Law Archive

Kinds of Laws With His Explanations

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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.

Various Islamic laws

As a universal and holistic religion that not only regulates the ritual worship, but also has the rules and foundations of faith for Muslims, from small to large affairs, such as love, zakat, prayer, inheritance, marriage and many again. For this reason, the main function of the 5 pillars of Islam and the six pillars of faith always practiced by Muslims is vital. Basically the Shari’a of Islam according to the Koran regulates the human relationship with God and human relationships with humans and other living beings.

Understanding Islamic Law

Understanding Islamic law or Islamic Shari’a is a system of rules based on the revelation of Allah SWT and hadist about the behavior of people who can already be burdened with recognized and believed obligations, which is binding for all adherents. And this refers to what the Apostle has done to execute it totally. Shari’a according to the term means the laws commanded by Allah for His people brought by a Prophet, whether related to belie

Islamic according to language means the path through which mankind goes to Allah SWT. And Islam is not just a religion that teaches about how to worship to God alone. The existence of a rule or system of provisions of Allah SWT to regulate human relationship with Allah SWT. and human relationship with each other. The rule comes from all Islamic teachings, especially the Qur’an and Hadist.

Understanding the source of Islamic law

The definition of Islamic law is the Shari’a which means the rule of God for His people brought by a Prophet , both the law relating to belief aqidah as well as the laws relating to the deeds  committed by Muslims altogether.

Sources of Islamic Laws
Islamic law is not just a theory but is a rule to be applied in the joints of human life. Because of the many problems encountered, generally in the field of religion that often makes Muslims think that tends to the difference. That is why the source of Islamic law as a solution, which is as follows:

  1. Al-Quran
    The first source of Islamic law is the Qur’an, a Muslim holy book that was revealed to the last prophet, the Prophet Muhammad through the Angel Gabriel. The Qur’an contains contents containing orders, prohibitions, suggestions, stories of Islam, provisions, wisdom and so on. The Qur’an explains in detail how man should live his life in order to create a society of noble character. Thus, the verses of the Qur’an became the main basis for establishing a Shari’a.
  2. Al-Hadith
    The second source of Islamic law is Al-Hadist, ie everything that is based on the Prophet Muhammad. Be it words, behavior, silence. In Al-Hadist  there are rules that detail all the rules that are still global in the Qur’an. The word hadist which experienced the expansion of meaning so that it is synonymous with the hadist  it can mean any word (word), deeds, decrees and approval of Rasulullah SAW which is used as a decree or Islamic law.
  3. Ijma ‘
    The agreement of all mujtahid scholars at one time after the Prophet’s time on a matter in religion. “And ijma ‘accountable is what happened in the days of Companions, Tabiin (after Companions), and Tabi’ut Tabiin (after Tabiin). Because after their time the scholars have dispersed and the numbers are many, and more and more disagreements, so it is not certain that all scholars have agreed.
  4. Qiyas
    The fourth source of Islamic law after the Al-Quran, Al-Hadith and Ijma ‘is Qiyas. Qiyas means to explain something that there is no argument nashnya in Al quran or hadith  by comparing something similar to something that want to know the law.

This means that if a texts have already demonstrated the law of a case in Islam and it has been known through one method of knowing the legal matter, then there is another case similar to the case of the texts in such a case, then the case law is likened to Existing case law.

Kinds of Islamic Law

Each of the joints of human life, there are rules of rules that must be obeyed. If it is in society then the law of society must be upheld. Similarly, embracing Islam, the religion that has rules. And the first rule we must understand is the rule of God. All Divine rules in all forms of the laws of human life are contained in the Qur’an, which has been explained in the hadist  of the Prophet . The following are various Islamic laws,

  1. Obligatory
    Compulsory is something deeds that if done will get a reward and if left behind will be tortured. Examples of deeds that have compulsory laws are five-time prayers, wearing hijab for women, fasting, performing Hajj for the able, respecting non-Muslims and more.
  2. Sunnah
    The Sunnah is something that

International law

The consequence of international relations is the emergence of international law. International relations that have been practiced by countries in the world have given birth rights and obligations between legal subjects (state). Therefore, international law is absolutely necessary in order to guarantee the smoothness of international association

  • Understanding of International Law Prof. Dr. Mochtar Kusumaatmaja said that International Law is the whole rules and principles governing relations or issues that cross the borders of the state between the state and the state, the countries with other international legal subjects.
    International law is divided into two parts:
    a. International Civil Law, is an international law that regulates legal relations between citizens in a country and citizens of other countries (law between nations)
    b. International public law, is an international law that governs one country with another in international relations (Intercultural Law)
  • Principles of International Law

The principles applicable in international law are:
1. Territorial Principle, According to this principle, the state implements the law for all persons and all goods within its territory.
2. The principle of Nationality, according to this principle settled citizens wherever he is, still get legal treatment from his country. This principle has extraterritorial powers, meaning that state law remains in force for a citizen even if he is in another country.
3. General Interest, according to this principle, the state may adapt to all circumstances and events pertaining to the public interest. Thus, the law is not bound to the boundaries of a country’s territory.

  • Subject of International Law

International law subjects consist of:
a. Country
b. Individual
c. Holy See
d. The International Red Cross
e. International Organization
Some Experts say that the rebels are part of the subject of international law.

  • International Legal Resources

Sources of law can be divided into two parts, namely:
a. Sources of legal Material namely everything that discusses the basis of law enforcement of a country.
b. The source of formal law, the source from which we obtain or find the provisions of international law.

 …

International Justice System

The international justice system is the elements or components of the international judiciary that are regularly interrelated to form a unity in order to achieve inter-national justice. These components consist of the International Court of Justice, the International Criminal Court, as well as the Special Panels, and the International Criminal Specialties.

Components of the International Judicial System

The components or elements in a system of existence are very important for the implementation of the system itself. The loss of a single element in a system can hinder the running of the system.

The same is true of the components of the international justice system. All components of the international justice system should support and co-operate in international justice.

 Components in the international judicial system are as follows.

1. International Court of Justice

International Court of Justice or abbreviated MI is the main organ of the United Nations judiciary, based in The Hague, Netherlands. The Court has been functioning since 1946. The primary function of the International Court of Justice is to resolve international dispute cases whose subject is the state.

The composition of the International Court of Justice consists of fifteen judges. Fifteen candidates for the judges of the International Court of Justice were recruited from qualified member states in the field of international law. In electing members of the International Court of Justice, an independent ballot is conducted by the General Assembly (MU) and the Security Council (DK). Usually the five judges of the International Court of Justice are from permanent members of the UN Security Council.
The International Court of Justice has the following duties.
a.  Examining disputes or disputes between UN member states submitted to it.
Giving opinion to the UN General Assembly on inter-member UN member settlement disputes.
b. Appeals to the UN Security Council to act on any party that does not implement the International Court of Justice decision.
c. Advise legal issues with the UN General Assembly and Security Council.

The International Court of Justice is in charge of examining and adjudicating disputes in both dispute and counsel. Therefore, the International Court of Justice has the following powers.

Apply the jurisdiction of the jurisdiction over ordinary matters under the terms of the parties’ agreement in the dispute.
Giving opinion advisory opinion is the opinion of the court that is advice. Advisory opinion has no binding nature, but is usually applied as a legal decision, namely a mandatory decision that has strong or suggested power to implement.

2. The International Criminal Court

The International Criminal Court, abbreviated  is the International Criminal Court which stands permanently under a multilateral treaty and is in charge of the supremacy of international law. The International Criminal Court ensures that perpetrators of serious international crimes are convicted. Types of serious crimes in question are crimes of genocide, crimes against humanity, war crimes, and crimes of aggression.

3. Special Panels and Special Crimes International

The international criminal special panel is abbreviated as PKPI. Like the international criminal panel abbreviated PSPI. The international criminal special panel is abbreviated and the international criminal panel abbreviated are international judicial institutions that try suspects of non-permanent crimes. That is, have tried this court disbanded.

These are the elements or components of the international judiciary that are regularly interrelated to form a unity in order to achieve international justice.

 …

Why Should There be a Law

  1. Why Should There be a Law?
    Law is a tool to limit human behavior in general whose purpose is to create a peaceful and peaceful society. Law regulates various community activities, ranging from socializing, politics, trying, competing.
  2. Where There Is No Law
    Example: if the thief has no legal sanction, can we sleep well at night? If on the highway there is no legal signs, imagine the traffic jam.
  3. The rise of the Law. The law, also known as the rule, is created because of the existence of society, so that where there is society then there will also be created the law, either intentionally or unintentionally, either in writing or unwritten. There is no civilized society and country that does not require the law
  4. What is the Importance of the Law? The importance of the law for the life of a nation and a state is to organize all its people or society, in the presence of the law we can be bound and do not act arbitrarily and with the existence of exact law evil does not rampant in society. Law is important but more important is its law enforcers.
  5. What is the Legal Purpose? The purpose of the law is to regulate the people not to commit violations and criminal acts in order to create peace and prosperity of the people. In this world there are many humans, the more human more and more different desires and attributes. The existence of the law is to regulate the relationships between people and limit and prevent excessive actions that can be done by humans. It’s to manage this life let me not mess. Because if there is no law then people will do as they please. Examples of taking other people’s goods at will, killing, taking the honor of others.
  6. Legal Purposes According to Flow and Law in Law. Ethical flow assumes the purpose of law is essentially to achieve justice. The ethical school therefore assumes that the law is determined by the belief in something just or unjust. Utilistic flow, which considers the purpose of the law is merely to realize the greatest benefit and happiness for the majority of mankind. The Dogmatic Juridical School which assumes that the purpose of the law is merely to bring about legal certainty. This Dogmatic Juridical School considers that the law which has been contained in the formulation of legislation is something that has the certainty to be realized. Legal certainty is an absolute thing for every rule and therefore legal certainty is itself a legal objective.
  7. Legal Functions by Experts
    The legal function according to Prof. Dr. Soerjono Soekanto, as a tool to implement order and tranquility in social life; As a means to realize social justice, both born and inner and as a means to mobilize development for society. The legal function according to Prof. Dr. Sunaryati Hartono: As a means to maintain order and security in society; As a means to carry out development; As a means to uphold justice and as a means to educate (educate) the community. “