Sjuhad, Miftachus
Universitas Widyagama Malang

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PERSPEKTIF POLITIK HUKUM TERHADAP TANTANGAN KEBERADAAN HUKUM MENUJU GLOBALISASI Sjuhad, Miftachus
Widya Yuridika Vol 1, No 1 (2018): Widya Yuridika : Jurnal Hukum, Juni 2018
Publisher : Universitas Widyagama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (3755.26 KB) | DOI: 10.31328/wy.v1i1.524

Abstract

In the field of law, globalization is characterized by the borderless states; no state can claim that it follows a system of law absolutely. There have been mixes and penetration between on system of law to another. In this globalization era, any discussions on the challanges of the existence of law have not been separated from the internal influence of the nation and the surrounding political system and also the cultures. This analyse will explore how the internal and external challenges of the law face the globalization currents that demand on perfect preparation in all aspects. The political will of the government of Indonesia is really different between before and after the reformation. Multidimensional cries that have not been finished yet may potentially destroy the nation and state of Indonesia up to the zero point. Meanwhile, on the one hand, from the law point of view, in this country, the political products are full of various interests. On the other hand, the national law of Indonesia is facing globalization. Therefore, it is vital to create a harmonious link between the national law and the international law, with attention given to the internal context of Indonesian people. Kata kunci: Politik hukum, Harmonisasi hukum, globalisasi
Pengaruh Pelaksanaan Jaring Aspirasi Masyarakat dalam Pembentukan Peraturan Daerah Partisipatif Fatkhurrohman, Fatkhurrohman; Sjuhad, Miftachus
Media Hukum Vol 25, No 2 (2018): DECEMBER 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Jaring Asmara were carried out after Regional Regulation drafting was completed by both the executive and the legislative. This research carried out an empirical legal research approach.The results of the research in Malang, Pasuruan and Tulungagung showed that Jaring Asmara activities produced the first few records, all inputs (proposals) from stakeholders were not always fulfilled, especially those that were against the wishes (legal politics) by the legislators. Both things are definitely fulfilled by the legislator when it comes to new policies, information on new legislation, information on new technical procedures. From these findings, it shows that Jaring Asmara is actually a tool to provide opportunities for the community in guarding the formation of a regional regulation to be a little functional (not optimal). Likewise the existence of the thought theory of Philip Nonet and Philip Selznick which is the motor of forming responsive legislation has no effect at all. Jaring Asmara is nothing more than a ceremonial activity where the target is only to drop procedures. It is hoped that in the first year this study will find out the influence of implementing the Jaring Asmara in the formation of participatory local regulations to resolve the problem.