CONTRIBUTION OF TRADITIONAL VALUES TO CRIME PREVENTION IN INDONESIA
| Main Authors: | Tongat, Tongat, Anggraeny, Isdian, Ayu, Isdiyana Kusuma |
|---|---|
| Format: | BookSection PeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
Faculty of Law University 17 Agustus 1945 Semarang
, 2018
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/43881/18/Peer%20Review%20-%20Anggraeny%20-%20Traditional%20values%20counteracting%20criminal%20act.pdf http://eprints.umm.ac.id/43881/19/Similarity%20-%20Tongat%20Anggraeny%20Ayu%20-%20Traditional%20values%20counteracting%20criminal%20act.pdf http://eprints.umm.ac.id/43881/20/Tongat%20Anggraeny%20Ayu%20-%20Traditional%20values%20counteracting%20criminal%20act.pdf http://eprints.umm.ac.id/43881/ http://conf.fakhukum.untagsmg.ac.id/icleh2018-proceeding2.pdf |
Daftar Isi:
- Constitutionally, state’s policy of political law is based on the provision of Article 1 (3) of the 1945 Constitution of the Republic of Indonesia stating “The state of Indonesia should be based on the rule of law”. It is implied in the Article that Indonesia as a State of law no longer exists as rechstaat—a state which only complies with Law (the law of a state)—but the state of law in Indonesia exists as a pro-Indonesia State of law. In reference to the provision of Article 1 (3) of the 1945 Constitution of the Republic of Indonesia, the state of law of Indonesia embraces and put together the plurality of law in Indonesia in which not only does it settle the nation with the existence of law, but also it encourages the plurality of living law to coexist. According to what is stated in Article 1 (3) of the 1945 Constitution of the Republic of Indonesia, it is concluded that the era of positivism accepting only law as social control has, as a matter of fact, faded. The awareness of the importance of social orders outside the law of a state is inevitable, especially in Indonesia in which the existence of this nation is supported by cultural, ethnic, and religion diversity. Moreover, the provision of Article 1 (3) of the Constitution also marks the end of the monopoly of the law of a state in putting the law to work and the compliance with it. It means that in constitutional perspective, the state of law of Indonesia is not a regime which only acknowledges the law as social orders, but it is a nation that also accepts living law as a source of positive law.