POLITIK PLURALISME HUKUM DALAM HUKUM UNDANG-UNDANG KEKUASAAN KE HAKIMAN: KAJIAN TERHADAP PENGAKUAN HUKUM TIDAK TERTULIS DALAM UNDANG-UNDANG NOMOR 48 TAHUN 2009 TENTANG KEKUASAAN KEHAKIMAN

Mohammad Jamin

Abstract

In fact that in Indonesia not onlyhas written lawwhich imposed by state power( state law), butis also unwritten law which often called the non state law. Political of lawto uniting as one political unity and enforce thelegalsentralism has disregarded the fact oflegalpluralism (thepolitical ofignorance). Political of law of the Judicial Power Code which imposed during the time does not clearly arrange the state recognation tounwritten law, even unwritten law is recognnized, but still very sumir and floating. Although Code No. 48/2009 about Judicial Power adopt the politics oflegal pluralism andrecognizes theexistence unwritten law, butitis still sham (weaklegalpluralism), causing that infactpredominate the state law still happened and unwritten law only becoming complement to state law. Political forwards legal pluralism inJudicial PowerCodeideally is notmadeconditional. The political legal pluralism of Judicial Power Code mustto adoptstronglegalpluralism, so can accommodate pluralism in society.

Full Text:

PDF

Refbacks

  • There are currently no refbacks.