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Paradigm of universalistic particularism to reform the Indonesian economic law in the framework of establishing the 2015 ASEAN Economic Community

Author

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  • S.H., M. Hum. Taufiqurrahman

    (Law Faculty of University of Wijaya Putra, Surabaya, Indonesia)

Abstract
A reality that cannot be denied that the laws of Indonesia applicable today, especially regarding international trade transactions, are less conducive to the changes. This can be understood because the law that in fact is a legacy of the Dutch colonial government has not been changed at all, but the dynamics of the community continue to run endlessly. Changes in society increasingly run quickly along with the progress achieved in the field of Science and Technology, particularly Information and Communication. Such an objective conditions will in turn lead to new legal issues in the community, namely the absence of law and the emergence of the legal gap between what the law in book with what the law in action. The increasingly complex legal issues in related to be the establishment of an ASEAN Economic Community (AEC) of 2015. The theory used to analyze is the Jeremy Bentham’s Legislation Theory and the Theory of Legal Development from Mochtar Kusumaatmadja. While the research method applied is normative legal research methods with the statute, and conceptual approaches. The analysis shows that the convergence paradigm namely universalistic particularism is appropriate used in law reform in Indonesia. In addition, in order to provide a clear direction of Indonesian economic law reform efforts in the context of the establishment of 2015 AEC, it is necessary to establish the Indonesian Economic System in the national legislation.

Suggested Citation

  • S.H., M. Hum. Taufiqurrahman, 2014. "Paradigm of universalistic particularism to reform the Indonesian economic law in the framework of establishing the 2015 ASEAN Economic Community," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 4(1), pages 22-55, June.
    • Handle: RePEc:asr:journl:v:4:y:2014:i:1:p:22-55
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    More about this item

    Keywords

    Paradigm; Particularism; Convergence; economic law; Indonesia;
    All these keywords.

    JEL classification:

    • K20 - Law and Economics - - Regulation and Business Law - - - General
    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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