Suchergebnisse

Customary law in Indonesia has characteristics and patterns that are different from other laws. Customary law is pragmatism-realism which means that customary law is able to meet the needs of the community which is functionally religious so that customary law fulfills a social function/social justice. The emergence of modern law has completely changed the map of the old social order, this is due to the hegemonic character of the modern law, it does not allow any other form of order except those created and issued by the state. It is different and interesting when local law fights with modern law, where Modern Law is eroded in its implementation by local law. Local law views the implementation of the "Wara" traditional ceremony with the traditional ritual "Kaleker Diau" in the Dayak indigenous people of Central Kalimantan, South Barito Regency as a culture or custom that must be preserved, while modern law views the activities in these traditional rituals as a form of gambling. and has a large effect can cause conflict in indigenous peoples. The study of comparative law considers that the cultural values ​​or customs, habits and enforcement of Dayak customary law in the area of ​​Central Kalimantan Province, South Barito Regency, which are very sacred, need to be updated in their implementation with the aim of building and implementing traditions or customs that are in line with the national legal system.

This article discusses the history and development of commercial law in Indonesia and its correlation with the civil code law. This article uses literature research. Commercial law is the law that regulates the behavior of humans who participate in trading for profit or the law that regulates legal relations between humans and legal entities with each other in the trading field. Generally, the development of commercial law is divided into three stages, namely the lex mercatoria period in the Middle Ages, the incorporation of the lex mercatoria into the national legal system, and the new lex mercotaria period. In essence, lex mercotaria is a concept in Latin that is used to communicate a set of principles or principles that apply to traders in Europe in general. When viewed from the perspective of its function, lex mercotaria is actually an international trade law which, among other things, emphasizes the separation of assets and contractual freedom, applies to traders from various parts of the world who establish trade relations with the citizens of the kingdom along the route that crosses the boundaries of territorial sovereignty. . based on the principle of concordance, the KUHD Netherland 1838 became an example for the making of the Indonesian KUHD in 1848. Initially, commercial law was based on civil law. However, over time the commercial law codified the legal rules so that the Commercial Law Code was created which is now independent or can be said to be separate from the Civil Law Code. The Commercial Law Code has a relationship with the Civil Law Code as explained above that as a result of the codification, commercial law is part or a branch of civil law, but in a more specific form. Thus, the Civil Code becomes a special source of civil law. The relationship between the two laws is the genus (general) and species (special).

This article discusses the prospects of participation of the Republic of Kazakhstan in Hague Conference on Private International Law on the unification of collision law in the international trade. The article analyzes some conventions on international trade. The appropriate conclusions based on the opinions of scientists and experts in this field have been made. First, all issues presented in the form of gaps or spaces in conventions should be the subject to direct negotiations in the course of the activities of Hague Conference, and have a comprehensive feature, be transparent and taken under simplified procedure. Secondly, one should not underestimate the value of conventions that do not become active due to various reasons and having a positive impact on the development and improvement of national legislation and practice in the field of private international law. Thirdly, Kazakhstan has to reconsider its attitude to Hague Conference, having become its full member and aiming at providing constructive and fruitful cooperation with both the organization itself and its member states.