Topik 01 Sistem Hukum Indonesia | Pengertian Sistem dan Hukum

Summary

This tutorial on the Indonesian legal system explores the concept of 'system' as it relates to law, defining law as a set of components that regulate societal behavior. It covers various definitions and theories of law, emphasizing its role in maintaining social order, resolving conflicts, and protecting individual rights. The video delves into the differences between legal norms, religious norms, and social etiquette, explaining the enforcement and purpose of each. Theories of law, such as ethical, utilitarian, mixed, and certainty theories, are discussed in relation to their objectives of justice, social benefit, and legal certainty.

Takeaways

• 😀 A system is defined as a group of interconnected components working together to achieve a specific purpose, such as the nervous system or a government system.
• 😀 According to Cicero, law exists wherever there is society, as it functions to harmonize conflicting interests among individuals within a community.
• 😀 Religious, moral, and social norms play a role in guiding human behavior but often lack enforceable consequences, unlike legal norms, which have binding power and penalties.
• 😀 Legal norms are distinct from moral and social norms in that they are backed by authority and enforceable through legal institutions.
• 😀 The main purpose of law is to ensure public order by setting standards of behavior and resolving conflicts between individuals or groups.
• 😀 Law is a tool for achieving both traditional goals like justice and modern goals like societal reform and adaptation.
• 😀 The concept of law is wide-ranging, encompassing everything from rules and institutions to processes that ensure the law is applied and upheld.
• 😀 There are different definitions of law, ranging from the collection of rules governing behavior to a social institution designed to promote justice and resolve disputes.
• 😀 Legal scholars disagree on the best definition of law, with some viewing it as a discipline, others as a system of norms, and others as a set of practices that aim for fairness and order.
• 😀 The purpose of law is to ensure societal order, protect rights, and deliver justice while balancing individual interests with public good, as seen in legal theories like ethics, utility, and mixed approaches.

Q & A

What is the definition of a system in the context of the Indonesian legal system?

A system, as defined in the Indonesian legal context, refers to a collection of interconnected components or elements that function cohesively to achieve a specific purpose, such as the nervous system or government system.

What are the three components that L.M. Friedman mentions in relation to law?

L.M. Friedman mentions that the elements of law consist of three components: substance, structure, and culture.

Why is law necessary in society, according to Cicero?

Cicero asserts that law exists wherever there is a society, as it serves to regulate behavior and resolve conflicts between individuals by establishing norms or rules.

What is the main difference between religious, moral, and social norms and legal norms?

The primary difference is that legal norms are enforceable by the state and come with sanctions, while religious, moral, and social norms are generally not legally enforced and rely on internal or social pressure.

What is the function of legal norms in society?

Legal norms serve to regulate behavior, maintain order, and resolve conflicts in society by ensuring that individuals adhere to established rules, which are enforced by the government.

What is the purpose of law according to John Austin's theory?

John Austin emphasized the importance of stability and order in society, arguing that laws must not be subject to radical change or revolution as this could lead to societal chaos.

What does the theory of justice aim to achieve, and who are its key proponents?

The theory of justice, supported by figures such as Aristotle and Francois, aims to achieve fairness by ensuring that individuals receive what they are due. This includes both distributive and commutative justice.

How does the theory of utility define the purpose of law?

The theory of utility, championed by Jeremy Bentham, asserts that the law should aim to achieve the greatest happiness for the greatest number of people, focusing on maximizing overall benefits even at the cost of individual fairness.

What is the key characteristic of legal norms compared to social norms?

Legal norms have the authority to impose sanctions and are enforced by the state, whereas social norms rely on informal mechanisms like peer pressure and are not legally binding.

What is the difference between legal certainty and justice in law, as discussed by Lily Rasjidi?

Lily Rasjidi argues that legal certainty must precede justice in the legal process. Laws should first provide clear and predictable outcomes before aiming to achieve justice, ensuring that individual rights and obligations are well-defined.