About Law Studies

Law is the most important system in the implementation of a series of institutional powers.  From the form of abuse of power in politics, economics and society in various ways and acting, as the main intermediary in social relations between communities against criminalization in criminal law, criminal law seeks the way the state can prosecute perpetrators in legal constitutions provide a framework for the creation of law, protection of human rights and expanding political power and the way their representatives will be elected. Administrative law is used to review government decisions, while international law regulates issues between sovereign states in activities ranging from environmental trading to regulations or military actions. Philosopher Aristotle states that, "A rule of law will be far better than compared to the rules of rampant tyranny."

 

Until now, there has been no understanding from experts regarding the definition of law. Many experts and legal scholars have tried to provide legal definitions or definitions, but no expert or legal scholar has been able to provide a legal understanding that can be accepted by all parties. The absence of a legal definition that can be accepted by all experts and legal experts in turn determines the existence of a problem regarding disagreement in the law definition to be possible if the law is defined or is it possible to make a law definition? Then developing again becomes a need for us to define law?

 

The absence of law definitions is clearly an obstacle for those who just want to study law. Of course it requires an initial understanding or general understanding of the law before starting to learn what is law with its various aspects. For ordinary people the notion of law is not very important. More important is the enforcement and legal protection given to the community. However, for those who want to explore more about legal matters, of course it is necessary to know the legal meaning. In general, the formulation of the definition of law contains at least several elements as follows:

 

·         Law governs human behavior or actions in society. Regulations contain orders and prohibitions on doing something or not doing something. This is intended to regulate human behavior so as not to interfere and harm the public interest.

·         Legal regulations are stipulated by the institution or body authorized for that. Legal regulations are not made by everyone but by an institution or body that does have the authority to establish a binding regulation for the wider community.

·         Enforcement of the rule of law is compelling. Legal regulations are made not to be violated but to be obeyed. To enforce it, it is also regulated regarding the authorities who have the authority to monitor and enforce it even with repressive actions. However, there are also legal norms that are facultative / complementary.

·         The law of having sanctions and any violations or acts against the law will be subject to strict sanctions. Sanctions are also regulated in legal regulations.

 

 

The Field of Law

 

Law can be divided into various fields, including criminal law / public law, civil / personal law, procedural law, constitutional law, state administrative law / state administrative law, international law, customary law, Islamic law, agrarian law, law business, and environmental law.

 

Criminal Law

Criminal law belongs to the realm of public law. Criminal law is a law that regulates the relationship between legal subjects in terms of actions that are required and prohibited by laws and regulations and results in the imposition of sanctions in the form of punishment and / or fines for violators.

 

There are 2 types of actions in criminal law , namely crime and violation.

 

·         Crime is an act that is not only contrary to the laws and regulations but also contrary to moral values, religious values ​​and a sense of community justice. The perpetrators of violations in the form of crimes get sanctions in the form of conviction, for example stealing, killing, adultery, raping and so on.

·         Violations are actions that are only prohibited by laws and regulations but do not have an effect that does not directly affect other people, such as not wearing a helmet, not using a seat belt in driving, and so on.

 

In Indonesia, criminal law is regulated in general in the Criminal Code (KUHP), which is a legacy from the Dutch colonial era, formerly called Wetboek van Straafrecht (WvS). The Criminal Code is a lex generalis for the regulation of criminal law in Indonesia where general principles are contained and become the basis for all criminal provisions regulated outside the Criminal Code (lex specialis)

 

Civil law

One area of ​​law that regulates the relationships between individuals in society and certain channels. Civil law also known as private law or civil law. One example of civil law in the community is the sale and purchase of a house or vehicle.

 

Civil law can be classified as being:

 

1.      Family law

2.      Law of wealth

3.      Law of things

4.      Law of Obligation

5.      Inheritance law

 

 

 

Procedural law

 

For the establishment of material law, procedural law is required or often also called formal law. Procedural law is a provision that regulates how and who is authorized to enforce material law in the event of a violation of material law. Without clear and adequate procedural law, the party authorized to enforce material law will have difficulty enforcing material law. To enforce the material provisions of the criminal law a criminal procedure law is needed, for civil material law, then there is a civil procedure law. Meanwhile, for the material law of state administration, state administrative procedures are needed. Criminal procedural law must be mastered mainly by the police, prosecutors, lawyers, judges, and officers of Correctional Institutions.

 

Criminal procedural law that must be controlled by the police, especially criminal procedure law that regulates the question of investigation and investigation, because the main task of the police according to criminal procedural law (KUHAP) is mainly to carry out investigative and investigative duties. The duty of the prosecutor is the prosecution and implementation of the decision of the criminal judge. Therefore, prosecutors are required to master the procedural law related to their duties. Whereas those who must master the civil procedure law. including state administrative procedures, especially lawyers and judges. This is because in civil procedural law and also state administrative procedures, both the police and prosecutors (public prosecutors) are not given roles as in the criminal procedure law. It is the advocate who represents someone to advance the lawsuit, both a civil suit and a state administrative suit, against a party that is deemed detrimental to his client. The lawsuit will be examined and decided by the judge. The party sued can also appoint an advocate representing him to fend off the claim.

 

The uprightness of the rule of law is very dependent on the honesty of the law enforcers themselves, who in upholding the law are expected to truly uphold truth, justice and honesty. The law enforcers are judges, prosecutors, police, advocates, and officers of the Penitentiary. If the five pillars of law enforcement really uphold the law by upholding the values ​​mentioned above, then the community will place high respect for law enforcement. With that higher respect, the community will be encouraged to obey the law.

 

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