Sistem Hukum Yang Ada dan Berlaku di Indonesia

Summary

In this educational video, Modem Affandi, a law student from Mycoral Mataram University, provides an insightful overview of legal systems globally, with a focus on Indonesia’s legal framework. He explains the main legal systems like Civil Law, Anglo-Saxon Law, and Islamic Law, highlighting that Indonesia follows a Civil Law system. The video covers the challenges of codifying customary law (adat), the principle of legal codification, and the distinction between public and private law. Affandi also touches on the importance of jurisprudence and legal certainty, offering a clear yet accessible explanation for viewers interested in understanding the Indonesian legal system.

Takeaways

• 😀 The speaker, Modem Affandi, is a law student at Mycoral University in Mataram, Indonesia, and is creating the video to discuss global legal systems and Indonesia's legal framework.
• 😀 The video highlights three main legal systems globally: Civil Law (European Continental Law), Anglo-Saxon (Common Law), and Islamic Law.
• 😀 Indonesia follows the Civil Law system, which is based on written codes and laws, and it is important to understand its application in the country.
• 😀 Adat Law, or customary law, is significant in Indonesia, with regional differences that make it difficult to codify into a single legal system.
• 😀 Codification is a key feature of the Civil Law system, meaning laws are written down and must be followed as the primary legal source, ensuring consistency and clarity.
• 😀 The principle of **Asas Legalitas** (Principle of Legality) dictates that no act can be punished unless it is specifically stated in the law, ensuring legal certainty.
• 😀 **Yurisprudensi** (Jurisprudence) refers to the practice of using past judicial rulings as sources of law when there is no clear statute, allowing judges to address legal gaps.
• 😀 The distinction between **Public Law** and **Private Law** is emphasized: Public Law concerns state power and its relationship with individuals (e.g., criminal law), while Private Law deals with relationships between individuals (e.g., contracts).
• 😀 The speaker provides an example of Lombok and Java to illustrate how **Adat Law** differs regionally, such as in marriage customs, showing how traditional laws vary across Indonesia.
• 😀 The speaker concludes by acknowledging their ongoing learning process and apologizing for any potential errors in the video while encouraging good health in light of the ongoing global health crisis.

Q & A

What is the primary topic discussed in the video?

The video discusses the different legal systems in the world, focusing on Indonesia's legal system, particularly Civil Law, and how it relates to customary law in the country.

What are the three main legal systems mentioned in the video?

The three main legal systems mentioned are Civil Law, Anglo-Saxon Law, and Islamic Law.

Which legal system is primarily followed in Indonesia?

Indonesia primarily follows the Civil Law system, which is influenced by the European continental legal system.

What is the role of customary law in Indonesia?

Customary law in Indonesia is significant and cannot be codified like other legal systems due to the diverse traditions and cultures across the country.

Can customary law be standardized or codified in Indonesia?

No, customary law cannot be standardized or codified because it varies significantly between regions in Indonesia, such as Lombok and Java.

What example is given to illustrate the difference in customary laws in Indonesia?

An example is given from Lombok and Java, particularly in the marriage ceremonies. In Lombok, there is a tradition of 'Sorong Serah' that does not exist in Java.

What does the concept of codified law refer to?

Codified law refers to a written, systematic legal framework where all actions are governed by laws that are formally documented, such as Indonesia's legal codes and statutes.

What is the principle of legality in the legal system?

The principle of legality, stated in Article 1, Section 1 of the law, asserts that no one can be punished for an action unless that action is explicitly defined and regulated by law.

What are the two main branches of law in the civil law system?

The two main branches of law in the civil law system are public law, which governs the relationship between the state and individuals, and private law, which governs relationships between individuals.

What is the difference between public law and private law in Indonesia?

Public law concerns the relationship between the state and its citizens, such as criminal law and administrative law. Private law deals with individual relationships, like business transactions or contracts between two parties.