Responsive Legal Approach to Law of Human Trafficking in Indonesia

Formation and legal changes influenced by the social and political dynamics. Law understood as the rules are rigid and too much emphasis on the legal aspects of the legal system or emphasize aspects of the legitimacy of the rules themselves, without associated with social problems. A Responsive lega...

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Bibliographic Details
Main Author: Farhana Farhana
Format: Article
Language:English
Published: Journal of Social Studies Education Research 2018-03-01
Series:Journal of Social Studies Education Research
Subjects:
Online Access:http://jsser.org/article/view/5000214897/5000183672
Description
Summary:Formation and legal changes influenced by the social and political dynamics. Law understood as the rules are rigid and too much emphasis on the legal aspects of the legal system or emphasize aspects of the legitimacy of the rules themselves, without associated with social problems. A Responsive legal approach is an approach the legal establishment who consider that the law as a facilitator of various responses to social needs and aspirations so that the function of the law is not just to achieve procedural fairness, but to serve as a facilitator of the response to the needs and aspirations of the community. Therefore, whether the Act No. 21 of 2007 on the Eradication of Trafficking in Persons is responsive. Objective discussion of this problem is to explain and analyze the Law No.21 of 2007 with responsive legal approach. The method used is the normative method with primary law material and secondary law. Law No. 21 of 2007 on the Eradication of Trafficking in Persons not purely responsive, because not yet meet all the characteristics of the type of responsive law. Procedural justice has been achieved but justice has not been achieved and necessary substance formulation objective of sentencing objective and authoritative for the trade laws that are adaptive.
ISSN:1309-9108
1309-9108