multiple perspectives, both the law in our own country, such as customary law, Islamic law, and our positive law, as well as western law, such as common law and the civil law system. We can see this complexity and multi-perspective, for example, in Islamic law, which considers religion and law to be one. Meanwhile, the Western legal system, especially in mainland Europe, is carried out through the formation of codification, in contrast to customary law, whose legal identity grows with the identity of the community that forms it, while positive law or national law in our country, Indonesia, which cannot be denied, still uses most of the written law that comes from "inheritance."" invaders. However, the differences in legal systems essentially mean that law always leads to the realization of justice, order, and order in society.

Copyrights © 2024






Journal Info

Abbrev

anayasa

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

This journal is an academic journal with a focus on research in criminal law, civil law, international law, Islamic law, environmental law, legal administration, economic law, and customary law. This journal aims to provide a platform for sharing research results and scientific thoughts related to ...