Abstract:
Discourse/forum shopping must be discussed in the context of legal
pluralism within the Indonesian legal system. Discourse/forum shopping,
the unbridled freedom to choose which legal system justice seekers may
use, has been made possible by a combination of factors. The most
important factor being the trend in formal law-making, while made
with the intention of unification and modernizing society, unfortunately
resulted in a very complex web of sub systems within the Indonesian
(state made or official) legal system. Equally important is the trend of
Indonesian law makers to promulgate and implement each particular
statute as a system standing on its own. A sectoral and very pragmatic
approach to law making tends to downplay or ignore the need to preserve
and maintain consistency of norms and legal principles.
Description:
Termuat dalam buku "Percikan Gagasan Tentang Hukum IV "Mewujudkan keadilan sosial di tengah arus perubahan hukum, sosial budaya, politik dan ekonomi di Indonesia :Kumpulan tulisan ilmiah FH UNPAR". / Editor : Asep Warlan, W.M. Hery Susilowati, Febylvalerina Kartikasari. Dalam rangka Lustrum ke-IX FH UNPAR."
