Sistem Hukum Eropa Kontinental #sistemhukum #pengantarhukumindonesia #sistemhukumanglosaxon

Summary

This video discusses different legal systems, starting with an introduction to law as a structured system of rules. It explores four key legal systems: Continental European (Civil Law), Anglo-Saxon (Common Law), Customary Law, and Islamic Law. Each system is explained in terms of its origins, key principles, and sources of law, such as written codes, judicial decisions, and customary practices. The video also highlights the role of judges in interpreting and applying laws within these systems, with examples from Indonesia's legal traditions. Viewers are encouraged to subscribe for more educational content.

Takeaways

• 📚 Legal systems are organized and structured to achieve specific goals, as described by Professor Subekti.
• ⚖️ A legal system is a comprehensive arrangement of interconnected components working together in a structured way.
• 🌍 There are four main types of legal systems: Continental European (Civil Law), Anglo-Saxon (Common Law), Customary Law, and Islamic Law.
• 📜 The Continental European legal system, or Civil Law, originated from Roman legal codifications under Emperor Justinian.
• 🏛️ The foundation of Civil Law is based on codified laws, emphasizing legal certainty through written regulations.
• 👨‍⚖️ Judges in the Civil Law system interpret laws within strict boundaries and cannot create new laws.
• 🔨 In the Anglo-Saxon (Common Law) system, judges have a broader role, interpreting and creating new legal principles through precedents.
• 📖 Customary Law is based on unwritten traditions and customs, and it evolves through societal changes and the influence of leaders.
• 🕌 Islamic Law, primarily based on the Quran and Hadith, also incorporates consensus among scholars and analogical reasoning (qiyas).
• 🏛️ In Indonesia, while Islamic Law has a presence, the state's legal framework is not primarily based on Islamic principles.

Q & A

What is the definition of a legal system according to Professor Subekti?

According to Professor Subekti, a legal system is a structured arrangement composed of interrelated parts that work together according to a plan or pattern to achieve a specific goal.

What are the main principles of the Continental European legal system?

The main principles of the Continental European legal system include the idea that laws have binding power because they are codified in statutes, and legal certainty is the primary objective of the law.

How does the role of judges differ between the Continental European and Anglo-Saxon legal systems?

In the Continental European legal system, judges are limited to interpreting and applying laws and cannot create new laws. In contrast, judges in the Anglo-Saxon legal system have a broader role, including interpreting laws, creating legal precedents, and shaping societal rules.

What are the four types of legal systems mentioned in the script?

The four types of legal systems mentioned are the Continental European legal system (Civil Law), the Anglo-Saxon legal system (Common Law), customary law, and Islamic law.

What is the Doctrine of Precedent (Stare Decisis) in the Anglo-Saxon legal system?

The Doctrine of Precedent, or Stare Decisis, requires judges to base their decisions on legal principles established in previous rulings from similar cases, ensuring consistency in legal judgments.

What are the two main classifications of law in the Continental European legal system?

Law in the Continental European legal system is classified into public law, which governs the relationship between individuals and the state, and private law, which regulates relationships between individuals.

What is customary law and where is it practiced?

Customary law is a legal system based on traditional, unwritten norms and practices. It is primarily practiced in Indonesia and other Asian countries like China, India, and Japan.

What are the sources of law in the Islamic legal system?

The sources of law in the Islamic legal system include the Quran, Sunnah and Hadith (sayings and practices of Prophet Muhammad), Ijma (consensus of scholars), and Qiyas (analogical reasoning).

What is the significance of codification in the Continental European legal system?

Codification in the Continental European legal system is significant because it organizes laws into systematic codes, ensuring clarity and legal certainty, which is a central objective of the system.

How does Islamic law influence legal systems in various countries?

Islamic law has influenced legal systems in several countries, particularly in Asia and Africa. In some nations, such as Indonesia, Islamic law affects individual and family matters but does not dominate state governance due to the country's secular foundation.