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24 Pt. 2 J. Legal Ethical & Regul. Isses 1 (2021)
Innovation Based on Balinese Local Genius Shifting Alternative Legal Concept: Towards Indonesia Development

handle is hein.journals/jnlolletl2424 and id is 169 raw text is: 



Journal of Legal, Ethical and Regulatory Issues


  INNOVATION BASED ON BALINESE LOCAL GENIUS
       SHIFTING ALTERNATIVE LEGAL CONCEPT:
           TOWARDS INDONESIA DEVELOPMENT
                             ACCELERATION

                   I Dewa   Made  Suartha,  Udayana University
       I Dewa   Agung  Gede   Mahardika Martha, Warmadewa University
                      Bagus  Hermanto, Udayana University

                                     ABSTRACT

       Roscoe Pound  revealed that the fundamental task of law  is conducting a social
engineering framework. This argument was agreed by Mochtar Kusumaatmadja with proposing
law as an instrument of society development that inseparable with national legal policy making
process during New Order in Indonesia. Based on these arguments, Satjipto Rahardjo revealed
that law science is not a human intellectual idea, however it comes, flows, and based on the fact
that law is in society dynamics. Law is effectively works if three of legal system elements are
develops following the accommodation and harmonization of local genius values that exists in
our  society, in this context, Balinese local genius including Tri Hita Karana value that
internalized within national and international legal order. This article is conducted with
normative legal research, based on statutory law approach, legal conceptual approach, and
legal philosophical approach. This article is generating new insight concerning alternative legal
concept to propose legal development acceleration in Indonesia. In this context, Balinese local
genius has harmonious and comprehensive values that in line with legal needs to ensure future
national legal development acceleration in Indonesia.

Keywords:   Pound Social Engineering Theory, Legal Development Theory, Alternative Legal
            Concept, Balinese Local Genius.

                                  INTRODUCTION

       Roscoe Pound as the one of the most well-known legal philosopher propose a new insight
in law studies that law is responsible as a tool of society development based on law function and
role in society, with his theory law as a tool of social engineering (Rasjidi & Sidharta, 2011).
Pound  revealed that the main task of law is develops a social engineering. His publication is
trying to strengthening social engineering task in harmonizing social interest articulation, that
results law to develop (Tamanaha, 2020). However, Pound approach still does not changes,
while his interest in several recent publications was changed (Friedmann, 1990).


                                       1                              1544-0044-24-S3-777

Citation Information: Suartha, I.D.M., Martha, I.D.A.G.M., & Hermanto, B. (2021). Innovation based on Balinese local genius
                shifting alternative legal concept: towards Indonesia development acceleration. Journal of Legal, Ethical and
                Regulatory Issues, 24(S3), 1-9.


Volume 24, Special Issue 3, 2021

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