Pembaharuan Hukum : Reformasi Hukum di Negara Sedang Berkembang  

Oleh:

[s.n]

Jenis: Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Dalam koleksi: Jurnal Hukum Bisnis vol. 6 (1999), page 26-30.
Topik: REFORMASI HUKUM; reformasi hukum

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ102.1 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Isi artikel

Developing countries and also those of which their economy is in transition from socialistic to market oriented are very aware of their legal weaknesses. A part of the formal legal weaknesses can likely be raplaced by the existing informal law. But the informal law will soon reach its terminal. for instance, The Informal law will not likely be able to accomodate requirements to compose / formalize long term contracts, protection on intellectual property, or creation of a fair competitive climate of business world. It adversely affect the economy, for instance in the form of hindrance to the emergence of any new ideas or entrepreneurships, efforts for transfer of technology, non - confidence of investors, until the flourishing corruptive actions, and organized criminal activities. It is therefore necessary to have a formal legal system which can function properly to encourage economic interaction, which is clearly and transparently capable of indicating the limit of the individual right and responsibility relevant with economic needs which are in favor of market mechanism. In this formal legal reform, there are two possible legal sources, namely "home grown" and "transplanted outcame" entirely or partly constituting an adapted outcame of the legislation of the countries with advanced market economy. Another sufficiently pratical model is borrowing general idea of the best practice of the other countries for futher adaptation and internalization through political debates and careful "nationalization" in the legal drafting phase. Certainly, another thing required to make the legal system "well -functioning " is the availability of required supporting instituitions. A well designed law shall never work unless with institutional performance appropriate for that purpose will merely be required.

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