Era Hukum, Vol 3, No 15 (2008)

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KONSISTENSI NILAI-NILAI BHINEKA TUNGGAL IKA, PARADIGMA HUKUM DAN PENDEKATAN HUKUM SEBAGAI SUMBER ORIENTASI BAGI STRATEGI PEMBANGUNAN HUKUM NASIONAL

Zulfadli Barus

Abstract


Law could be analyzed by three kinds of legal approaches. They are normative, sociological dan philosophical. Philosophical approach as synthetic form, normative approach as thesis and sociological approach as anti thesis. The sources of these approaches come from the paradigms of construct (legal positivism), sociology (historical jurisprudence) and metaphysic (rationalism and empiricism). Normative approach is based on construct paradigm, sociological approach is based on sociological paradigm and philosophical approach is based on metaphysic paradigm. This conceptual maps must be followed by legal drafter for formulating the strategy of Indonesia law development in order to get the modern law of Indonesia without loosing our own identity. Being modern means that the law could make our nation and state more better through the legal unification (positive law) and legal pluralism (living law). Legal unification could accommodate the values of unity and equality in one side, legal pluralism could accepted the values of freedom and different on the other side. So, the slogan of Bhineka Tunggal Ika is being implemented by these approaches.

 


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