Mengenal Hukum (Klasifikasi Hukum) - Seri Pengantar Ilmu Hukum Bag. 5

Summary

This video introduces the classification of law, explaining various categories based on different aspects. It begins with the distinction between private and public law, followed by the division between substantive (material) and procedural (formal) law. The video further discusses written versus unwritten law, as well as the classifications of law by territory, genealogy, and submission. Additionally, the speaker outlines different types of law based on jurisdiction, including local, national, international, and universal law. Each classification is explained with examples, providing a comprehensive overview of legal structures.

Takeaways

• 📜 Law is classified based on different categories or perspectives.
• ⚖️ The first classification is by the nature of legal relationships: Private Law and Public Law.
• 🧑‍🤝‍🧑 Private Law regulates legal relationships between individuals, such as Civil Law and Commercial Law.
• 🏛️ Public Law governs legal relationships between individuals and the state, including Criminal Law, State Administrative Law, and Constitutional Law.
• 📂 The second classification is by its activity: Substantive Law and Procedural Law.
• 📑 Substantive Law outlines the rules, commands, and prohibitions regarding legal events, while Procedural Law sets the procedures for enforcing those laws.
• 📝 The third classification is by physical reference: Written Law and Unwritten Law.
• 🗣️ Unwritten Law exists in oral traditions, customs, and spoken decrees.
• 🌍 The fourth classification is based on applicability: Territorial, Genealogical, and Submissive Law.
• 📍 Territorial Law applies to specific regions, Genealogical Law applies to ethnic groups, and Submissive Law applies based on individual acceptance, such as religious laws.

Q & A

What is the main topic of this video script?

The main topic of this video script is the classification of law in Indonesia, which includes various types and categories based on different perspectives.

How is law classified based on the substance of legal relations?

Law is classified into private law and public law based on the substance of legal relations. Private law governs legal relationships between individuals, while public law governs legal relationships involving individuals and the state.

Can you provide an example of private law?

An example of private law is civil law, including commercial law, which regulates relationships between individuals.

What is public law, and can you give an example?

Public law regulates the relationship between individuals and the state, and examples include criminal law, administrative law, and constitutional law.

How is law classified based on its activity?

Based on activity, law is classified into material law and procedural (formal) law. Material law outlines substantive rules about legal events, while procedural law governs the steps and methods to enforce legal rights.

What is the difference between material law and formal law?

Material law regulates the substance of legal events, such as commands and prohibitions. Formal law, also known as procedural law, regulates the processes or procedures to enforce laws.

How is law categorized based on its physical reference form?

Law is categorized into written law and unwritten law based on its physical reference form. Written law is documented, while unwritten law is passed down orally or symbolically.

What is an example of unwritten law?

An example of unwritten law is customary law, which is passed down through oral tradition or symbols and practices.

How is law classified based on its territorial applicability?

Law is classified based on territorial applicability into territorial law, genealogical law, and submissive law. Territorial law applies to specific geographical areas, genealogical law applies to certain ethnic groups regardless of location, and submissive law applies to individuals who voluntarily accept specific laws, such as religious law.

What are the four types of law based on jurisdiction?

The four types of law based on jurisdiction are local law (applicable in specific regions), national law (applicable within an entire country), international law (applicable between two or more countries), and universal law (applicable globally).