Lecturer S.H., M. Hum. TAUFIQURRAHMAN, PhD2
A reality that ca nnot be denied that the laws of Indonesia a pplicable today,
especially regarding internationa l tra de tra nsactions, are less conducive to the changes.
This can be under stood beca use the law that in fact is a lega cy of the Dutch colonial
government has not been changed a t all, but the dynamics of the community continue to run
endlessly. Changes in society increasingly run quickly along with the p rogress achieved in
the field of Science and Technology, particula rly Information a nd Communication. Such an
objective conditions will in tur n lea d to new lega l issues in the co mmunity, na mely the
absence of law a nd the emergence of the legal ga p between what the law in book with what
the la w in action. The increa singly complex legal issues in r elated to be the establishment
of an ASEAN Econo mic Community (AEC) of 2015. The theor y used to a nalyze is the
Jeremy Bentham’s Legislation Theory and the Theory of Legal Development from Mochtar
Kusumaatmadja. While the research method applied is normative legal r esearch methods
with the statute, and conceptual approa ches. The analysis shows that the convergence
para digm namely universa listic par ticularism is appro priate u sed in law reform in
Indonesia. In addition, in or der to provide a clear direction of Indonesian economic la w
reform efforts in the context of the esta blishment of 2015 AEC, it is necessary to establish
the Indonesian Economic System in the nationa l legislation.
Keywords : Pa radigm, Par ticularism, Convergence, economic law, Indonesia.
JEL Classification: K20, K22, K33
In to the results of the 9th Summit Association South East Asian Nations
(ASEAN) 2003 in Bali, the ASEAN Heads of State adopted the Declaration of
ASEAN Concord II, which approved the establishment of the ASEAN Community
in the frame of ASEAN Vision 2020, namely the ASEAN Political-Security
Community (APSC), ASEAN Economy Community (AEC) and the ASEAN
Socio-Culture Community (ASCC). Special AEC, the ASEAN Heads of State in
1 This article had been presented at the International Conference on Law, Policing and Justice held by
the World Academy of Science, Engineering and Technology in Paris – France on 29-30 August
2 S.H., M. Hum. Taufiqurrahman - Law Faculty of University of Wijaya Putra, Surabaya, Indonesia.
In addition, he is also an Advocate at th e TNA Law Office. He is active in some profession’s
organizations, namely Indonesian Bar Association and Indonesian Advocate Association of
Surabaya. Now, he takeholds of a member of the Honorary Board of the East Java Province
Indonesian Advocates Association.