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Apprehend the Codification and Unification of Law

Kodifikasi hukum adalah

Codification of Law is one of the terms known as legal literacy in the implementation of law in a place or country, including in Indonesia. Meanwhile, Unification of Law is another legal term related to the laws that we know nowadays. The following below is a further review regarding the Codification and Unification of Law.

 

A. Background

The various forms of law that exist in Indonesia cause many legal conflicts to develop, between written law and unwritten law (customary law). As a state of law, Indonesia is a country rich in culture, including legal pluralism. However, legal pluralism in the history of Indonesian law has raised several problems, as follows:

 

  1. It is difficult to find legal certainty due to the different pluralities, which makes Indonesian laws diverse and difficult to regulate.
  2. The unity and integrity of the nation is a gamble where it is quite difficult to equalize the public’s perception of something because the regional nature is still quite strong.
  3. Conflict resolution becomes a very complicated part to be resolved because of the many interests and developing legal systems that are often resolved by means of violence.
  4. Regional autonomy causes divisions because it forms the concept of the sons of the soil (local inhabitants) and the sons of immigrants, thus giving rise to discrimination.
  5. There are difficulties of the regional nature to create a legal system with a national spirit.

 

These problems have a negative impact on the development of the desired legal system, which can have bad implications when a conflict arises, among others:

 

  1. There is a lack of trust in state law, which leads to prioritizing customary law.
  2. The notion arises that local laws are better than others.
  3. There is a narrow way of thinking in that people tend to prioritize maintaining their respective customary law rather than the state law.

 

For this reason, the Codification and Unification of Law need to be carried out to the laws and regulations that apply in today’s society.

 

Codification Law

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B. Codification of Law

The definition of codification of law according to Umar Said, as quoted by Sugiantari, is to record similar laws completely and systematically into one book of laws, for example the Criminal Code (Kitab Undang-Undang Hukum Pidana, “KUHP”), the Civil Code (Kitab Undang-Undang Hukum Perdata, KUHPer”), and the Commercial Code (Kitab Undang-Undang Hukum Dagang, KUHD”). In addition, according to R. Soeroso, codification of law is the bookkeeping of laws in a set of laws on the same material. 

 

The general purpose of codification is to make the collection of regulations simpler and easier to control, logically structured, harmonious, and certain in order to obtain a rechtseenheid (legal unity) and a rechts-zakerheid (legal certainty).

 

C. Unification of Law

According to Umar Said, Unification of law is the process of unifying laws that apply nationally; or the unification of national law enforcement. Sensitive laws, namely laws that lead to the implementation of customary law, are basically very difficult to unify because each region has different customs, for instance Law number 44 of 2008 on Pornography (“Pornography Law”), which has been rejected by the people of a particular area as they are of the view that the implementation of the law will certainly affect the essence of the implementation of customary activities in their area.

 

Codification Law

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ADCO Law as a Law Firm in Jakarta assists the clients to structure, organize and implement their business ventures and investments, including structuring, financing, and securing investments as well as establishing new foreign companies in Indonesia. 

 

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Disclaimer: This article has been prepared for scientific reading and marketing purposes only from ADCO Law. Accordingly, all the writings contained herein do not constitute the formal legal opinion of ADCO Law. Therefore, ADCO Law should be held harmless of and/or cannot be held responsible for anything performed by entities who use this writing outside the purposes of ADCO Law.