Wednesday 11 February 2009

POLITICS OF THE LEGAL SYSTEM and LEGAL POLICY

As the layman in the study of the law, I felt very much was honored got the invitation as one of the speakers in the agenda of the operation of the work book of Prof. Dr. Moh. Mahfudz MD that be entitled “Membangun legal Politics, maintained Konstitusi”, published by the Book LP3ES, Jakarta.
In the closing of the introductory part to this book the writer said had 2 reasons on the use of this title. Firstly, the writer wanted to show that one of the main tasks of national legal politics was always to head and channel laws that in accordance with and in order to uphold the constitution. Secondly, the writer also want to showed that the development of national legal politics always must be guarded so that did not deviate from the current the constitution and the source thought that provided a basis for him.
From this analysis very clear the view of the writer that the law or the legal system national must be gazed at as the system that holistik and included relations between the social system, the political system and the economic system and the legal system. This view according to my view really was different from the view most of the caretakers of legal education, that gazed at the law in the limited perspective and included only lembanga the upholder of the law as well as the positive law as the product especially.
William M. Lawrence, the former professor Univ. John Hopkins was one of the pioneers in the development of the view holistik about the law and the legal system. In his article of “American Law in the 20th Century”, Lawrence showed clearly the view holistik him about the law (law) and about the legal system (legal system). Katanaya “… for many people possibly the law only dimaknai as various of the upholder's agencies of the law like police, kejaksanaan, the court, the supreme court, as well as the positive law that were produced and carried out by these agencies.. ” Tetapi, he said, the law was far more wider than the upholder's agency of the law, because the fact is the law very much influenced the life of the American community modern. The law became part of the life of the community.


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