Seri: Pengantar Hukum Indonesia, Episode:Penggolongan - Penggolongan Hukum Ilmu Hukum

Summary

In this video, the speaker explains the classification of law in a country, focusing on various types of legal systems and their functions. The discussion covers classifications based on sources, territorial applicability, form, time of enactment, enforcement methods, and legal characteristics. The speaker elaborates on different sources of law, including statutory law, customary law, international treaties, jurisprudence, and expert opinions. Additionally, the speaker explores national, regional, and international law, the distinction between written and unwritten laws, and different types of legal frameworks such as public and private law, among others. The explanation aims to provide viewers with a comprehensive understanding of legal structures and classifications.

Takeaways

• 😀 The classification of law in a country can be based on its source, place of application, form, time of application, enforcement methods, nature, and content.
• 😀 Laws are generally meant to create order, peace, and well-being in society through clear, systematic, and non-confusing regulations.
• 😀 Legal classifications based on their source include: statutory law (laws found in regulations and constitutions), customary law (unwritten rules from long-established practices), treaty law (international agreements), jurisprudence (court decisions cited by judges), and doctrines (expert legal opinions).
• 😀 Legal classifications based on the place of application include national law (specific to a country), regional law (specific to certain geographical regions), and international law (binding worldwide).
• 😀 Laws can be classified by form: written laws (statutes, regulations, or court rulings) and unwritten laws (customary laws and traditions).
• 😀 Legal classifications by time of application include positive law (laws currently in effect), prospective law (laws that are yet to be enacted), and transitional law (laws that are established but effective after certain conditions are met).
• 😀 Laws can be divided based on their enforcement methods into material law (governs relationships and actions among society members) and formal law (deals with procedures for enforcing material law).
• 😀 Laws are also classified based on their nature: mandatory law (binding with strict penalties, e.g., criminal law) and regulatory law (providing options for action, e.g., administrative law).
• 😀 The classification of law based on tasks and functions includes substantive law (deals with the content of legal rights and duties) and procedural law (regulates the processes for enforcing rights and duties).
• 😀 The purpose of these classifications is to ensure a well-organized, clear, and fair legal system that serves the needs of society and ensures justice for all.

Q & A

What is the general definition of law as mentioned in the video?

Law is defined as a set of rules or norms that are enacted in a specific country to govern human behavior. These rules are binding and ensure order, peace, and welfare in society.

Why is it important for laws to be organized and clear in society?

Laws need to be well-organized and clear to prevent confusion among the public, ensuring they can be easily understood and followed, which leads to the creation of order and peace.

What are the primary classifications of law based on its source?

The primary classifications of law based on its source include statutory law (written laws), customary law (unwritten laws based on tradition), treaty law (international agreements), jurisprudence (court decisions), and doctrinal law (legal opinions from experts).

How is law classified based on its territorial applicability?

Law is classified into national law, which applies within a specific country; regional law, which applies in certain geographical regions; and international law, which applies universally to all countries and international entities.

What is the difference between written and unwritten laws?

Written laws are formalized in written statutes, regulations, and legal documents, while unwritten laws are based on long-standing community practices or customs that are not codified but are still followed and legally binding.

What is 'positive law' as described in the video?

Positive law refers to the current laws that are in effect at a specific time in a country, meaning these are the laws that are officially recognized and enforced.

What are prospective laws and how do they differ from positive laws?

Prospective laws, also known as 'ius constituendum,' are laws that are planned or drafted but have not yet been enacted. They differ from positive laws, which are already in effect.

What is the significance of transitional law ('hukum antar waktu')?

Transitional law refers to laws that are passed but will only become effective at a later time, such as when a law specifies that it will be enforced after a certain period following its enactment.

What is the distinction between material law and procedural law?

Material law (hukum materiil) governs the rights and obligations of individuals and what is permissible or prohibited in society. Procedural law (hukum formil) outlines the procedures for enforcing material law, such as how legal cases should be handled in court.

What is the difference between mandatory law and regulative law?

Mandatory law (hukum memaksa) is binding and must be followed, with strict penalties for non-compliance, such as criminal laws. Regulative law (hukum mengatur) provides options for individuals to choose whether or not to follow it, such as laws governing contracts or marriage procedures.