Macam-Macam Hukum (PKN kelas XII Semester Ganjil)

Summary

In this educational video, Eka Setiawati provides an in-depth explanation of various types of laws in Indonesia, tailored for third-grade students. The video explores key distinctions in law, including statutory law, customary law, and jurisprudence, as well as the differences between written and unwritten laws. Eka also discusses the classification of laws based on their application (national, international, and foreign), time relevance (existing vs. proposed laws), and their content (material vs. formal). The video aims to make legal concepts accessible by explaining how different types of laws shape society and relationships.

Takeaways

• 😀 Laws can be categorized in several ways based on their characteristics, such as source, form, time of validity, and others.
• 😀 Laws according to their source can be classified into written laws, customary laws, and laws formed by international agreements.
• 😀 Written laws are those codified in official legal documents like regulations, while customary laws exist within societal traditions but are not formally written.
• 😀 According to their form, laws can be written (codified in legal documents) or unwritten (based on societal beliefs and practices).
• 😀 Laws are also classified based on their validity into positive law (ius constitutum) and proposed laws (ius constituendum).
• 😀 The difference between material law (which governs specific relationships and interests) and formal law (which dictates procedures for enforcement) is important.
• 😀 Material law deals with regulations like criminal, civil, and commercial law, while formal law dictates how legal processes are carried out in court.
• 😀 Private law governs relationships between individuals, while public law regulates the relationship between individuals and the state, or between different state organs.
• 😀 Public law includes constitutional law, administrative law, criminal law, and international law, each dealing with specific aspects of governance and state interactions.
• 😀 National law applies within a country's borders, while international law governs relations between countries, and foreign law applies in other countries.
• 😀 Laws can be either mandatory (laws that must be followed) or regulatory (which can be adjusted by individuals through agreements), with examples like inheritance law being regulatory.

Q & A

What is the primary focus of the video script?

The primary focus of the video script is to educate viewers about the various types of laws in Indonesia, including their classifications based on sources, form, enforcement, jurisdiction, and nature.

What is meant by 'Hukum Tertulis' (Written Law)?

'Hukum Tertulis' refers to laws that are officially documented in legal texts, such as constitutions, statutes, and regulations, and are enforceable by the state.

Can you explain 'Hukum Kebiasaan' (Customary Law)?

'Hukum Kebiasaan' refers to laws that are based on long-standing customs or traditions within a society, often unwritten but widely accepted and followed.

What is the difference between 'Hukum Negara' and 'Hukum Yurisprudensi'?

'Hukum Negara' refers to laws established by the state, often found in international agreements, while 'Hukum Yurisprudensi' refers to laws formed through judicial rulings or court decisions.

What are the two main types of laws based on form?

The two main types of laws based on form are 'Hukum Tertulis' (written laws) and 'Hukum Tidak Tertulis' (unwritten laws), where the latter is based on societal beliefs and customs.

What is 'Ius Constitutum' and how does it differ from 'Ius Constituendum'?

'Ius Constitutum' refers to positive law that is currently in force, while 'Ius Constituendum' refers to law that is under revision or in the process of being drafted, such as proposed bills or amendments.

What is the distinction between 'Hukum Materiil' and 'Hukum Formal'?

'Hukum Materiil' (material law) refers to the substance of legal rights and obligations, such as criminal and civil laws, while 'Hukum Formal' (formal law) governs the procedures for enforcing those rights, like court processes.

What are the two main categories of law based on its scope?

The two main categories are 'Hukum Privat' (private law), which governs relationships between individuals, and 'Hukum Publik' (public law), which governs the relationship between individuals and the state.

What does 'Hukum Nasional' (National Law) refer to, and how is it different from 'Hukum Internasional' (International Law)?

'Hukum Nasional' refers to laws that apply within the borders of a specific country, whereas 'Hukum Internasional' refers to laws that govern relations between countries on the global stage.

What is the significance of 'Hukum Memaksa' (Mandatory Law) and 'Hukum Mengatur' (Regulatory Law)?

'Hukum Memaksa' refers to laws that must be followed under all circumstances, such as criminal laws, while 'Hukum Mengatur' refers to laws that can be set aside if individuals involved agree on alternative arrangements, like in inheritance law.