The differences between anglo-saxon with continental European

Anglo-Saxon legal system differences with continental European There are very fundamental differences between legal systems Continental (European) and Anglo-Saxon system hukun (U.S.). In the continental legal system, the philosophy appears on the repressive properties, which always tends to protect the powerful. This is understandable because of the powerful (then) was the colonial Dutch who obviously want to maintain and strengthen their power through a variety of law or legal system. Being Anglo-Saxon legal system in addition of course there is a repressive nature, but nature more emphasis is put on preventive properties. Article-an article of signposts to prevent the emergence of corruption in all its forms and manifestations. In addition to preventing the occurrence of white collar crime and corporate crime as well to prevent distortion, must provide protection for the public interest and not for the interests of individual persons, and ensure the participation and social control in a transparent and democratic. With the experience of the present multidimensional crisis, is not it is time to think seriously, to divert us to the Continental legal system Angl-Saxon law for the legal system of Indonesia's New in the future. Hopefully. (Cartono Soejatman) The fundamental difference with the Anglo-Saxon Continental is located on the device used legal and political systems that are used. 

Anglo-Saxon System Anglo-Saxon system is a system of law based on jurisprudence, the decisions of previous judges who later became the basis of subsequent decision of the judges. The legal system was implemented in Ireland, Britain, Australia, New Zealand, South Africa, Canada (except Quebec Province) and the United States (although the state of Louisiana uses the legal system has coincided with Napoleon's Continental European legal systems). In addition to these countries, some other countries are also implementing the Anglo-Saxon legal system mixture, for example Pakistan, India and Nigeria are implementing most of the Anglo-Saxon legal system, but also imposes customary law and religious law. Anglo-Saxon legal system, its application is actually much easier, especially in communities in developing countries because in accordance with the development zaman.Pendapat prakitisi legal experts and more prominent use by the judge, in deciding upon Anglo-Saxon is a region of interest. Anglo-Saxon name, since the 8th century commonly used to refer to residents of Great Britain, which is derived from the Germanic tribes Anglia, Saks, and Yut. Perhaps, in the year 400 AD they crossed over from East Germany and Southern Scandinavia to conquer the Celtic nations, then set up seven small kingdoms called Heptarchi. They dinasranikan between 596-655 AD Anglo-Saxon history was, by Theresa Tomlinson, appointed to the background story in the novel The wolf girl, a juvenile fiction about a brave girl named Wulfrun. Wulfrun son of a weaver, Cwen. They lived in the territory of Whitby Abbey, headed by Sister Hild. Every day, Wulfrun duty geese herding them with his best friend, Cadmon, a cow herder. Cwen young childless life is very poor. I was so poor, he was forced to sell his eldest son, Sebbi, as a slave. During this period, slavery was still common into something. Perhaps due to the ongoing war between the regions of mutually hostile. People there are divided into two: the free and the not free. History of Europe and North America became a reference for a case study the rise of the middle layer, which is better known as the middle class struggle during the 18th century and the end of the 19th century. Two models are proposed Francois Raillon, namely the model of Anglo-Saxon and Continental European models, interesting to observe. Anglo-Saxon model, which relies on historical experience Raillon too bourgeois Britain and the United States, is not always relevant to explain the possibility of political democratization and economic growth in developing countries. Too many menekanan given to the model "community" dealing with "state". Raillon tells us that the middle layer can grow and develop in the body life of the country, as the relationship between state officials and partners in the private sector. This model, he says, is more suitable to describe the growth of the middle layer, especially in the former French colonies, including Indochina. The debate about the Anglo-Saxon model or the Continental European model is too large in fact meaningless. However, both models were developed on the basis of the structure and nature of the world economy is far different from the economic development of the last 30 years. The world economy last 30 years (1966-1996) is far different from past economic, when the information revolution has not been growing rapidly. Because the environment is different so different trajectories role of foreign intermediate layer. The main difference is the middle layer are now more foreign tourists originate in the information economy or knowledge economy. In contrast to the pre-1966, motion economy in the world now rely more on the role of processing (information, services, technology) rather than economies of production and trade. This means the driver of the economy is mostly done by the speed and accuracy of processing than the processing of knowledge production and distribution of goods. Every day around U.S. $ 1.6 trillion in foreign exchange transactions processed, while the trade in manufactured goods (meaning making goods by hand) is "only" about $ 600 billion. This means the middle layer in most foreign countries is an expert brain processing rather than processing muscle. Then the middle layer of the present is no longer the merchants in the 1940s or 1950s who became owners of land, capital and labor. Indonesia is now more middle layer consists of the brain workers (engineers, lawyers, accountants, brokers stock market, a specialist). Their loyalty is to the skill of his profession, not to the particular company. On the other hand, Friedman did not analyze further that democracy is basically not a practical system for each country with the same recipe, which it is seen from the tradition of Continental and Anglo-Saxon. Even now wants France Nicholas Syarkozi more like American democracy. That is, the development of democracy closer to the trend of the relative or something to come and delayed, as revealed philosopher Derrida. Inability to see the nature and condition of the Middle East was the one that caused the failure of the American mission. Basically, the Middle Eastern societies reject the prestigious project of civilization toward democracy, and freedom, not because it contradicts the values, but rather is caused by American actions of permissiveness. In principle, no more heterofobia Arab society than America. The fundamental difference with the Anglo-Saxon Continental is located on the device used legal and political systems that are used. One area of ​​the law governing the rights and liabilities owned at the relationship between legal subjects and legal subjects. Civil law is also called private law or civil law as opposed to public law. If public law regulate matters relating to state and public interests (such as politics and the election (constitutional law), activities of daily administration (administrative law or administrative), crime (criminal law), then the civil law governing relations between residents or citizens of everyday life, such as maturity, marriage, divorce, death, inheritance, property, business activities and actions that are more civil. There are several legal systems prevailing in the world and the differences in legal systems also affect the field of civil law, among other Anglo-Saxon legal system (ie the legal system in force in the United Kingdom and Commonwealth countries or countries that are affected by the British, eg United States), the continental European legal systems, legal systems communist, the Islamic legal system and other legal systems. Civil law in Indonesia is based on civil law in the Netherlands, especially the Dutch civil law in the colonial period. 

Continental law system Continental European legal system is a legal system with the characteristics of the various provisions of codified law (compiled) systematically to be interpreted further by the judge in its application. Almost 60% of the world's population live in countries that adhere to this legal system.