Hukum Tata Negara: Istilah, Definisi dan Sumber-Sumber Hukumnya

Summary

This video script discusses the concept of constitutional law, known as 'hukum tata negara' in Indonesia, which governs the organization of state power and its aspects. It distinguishes between the broad and narrow meanings, with the latter focusing solely on constitutional law. The script explains that in Indonesia, this law is influenced by material sources like Pancasila and formal sources, including written laws and unwritten ones such as customary law, conventions, treaties, jurisprudence, and legal doctrines. The video aims to clarify the understanding of constitutional law in Indonesia.

Takeaways

• 📜 Constitutional law governs the organization of state power and its aspects.
• 🌍 Various countries use different terms for constitutional law: 'Staatsrecht' in the Netherlands, 'constitutional law' in the UK, and 'droit constitutionnel' in France.
• 🇮🇩 In Indonesia, constitutional law derives from the Dutch concept and has both a broad and narrow meaning. The broad meaning includes administrative law, while the narrow meaning focuses solely on constitutional law.
• 👥 Constitutional law involves organizing the state into different functions that support and shape the whole nation.
• ⚖️ Constitutional law in Indonesia is defined by legal experts as encompassing both written and unwritten regulations about the organization of the state, power distribution, and human rights guarantees.
• 📝 The sources of constitutional law in Indonesia are categorized into material and formal sources, with Pancasila being the material source, influencing the substance of national laws.
• 📚 Formal sources of constitutional law include both written (e.g., laws, presidential decrees, regional regulations) and unwritten sources (e.g., customary law, conventions, treaties, jurisprudence, and legal doctrines).
• 🛠️ Formal written sources derive their legal force from being codified into statutes, while unwritten sources include legal customs and principles that are recognized without formal codification.
• 🌱 Unwritten sources like customary law and conventions play an essential role in shaping Indonesia’s constitutional practices.
• 📘 Constitutional law scholars provide doctrines that guide the legal framework, and jurisprudence from court decisions also contributes to shaping the state's legal structure.

Q & A

What is the definition of Constitutional Law according to the script?

Constitutional Law is the law that regulates the organization of state power and the aspects related to it, including the distribution of power and the rights of individuals.

How is Constitutional Law referred to in other countries according to the script?

In the Netherlands, it is known as 'Staatsrecht,' in England as 'Constitutional Law,' in France as 'Droit Constitutionnel,' and in Germany as 'Verfassunglehre.'

What are the two branches of Staatsrecht in the Netherlands?

'Staatsrecht in ruime zin' (Constitutional Law in the broad sense) includes both Constitutional Law and Administrative Law, while 'Staatsrecht in enge zin' (Constitutional Law in the narrow sense) refers only to Constitutional Law.

How is Constitutional Law defined in Indonesia according to the script?

In Indonesia, Constitutional Law is derived from the Dutch term 'Staatsrecht,' and it can be understood in two senses: broadly, as encompassing both Constitutional and Administrative Law, and narrowly, as referring only to Constitutional Law.

What does Constitutional Law regulate according to experts in Indonesia?

Indonesian experts define Constitutional Law as the legal framework, both written and unwritten, that regulates the organization of the state, the division of power, and the protection of human rights.

What are the two sources of law in Constitutional Law as mentioned in the script?

The two sources of law are material sources, which include sociological, historical, and philosophical factors, and formal sources, which provide legal binding authority to laws.

What is the material source of Constitutional Law in Indonesia?

The material source of Constitutional Law in Indonesia is Pancasila, which serves as both the national ideology and the fundamental legal source for all regulations.

What are formal sources of law in Constitutional Law?

Formal sources of law provide legal binding authority to laws, and they include written laws like the Constitution, laws, government regulations, presidential regulations, and local regulations.

What is the difference between written and unwritten formal sources of law?

Written formal sources include codified laws and regulations, while unwritten formal sources are customary laws, conventions, international treaties, jurisprudence, and legal doctrines.

What examples of unwritten formal sources of law are mentioned in the script?

Examples include customary law, conventions in state practice, treaties, jurisprudence (court decisions), and legal doctrines (scholarly teachings on constitutional law).