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What is Law ?
I. Definition from Dr. O. Notohamidjojo, SH : • Complex rules those written or unwritten; • Come into force to human behaviour in the society; • Valid in every environment in society life ( citizen in a state or between states); • The Purpose : to make justice and peace of life.
II. Definition from HMN. Purwosutjipto, SH : • The whole norm; • The man in Authority consider that law as a rule to enforce to a part or the whole member of society; • The purpose : to guarantee comfortable condition for him. III. This definition is the same with universal law definition.
Law definition is not important Why? • It can be misinterpretation or different definition; • Sometimes it’s not the same between the law as a theory with the law in action; • There are differences arguments and changes about law definition from the expert/professor at Law.
THE SCOPE OF LAW ( By : LOGEMAN ) • Private Scope : to who and whom the law come into force; • Period Scope : when the law come into force; • Territory Scope : The territory of law ( where the law come into force ) • Circumstance Scope : what things as an object of law.
Law definition from most of people : 1. 2. 3. 4. 5. 6. 7. 8. 9. Law as a knowledge Law as a dicypline Law as a norm Law as a legal science Law as a tools for a government Law as a decision of a government Law as a process of government Law as a constant behaviour/normal behaviour Law as a link of value
THE PURPOSE OF LAW • Basic purpose : to make an orderly and balances in society. • To divide right and duties • To divide competences • To arrange haw to solve legal problem • To maintaince the certainty of law
KIND OF LAW PURPOSE 1. Ethic Theory a. Geny : Just for justice. Content of law depend on our “ ethic concept ” about fair or not; b. Aristoteles : Distributive Justice. People get fairness depend on their education, character, wealthy, etc, from the man in authority; c. Commutative Justice The judge considers everyone has the same condition without think about their background.
2. Utilities Theory ( by Jeremy Bentham ) The law has purpose to give happiness for most of people. 3. Mixed Theory a. Mochtar Kusuma Atmadja Law is an orderly. The differences between content and size of law depend on society and period b. P. Purbacaraka & Soerjono Soekanto The peaceness and the calmness of individual c. Van Apeldoorn To arrange people with peaceness d. Soebekti To make prosperity and happiness for the people
SOURCES OF LAW 1. A MATEREEL MEANING Depend on the factors that formed it, example : • Economic Structure and Geologyst need of society ( natural resources, form of geologyst, development of corporate and job description). • The custom , constant and obeyed rule in a society
• • A. The rule that common and valid in society The rule of foreign law The conviction about religious and morality Law awareness FORMAL MEANING Depend on procedure or formula ( how it is made ) Divide to : a. Written formal : Act, Treaty and Jurisprudence b. Unwritten formal : decision of an author ( from the content, it has power to enforce people in society ).
DIVISION OF LAW 1. 2. 3. State Law : Constitutional Law Administration Law Civil Law A. Materiel : - Private Law - Materialism Law ( movable and unmovable material/ Agrarian Law ) - Contract/ Business Law - Family Law - Heritage Law B. Formal : HIR/RBG ( The Codes of Civil Procedure ) Criminal Law Materiel : The Criminal Codes Formal : The Codes of Criminal Procedure
4. International Law - Private To learn about relation with foreign elements - Public To learn about relation among nation or state between state/ international organization.
HIERARCHY OF REGULATION 1. 2. 3. 4. 5. 6. 7. 8. Constitution of 1945 Decree of House of People Act/ Government Regulation replaced the act Government Regulation Presidential Decree Ministrial Regulation Ministr Instruction Etc.