Pengantar Ilmu Hukum 36 | Pengantar Hukum Kearsipan #belajar #universitasterbuka #hukum #tutorial

Summary

This video tutorial delves into the concept of archival law, explaining its etymology, legal definitions, and key principles. It covers the role of archives in both government and private sectors, emphasizing their significance in preserving records for accountability, research, and historical documentation. The tutorial also distinguishes archives from libraries, outlining their function, materials, and organizational methods. Legal frameworks governing archival practices in Indonesia are explored, along with the formation of university archival institutions. This informative resource aims to enhance understanding for students and professionals in the field.

Takeaways

• 😀 The term 'archive' originates from the Greek word 'arche', meaning 'beginning', and evolved to refer to government buildings storing important documents.
• 😀 Archives are classified into two categories: dynamic archives (actively used in office administration) and static archives (no longer directly used).
• 😀 The legal definition of archives in Indonesia is found in Law No. 43 of 2009, which outlines the importance of archives in recording activities and events in various forms and media.
• 😀 Archives are not only limited to written documents but can include photographs, films, maps, microfilms, and other materials that serve as official records.
• 😀 Archives must meet three essential conditions: they should be stored in an organized manner, still have a use, and be easily accessible when needed.
• 😀 Archival science involves studying documents or historical records that have value for research and as sources of information.
• 😀 The purpose of archiving is to preserve records of organizational activities and to support governmental accountability and transparency.
• 😀 Archives serve as both functional records of governance and expressions of human ideas, knowledge, and civilization.
• 😀 Archives differ from libraries in that they are created from administrative actions or transactions, while libraries collect materials with the goal of influencing or educating readers.
• 😀 Archival law in Indonesia is governed by various laws and regulations, including Law No. 43 of 2009, which regulates the creation, management, and destruction of archives in both government and private sectors.

Q & A

What is the etymological origin of the term 'archive'?

The term 'archive' originates from the Greek word 'arche', meaning 'beginning'. It later developed into 'arkheion', referring to a government building where records were stored. The word was adopted into Dutch as 'archief' and English as 'archive'.

How are archives classified based on their function?

Archives are classified into two types: (1) dynamic archives, which are still actively used in planning and administration, and (2) static archives, which are no longer directly used but preserved for historical or reference purposes.

According to Indonesian law, how are archives defined?

According to Article 1, Number 2 of Law Number 43 of 2009 concerning Archives, archives are records of activities or events in various forms and media, created or received by state institutions, regional governments, educational institutions, companies, political or community organizations, and individuals in the implementation of social, national, and state life.

What are the three conditions that documents must meet to be considered archives according to The Liang?

According to The Liang, archives must (1) be stored in a planned and orderly manner, (2) still have a use, and (3) be retrievable quickly when needed.

What is the main difference between archives and libraries?

Archives are collections of records produced naturally through daily organizational activities, serving as evidence of operations, while libraries contain materials created intentionally for education, research, or entertainment. Archives are unique and irreplaceable; library materials can generally be replaced.

What are some key principles of archiving mentioned in the tutorial?

Key principles include: archives are created by and for society; they protect and preserve historical evidence; they embody human ideas and civilization; they represent human memory; they are permanent, trustworthy, and serve as evidence of decisions and knowledge.

What is meant by 'archival law'?

Archival law refers to a set of principles, rules, institutions, and processes governing the creation, management, preservation, and use of archives. It includes legal provisions from laws, administrative decisions, and court rulings concerning archives.

What are the main sources of archival law in Indonesia?

The main sources include Law No. 43 of 2009 on Archiving, Law No. 8 of 1997 on Company Documents, and several Government Regulations and Ministerial Decrees related to archive retention, transfer, and destruction, such as Government Regulation No. 34 of 1979 and Presidential Decree No. 26 of 1974.

What sanctions exist for violations in the field of archival management?

Violations such as leaking state secrets or failing to properly destroy archives can lead to administrative sanctions, including removal from office or other disciplinary measures.

What is the purpose of the Archival Institution of Higher Education (APT) in universities?

APT institutions manage archives in universities, supporting education, research, and community service in line with the Tri Dharma of higher education. They ensure preservation and access to academic and administrative records.

How are the sources of law categorized in the study of archival law?

Sources of law are categorized into historical, philosophical, sociological, material, and formal senses. These include legislation, customs, treaties, jurisprudence, and legal science, which together establish the foundation and authority of archival law.

Why are archives considered vital to national accountability?

Archives ensure the safety of national accountability materials by documenting the planning, implementation, and administration of government and public life, providing evidence for governance and historical reference.