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FILHUM UAS

1. Of course Indonesia culture got a donation towards the globalization, especially on


free market. Globalization is all about the world without boundaries. Ever since the
days before independence, Indonesia is already open the border with other countries
towards its sea. When there are a lot of its trade links in the region of the State that
made Indonesia as an archipelago. The island State is a State, which is entirely made
up of one, or more Islands can include other islands. Understanding of the
Islands are a cluster of Island, including parts of the island, including waters and
other natural form that has

little

to

do with

each

other

so tightly

that the

Islands waters and other natural form is an aggregation of geography, economics and
politics are essential,

or that

are considered histories so. The strategic location

of Indonesia that is open to the world made Indonesia as a country where people from
around the world come by for trading. A wealth of remarkable Indonesia is so
much, let's just say that's what spices invite Netherlands and European countries to
come to Indonesia. At that time, a Netherlands scholars, Hugo Grotius, who have so
much expertise

to the

end

of

his writing works on

theology, history, and,

in

particular, legal topics. At first, the influence of the roots of the Netherlands can be
seen clearly in his writing. For example, using many examples of history and law to
prove that the Netherlands has the ideal form of Government since the time of the
House

of Batavia,

or

that

the Netherlands has

the freedom

to utilize the

sea area because it is considered international waters (Mare Liberum). Things are
actually adapted from Indonesia, which was colonized by the Netherlands during 3.5
centuries,

so

the

name

Indonesia

covered

by

shadows

of

the

Netherlands. Hugo Grotius is actually inspired from Indonesia. Moreover about Mare
Liberum, or Freedom of the seas (Latin: mare liberum, lit. "free sea") is a principle
in the international law and law of the sea. It stresses freedom to navigate the oceans.
It also disapproves of war fought in water. The freedom is to be breached only in a
necessary international agreement. n 1609, Dutch jurist and philosopher Hugo Grotius
wrote what is considered the foundation of the international legal doctrine regarding
the seas and oceans Mare Liberum, a Latin title that translates to "freedom of the
seas", that is inspired by Indonesia. This doctrine become a fundamental principle for
WTO on regulating the international free trade

2.a. The legal system has many levels norm. The relationship between the norms
of the

highest with the

lowest norm is

called imputation relationship (zurechnung). Practical science normalogist or normati


ve science trying to find a relationship between two things or more based on the
principle of imputation, i.e. linking responsibility or liability) to define what should
be the

subject

of specific obligations in a

concrete situation. Both of

these

are not based on the principle of causality/reciprocity. The science of the law leads
to reflection on solving concrete problems in the community. Different from the
nature of the science of law as part of the empirical social sciences are studied
to predict the social process.
2.b.

According

to Hans Kelsen, imputation relation consists

of authorization and command. Authorization is the source or sources of law, which


is a

source of law. The

position

the stuffenbau theory which was


the Grundnorm (the

most

of the authorization is

also

introduced by

basic legal

norms).

the Pancasila. Pancasila which became

the

in the

top level of

Hans Kelsen namely


In Indonesia, the norm is

basis of the

legislation and

regulations under which, where the legislation or the regulations must not conflict
with

the Pancasila.

While

the laws

and regulations

of his command or the implementation of the authorization itself.


Before the new order era, Pancasila indeed plays as authorization, but along with the
rise of the new order, Pancasila has become the command because the public has been
given understanding about democracy and no longer implementing the pancasila as
the Supreme norm for having a moral consciousness that become their a way of life.