Paradigm of universalistic particularism to reform the Indonesian economic law in the framework of establishing the 2015 ASEAN Economic Community

Taufiqurrahman, Taufiqurrahman (2014) Paradigm of universalistic particularism to reform the Indonesian economic law in the framework of establishing the 2015 ASEAN Economic Community. Juridical Tribune, 4 (1). ISSN 2247-7195

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Abstract

A reality that cannot be denied that the laws of Indonesia applicable today,
especially regarding international trade transactions, are less conducive to the changes.
This can be understood because the law that in fact is a legacy of the Dutch colonial
government has not been changed at all, but the dynamics of the community continue to run
endlessly. Changes in society increasingly run quickly along with the progress achieved in
the field of Science and Technology, particularly Information and Communication. Such an
objective conditions will in turn lead to new legal issues in the community, namely the
absence of law and the emergence of the legal gap between what the law in book with what
the law in action. The increasingly complex legal issues in related to be the establishment
of an ASEAN Economic Community (AEC) of 2015. The theory used to analyze is the
Jeremy Bentham’s Legislation Theory and the Theory of Legal Development from Mochtar
Kusumaatmadja. While the research method applied is normative legal research methods
with the statute, and conceptual approaches. The analysis shows that the convergence
paradigm namely universalistic particularism is appropriate used in law reform in
Indonesia. In addition, in order to provide a clear direction of Indonesian economic law
reform efforts in the context of the establishment of 2015 AEC, it is necessary to establish
the Indonesian Economic System in the national legislation.

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