A. UNDERSTANDING SYSTEM AND LEGAL SYSTEM
The system comes from the Greek “systema” which can be interpreted as a whole consisting of various kinds. According to Prof. Subekti, SH system is a regular arrangement or arrangement, a whole consisting of parts related to each other, arranged according to a plan or pattern, the result of a writing to achieve a goal “.
In a good system there can be no conflict or collision between the parts. There should also be no duplication or overlap between the parts. A system contains several principles that guide the formation. It can be said that a system can not be separated from the principles that support it. For that reason, the law is a system which means a regular arrangement of rules of life, all of which consist of parts which are related to each other.
B. LEGAL TYPES
- Laws Based on Its Form
Based on the form of law is divided into 2 namely the written law and the unwritten law:
a. Written law is a law written in legislation. For example: the criminal law that is imprinted on the criminal code and the first law listed in the Civil Code. b. Unwritten law is a law that is not written in legislation or also called customary law that is still upheld on the beliefs and beliefs of society, it’s just not listed but still valid and adhered to. For example: customary law of a region.
- Laws Based on the Source
Based on the source of the law is divided into 5 kinds of laws of law, customs or customs, tracts, doctrines, jurisprudence:
a. The law of the law is a law listed in the laws and regulations.
b. Customary law is a law that lies in customary regulations.
c. The treaty law is a law created because of an agreement between the countries involved.
d. The law of doctrine is a law created from the opinions of various jurists famous for their ability and knowledge.
e. The law of jurisprudence is the law established by the judge’s decision.
- Law Based on Time
Based on the time the law is divided into 3 namely: Ius constitutum, Ius constituendum and Basic Law:
a. Ius constitutum is a positive law that applies today to a society within a particular area.
b. Ius constituendum is the applicable law in the future.
c. The Basic Law is a natural law applicable everywhere.
- Law by Place of View
Based on the place of validity of the law is divided into 2 namely: national law, international law and foreign law:
a. National law is a law that runs in a country.
b. International law is the law governing relationships between various countries in the world.
c. Foreign law is a law that runs in a foreign country.
- Laws Based on Its Nature
Based on the nature of the law is divided into 2 namely: the law that forces and regulates:
a. The law of coercion is the law that has absolute coercion even under any circumstances.
b. The regulating law is a negligible law when the parties have their own rules.
- Law Based on How to Maintain it
Based on how to maintain it is divided into 2, namely material and formal law:
a. Material law is a law that contains all rules governing the interests and relationships of a command and a prohibition.
b. Formal law is a law that contains rules on how to carry out the law of the material.
- Law by Its Being
Based on the form of law is divided into 2, namely objective and subjective law:
a. Objective law is the law within a State where it applies in general.
b. Subjective law is a law that arises from objective law and applies to certain people or more. This law is also called right.
- Law Based Contents
Based on the contents of the law is divided into 2, namely private law and public law:
a. Private law is a law that regulates the relationship between individual one with another individual by relying on individual interests. This law is also called civil law. Examples are civil and commercial law.
b. Public law is the law governing the relationship of the State with its citizens or the State with the fittings. It is also called State law. Where the law is divided into three namely criminal law, State Administration, and State administration.