Menata Ius Constitutum Menuju Satu Sistem Hukum Nasional

Abstract

Criticism of the ius constitutum of Indonesia which is still not organized according to the appropriate grading and grundnorm has resulted in a reconstruction of the arrangement of the ius constitutum. The purpose of this paper is to reconstruct the arrangement of the constitutum ius which is spread in various scientific papers by the author. The method used is a qualitative method with a descriptive approach. The conclusion was that efforts had been made to rearrange the ius constitutum, however, if it was not carried out in a focused and thorough manner, there would not be a single national legal system that was unique and suited to the Indonesian situation. The necessity of realizing a national legal system is not just a dream.

The drafting of village regulations concerning the management of agricultural water resources

“…7 of 2021 is a form of Yosowilagun Lor's commitment to accommodating the community's interests, especially in maintaining sustainable water governance. This is in line with Lawrence M. Friedman's opinion regarding the legal system, which consists of three components, namely substance, structure, and culture (Friedman, 1977;Luhukay & Jaelani, 2019;Trijono, 2020). Village Regulation No.…”

Sharia Banking Position in the Economic and the National Legal System

“…Besides global influence, it is also due to adaptation from other legal sources that are still valid, namely being able to adapt to the personality of the Indonesian nation as well as regulated in the transitional article paragraph 2 of the 1945 Constitution where the Dutch heritage law is still declared valid before there is a new law, (Trijono, 2020) and the formation of new laws must be in accordance with the theory of the formation of laws and regulations, then the reconstruction of laws and regulations must be in accordance with their types (Fadli, 2020) see (Nurhadianto, 2015) (Kusumaningtuti, 2009) and Undang-Undang Nomor 3 of 2004 concerning Amendments to Law Number 23 of 1999 concerning Bank Indonesia, as lex specialis lex specialis derogat lex generalis (Neni, 2008).…”

“…XX/MPRS/1966 in which it is stated that Pancasila is the source of all sources of law. (Asasriwarnia & Jandra, 2018) see (Moonti, 2017) however, the current law -the Ius Constitutum -is a mixture of various legal systems, including colonial law, customary law, Islamic law, and Pancasila law (Trijono, 2020).…”

“…XX/MPRS/1966 which states that Pancasila is the source of all sources of law (Asasriwarnia & Jandra, 2018) see (Moonti, 2017). However the current law the ius constitutum -is a mixture of various legal systems, including colonial law, customary law, Islamic law, and Pancasila law (Trijono, 2020) since the legal system based on Pancasila is open which is able to accommodate aspirations that grow and develop in the international world due to the influence of globalization, it must also be adaptive, that is, it can adapt to the personality of the Indonesian nation (Maryanto, 2015).…”

Legal Protection for Victims of Illegal Investment Fraud Using the Ponzi Scheme in Indonesia

“…The crime of fraud in the form of illegal investment has resulted in losses for several people at this time, but until now there have been no specific regulations to follow up on perpetrators of this illegal investment crime. 21 "Anyone who, with the intention of unlawfully benefiting himself or another person, by using a false name or false dignity, b y deception or a series of lies, induces another person to hand over something to him, or to give a debt or write off a receivable, is threatened with fraud. with a further prison sentence of four years.…”