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All Journal Journal of Law and Nation INTERNATIONAL JOURNAL OF SOCIETY REVIEWS (INJOSER)
Dara Pustika Sukma
Fakultas Hukum, Universitas Surakarta, Surakarta, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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COMPARATIVE TRANSLATORY ON THE SYARIAH AND CONVENTIONAL CONTRACT LEGAL SYSTEMS: INDONESIA'S PERSPECTIVES Susilowardani; Desi Syamsiah; Asri Agustiwi; Dara Pustika Sukma
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): In Press Mei
Publisher : INTELIGENSIA MEDIA

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Abstract

The study aims to conduct a comparative study of the Shariah and conventional contractual legal systems from an Indonesian perspective. In the context of Indonesia, the Sharia law system is based on the principles of Islamic Shariah, while the conventional legal system is founded on the general principles that apply in the country. The method of research carried out is the study of literature by searching for literature that fits the context of research. The research shows that the Sharia law system emphasizes the principles of Shariah, such as the prohibition of interests and charges, and encourages dispute settlement through arbitration and arbitrations mechanisms. On the other hand, conventional legal systems are more flexible and focus on commercial aspects in the execution of contracts, using common dispute resolution mechanism, like courts, mediation, or negotiations. Although the Sharia law system provides special legal protection for the parties involved in a Sharia contract, the conventional legal system provides general legal protection to all parties engaged in a contract.
MULTIDIMENSIONAL PERSPECTIVES ON THE LEGAL SYSTEM AND JUSTICE IN INDONESIA: A CRITICAL ANALYSIS OF THE INTERPLAY BETWEEN LEGAL NORMS, JUDICIAL PRACTICES, AND SOCIO-ECONOMIC FACTORS IN ACHIEVING SUBSTANTIVE JUSTICE Susilowardani Susilowardani; Dara Pustika Sukma; Desi Syamsiah; Febri Atikawati Wiseno Putri; Asri Agustiwi
INTERNATIONAL JOURNAL OF SOCIETY REVIEWS Vol. 2 No. 1 (2024): JANUARY
Publisher : Adisam Publisher

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This research delves into the multidimensional facets of the Indonesian legal system, employing a critical lens to dissect the intricate interplay between legal norms, judicial practices, and socio-economic factors in the pursuit of substantive justice. The study aims to unravel the complexities inherent in translating legal principles into practical application, scrutinizing the challenges within the judiciary that may impede the realization of justice. Furthermore, the research investigates the profound influence of socioeconomic factors on access to justice, shedding light on disparities that can significantly impact legal outcomes. By examining the dynamic intersectionality of legal norms, judicial practices, and socio-economic dynamics, this study contributes to a nuanced understanding of the Indonesian legal landscape. The findings of this research carry significant implications for the future trajectory of the legal system in Indonesia. Identifying challenges within the judiciary, such as systemic inefficiencies and regional variations, informs potential areas for reform. Moreover, exploring socio-economic factors underscores the need for targeted interventions to bridge gaps in legal representation and enhance the accessibility of justice. In conclusion, this study provides valuable insights into the multifaceted dimensions of the Indonesian legal system and lays the groundwork for recommendations to foster a more effective, transparent, and equitable legal environment.
Co-Authors Asri Agustiwi Asri Agustiwi Desi Syamsiah Febri Atikawati Wiseno Putri Susilowardani Susilowardani Susilowardani