构建民粹主义经济法理念

Safrin Salam, Rizki Mustika Suhartono, A. ImronRizki, Mustakim La Dee
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引用次数: 8

摘要

1945年的宪法确实包含了政治民主和经济民主的理念。也就是说,我们国家的最高权力持有者是人民,无论是在政治领域还是在经济领域。所有的政治和经济资源都由主权人民控制。然而,在一个建立起来的民主制度中,当然不是所有的政府都由人民直接控制。本研究的目的是在印尼经济法的基础上形成民粹主义经济法的概念,了解伊斯兰经济制度与传统经济制度在印尼经济法发展中的法律比较。本研究是规范性法律研究,是通过对法律法规的研究和学习来进行的。本研究采用的研究方法有2种,即法规法和概念法。结果表明,印尼基于民粹主义经济的经济法理念是通过经济法的4(4)个原则,即法律公正、利益的法律确定性和可负担规则来构建的,从而实现经济法的主要目标,即创造经济增长;印度尼西亚经济法发展中的伊斯兰经济制度与传统经济制度的法律比较是基于伊斯兰教法原则的伊斯兰经济,而传统经济是以人的意志为基础的。
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CONSTRUCTION OF THE CONCEPT OF BUILDING POPULIST ECONOMIC LAW
The 1945 Constitution does contain the idea of political democracy and at the same time economic democracy. That is, in the highest power holder in our country is the people, both in the political and economic fields. All political and economic resources are controlled by sovereign people. However, in a democratic system built certainly not all of them are directly controlled by the people. The purpose of this research  is  to formulate the concept of populist economic law based on economic law in Indonesia and to understand the legal comparison between Islamic economic system and conventional economic system in the development of economic law in Indonesia. This research is normative legal research that is conducted by researching and studying the laws and regulations. The research approach used in this study is 2 (two) namely statute approach and conceptual approach. The results showed that  the Concept of Economic Law Based on Populist Economy in Indonesia was built through 4 (four) principles of economic law, namely legal justice, legal certainty of benefits and affordable rules so as to realize the main goal of economic law, namely creating economic growth, balanced equality and welfare  while the Comparison of Law Between Islamic economic system and conventional economic system in economic law development in Indonesia is Islamic economy based on sharia principles while conventional economy based on human will.
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