The Living Law’s Relationship With State Law In The Judge’s Decision: Indonesian Legal Pluralism
The plurality that Indonesia has creates legal pluralism where there are more than one law in force, state law as a legislative and living law product as a law that lives and develops in the community for generations. In the judicial process both laws can be used as a legal source for judges in deci...
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| Published in | International journal of recent technology and engineering Vol. 8; no. 4; pp. 4189 - 4191 |
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| Main Author | |
| Format | Journal Article |
| Language | English |
| Published |
30.11.2019
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| Online Access | Get full text |
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| Summary: | The plurality that Indonesia has creates legal pluralism where there are more than one law in force, state law as a legislative and living law product as a law that lives and develops in the community for generations. In the judicial process both laws can be used as a legal source for judges in deciding cases. This research includes legal socio-research which aims to analyze the living law as a legal source of judges and the relationship between state law and the living law in judges’ decisions with a perspective of legal pluralism. Judges can use the living law as a source of law by making legal discoveries. The relation between state law and the living law in a judge’s decision is a synergic, interactive relationship as an effort to overcome the legal gap between law in the books and law in actions with the main goal of realizing a substantive justice decision. |
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| ISSN: | 2277-3878 2277-3878 |
| DOI: | 10.35940/ijrte.D7726.118419 |