SUMBER HUKUM DI INDONESIA [BELAJAR HUKUM SERI 002]

Summary

In this lecture on the Introduction to Indonesian Law, the speaker discusses the concept of legal sources in Indonesia, comparing them to water sources. The session highlights the distinction between material and formal sources of law. Material sources are influenced by societal awareness, ideals, and national culture, with Pancasila being a core example. Formal sources include laws, jurisprudence, customs, international treaties, and doctrines, focusing on their creation and procedural aspects. The discussion emphasizes the dynamic relationship between law and society, underscoring the importance of adapting legal frameworks to evolving social needs and realities.

Takeaways

• 🌊 Legal sources are compared to sources of water, symbolizing where laws originate from societal consciousness.
• 📚 Legal sources are divided into two categories: material sources (social consciousness and ideals) and formal sources (procedures for enacting laws).
• 🕊️ Pancasila serves as the foundational philosophy for Indonesian law, guiding all legal formations.
• ✔️ Laws are based on universally accepted truths, such as biological family structures and mathematical principles.
• 🌐 Legal systems must reflect societal realities and adapt to technological advancements and emerging needs.
• 🎨 National culture significantly influences legal frameworks, affecting how laws on human rights and expression are formulated.
• 🌍 International customs and agreements can shape domestic law, particularly in areas like democracy and human rights.
• ⏳ Laws must evolve with societal changes; for instance, child protection laws were established in response to changing societal demands.
• 🚫 Dysfunction in existing laws can lead to the creation of new legal frameworks, exemplified by anti-corruption laws in Indonesia.
• 📜 Formal sources of law include legislation, judicial decisions, customs, international treaties, and scholarly doctrines.

Q & A

What are the two main classifications of legal sources in Indonesia?

The two main classifications of legal sources in Indonesia are Material Sources (Sumber Hukum Materiil) and Formal Sources (Sumber Hukum Formil).

How does the speaker define material sources of law?

Material sources are defined as the societal awareness regarding norms of right and wrong, reflecting the collective thoughts of the community about permissible and forbidden actions.

What role does Pancasila play in the context of Indonesian law?

Pancasila serves as the fundamental philosophical source of law in Indonesia, guiding the legal principles and norms of the nation.

What are some key influences on the material sources of law mentioned in the lecture?

Key influences include the philosophy of the nation (Pancasila), universally accepted truths, social realities, national culture, international culture, demands of modern development, and dysfunctionality of positive law.

Why is there a need for laws to evolve with modern development?

Laws need to evolve to address changing societal needs, such as the establishment of child protection laws in response to increasing crimes against children.

What are formal sources of law, and how are they characterized?

Formal sources of law refer to where and how laws are created and recognized, characterized by elements such as laws enacted by legislative bodies, jurisdictions from court decisions, customary laws, international treaties, and legal doctrines.

How do customary laws influence Indonesian law?

Customary laws are long-standing practices that have been recognized as legal norms and play a crucial role in shaping the legal landscape in Indonesia.

What is the significance of international treaties in the context of Indonesian law?

International treaties are significant as they represent agreements between nations that can influence and shape domestic law, ensuring Indonesia's legal system aligns with global standards.

Can you provide an example of dysfunctionality of positive law mentioned in the lecture?

An example of dysfunctionality is the need for new legal frameworks, such as anti-corruption laws, due to inadequacies in existing laws.

What is the overall hope expressed by the speaker regarding the students' understanding of Indonesian law?

The speaker hopes that students gain a clear understanding of both material and formal sources of Indonesian law, enhancing their grasp of the legal framework in their country.