Perbandingan Sistem Hukum Di Dunia (Common Law, Civil Law Dan Hukum Islam)

Summary

This transcript features a detailed discussion on various legal systems, comparing civil law, common law, and Islamic law. The conversation delves into the historical development of these systems, with particular emphasis on how they manifest in Indonesia, a former Dutch colony influenced by European continental law. The discussion also touches on the evolution of Islamic law and its application in modern legal contexts. Ultimately, the conversation highlights how Indonesia incorporates elements of civil, common, and Islamic law in its legal framework, shaped by both historical legacies and contemporary needs.

Takeaways

• 😀 The comparison of legal systems in the script covers Civil Law, Common Law, and Islamic Law, explaining their origins and characteristics.
• 😀 Civil Law, influenced by Roman Law, is codified and written, with legal codes being the primary source of law.
• 😀 Common Law, originating in the United Kingdom, is based on judicial decisions and customary practices rather than written laws.
• 😀 Islamic Law is based on the teachings of the Quran, Hadith, and ijtihad (consensus), and has evolved over various historical phases.
• 😀 Indonesia inherited Civil Law due to its colonial history under the Dutch but incorporates aspects of Common Law and Islamic Law.
• 😀 The history of Roman Law is outlined in several phases, including the formation, maturity, revival, codification, and reception phases.
• 😀 The script discusses the key legal figures in the development of Islamic Law, such as Abu Bakar and the four Sunni schools of thought (Hanafi, Maliki, Shafi'i, and Hanbali).
• 😀 A significant portion of the script addresses the evolution of Islamic Law through various phases, including the expansion, stagnation, and revival periods.
• 😀 The script explains the importance of judicial precedents in Common Law and the active role of judges in interpreting the law.
• 😀 The Islamic legal system includes methods such as ijtihad, ijma, qiyas, urf, maslahah, and istihab to address modern issues based on Quranic principles.

Q & A

What is the main legal system adopted in Indonesia?

Indonesia primarily follows the Civil Law system, which is based on the legal traditions of continental Europe, specifically derived from Roman Law, as the country was once a colony of the Netherlands.

What is Civil Law, and what are its main features?

Civil Law, or Eropa kontinental, is a legal system that relies heavily on written codes and statutes, known as codified laws. It originated from Roman Law and emphasizes legal certainty, where laws are clearly outlined in written documents, and judges apply these laws to specific cases.

How did the Roman Law influence the development of the Civil Law system?

Roman Law is the foundation of the Civil Law system. It began with the '12 Tables' in 450 BCE and evolved through several stages, including the compilation of 'Corpus Juris Civilis' under Emperor Justinian in the 6th century, which codified Roman legal principles into a unified legal framework.

What is Common Law, and how does it differ from Civil Law?

Common Law is a legal system that relies on judicial decisions and precedents rather than written codes. It originated in England and focuses on case law, where legal principles are developed through the rulings of judges over time. Unlike Civil Law, which is based on codified statutes, Common Law adapts based on judicial interpretation.

What was the role of the 'Corpus Juris Civilis' in the development of legal systems?

The 'Corpus Juris Civilis' was a comprehensive compilation of Roman legal principles, established in the 6th century. It significantly influenced the development of Civil Law systems in Europe and later served as the foundation for modern legal codes in many European countries.

How did Islamic Law evolve, and what are its key features?

Islamic Law is based on the Quran, Hadith (sayings and actions of the Prophet Muhammad), and Ijtihad (juridical reasoning). Its development occurred in several phases, from the period of the Prophet Muhammad to the later interpretations by scholars, including the establishment of different legal schools or 'mazhabs.'

What is Ijtihad, and why is it important in Islamic Law?

Ijtihad refers to the independent reasoning or effort by Islamic scholars to interpret and apply Islamic teachings to contemporary issues not explicitly addressed in the Quran or Hadith. It plays a critical role in developing Islamic Law to keep it relevant to changing societal conditions.

What is the significance of the 'Kompilasi Hukum Islam' in Indonesia?

The 'Kompilasi Hukum Islam' (Compilation of Islamic Law) in Indonesia serves as a legal guide for Muslims in the country, incorporating aspects of Islamic law into the national legal framework. It reflects the integration of Islamic legal principles within Indonesia's broader legal system.

How does Islamic Law in Indonesia differ from other legal systems?

Islamic Law in Indonesia is applied specifically to Muslims, primarily through religious courts, and it complements the civil and common law systems. While Civil Law governs most legal matters, Islamic Law influences family law, inheritance, and religious practices for Muslims.

How has Indonesia’s colonial history influenced its current legal system?

Indonesia’s colonial history has greatly influenced its legal system, with Dutch colonial rule establishing the Civil Law framework, which persists in the country today. Additionally, Common Law influences and Islamic Law are integrated, reflecting Indonesia's diverse cultural and legal history.