The Concept of Civil Law in the Renewal of the Law of People, Family, and Marriage in the Frame of Pancasila (Perspectives of Islamic Law)

DOI

10.2991/978-2-38476-024-4_45How to use a DOI?

Keywords

Civil law; Renewal of People’s Law; Family; Marriage; Pancasila

Abstract

In the framework of national law development, an effort to reform civil law is needed that is directed and integrated, especially in the field of law of people, families and marriages within the framework of Pancasila in order to support development in various fields in accordance with development demands, as well as the level of legal awareness and dynamics that develop in society. The problem is how is the concept of civil law in the renewal of the law of people, families, and marriages in the frame of Pancasila (Islamic legal perspective)? This research uses a normative juridical approach, the data collection is emphasized on the source of primary legal material, in the form of laws and regulations with a study of legal rules and legal science theories. The nature of Islamic family law has a bidimensional nature, a just nature, an individualistic and societal nature gives a position to humans as individuals and family groups in a society. The formulation of its legal norms can adopt the provisions of the Civil Code so that the gap between the law and society never occurs. However, in the formation of national civil law, the values of Pancasila became the basis for the formation of national law.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Yulies Tiena Marsiani
AU  - Markus Suryoutomo
PY  - 2023
DA  - 2023/04/19
TI  - The Concept of Civil Law in the Renewal of the Law of People, Family, and Marriage in the Frame of Pancasila (Perspectives of Islamic Law)
BT  - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
PB  - Atlantis Press
SP  - 447
EP  - 463
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-024-4_45
DO  - 10.2991/978-2-38476-024-4_45
ID  - Marsiani2023
ER  -