The Law : Source of Legal Theory

 The Law

Source of Legal Theory

Legal theory draws its inspiration from legal academics' perspectives on the law and their interpretation of a law according to the logic they follow or maintain while using it to define the meaning of the law.

As outlined by Radbruch, who advanced a legal theory to clarify the many values and tenets of law up to its most fundamental philosophical premises.

Another example is given by Hans Kelsen, a professor of pure legal theory, who claims that pure legal theory is a general theory of law that both attempts to explain how existing laws are produced and fails to do so.

He added that the theory is known as a pure legal theory because it only considers the knowledge or cognition found in the law itself and because it purges the science of law of anything that is not the object of knowledge or cognition that is really determined to be the law. foreign substances are present.

Karl Marx, who lived throughout the current industrial revolution, also asserted that the current legal system serves as a justification for a particular social class. The "those who have" who own capital are the only individuals whose interests the current legal system supports.

He proposed the well-known view that law exists throughout the infrastructure and superstructure. The in issue infrastructure is a product of local economic interactions. The superstructure in question, meantime, consists of non-economic social structures, including the legal system, the political order, the cultural norms, and many others.

That explains legal theory in terms of the methodological development that was done in light of the foundation and history of studying law more widely.

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The Law : Features of Legal Theory and Legal Theory's Uses

 The Law

Features of Legal Theory

Following are inferences that can be made about the attributes of the legal theory based on the above description and comprehension of the legal theory.

a). The first characteristic is a way of thinking about law called legal theory.

b). Legal theory is used to find everything about law, which is the second characteristic.

c). The third trait is legal theory, which is a science that investigates what constitutes the law.

d). The question of what the components of the current legal system are is addressed by the fourth feature, legal theory.

e). The legal theory does not create a permanent law, which is the sixth characteristic.

f). The sixth characteristic is that the foundation or content of legal theory comes from the study of law.

g). Legal theory, the sixth trait, is a subset of legal theory.

h). The eighth characteristic is that legal philosophy reflects a legal strategy.

i). Legal theory, the eighth characteristic, is a style of how lawyers discuss the law.

j). The tenth characteristic is the employment of legal theory with non-juridical technical language to explain law from a non-juridical technical perspective.

k). In the eleventh feature, problems about the applicability of logical interpretation approaches are raised using legal theory.

l). The twelfth trait, legal philosophy, covers the factors and justifications used by legal professionals.

m). Legal theory does not care about the best answer, which is the thirteenth characteristic.

n). The fourteenth trait, legal theory, is utilized to analyze the factors that legal experts take into consideration as well as develop into an instrumentarium used by legal professionals.

Legal Theory's Uses

With an interdisciplinary and external perspective, legal theory, a distinct field that lies between dogmatism and legal philosophy, critically examines various legal phenomena on their own and in the context of the whole.

The objective of legal theory is to both explain diverse legal developments and attempt to offer an evaluation of them. The study of positive law itself continues in the form of legal theory. Positive law is utilized as study material where legal theory is used, and philosophical studies are employed to help explain the law.

This also applies to the theoretical concept of legal theory and how it relates to the whole. Both in its theoretical concept and in its practical application, legal theory aims to gain a better understanding of and offer the most concise justification for the law that actually exists in social reality.

1. The legal theory's urgency has the following applications.

Through the interpretation of a meaning or understanding, a condition or a legal element of a legal event, as well as the hierarchy of powers that exist in the rule of law, legal theory is used to explain the law.

An existent legal occurrence is evaluated using legal theory.

Legal theory is employed to make predictions about future events.

2. Radbruch claims that legal theory also contains obligations, specifically:

The many values and postulates of law are explained using legal theory to the greatest philosophical foundation.

3. Kelsen also lists the following applications for legal philosophy.

Legal theory serves to lessen confusion and plurality so that it might become a unity.

4. According to Mochtar, there is also the usage of legal theory. In particular, the development law theory that has received a lot of attention is as follows.

a). Based on an examination of the characteristics and culture of the Indonesian people, the theory of development law that exists today is a legal theory. The legal theory of growth was thus born, expanded, and developed in accordance with the circumstances in Indonesia through the use of the already-existing dimension benchmarks. In essence, if it is used in a manner that is consistent with the circumstances and demands of Indonesia's multicultural society.

b). The theory of development law uses a frame of reference on the way of life or the view of life of the people as well as the Indonesian nation, both of which are based on the Pancasila principle and have a familial relationship to the norms, principles, institutions, and rules that are currently present in the theory of development law. structure, culture, and substance are all included in the dimension that is relative and already exists.

c). The idea of development law essentially lays the groundwork for legal procedures utilized as a means of community renewal, or what is known as law as a social engineering instrument, as well as for law as a system that is essential for the Indonesian nation, which is a developing country.

The distinction between legal theory and legal philosophy is made in the book Legal Theory by Prof. Dr. Peter Mahmud Marzuki, S.H., M.S., LL.M. He also discusses how developing laws must be based on legal principles in his book, which you may read below.

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The Law : According to Experts, Understanding Legal Theory

 The Law

According to Experts, Understanding Legal Theory

To be more specific, the theory of law itself lacks a clear definition. However, a few ahli have expressed concern about their views on the discipline of hukum theory, as shown below.

1. Hans Kelsen

According to Hans Kelsen, hukum theory is a body of knowledge about current hukum, not just the hukum that is required. According to him, the most important aspect of hukum theory is murni hukum, which is also sometimes referred to as positive hukum theory.

Teori hukum murni atau teori hukum positif yang dimaksud karena hanya menjelaskan hukum serta berupaya untuk membersihkan objek penjelasan dari segala hal yang tidak ada sangkut paut dengan hukum. Hans Kelsen also explains what the law is and how it came into being as a theory.

2. Friedman

According to Friedman, legal theory is a discipline that investigates the fundamentals of law and establishes a connection between legal philosophy and politics.

Because it is a scientific discipline with an autonomous nature, the field of legal theory as it currently exists does not have a space to develop into an independent science.

3. Ian McLeod

Ian McLeod also shared his thoughts on how to define legal theory. He asserts that legal theory serves as a manual for the systematic theoretical examination of numerous fundamental characteristics of laws, regulations, and legal institutions in general.

4. John Finch

John Finch defines legal theory as a study that incorporates the fundamental traits that exist in law and customs that have universal traits that exist in a legal system in order to assess the many fundamental components that characterize it as a law and set it apart from other laws.

5. Mark van Hoecke and Jan Gijssels

Legal theory is described by Jan Gijssels and Mark van Hoecke as a science with the function of explaining and explaining the law. Legal theory itself can be seen as a material discipline that, as it develops, is greatly influenced by and connected to general law.

According to Jan Gijssels and Mark van Hoecke, the general law teachings currently in use can be categorized into the two categories below.

a). Legal theory is a development of broad legal teachings that have distinct discipline goals, such as legal dogma on the one hand and legal philosophy on the other. In addition to serving as a supplement to legal philosophy and legal dogmatics, each of which has its own domain and significance, legal theory has evolved to be acknowledged as a third discipline.

b). Legal theory is also seen as an a-normative science with no inherent values, which distinguishes it from other subjects.

6. Bruggink

Legal theory is defined by Bruggink as all propositions that are connected to one another by the conceptual framework that underlies the rule of law and legal judgments. A constructive use of the system is extremely crucial.

Bruggink defines legal theory as both a process and a product, which gives his interpretation of the term a dual meaning.

7. Sidharta

According to Arief Sidharta, the theory of legal science, or rechtstheorie in general, can be characterized as a scientific or legal discipline that, when viewed from an interdisciplinary and external perspective, can be critically used to analyze various legal phenomena, both individually and collectively, both in terms of theoretical concepts as well as practically, with the aim of gaining a better understanding and being able to provide as clear an explanation as possible.

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The Law : Acquiring knowledge of legal theory

 The Law

Acquiring knowledge of legal theory

Legal Theory by Abintoro Prakoso, which also covers significant legal theory topics you should be aware of, describes how legal theory was originally established in 1926 and how it later progressed in the 1930s.

The three legal theory disciplines can be categorized into one of the following three groups based on the knowledge and opinions of the experts mentioned above.

Legal theory and legal philosophy share the same definition.

Legal philosophy differs from legal theory in its significance.

Legal science is another name for legal theory.

Lili Rasjidi and Ira Thania Rasjidi attempt to differentiate between legal theory and legal philosophy in the statement above. They consider legal theory to be a discipline that investigates the fundamental purpose and current frameworks of the law.

The fundamental comprehension can take the form of legal issues, legal proceedings, or other concepts with broad and specific definitions. This fundamental knowledge is crucial for comprehending both the negative legal system and the legal system in general.

They also describe the legal philosophy, which represents the goals and procedures of different branches of the study of law.

The two main schools of thought in legal theory are inherently at odds with one another but share a common reality. Here is how these two points of view are explained.

1. of these three arguments, which assert that law as a system has predictable principles from proper knowledge of the system's current state, that the behavior of the system is then determined by the smallest parts in the system, and that legal theory can explain about the issue as it is without having to do with people or observers, supports the view. This exemplifies a realistic, deterministic, and reductionist understanding of legal theory.

2. perspective holds that law is not a rigidly structured system but rather something that deals with irregularity, is unpredictable, and the interpretation of the law by an individual or outside observer has a significant impact on the law. People who have studied sociology and postmodernism, who often believe that everything changes constantly in both small and large scales and through evolutionary or revolutionary processes, frequently express this viewpoint.

Legal academics emphasize three fundamental features of legal theory, which are as follows, in accordance with the expansion of current jurisprudence:

a). Existent institutions must work to imitate the existing natural law, which is the notion that there is an unchangeable law that exists and governs us.

b). Analytical Jurisprudence is a branch of law that examines the meaning of law, the standards by which laws are judged to be valid, the connection between morality and the law, and other related issues as discovered by legal philosophers.

c). The topic of normative jurisprudence is what the law ought to be. Along with concerns like why people should obey the law, why breaching the law is penalized, how to use and apply applicable regulations, and how judges resolve disputes, it also draws on moral and political ideologies.

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The Law : Human Rights (HAM) Types and Examples

 The Law

Human Rights (HAM) Types and Examples

Human rights come in a variety of forms, according to Law Number 39 of 1999 regarding human rights, including:

1. Life is a Human Right

Examples of human rights to life include the rights to life, life defense, and welfare improvement. Every person has the right to a safe and healthy environment, as well as the right to a sense of security, peace, tranquility, and inner and exterior prosperity. This is another illustration of the human right to life.

2. Family and Continuing Descendants' Rights

There are many examples of how human rights relate to starting a family and having children later on, including the right for every person to do so freely and the right to bear children through a valid marriage. If the intended husband and intended wife have satisfied with the relevant legal requirements, whether they be state law or religious law, the marriage is recognized as valid in this situation.

3. Self-Development Rights

Every person has the right to proper self-development. The right to self-development as a result was established. Every human being has the right to communicate and obtain information in accordance with his or her requirements, as well as the right to experience the positive effects of knowledge, technology, art, and culture. The right to self-defense is the final illustration of the right to self-growth, which each and every person has in order to pursue his or her own personal or collective development.

4. Right to Justice

In order to prevent prejudice against certain people or groups, every human being has the right to receive equal justice in the eyes of the law. There are many examples of the right to seek justice, such as the presumption of innocence or a person's right not to be judged guilty if there hasn't been a conclusive legal ruling from the court. Additionally, from the beginning of an investigation until the conclusion of a court case, every person has the right to legal representation.

5. The right to individual freedom

Every person has the ability to decide which freedom they will pursue in daily life. As long as it does not cause harm to oneself or to others, this freedom will still be permitted. Examples of the right to personal freedom include the freedom for each person to choose his or her own nationality, political affiliation, and religion, as well as the freedom to express their beliefs.

6. The right to security

Everyone has the right to feel secure in their lives, which will make them more at ease. People have the right to defend themselves and their families, to be free from cruel acts (such as torture and assault), and not to be detained, imprisoned, forced, or thrown away. These are just a few examples of the right to a sense of security. arbitrarily.

7. Welfare Rights

Humans have the right to welfare since these human rights exist. When people can live in affluence, their lives can function effectively. No one may seize by force or deprive another person of their essential rights in conjunction with this right to welfare. One example of a welfare right is the right of every person (male or female) to obtain employment that is in keeping with human dignity and the right to select a profession in line with their preferred field.

8. The right to take part in politics

Indonesia, which upholds a democratic form of governance, grants its citizens the opportunity to express their opinions and select their own political affiliations. As a result, the right to participate in government is established. For instance, everyone has the right to be appointed as an official or to hold a position in the government, everyone has the right to voice his opinion regarding the functioning of the government, and every citizen has the right to vote.

9. Women's Rights

In accordance with Law Number 39 of 1999, women have rights. Some instances of women's rights include the right to particular protection while doing their duties, the right to choose careers that adhere to rules and regulations, and the right to choose their nationality (after being married to a foreign man).

10. Rights of Children

Every kid born today has the right to be protected by their parents, their families, their communities, and the government. Examples of children's rights include the right for every child to receive a name and citizenship, the right for every child to practice their religion, think for themselves, and express those thoughts under the supervision of a parent or guardian, and the right for every child to receive legal protection from all forms of violence, whether they be mental or physical.

Based on Law Number 39 of 1999 covering Human Rights, they are the 10 categories of Human Rights that we are aware of. Knowing the many categories of human rights will make it simple for us to organize them.

Different Human Rights The Universal Declaration of Human Rights states (UDHR)

The Universal Declaration of Human Rights (UDHR) lists five different categories of human rights, including:

1. Individual rights (related to individual needs)

2. Legal rights (related to legal protection)

3. Rights civil and political (related to freedom of political choice)

4. Rights to subsistence (related to resources to support life)

5. Cultural, social, and economic rights

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The Law : Characteristics of Human Rights (HAM)

 The Law

Characteristics of Human Rights (HAM)

Following a discussion of the constitution's and experts' definitions of human rights (HAM), this section will focus on the traits of human rights (HAM).

1. The importance of human rights

First and foremost, human rights are inherent, which means that they belong to every human being and are bestowed upon them at birth. Each and every human must uphold the fundamental rights that are already held by other people. It is conceivable that harmony amongst humans can be well created if people can appreciate and support one another.

2. Universality of human rights

The second attribute of human rights is that they are universal, which means that they apply to all people regardless of where they are from in the globe. The background in question here includes things like gender, religion, socioeconomic class, race, and ethnicity. In other words, having human rights can lessen the likelihood of conflicts arising from differences.

3. Individuals have unalienable rights.

Human rights are inalienable, which is their third defining quality. The basic rights that humans have been endowed with since birth cannot be transferred to or taken away by others, according to this attribute of human rights. It is quite simple for people to engage in conflicts that could damage the individual and his surroundings if basic human rights are violated by others.

4. The Universality of Human Rights

The fourth attribute of human rights is that they are unalienable, which means that everyone has the same legal standing to exercise their civil, political, economic, social, and cultural rights. People would believe they are being treated unfairly if human rights are divided up as they do not receive the same rights as other people.

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The Law : Understanding Human Rights (HAM)

 The Law

Understanding Human Rights (HAM)

It is our responsibility as God's creatures to uphold and protect humankind's ability to live in peace and prosperity. This must be done to preserve environmental harmony and to improve the prosperity and decency of human life. As a result, every human being is born with some fundamental rights. In order for there to be more peaceful interactions between people, these fundamental rights must be recognized, treasured, and defended. They should also not be seized or imposed by others.

Human Rights is a term used to refer to the fundamental rights that all people have (HAM). Despite the fact that every human being is already endowed with human rights, every individual must work together to preserve society, the nation, and the state.

These fundamental human rights, which are recognized by law and are guaranteed to all people, can force people to respect and value one another. According to the following definition of human rights as outlined in Law Number 39 of 1999 respecting Human Rights: "As creatures of God Almighty, humans have a set of rights that are fundamental to their nature and existence. These rights are His gifts and must be honored, protected, and cherished. For the purpose of honor and the preservation of human dignity, every person is safeguarded by the state, the law, and the government."

Due to the fact that the United Nations has recognized and safeguarded human rights, they are applicable to everyone worldwide (UN). According to the KBBI's definition of human rights, these are rights that are guaranteed on a global scale (i.e., by the UN Declaration of Human Rights), including the right to life, the right to independence, the right to own property, and the right to free speech.

As a result, these fundamental rights can shield people from various forms of deliberate torture. However, if people do not uphold their responsibilities, namely to protect and adequately defend one another, then human rights will not function well or be enforced.

Experts' Understanding of Human Rights (HAM)

The idea of human rights is also mentioned by several specialists (HAM). According to a number of experts, human rights are as follows:

1. Peter R. Baehr 

According to Peter R. Baehr's book Human Rights in Foreign Policy, human rights are fundamental freedoms that are inherent to every person and are employed for their growth. These fundamental freedoms are absolute in nature. and is unquestionable.

2. John Locke.

Speaking of John Locke is essential while discussing human rights. According to John Locke, who quoted from The Second Treatise of Civil Government and a Letter Concerning Toleration, human rights are privileges bestowed upon people by God and include the right to life, liberty, and the pursuit of happiness.

3. A.J.M. Milne

Human rights, according to A. J. M. Milne, are rights that every person has in the world regardless of their background, including their religion, nationality, gender, ethnicity, social and cultural affiliations, and their economic situation.

4. G.J. Wolhoff 

According to a quote by G.J. Wolhoff from the book Introduction to Constitutional Law of the Republic of Indonesia, human rights are rights that are inherent in people and are tied to them from birth. Because taking away these rights could result in people losing their position, they must always remain in humans and should never be removed.

5. Austin Ranney 

According to Austin Ranney, human rights are an area of freedom that belongs to each individual, is governed by the legal constitution, and has its execution ensured by the state or the government.

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The Law : Legal Sectors

 The Law

Legal Sectors

Law is broken down into a number of categories, including criminal law, also known as public law, civil law, sometimes known as private law, constitutional law, international law, common law, and environmental law. Each legal discipline is described in the section that follows.

1. Criminal Law

Criminal law is a set of rules that establishes what behaviors are illegal and so considered to be criminal offenses. Sanctions that may be imposed for breaking the law are also governed by criminal law.

A nation's applicable laws include its criminal law. Criminal law does not create new norms; rather, it incorporates norms from other fields.

Written and unwritten law form the foundation of criminal law. There isn't a criminal code in place in Indonesia yet. As a result, Indonesia still upholds criminal law, which dates back to the colonial era.

The Criminal Code is organized into three books: Book I covers general rules; Book II covers offenses; and Book III covers infractions.

Criminal law violators may face the following penalties:

a). Death punishment 

Countries that have abolished the death penalty, like the Netherlands, do not use it. Although there are still numerous advantages and disadvantages to the death sentence, Indonesia still uses it.

b). A prison term

There are two types of imprisonment: life imprisonment and incarceration for a limited time. Minimum one year and maximum twenty years in prison. The prisoner must serve out the remainder of his sentence in confinement and must do the required job.

c). A fine or penalty

The offender has the option of choosing between paying a fine and serving time in jail. The punishment in prison is not as severe as one in jail. If the crime was not too serious, a jail sentence is given. The maximum term of confinement is six months.

d). closure punishment

Political considerations lead to the imposition of captive sentences on those who have committed crimes. An additional criminal penalty is imposed by this final clause.

2. Civil Law 

The rights and obligations of an individual with a legal entity are governed by civil law. Even legal authorities initially used the phrase civil law in Dutch.

The Burgerlijk Wetboek, sometimes known as the Civil Code, is the source of civil law. Roman civil law, which was imposed on Europe, has a connection to the history of civil law in Indonesia.

French civil law is the source of Dutch civil law. It was regarded as a nearly faultless law at the time. There are two codifications that contain this private law that is applicable in France.

Even though they were still in effect 24 years after Dutch independence, the two codification laws were enforced in the Netherlands when it was under French authority. Following that, the Netherlands started to write a civil law law book.

The chapters of the civil code are as follows:

a). This chapter governs the law's application to persons, including their families.

b). This chapter governs all issues pertaining to the law of property and inheritance in terms of material matters.

c). This chapter governs all rights and obligations with regard to engagements between individuals, as well as those with legal bodies and particular parties.

d). This chapter governs all forms of evidence and their legal ramifications.

3. Law of the Constitution

Constitutional law is the rule of a certain relationship that has developed over time and is governed by another rule known as the state. So, the state is involved with constitutional law.

The state is a subject of international law in this context. The state is a recognized legal person in private law and is governed by the law. a nation has independent exterior ties, controlled by laws that formally control inter-state relations.

The primary law that establishes governmental institutions, confers authority, and governs interactions with individuals is the constitution. This is a component of constitutional law that uses the government to regulate relationships. in particular the interactions between various government organizations. Unless we discuss the distribution of power tools to citizens, interactions with citizens typically fall under the purview of administrative law.

Not every nation has a written constitution. However, nations without a constitution typically have a jus commune, also referred to as country law. There are several mandatory and consensus rules in domestic law. These laws cover conventions, judge law, customary law rules, and global standards.

4. International Law

All international actions are subject to international law, which governs all of these activities. The only original definition of international law was that it applied to interstate relations.

International interactions have grown more intricate as they have evolved, though. International law also governs the composition and conduct of individuals, multinational corporations, and other international organizations. A body of laws made up of binding state-binding regulations can be characterized as international law.

There are numerous patterns and manifestations of international law. There is regional international law, which is the type of international law that is relevant to the region in which it is used, such as the international law between the United States and Latin America.

It also governs the idea of safeguarding marine biological diversity. While the European Convention on Human Rights is an example of special international law, which only applies to specific nations.

A number of sovereign and independent nations make up the international community, which is the foundation of international law. What is intended is a nation that is independent or not ruled by another nation. States, international organizations, and private citizens are all included in the legal subject of international law.

5. Customary Law

Illegal law is known as customary law. This is so because there are no written laws. He must retire from his post because the majority of the DPR no longer trusts him, which is an example of customary law.

Although not expressly stated in the law, this regulation nonetheless exists. Although this minister is not required by law to resign, it is a frequent practice in national politics.

The rules are passed down verbally from generation to generation, or from generation to generation, which is a defining feature of customary law. Customary law can regulate a wide range of topics, including ownership, community interactions, inheritance, marriage rights and obligations, and more. Neighboring rights and devolution are two instances of customary law that is upheld in numerous nations.

According to the law, a customary law is a statute or regulation that occasionally results from long-standing customary practices. As a result, it is a source of law. When customary law does not clash with other laws, it is recognized by the courts and can be used to supplement the law.

6. Environmental Law

Environmental law is the body of legislation that governs the structure of the environment and all of its objects. In addition, environmental law governs the circumstances that surround people who are impacted by the environment.

Economy, ecology, and society are the three pillars of environmental law that must be upheld. The idea of a protracted development will be born from these three strong pillars.

Aspects of environmental management, environmental protection, environmental health, human health, spatial planning, regional autonomy, sectoral aspects, environmental internationalization, and law enforcement are all covered under the field of environmental law.

Law No. 32 of 2009, which governs environmental law in the State of Indonesia, was passed in 2009. Environmental protection and averting environmental harm are likewise governed by Law No. 32.

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The Law : Legal Purpose, Legal Function, Legal Element

 The Law

Legal Purpose

The community is an actor, not a tool or object, with expectations that its demands and interests will be met. These are the laws objectives:

1. The goal of the rule of law is to defend human interests from dangers.

2. Human disputes are predicted to be avoided by regulating human interactions in order to establish order.

3. Individual or collective human interests are protected by law. In essence, people are creatures that also need to defend their interests in order to do so against external threats.

4. The pursuit of the greatest happiness for all people is the aim of the law. In addition to providing a means of support, it also ensures a plentiful supply of food, safety, and community.

5. The use of law helps to sustain and guarantee order.

Legal Function

The following are the duties of law:

1. as a method of social regulation. a framework that enforces moral principles.

2. as a strategy for bringing about social change.

3. to maintain law and order in the community.

4. in order to achieve social fairness.

5. as a strategy for development.

6. Supervising the implementative apparatus, the law enforcement apparatus, and the supervisory apparatus is a crucial task.

7. as a means of tying people together in society and ensuring their continued existence.

8. as a tool to provide criminal, civil, administrative, and community punishments to rid the community of situations that disrupt the community.

9. as a mechanism for delegating power and making decisions to government organizations.

10. as a way to stimulate social interaction. The law puts down the legal underpinnings that can encourage and enable relationships between individuals in a way that is fair and orderly, so it is not only a tool used to control society.

Legal Element

Among the legal components are:

1. A law is a rule that controls how people behave in social groups.

2. Legitimate bodies create regulations.

3. Rules impose pressure.

4. The penalties for noncompliance are severe.

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the law : Understanding

The law 

Understanding the law

In order to control how individuals behave, laws are created and applied by social institutions or the government. A collective legislature or a single lawmaker can create laws, which are then enforced by the state. Decisions and regulations established by the executive branch or by judges through precedent may also be used to create laws.

Legally binding agreements can also be made, such as arbitration clauses that use a different procedure than traditional court action to resolve disputes.

The written or implicit constitution and the rights enshrined in it have the power to affect how laws are made. Law acts as a mediator of interpersonal relations and impacts politics, the economy, history, and society in numerous ways.

Each country has a unique legal system. Laws are codified and consolidated by the legislature or another central body in countries under civil law. Religious law has historically influenced secular issues and continues to be applied in some religious groups.

Many nations, notably Iran and Saudi Arabia, adopt Sharia law, which is founded on Islamic precepts, as their primary legal framework.

According to certain professionals, the definition of law is as follows:

1.Aristotle

Greek philosopher Aristotle was well known worldwide. According to Aristotle, there are specific rules and universal laws.

Certain laws are regulations that outline and forbid specific behaviors. Natural law, or universal law, has its own set of guidelines and principles.

2. Ernst Utrecht

An Indonesian legal expert named Ernst Utrecht. He claims that a system of rules for living, such as instructions or prohibitions, intended to control the social order and that the community must abide by, constitutes the notion of law. The community or the government must take action if the community breaks the established rules.

3. Immanuel Kant 

A well-known philosopher of the 18th century was Immanuel Kant. Immanuel argues that the law will compel people to behave, and that the law is an authoritative, emotionally compelling standard. Humans can do as they choose, but not at the expense of the moral standards that predominate in their surroundings. Immanuel believed that in order for society as a whole to be able to adapt and follow the laws, the law had to exist.

4. Mochtar Kusumaatmadja 

According to Mochtar Kusumaatmadja, the law can be used as a tool to facilitate various social transformation processes. Additionally, he claims that the law serves as a tool to safeguard, uphold, and sustain social order.

According to Mochtar, law is a set of rules and precepts that can be used to control public relations when done right.

5. Thomas Hobbes Thomas Hobbes was an English philosopher who regarded the rule of law as a formal glue that might be used to bind a previously chaotic society.

In his opinion, law is a rule that the community's powerful individuals create and uses to control the lives of people through either force or command.

6. Hans Kelsen

Hans Kelsen, a philosopher and lawyer from Austria. He was a pioneer in the idea that law is a simple legal theory. According to Hans, a law is a standard that specifies the terms and repercussions of specific conduct. Threats of sanctions from the authorities in the community may be the result of breaking the law.

For people who desire to study law, the lack of a precise legal definition is actually a barrier. Indeed, understanding the legislation itself is not really relevant to the average person.

The community feels that the way the law is applied and their access to legal protection is more crucial. Law encompasses a wide variety of areas, including criminal, civil, procedural, state administration, international, coutume, and environmental law.

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Different instances of civil law

 The Law

Different instances of civil law

inheritance issue debt default argument over property ownership patent infringement

battle over child custody: excellent name bill

illustrative cases of civil law that can be converted into criminal law

There are several instances where civil law can become a criminal matter. For instance, if there are receivables in default, he is not held accountable for their management, and this constitutes both an entrance violation and a green field situation.

For instance, a former husband's commitment to support his ex-wife and child, a debt payment agreement, a business deal, etc.

Additionally, there are civil law proceedings that involve criminal aspects such document forgery, corruption, fraud, compulsion through violence, etc. Criminal law will be used in court to control all of that.

Examples include the forging of land certificates, falsifying business documents, attempting to bribe people, engaging in corrupt behavior, and having land disputes.

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Civil law cases examples

The Law

 Civil law cases examples

1). The PT Indorayon case involving the neighborhood

The matter that surfaced in 2019 started with the establishment of PT Indorayon on the advice of the Vice President of the Republic of Indonesia, at the time Mrs. Megawati Soekarnoputri, who held that position. The business, which was shut down in 1999 by Sonny Keraf's State Minister for the Environment because it was seen to be harming the environment, was forced to cease operations.

PT Indorayon changed its name to PT Toba Pulp Lestari in March 2002. (PT TPL). After ten years, PT TPL eventually resumed operations, but the residents of Porsea once more experienced the negative effects. The business has harmed the environment and contributed to other societal issues. As disputes erupted, intimidation by the government became unavoidable.

The loss in health caused by garbage that pollutes the air is another major effect that Porsea residents endure. Because the rice grains grow empty and unfilled, many crop yields decline.

The residents of Porsea were once more troubled by what had happened to them ten years previously. At the time, pollution from steam waste had also caused them tremendous disruption in their daily lives.

The high number of patients with Upper Respiratory Tract Infections (ARI), which reached up to 92 persons in January 2021, is causing a decline in health quality. The number of cases grew once more in February to 103 persons, and it reached 128 people in January 2003.

Analysis of the PT Indorayon case

It has been established that PT Indorayon (PT Toba Pulp Lestari) damaged the environment, having negative effects on the neighborhood residents. Because the business broke established policies that run counter to legal responsibilities and infringe on other people's rights, this is regarded as illegal behavior.

The actions that are against another person's property rights, against decency, against their own legal obligations, and against common sense or the requirements of decent social relations are all considered criminal acts in this context.

Three sorts of legal violations exist, namely:

- intentional unlawful behavior

- negligence-based illegal activity

- illicit behavior that is faultless

- Components of illegal behavior

There is movement

- The behavior is illegal.

- There is a mistake on the part of the offender.

- Loss is experienced by the victim.

- Losses and actions have a causal connection or mutual cause.

2).  3.15 trillion in land and forest fire litigation

In order to expedite the execution of proceedings involving forest and land fires (karhutla) that have legal force in 2019, the government worked with the district court (inkracht).

Ratio Ridho Sani, the Director General of Law Enforcement at the Ministry of Environment and Forestry, claimed that the lawsuits in the case were Rp. 3.15 trillion, however the sum put into state accounts at the time was only Rp. 78 billion.

The collaboration eventually extended through the court stage so that PT Kallista Alam could pay damages. The government also keeps trying to call the parties in question right away by sending letters to multiple District Courts.

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sections of civil law and Articles of civil law

 The Law

sections of civil law

The Civil Code is divided into four chapters, including;

The first book, Van Personen, discusses people and governs family law and individual law.

Book II (Van Zaken) controls and examines subjects pertaining to inheritance and material law.

Book III (Van Verbintenissen) - addresses engagement and governs the rights and obligations of individuals and certain parties or legal entities.

Book IV (Van Bewijaeu Veryaring) examines proof and governs the ways in which proof can be provided.

Articles of civil law

The book KUHPer the Civil Code of Kalaf by the Permata Press Team, which is listed below, allows Grameds to view numerous articles of civil law as well as current laws.

FIRST BOOK

Section I : LOSS AND POSSESSION OF CITIZENSHIP RIGHTS (Applicable to Foreign Easterners, Non-Chinese, and Chinese)

Section II : Acts of civil record (Not Applicable to Foreign Eastern Groups, Non-Chinese, and to Chinese Groups)

Section III : DOMICILE OR RESIDENCE (Applicable for Foreign Easterners, Non-Chinese, and Chinese)

Section IV : MARRIAGE (Not Applicable to Groups from the Foreign East) Not Chinese, but Applied to Groups of Chinese)

Section V : HUSBAND AND WIFE'S RIGHTS AND OBLIGATIONS (Not Applicable To Foreign Oriented Groups Not Chinese, But Applicable To Chinese Groups)

Section VI :  Joint assets managed in accordance with the law (Not Applicable To Foreign Eastern Groups Not Chinese, But Applicable To Chinese Groups)

Section VII : Marriage Contract (Except for Foreign Eastern Groups) Not Chinese, but Applied to Groups of Chinese)

Section VIII : ARRANGEMENT ON SECOND OR FUTURE MARRIAGE FOR COMBINED JOINT PROPERTY OR MARRIAGE (Not Applicable To Foreign Eastern Groups Not Chinese, But Applicable To Chinese Groups)

SECTION IX : SEPARATION OF ASSETS (Not Relevant to Groups from the Far East) Not Chinese, but Applied to Groups of Chinese)

SECOND BOOK

Section I : ITEMS AND ITS DISTRIBUTION

THIRD BOOK

Section I : ENGAGEMENT IN GENERAL

FOURTH BOOK

Section I : PROVEN IN GENERAL

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sources of civil law

The Law

sources of civil lawa

1. Indonesia was subject to the Algemene Bepalingen van Wetgeving general laws of the Dutch East Indies government (consisting of 36 articles)

2. The legal guidelines for Dutch East Indies-produced goods that are implemented and enforced in Indonesia are found in the Civil Code.

3. Wetboek van Kopenhandel, or KUHD

The 754 articles of the KUHD include shipping rights and obligations as well as trade.

4. Law No. 5 pertaining to Agrarian Law from 1960

Land law, which is founded on customary law, governs this law.

5. Law 1 of 1974, relating to Marriage Law

This statute implements laws from Book I of the Civil Code, particularly those related to marriage.

6. Mortgage on Land and Objects Related to Land: Law No. 1 of 1996

The rule regarding the legality of mortgages in Book II of the Civil Code is repealed by this statute. The provision was revoked for the reason that it did not comply with credit activities.

7. Fiduciary Guarantees Act of 1999, Law No. 42

Fiduciary guarantees are security rights for both immovable items like buildings that cannot be encumbered with mortgage rights and moveable objects, whether or not they have a form.

8. 2004 law number 24,

A deposit guarantee institution is one that is governed by law and provides protection for bank clients' deposits.

9. KHI, or the Compilation of Islamic Law, is contained in Presidential Instruction Number 1 of 1991. Only Muslims are subject to the laws contained in the compilation of Islamic law, which governs marriage, inheritance, and endowment.

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a background of civil law

 The Law

a background of civil law

Indonesia has worked to replace all colonial laws with domestic ones since gaining independence. Due to disagreements over whether to adopt national law and eliminate all colonial law or whether to use some colonial laws, it did not, however, produce the expected results. There are also others who disagree with the application of customary law.

In fact, up until this point, one of the regulations that apply in public relations has been the Civil Code, which at first exclusively applied to Dutch individuals.

According to history, civil law was first developed by the Romans in 50 BC, under the rule of Julius Caesar. In France, this civil law is combined with the primary legislation and is also in effect. Up to the time of Louis XV, this state of affairs persisted.

The two laws were attempted to be combined under Louis XV's rule, and the result was the Code Civil Des Francais in 1804. It was reenacted as Code Napoleon in 1807.

Following that, it was amended once more to the Civil Code, which combined secular law with elements of canon law. The Civil Code was implemented in the Netherlands in 1811, the same year that France occupied the country. The Civil Code that was previously in effect in the Netherlands was also applied in Indonesia beginning in January 1848 as a result of the Dutch colonization of that country.

The adoption of Dutch civil law is connected to the legal politics of the Dutch East Indies, which classify the population into three groups: European groups, including all Dutch people, people from Europe and Japan, people whose family laws are based on Dutch law, and their descendants; Chinese Foreign Easterners and Non-Chinese Foreign Easterners, including Indians, Pakistanis, and Arabs; and People who adapt their lives to the Earth Group.

Based on article 2 of the transitional rules of the 1945 Constitution, article 163 IS (Indische Staatsregeling), which is still in effect today, governs how these people are classified. According to article 131 IS, which stipulates that the European group applies, civil law and commercial law are governed on the basis of the concordance principle.

With minor exceptions, the BW (Burgerlijk Wetboek) civil and commercial laws govern the Chinese Foreign East group. Customary civil law, which is based on rules that are not codified but rather exist in people's everyday actions, is in effect for the Bumi Putera group.

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Civil Law Definition

 The Law

Civil Law Definition

Law is a device or code of conduct. Civil law governs all matters relating to people and legal bodies, including rights, property, and anything else. The rules that govern a person's duties and rights in society are known as civil law.

The word "civil law" is derived from the Dutch word "Burgerlijk Recht." Private law and civil law are other terms for civil law. The phrase civil law is more frequently used today, nevertheless.

Prof. Subekti defines civil law as all substantive private law in the form of fundamental laws that govern individual interests.

Prof. Sudikno claims that civil law is an entire body of law that examines how people relate to one another, whether inside families or in the larger community.

According to Sri Sudewi Masjchoen Sofwan, civil law is the body of law that governs how different persons' interests relate to one another.

Indonesian civil law consists of:

1. traditional civil law. laws controlling individual relationships and individual interests among indigenous peoples. These unwritten customary rules are typically followed by indigenous peoples from generation to generation.

2. Civil law in Europe. laws or provisions that control legal interactions involving Europeans' interests.

3. domestic civil law. Legal professions as a result of domestic goods. Marriage law and agrarian law, both found in Law Number 1 of 1974 and Law Number 5 of 1960, are examples of national civil law.

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What separates international law from international civil law

 International Law

What separates international law from international civil law

There are two main categories of international law, namely international law and international civil law. The things that one group controls differs from the other. Look at the information below.

Private law and public law make up the two main categories of law in general. The same is true in the international setting, where there is both international public law and international private law.

Both statutes are more commonly referred to as international law and international civil law. The two laws differ in the objects they govern, as was previously stated.

According to Prof. Zulfa Djoko Basuki, Professor of HPI, in JHP Number 3 Year XXVI, international civil law (HPI), often known as private international law, is the body of law that governs all matters or issues pertaining to international civil.

The foreign component that exists is what sets international civil law or HPI apart from national civil law. Differences in citizenship, residency, choice of law, ship flags, locations of objects, venues where cases take place, and a variety of other elements can all contribute to the foreign element.

Additionally, public international law, commonly referred to as international law, is the body of legislation that governs several other legal matters as well as the connections between each nation.

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Principles of International Law

 International Law

Principles of International Law

The following are further international law principles.

1. The notion of territory

First, there is the territorial principle, which is a rule or legislation established by a nation that is binding on all citizens of that nation.

2. The nationality principle

The second is the notion of nationality, according to which citizens are still subject to the laws of their own nation even when they are abroad. According to the claim, the concept of nationality has extraterritorial authority.

3. the public interest principle

The third is the public interest concept, which is founded on a state's power to control the lives of its citizens.

Here are some examples of how this one legislation applies certain principles.

general rules, which are rules pertaining to breaking an agreement. Where the offender is required to make up for all losses brought on by the infraction.

Pacta sunt servanda is the legal principle that dictates that agreements that have already been made must be upheld.

According to the ius cogens concept, a contract is void if its formalities conflict with accepted principles of international law. For instance, treaties governing the production of nuclear weapons intended to destroy or destroy a nation.

The concept of nationality, often known as the principle of nationality, refers to a set of rules that apply to people even when they are abroad or in another country.

The territoriality principle, or simply the territoriality principle, is the rule that governs when a country's territory is violated. Even if the infringer is a citizen of another country, this territorial concept will nonetheless hold true.

The nebis in idem principle, which states that all previously tried international problems cannot be tried again, explains this.

the nation's legal system is protected by the principle of inviolability and immunity. Diplomats who receive responsibilities from their country of origin are typically those that uphold this principle.

The rieus sie stanreus principle.

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Position of International Law and Types of International Law

 International Law

As was previously said, international law is the body of law that governs and has an impact on interactions between nations on a global scale. According to professionals, the role is as follows.

1. Mochtar Kusumaatmadja

According to Mochtar Kusumaatmadja, the development of international law can serve as the foundation for the development of a more structured social structure. The realization of justice in conformity with society and the times is another objective of international law.

2. Jeremy Bentham

According to Jeremy Bentham, the purpose of international law is to produce or attain benefits. What is meant is that the existence of this law makes it possible to ensure the happiness of a large number of people. Utility theory is another name for the aforementioned notion.

3. Aristotle

Aristotle also shared his thoughts on the significance of this law. He asserts that the purpose of this law is to uphold justice. where everyone can get what is theirs because to the existence of this legislation. The aforementioned theory is also referred to as ethical theory.

4. Geny

Geny further asserts that this law is a tool for achieving justice and is a component of the legal system. The interests of usability and also expediency are the aspect of justice in dispute.

5. Immanuel Kant 

Immanuel Kant also expressed his views on the function of international law, stating that it functions as a whole condition through one person's capacity to adapt to another in accordance with the rules of independence that are currently in place.

International Law Forms

1. International Regional Law

The first type consists of the relevant local law and the relevant environmental boundaries. International law from North and South America, for instance.

This is comparable to other ideas that originated on the American continent and later spread over the world, such as the notion of the continental shelf and the protection of marine life, commonly known as the conservation of marine life.

2. International Law Particular

The second type is a unique law that only applies to particular nations. The European human rights conventions, for instance, take into account the various demands, phases of development, and degrees of integrity of various societal segments.

The way that this law differs from regional law is that it develops alongside the process of customary law.

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the subject of international law

 international law

According to Mochtar Kusumaatmadja's interpretation, anything that by law can have rights and obligations, as well as the authority to carry out legal interactions and act in accordance with the rules of existing and applicable international law, is the topic of international law. These are the topics covered by international law.

1. Nation

The state, which is the primary topic of international law, is the first subject of that body of law. In this case, the state in question is a sovereign state with a unique political structure.

2. Organizations from abroad

International organizations, which are obligated to take part in the resolution of issues relating to transgressions of international law, make up the second legal topic.

Organizations with multinational members and broad objectives, like the United Nations, are under the purview of international law.

The group must also include international members with clear objectives, like the IMF. The organization may also have regional members with global objectives, like ASEAN, as well as regional members with local objectives, like NAFTA.

3. The World Red Cross

The International Red Cross, often known as PMI, is the third legal topic that is acknowledged by international law to some extent.

The establishment of Red Cross treaties and conventions further solidifies the International Red Cross' status as a subject of international law. Whereas, the main aim of this organization is to serve humanity.

As a result, other nations shouldn't meddle with or intervene in the International Red Cross organization.

4. The Vatican's Holy See

The Holy See of the Vatican, which started to be acknowledged as a subject of international law in 1929, immediately following the signing of the Lateran Pact, is the fourth legal topic.

The Vatican's Holy See and the Kingdom of Italy came to an agreement known as the Lateran Pact.

5. Rebels 

The fifth legal topic is rebels. According to the law of war, rebel groups can be made the subject of international law if they are organized, abide by the rules of war, control territory, can interact with other nations, can decide their own future, and have control over resources. a region's natural resources as well as the system itself, whether it be political, economic, or social.

6. Individual 

The individual is the sixth legal topic. This was also explained by Mochtar Kusumaatmadja in the 1919 Treaty of Versailles, which contained various sections that allowed anyone to bring issues to the International Court of Arbitration on a global scale.

In this way, people might become parties before an international tribunal as well as subjects of international law.

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Acquiring knowledge of international law

 International law

An autonomous legal framework that operates outside of a nation's judicial system is referred to as international law. The fact that this one law lacks a thorough court system distinguishes it from the domestic legal system that governs multiple issues in a nation.

In actuality, neither the high-level executive authority nor the complete law enforcement system nor the international level police are involved in the enforcement of this statute.

Whereas, this legislation itself becomes a component of an international relationship's overall framework. This law is also frequently applied and plays a significant role in determining whether a specific international scenario is appropriate.

A country will frequently take relevant international law into account while making a decision. Whereas this law is generally focused primarily on offenses relating to interstate or international relations and is only infrequently implemented through the use of force or economic fines.

This is due to the fact that the current legal system is upheld based on a sense of personal interest. Generally speaking, nations who disobey these international laws or regulations will experience a loss of credibility in the eyes of the general public.

In this way, it may have an impact on the nation and its international ties. A state's standing with the international community, regional organizations, and other players may be jeopardized by persistently breaking the rules and laws that are in place and that are relevant to that state.

According to the facts above, it is crucial that every country, including Indonesia, understand this law. When creating international cooperation initiatives with other nations that can promote secure and fruitful cooperation, this applicable law can be used as a foundation.

The idea of an archipelagic state in the 1982 Law of the Sea Convention recognizes the existence of Indonesia as one of the Asian nations that has contributed to the creation of this single law, which is also supported by the body of available evidence.

Experts' Understanding of International Law

1. Professor Hyde

Professor Hyde defines international law as a body of rules that each nation is required to abide by. This concept can be summed up as a collection of laws. Therefore, international law must be observed and respected when forging international ties.

2. Andi Tenri Padang 

Additionally, Andi Tenri Padang describes international law as a component of the legal framework that governs numerous activities on a global scale. International law was once defined as the behavior or interaction between countries, but as the pattern of relations between nations has grown more complex through time, so too has the definition of this one rule.

He claims that the structure and conduct of international organizations, as well as, to some extent, that of multinational corporations and people, are likewise covered by existing international law.

3. Mochtar Kusumaatmadja

Furthermore, Mochtar Kusumaatmadja views international law as a body of norms and principles that governs interactions and concerns relating to international borders and other legal areas.

4. J.G. Starke

J.G. Starke also shared his thoughts on how international law should be interpreted, specifically as a corpus of laws that contains a variety of legal ideas. In order to create international connections with other nations, every country in the entire world is required to abide with international law.

5. Rebecca M. Wallace

Additionally, Rebecca M. Wallace defines international law as the principles and standards that direct the conduct of every nation and other entities.

6. Hugo de Groot

Hugo de Groot claims that international law is a body of rules based on individual choice and approval from some or all nations. The common interest served as the backdrop for the creation and development of current law.

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