Politics of Law Due to the Protection of Land Rights Holders Based on the Rechtsverwerking Principle

Gunardi, Gunardi and Yanto, Naomi Elvienne and Redi, Ahmad Politics of Law Due to the Protection of Land Rights Holders Based on the Rechtsverwerking Principle. Politics of Law Due to the Protection of Land Rights Holders Based on the Rechtsverwerking Principle.

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Abstract

As is known that legal politics has 2 (two)
dimensions. These dimensions include ius constitutum (applicable
law) and ius constituendum (the law that is
reported). The stigma
that law is a political product is true along the das sein if it is
based on das sein by conceptualizing the law as a statutory
regulation. Acquainted with the relationship between law and
politics can be based on the views of das sollen (desires,
necessities) or das sein (reality). There is a difference in scope
between legal politics and legal political studies, the first being
more formal in official policy while the second includes official
policies and matters related to them. Thus, the study of legal
politics comprehends at least three things: First, state policies
(official lines) concerning the law that are not enforced or are not
implemented in the context of achieving state objectives. Second,
economic, social, cultural background that underlies the birth of
legal products, Third, law enforcement in the reality of the field.
In this research, the focus will be on the study of law enforcement
in the reality of the field, especially in judicial institutions. This
study examines the Politics of Law for the Protection of Land
Rights Holders based on the Rechtsverwerking Principle. By using
normative legal research methods which are based on research on
legal principles, the researcher uses a qualitative approach to
support legal arguments produced based on inductive reasoning.

Item Type:	Article
Subjects:	Penelitian > Fakultas Hukum
Divisions:	Fakultas Hukum > Ilmu Hukum
Depositing User:	Puskom untar untar
Date Deposited:	17 Dec 2020 02:05
Last Modified:	17 Dec 2020 02:05
URI:	https://repotest.untar.ac.id/id/eprint/13520

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