THE NATURE OF LAW IN PERSPECTIVE COMPARATIVE LAW
DOI:
https://doi.org/10.61397/ays.v1i2.101Keywords:
Islamic law, customary law, positive lawAbstract
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.
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Anas, AT, & Budianto, AA (2023). ANALYSIS OF FRANCHISE BUSINESSES FROM AN ISLAMIC ECONOMIC LAW PERSPECTIVE. ANAYASA : Journal of Legal Studies , 1 (1), Article 1.
Brand, P. (2020). Local custom in the early common law. In Law, laity and solidarity (pp. 150–159). Manchester University Press. https://www.manchesterhive.com/view/9781526148285/9781526148285.00012.xml
Fadhilah, M. (2019). Enforcement of Unfair Business Competition Laws by the Business Competition Supervisory Commission (KPPU) within an Extraterritorial Framework. Journal of Juridical Insights , 3 (1), 55. https://doi.org/10.25072/jwy.v3i1.217
Ferdy, F., Mas, M., & Siku, AS (2020). ANALYSIS OF LAW ENFORCEMENT AGAINST PERFORMERS OF CRIMINAL ACTS OF LAND GRABBING THAT OCCURRED IN THE JURISDICTION OF THE SOUTH SULAWESI POLDA. Indonesian Journal of Legality of Law , 3 (1), Article 1. https://doi.org/10.35965/ijlf.v3i1.582
Hainia, S., & Alhakim, A. (2022). Legal Protection for Whistleblowers in Narcotics Crimes. Sasana Law Journal , 8 (1), Article 1. https://doi.org/10.31599/sasana.v8i1.1048
Handoko, P., & Rohmah, EI (2023). LEGAL PROTECTION OF LOCAL CITIZENS ON THE IMPACT OF THE DEVELOPMENT OF THE NUSANTARA STATE CAPITAL (IKN). Proceedings of the National Conference on Sociology (PKNS) , 1 (1), Article 1.
Iswadi, I., Karnati, N., & Budianto, AA (2023). Robert K. Yin Design & Method Case Study (First). CV. Adanu Abimata.
Krisanto, YA (2008). Legal Research: The Push and Pull Between Legal Positivism and Legal Empiricism . https://repository.uksw.edu//handle/123456789/3331
Lawson, A. E. (1982). Formal reasoning, achievement, and intelligence: An issue of importance. Science Education , 66 (1), 77–83. https://doi.org/10.1002/sce.3730660110
Siregar, SA (2019). DRUG DELIVERY IN ISLAMIC LAW. AL-MAQASID Journal: Journal of Sharia and Civil Affairs , 5 (1), Article 1. https://doi.org/10.24952/almaqasid.v5i1.1721
Sudrajat, T. (2020). Legal Protection and Fulfillment of Workers' Rights in the National Health Insurance Program. Pandecta Research Law Journal , 15 (1), Article 1. https://doi.org/10.15294/pandecta.v15i1.23647
Terry, A., & Chittock, Chloe. (2010). Shapes and slogans as trade marks: Developments in case law. Journal of Brand Management , 18 (2), 174–176. https://doi.org/10.1057/bm.2010.29
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