ASPEK HUKUM EKONOMI DAN BISNIS - PENGERTIAN DAN BENTUK

Summary

This lecture provides an in-depth overview of business law, covering key concepts such as the definition of law, its goals, and its applications in business. It explores the distinction between written and unwritten law, as well as the various sources of law, including legislation, contracts, treaties, and customs. Key areas discussed include the importance of contracts in business, the freedom to create agreements, and the role of jurisprudence and legal doctrine. The session also highlights the legal subjects and objects in business law, offering a comprehensive understanding of the legal landscape in business transactions.

Takeaways

• 😀 Law consists of rules and regulations that maintain order in society, and they must be followed by the community.
• 😀 The purpose of law is to ensure justice and legal certainty for individuals in a society.
• 😀 Law can be classified as written (e.g., statutes) or unwritten (e.g., customs), each with distinct applications in society.
• 😀 The sources of law include legislation, judicial decisions, treaties, customs, and doctrines, each influencing the legal system in different ways.
• 😀 National law governs within a country, while international law deals with relations between countries, and foreign law applies to other nations.
• 😀 Private law focuses on the relationships between individuals, while public law regulates interactions between individuals and the state.
• 😀 Business law governs transactions, contracts, and obligations in business practices, ensuring fairness and protecting rights.
• 😀 Contract law is a key aspect of business law, where parties are bound by the terms of agreements made.
• 😀 Freedom of contract allows parties to negotiate and form agreements freely, as long as they are not against public policy or law.
• 😀 Business law sources include legislation, contracts, treaties, case law, customs, and expert opinions from legal scholars.
• 😀 The subjects of law are individuals and organizations that have rights and obligations, while the objects of law are things that are subject to legal relations (e.g., property).

Q & A

What is the definition of law according to the transcript?

Law is a set of rules that include commands and prohibitions that govern the order of a society. These rules must be obeyed by members of that society.

What are the two main types of law mentioned in the script?

The two main types of law are written law, which is codified in official regulations, and unwritten law, which is based on societal customs and norms.

What does the term 'ius constitutum' refer to?

'Ius constitutum' refers to the law that is expected to be in place in the future, contrasting with the 'positive law' that is in effect at present.

What is the difference between public and private law as explained in the transcript?

Public law governs the relationships between the state and individuals or between different states, while private law regulates relationships between individuals, focusing on personal interests.

How is business law defined in the script?

Business law refers to the set of rules, both written and unwritten, that govern the rights and obligations arising from contracts and agreements in business transactions.

What is the role of contracts in business law?

Contracts play a crucial role in business law as they are the primary source of legal obligations in business transactions. Parties are bound by the agreements they make in contracts.

What does the term 'aspek kebebasan' (freedom of contract) refer to in business law?

Aspek kebebasan refers to the freedom of the parties involved in a contract to determine its terms and conditions without undue external constraints, allowing for flexibility in business agreements.

What are the main sources of business law according to the transcript?

The main sources of business law include statutes, contracts, treaties, jurisprudence (court decisions), customary practices, and legal doctrines (opinions of legal experts).

What is the role of yurisprudensi (jurisprudence) in business law?

Yurisprudensi refers to legal decisions or court rulings that serve as precedents or guidance in shaping future legal principles and decisions in business law.

How does the script explain the subject and object of law?

The subject of law refers to individuals or entities that hold legal rights and obligations, while the object of law refers to the matters or things that are involved in legal relationships, such as property or goods.