Law in the Globalization and Its Influence on Economic Development and Environmental Preservation based on Pancasila and the Indonesian Constitution of 1945

DOI

10.2991/icglow-19.2019.78How to use a DOI?

Keywords

Legal System, Globalization, Natural Resources Preservation, and Environmental Functions.

Abstract

Economic globalization has a great influence on the legal system because globalization demands the globalization of law. The globalization of the law is not only based on international agreements between nations, but also an understanding of the legal and cultural traditions between west and east. However, the role of law in economic development and natural resource management in globalization and modernization is still being debated. The results of the discussion explained that: first, the effect of globalization caused the sovereignty of the state to be neglected, the strength of the state weakened along with the submission of the state to international institutions, such as the WTO with its free-market agenda, forcing the state not to protect the basic rights of citizens towards natural resources and the environment; secondly, efforts that can be made in the context of developing of national legal system, namely the regulation of economic law, must pay attention to the legal interests of various related sectors in a balanced method; Third, the concept of the Indonesian legal system that should be developed at this time is the concept of legal development based on the substantial value of the Pancasila and the Indonesian Constitution of 1945, namely a legal system that emphasizes the principle of community or family, which places more emphasis on the rule of moral than the rule of law only.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Waluyo
AU  - F. Ulfatun Najicha
AU  - Sapto Hermawan
PY  - 2019/10
DA  - 2019/10
TI  - Law in the Globalization and Its Influence on Economic Development and Environmental Preservation based on Pancasila and the Indonesian Constitution of 1945
BT  - Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019)
PB  - Atlantis Press
SP  - 317
EP  - 321
SN  - 2352-5398
UR  - https://doi.org/10.2991/icglow-19.2019.78
DO  - 10.2991/icglow-19.2019.78
ID  - 2019/10
ER  -