Hukum Objektif beserta pembagiannya dan Hukum Subjektif

Summary

In this video, the speaker provides a detailed explanation of objective and subjective law. Objective law refers to general legal rules that are not tied to any specific subject, while subjective law involves specific legal relationships that grant rights and impose obligations. The video covers various perspectives on objective law, including its sources like statutory law, customary law, treaties, jurisprudence, and doctrines. It also discusses different categories based on territorial scope (national and international law), coercive nature (mandatory and supplementary law), and content (public and private law). The video is aimed at students, legal professionals, and anyone interested in understanding the foundations of law.

Takeaways

• 😀 Objective law (hukum objektif) refers to the set of legal norms that apply universally, without specifying a particular subject or individual.
• 😀 Subjective law (hukum subjektif) concerns legal relationships that are governed by objective law and specify rights and duties for specific parties.
• 😀 Objective law is categorized into five sources: statutes, customary law, treaties, judicial decisions (jurisprudence), and legal doctrine.
• 😀 Statutory law (hukum undang-undang) consists of regulations created by the state's legislative bodies.
• 😀 Customary law (hukum adat) is made up of unwritten rules developed by local communities through consistent practice and tradition.
• 😀 Treaties (traktat) are agreements made between countries that create binding legal obligations.
• 😀 Jurisprudence (hukum yurisprudensi) refers to the body of case law created by judicial decisions, which serve as precedents for future cases.
• 😀 Legal doctrine (doktrin) is formed by the opinions of legal scholars and experts in the field of law.
• 😀 From a territorial perspective, objective law can be classified into national law, which applies within a single country, and international law, which governs relations between countries.
• 😀 Objective law can be divided into mandatory law (hukum memaksa), which must be followed and is enforceable by sanctions, and complementary law (hukum pelengkap), which may be altered by agreements between parties.

Q & A

What is the main focus of this video script?

The main focus of the video script is to explain the difference between objective law and subjective law, including their classifications and examples.

What is objective law, according to the speaker?

Objective law refers to the general legal relationships that are not specific to any particular subject. An example is the law governing buying and selling.

How is subjective law different from objective law?

Subjective law deals with specific legal relationships that provide rights to one party and impose obligations on another. It is governed by objective law.

What are the five sources of objective law as discussed in the video?

The five sources of objective law are: 1) Legislation, 2) Customary law, 3) Treaties, 4) Jurisprudence, and 5) Doctrines from renowned legal experts.

Can you explain the difference between national and international law in the context of objective law?

National law applies within a single country, while international law governs the relationships between two or more countries.

What is the distinction between mandatory law and supplementary law in terms of objective law?

Mandatory law refers to legal regulations that must be followed and have sanctions for violations, while supplementary law provides rules that should be followed but can be waived in agreements.

What does public law regulate, and what is an example of it?

Public law regulates matters of public interest, such as criminal law. An example is the legal provisions in criminal law that protect societal interests.

How does private law differ from public law in terms of its scope?

Private law governs matters concerning personal interests and relationships, such as civil law, in contrast to public law which addresses the collective societal good.

What is the role of material law, and how does it relate to formal law?

Material law refers to the substance of the law, including its content and the rules it enforces. Formal law, on the other hand, governs the procedures for enforcing material law, such as legal processes in court.

Who benefits from the information shared in this video, according to the speaker?

The speaker suggests that this information would be useful for law students, aspiring legal professionals, and those interested in law, including high school students.