PERBANDINGAN KONSEP DAN IMPLEMENTASI HUKUM PROPERTI DI INDONESIA DAN AMERIKA MENURUT PANDANGAN ROSCOE POUND

Abstract

Roscoe Pound's views on Indonesian and American property law. American jurist Pound stressed the necessity of understanding legal systems' social and economic background. Comparing the two countries' property laws emphasizes property's role in society and its legal structures. Property definition, classification, and rights are examined in the study. It also examines property law in both countries, including acquisition, transfer, and enforcement. The comparison aims to reveal how legal systems affect society and inform the creation of more effective and fair property laws. In Indonesia, property law is based on a complex legal system that includes customary law and national positive law. The implementation of property law in Indonesia is often affected by factors such as local customs and legal interpretations that sometimes differ between regions. In the United States, property law is rooted in common law principles and contract law, with a more structured system that often relies on the courts for dispute resolution. This comparison illustrates the differences in property law approaches between the two countries, as well as the factors that influence the implementation and development of property law in each legal context.