Understanding Of Law
UNDERSTANDING THE LAW
A law is a man-made system to limit human behavior that human behavior can be controlled, the law is the most important aspect in the implementation of a series of institutional power, law has a duty to ensure legal certainty in the community. Therefore any masyarat entitled to have a defense before the law so that it can be interpreted that the law is the law or the provisions of the written and unwritten that govern people’s lives and provide sanctions for violators.
PURPOSE OF THE LAW
The purpose of law has universal properties such as order, tranquility, peace, prosperity and happiness in the governance of society. With the law, each case can be resolved through litigation with prantara judge under the provisions of applicable law, but it aims to maintain the law and prevent any person can not be a judge of himself.
TYPES OF LAW IN INDONESIA
The law can be generally divided into two, namely the Public Law and Private Law. The criminal law is public law, meaning that the criminal law governs the relationship between the individual with society and society is only applied when it is really needed.
Van Hamel, among others, stated that the Criminal Law has evolved into Public Law, where implementation is entirely in the hands of the state, with a few exceptions. Pengeualiannya is against offenses complaint (klacht-delicht). Which requires the existence of a complaint (klacht) in advance of the injured party that the state can implement it.
Then the Criminal Law at the present time see the special interests of the individual is not a major problem, with the weight of Criminal Law laintitik word is in the public interest / public. The relationship between the victim was not by mistake with the relationship between aggrieved by an adverse as in the Civil Code, but that relationship is between the guilty and the Government are to ensure the public interest or the interests of society as a hallmark of Public Law.
Examples of Private Law (Civil Law)
Civil law in the broad sense (civil law and commercial law)
Civil law in the narrow sense (civil law only)
Interpreted in a foreign language:
a) civil law: Privatatrecht or Civilrecht
b) Civil law: Burgerlijkerecht
c) Legal trade: Handelsrecht
Examples of law Public Law
That set the shape and composition of a country and power relations anatara lat-fittings countries to each other and the relationship central and local government (LG)
Administrative Law (Administrative Law),
set how to perform a task (rights and obligations) of power equipment in the country;
set a prohibited act and provide criminal to anyone who violates and regulate how to take the case to court (criminal dilmaksud herein including procedural law as well). Paul Schlten and Logemann considers criminal law and not public law.
International Law (Civil and Public)
a) The International Civil law, the law that governs the legal relationship between the citizens of a nation with citizens from other countries in international relations.
b) International Public Law, regulating relations anatara one country to country and in international relations.
Various Legal Division
1.According to source:
Law legislation, the law contained in legislation.
Customary law, the law that is located in the customs regulations.
Treaty law, the law that established by states of a treaty country.
Law jurisprudence, the law that formed because of the judge’s decision.
Legal doctrine, the law that is formed on the opinion of a person or persons renowned legal scholar in the science of law.
2.According to shape:
Written law, the law that included the various laws
Unwritten law (customary law), the law that is still alive in people’s beliefs, but not written, but adhered to the enactment of such a legislation.
3.According to point of entry into force:
National law, the law that applies in the State.
International law, namely the law governing relations in the world of international relations.
4.According to validity:
Ius constitutum (positive law), which current law for a given society in a given area.
Ius constituendum, the law that are expected to apply in the future.
Human law (natural law), the law that applies everywhere in all times and for all peoples in the world.
5. By way of preventing it:
Material law, the law that contains regulations governing the interests and relationships that intangible commands and prohibitions.
Formal law, the law that contains the rules governing how to implement the law material
6. By its very nature:
Laws that force, which is legal under any circumstances have absolute compulsion.
Governing law, the law that could be set aside if the parties concerned have made their own rules.
7.According to his form:
Objective law, the law of a State applies in general.
Subjective law, the law arising from the law objectively and applicable to specific people or more. Also called rights.
8.According to contents:
Private law, the law that governs the relationship between people with each other by focusing on individual interests.
Public law, the law that governs the relationship between the State with their fittings ata relations between States with citizens.