Short Communication
Year: 2020 | Month: June | Volume: 7 | Issue: 6 | Pages: 40-47
The Role of Legal History in the Creation of Aspirational Legislation in Indonesia
Henry Aspan
Faculty of Social Science, Universitas Pembangunan Panca Budi, Medan North Sumatera, Indonesia
ABSTRACT
The history of law is a systematic recording of certain symptoms affecting a nation, an institution, or social group that is usually accompanied by an explanation of those symptoms, as well as a descriptive and interpretive record of events experienced by humans in the past that something to do in the present. This paper aims to gain an understanding of Indonesian law with current legal legislation, which enables it to reflect the rules of the future law. The development of the history of law is defined by the school of history whose development of law thought cannot be detached from the influence of positive law theory on the development of modern state concepts and nationalism in the early 19th century. the history of Indonesia's law is appropriate and reasonable if it starts from time to time or period to period. The particular object is the history of the formation of law or the influence of legal sources in the formal sense of certain regulations.The paradigm used as the basic framework of research is legal sources in the formal sense.One of the uses of legal history is to reveal the legal facts of the past in relation to the present.It is a process, a unity, and a statement of fact, that is important to the historian and that the evidence must be accurate, inclined to follow a systematic, logical, honest, self-aware, and powerful imagination.The history of the law can provide a broad view of the law, it is impossible to stand on its own, constantly being influenced by other aspects of life and also affecting it.
Keywords: History of Law, Indonesia, Legislation,Customary law, Jurisprudence, Treaty, Doctrine.
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