Source of law-introduction to Indonesian law
According to Paton (1972: 188):
1. Source of law based on public knowledge
2. Source of law based on the Formation of Law
and according to C.S.T Kansil (1989: 46):
anything that gives rise to rules that have a force that is coercive, namely those rules which, if violated, result in firm and real sanctions.
Sources of Material & Formal Law
C.S.T Kansil (1989: 46). Describes as follows: We can review the source of the law from a material and formal perspective.
1. the sources of material law, can be reviewed from various angles, for example from the point of view of economics, history, sociology, philosophy and so on.
2. Sources of formal law include:
a. Law (statute)
b. Custom (custom)
c. Judges’ decisions (jurisprudentie)
e. Opinion of Law Degree (doctrine)
Continental European legal system: more focus on legal sources in the formal sense Angloxason legal system: sources of law in the two definitions above, namely material and formal
Source of Law Material Law (undang-Undang)
1. Law in the formal sense
every government decision which constitutes law
2. Law in a material sense:
every government decision according to its contents is directly binding on every resident.
The conditions for the entry into force of a law After these conditions are met, then a fictie in law applies Expiration of the force of a law
1. The term expires
2. The state of law no longer exists
3. Laws Revoked by related agencies
4. The existence of a new law
Habits are human actions that are repeated over and over in the same thing
Judge Decisions (Jurisprudence)
Jurisprudence is a previous judge’s decision which is often followed and used as the basis for decisions by later udges regarding the same issue.
There are two types of jurisprudence, namely;
a. Fixed jurisprudence: occurs because of a series of similar decisions and which forms the basis for the court (standard-arresten) to make decisions
b. Variable jurisprudence
Treaty / agreement: When two people make an agreement (consensus) on something, then they then enter into an agreement
Sunt Servanda pacta principle: that the agreement binds the parties who make it or each agreement must be obeyed and kept.
Agreements entered into by two or more countries are called treaties between countries or international treaties
If a treaty is entered into by only two countries, it is a bilateral treaty.
If it is entered into by more than two countries, the treaty is a multilateral treaty.
Collective Treaty or Open Treaty: Open Multilateral Treaty.
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