Serial Pengantar Ilmu Hukum [Part. 1] SISTEM HUKUM INDONESIA

Summary

This presentation provides a comprehensive overview of legal systems, focusing on civil law and common law. It defines a system as an organized collection of interacting components and discusses the complexities of law. The civil law system, rooted in Roman legal tradition, is characterized by codified laws, a strict separation of powers, and reliance on professional judges. In contrast, common law, originating from England, emphasizes judicial precedents and customs, granting judges substantial interpretative power. The speaker highlights Indonesia's legal framework, which continues to be influenced by colonial Dutch laws, thereby maintaining its civil law structure.

Takeaways

• 😀 A system is an organized collection of elements and variables that interact with one another.
• 📚 The definition of law is complex and varies among different perspectives, making it challenging to create a universal definition.
• 🔍 According to Drus, law consists of rules, commands, and prohibitions created by official bodies to regulate human behavior in society.
• ⚖️ A legal system is a cohesive unit of laws that are interrelated and work together to achieve specific goals.
• 🌍 Various legal systems exist worldwide, including Islamic law, Hindu law, African law, and socialist law.
• 📜 The Civil Law system, originating from Roman law, emphasizes codification and has three main characteristics.
• 👩‍⚖️ Civil Law allows judges significant discretion in decision-making without adhering strictly to prior rulings.
• 📏 The primary source of law in Civil Law systems is formal regulations, including legislation and judicial decisions.
• 🇬🇧 Common Law, stemming from England, emphasizes case law and the dynamic nature of legal precedents in societal contexts.
• 🇮🇩 Indonesia's legal system is influenced by both Dutch colonial law and Civil Law traditions, reflecting its historical legal evolution.

Q & A

What is the definition of a legal system according to the transcript?

A legal system is a collection of interconnected legal elements that work together to achieve specific goals.

Why is defining law considered complex and challenging?

Defining law is complex because it can be viewed from multiple perspectives, and there is no universally accepted definition that reflects all its nuances.

What are some examples of different legal systems mentioned in the transcript?

Examples include Islamic law, Hindu law, African law, socialist law, civil law, and common law.

What are the three main characteristics of the civil law system?

1) It is based on codified laws. 2) It does not rely on judicial precedents. 3) It emphasizes the rule of law and systematic codification.

What is the primary source of law in civil law jurisdictions?

The primary source of law in civil law jurisdictions is legislation, with constitutions being the highest authority.

How does the common law system differ from the civil law system in terms of judicial decisions?

In common law, judicial decisions set precedents that influence future cases, while civil law does not rely on past judgments for legal interpretations.

What role do judges play in the common law system?

Judges in the common law system interpret laws, apply precedents, and have the discretion to create new legal principles based on case rulings.

What influences the legal system in Indonesia as mentioned in the transcript?

Indonesia's legal system is influenced by civil law traditions and historical Dutch colonial laws, with the 1945 Constitution at the top of the legal hierarchy.

What is the significance of the 1945 Constitution in Indonesia's legal framework?

The 1945 Constitution serves as the supreme law, establishing the highest legal authority in Indonesia's legal system.

How do civil law and common law systems approach the role of the judiciary?

Civil law systems focus on written statutes and limit judicial discretion, while common law systems grant judges significant power to shape law through their decisions.