Globalization of National Culture and the Legal System: A Comparative Perspective of the Indonesian Legal System and the British Common Law System

  • Teguh Musa Wiguna Doctoral Program in Law, Universitas Muhammadiyah Surakarta, Indonesia
  • Wardah Yuspin Program in Law, Universitas Muhammadiyah, Indonesia
Keywords: National Culture; Common Law; Legal System

Abstract

Indonesia is a country that adheres to a multi-legal system because it is influenced by a multi-ethnic society and different cultures from Sabang to Merauke. In its development in Indonesia, a set of laws and regulations from colonial countries were adapted to the principles of Pancasila. National legal policies are challenged to realize the ideals of functioning the rules as a force of renewal, encouraging changes in the form of local communities. One of the recognized legal systems in Indonesia which is a cultural transplant of the local community is the customary law system (common law). If it is associated with legal culture, then moral and ethical norms are part of the transplantation of the Indonesian legal culture system. English law never 'accepted' Roman law as Roman law was accepted in civil law countries. English law also creates prerogative written court provisions (certiori, mandamus, and prohibition) which allow objections to administrative decisions of state organs and officials, thus there is no need to create a separate administrative court as other countries have developed. civil law.

Author Biographies

Teguh Musa Wiguna, Doctoral Program in Law, Universitas Muhammadiyah Surakarta, Indonesia

Lecturer

Wardah Yuspin, Program in Law, Universitas Muhammadiyah, Indonesia

Associate Professor

Published
2022-10-04
How to Cite
Wiguna, T., & Yuspin, W. (2022). Globalization of National Culture and the Legal System: A Comparative Perspective of the Indonesian Legal System and the British Common Law System. International Journal of Social Science Research and Review, 5(10), 122-129. https://doi.org/10.47814/ijssrr.v5i10.592