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: http://repository.untar.ac.id/id/eprint/13520

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